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[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Proposed Rules]
[Pages 10442-10447]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04074]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0005; FRL-9907-09-Region-3]

Approval and Promulgation of Implementation Plans; Delaware; 
Regional Haze Five-Year Progress Report State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of a revision to the Delaware State Implementation Plan (SIP) 
submitted by the State of Delaware through the Delaware Department of 
Natural Resources and Environmental Control (DNREC). Delaware's SIP 
revision addresses requirements of the Clean Air Act (CAA) and EPA's 
rules that require states to submit periodic reports describing 
progress towards reasonable progress goals (RPGs) established for 
regional haze and a determination of the adequacy of the State's 
existing implementation plan addressing regional haze (regional haze 
SIP). EPA is proposing approval of Delaware's SIP revision on the basis 
that it addresses the progress report and adequacy determination 
requirements for the first implementation period for regional haze.

DATES: Comments must be received on or before March 27, 2014.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0005, by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: fernandez.cristina@epa.gov.
    C. Mail: EPA-R03-OAR-2014-0005, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0005. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal 
are available at the Delaware Department of Natural Resources and 
Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware 
19903.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by 
email at shandruk.irene@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Requirements for the Regional Haze Progress Report SIPs and 
Adequacy Determinations
III. EPA's Analysis of Delaware's Regional Haze Progress Report and 
Adequacy Determination
IV. EPA's Proposed Action
V. Statutory and Executive Order Reviews

I. Background

    States are required to submit a progress report in the form of a 
SIP revision every five years that evaluates progress towards the RPGs 
for each mandatory Class I Federal area within the state and in each 
mandatory Class I Federal area outside the state which may be affected 
by emissions from within the state. See 40 CFR 51.308(g). In addition, 
the provisions under 40 CFR 51.308(h) require states to submit, at the 
same time as the 40 CFR 51.308(g) progress report, a determination of 
the adequacy of the state's existing regional haze SIP. The first 
progress report SIP is due five years after submittal of the initial 
regional haze SIP. On September 25, 2008, Delaware DNREC submitted the 
State's first regional haze SIP in accordance with 40 CFR 51.308(b).\1\
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    \1\ On July 19, 2011, EPA finalized an approval of Delaware's 
September 25, 2008 regional haze SIP to address the first 
implementation period for regional haze. See 76 FR 42557.
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    On September 24, 2013, DNREC submitted, as a SIP revision (progress 
report SIP) a report on progress made in

[[Page 10443]]

the first implementation period towards RPGs for the Class I area 
outside the State that is affected by emissions from Delaware's 
sources. This progress report SIP and accompanying cover letter also 
included a determination that Delaware's existing regional haze SIP 
requires no substantive revision to achieve the established regional 
haze visibility improvement and emissions reduction goals for 2018. EPA 
is proposing to approve Delaware's September 24, 2013 SIP revision on 
the basis that it satisfies the requirements of 40 CFR 51.308(g) and 
308(h).

II. Requirements for the Regional Haze Progress Report SIPs and 
Adequacy Determinations

    Under 40 CFR 51.308(g), states must submit a regional haze progress 
report as a SIP revision every five years and must address, at a 
minimum, the seven elements found in 40 CFR 51.308(g). As described in 
further detail in section III of this rulemaking action, 40 CFR 
51.308(g) requires: (1) A description of the status of measures in the 
approved regional haze SIP; (2) a summary of emissions reductions 
achieved; (3) an assessment of visibility conditions for each Class I 
area in the state; (4) an analysis of changes in emissions from sources 
and activities within the state; (5) an assessment of any significant 
changes in anthropogenic emissions within or outside the state that 
have limited or impeded progress in Class I areas impacted by the 
state's sources; (6) an assessment of the sufficiency of the approved 
regional haze SIP; and (7) a review of the state's visibility 
monitoring strategy.
    Under 40 CFR 51.308(h), states are required to submit, at the same 
time as the progress report SIP, a determination of the adequacy of 
their existing regional haze SIP and to take one of four possible 
actions based on information in the progress report. As described in 
further detail in section III of this rulemaking action, 40 CFR 
51.308(h) requires states to either: (1) Submit a negative declaration 
to EPA that no further substantive revision to the state's existing 
regional haze SIP is needed; (2) provide notification to EPA (and other 
state(s) that participated in the regional planning process) if the 
state determines that its existing regional haze SIP is or may be 
inadequate to ensure reasonable progress at one or more Class I areas 
due to emissions from sources in other state(s) that participated in 
the regional planning process, and collaborate with these other 
state(s) to develop additional strategies to address deficiencies; (3) 
provide notification with supporting information to EPA if the state 
determines that its existing regional haze SIP is or may be inadequate 
to ensure reasonable progress at one or more Class I areas due to 
emissions from sources in another country; or (4) revise its regional 
haze SIP to address deficiencies within one year if the state 
determines that its existing regional haze SIP is or may be inadequate 
to ensure reasonable progress in one or more Class I areas due to 
emissions from sources within the state.

III. EPA's Analysis of Delaware's Regional Haze Progress Report and 
Adequacy Determination

    On September 24, 2013, DNREC submitted a revision to Delaware's 
regional haze SIP to address progress made towards RPGs of the Class I 
area outside the State that is affected by emissions from Delaware's 
sources. This progress report SIP also includes a determination of the 
adequacy of the State's existing regional haze SIP. Delaware does not 
have any Class I areas within its borders. However, in Delaware's 
September 25, 2008 Regional Haze submittal, DNREC had identified, 
through an area of influence modeling analysis based on back 
trajectories in consultation with the regional planning organization, 
Mid-Atlantic/Northeast Visibility Union (MANE-VU), only one Class I 
area, Edwin B. Forsythe National Wildlife Refuge (Brigantine Wilderness 
Area), in the neighboring State of New Jersey, that can be potentially 
impacted by Delaware sources. See 76 FR 42557.

A. Regional Haze Progress Report SIPs

    This section summarizes each of the seven elements that must be 
addressed by the progress report under 40 CFR 51.308(g); how Delaware's 
progress report SIP addressed each element; and EPA's analysis and 
proposed determination as to whether the State satisfied each element.
    The provisions under 40 CFR 51.308(g)(1) require a description of 
the status of implementation of all measures included in the regional 
haze SIP for achieving RPGs for Class I areas both within and outside 
the state. Delaware evaluated the status of all measures included in 
its 2008 regional haze SIP in accordance with the requirements under 40 
CFR 51.308(g)(1). Specifically, in its progress report SIP, Delaware 
summarizes the status of the emissions reduction measures that were 
included in the coordinated course of action agreed to by the Mid-
Atlantic and Northeast States to assure reasonable progress toward 
preventing any future, and remedying any existing impairment of 
visibility in mandatory Class I Federal areas within MANE-VU. Delaware 
discusses its implementation of best available retrofit technology 
(BART) at the BART sources in the State and discusses how Delaware has 
far exceeded the MANE-VU goal of 90 percent (%) reduction in sulfur 
dioxide (SO2) at electricity generating unit (EGU) stacks 
through implementation of its non-trading emissions control regulation 
for EGUs, 7 DE Admin. Code 1146, and control requirements on 
SO2 emissions at EGUs established in state consent decrees 
and permits. Delaware discusses its implementation of 7 DE Admin. Code 
1144 and 1148 which yielded nitrogen oxide (NOX) reductions 
from generators and combustion turbines at EGUs and discusses 
reductions from the shutdown of coal-fired boilers pursuant to a 
Federal consent decree with Invista. While Delaware did not include any 
regulation for low sulfur fuel oil in its regional haze SIP, Delaware 
has subsequently implemented a low sulfur fuel oil regulation which 
will be effective in 2016 and will reduce SO2 emissions 
further. Delaware also discusses SO2 and NOX 
reductions from a consent decree with the Delaware City Refinery which 
required installation of controls and discusses emission reductions 
from the NOX SIP Call and reasonably available control 
technology (RACT) requirements within the State. Finally, Delaware 
discusses its implementation of other measures included in its regional 
haze SIP including Maximum Achievable Control Technology (MACT) 
requirements and mobile source and non-road control measures.
    The State also discusses the status of those measures that were not 
included in the MANE-VU coordinated course of action and were not 
relied upon in the initial regional haze SIP to meet RPGs. The State 
notes that the emissions reductions from these measures will help 
ensure the Class I area impacted by Delaware sources achieves its RPGs. 
The measures include the Mercury and Air Toxics Standards (MATS) for 
EGUs and the 2010 SO2 National Ambient Air Quality Standard 
(NAAQS) which Delaware expects will yield additional SO2 
reductions. Delaware also discusses Federal and state consent 
agreements as well as facility shutdowns and fuel conversions which 
were not included in the regional haze SIP but which have yielded 
emission reductions within the State.
    Delaware's progress report includes a discussion of the benefits 
associated with each measure and quantified these benefits wherever 
possible. In instances where implementation of a measure did not occur 
on schedule, information is provided on the source category and the

[[Page 10444]]

measure's relative impact on the overall future year emissions 
inventories. In aggregate, as noted later in section III.A of this 
rulemaking action, the emissions reductions from the identified 
measures exceed the original projections in Delaware's regional haze 
SIP and result in lower emissions than originally projected.
    EPA finds that Delaware's analysis adequately addresses the 
provisions under 40 CFR 51.308(g)(1). The State documents the 
implementation status of measures from its regional haze SIP in 
addition to describing additional measures not originally accounted for 
in the coordinated course of action with MANE-VU states or in 
Delaware's approved regional haze SIP. Delaware's progress report also 
describes significant measures resulting from EPA regulations other 
than the regional haze program as they pertain to the State's sources. 
The progress report SIP further highlights the effects of state 
regulations, such as Delaware's multi-pollutant control regulation for 
EGUs (7 DE Admin. Code 1146), as well as several Federal and state 
consent decrees for various facilities.
    The State's progress report adequately discusses the status of key 
control measures that Delaware relied upon in the first implementation 
period to make reasonable progress. In its regional haze SIP, Delaware 
identified SO2 emissions from coal-fired EGUs as a key 
contributor to regional haze in the MANE-VU region, with the EGU sector 
as a major contributor to visibility impairment at the Class I area 
impacted by Delaware sources. The State's progress report SIP provides 
additional information on EGU control strategies and the status of 
existing and future expected controls for Delaware's EGUs, with updated 
actual SO2 emissions data for the years 2009 through 2011 
reflecting significant reductions of SO2 in 2009, 2010, and 
2011. In its regional haze SIP, Delaware determined that no additional 
controls of non-EGU sources were reasonable for the first 
implementation period. Delaware's progress report SIP demonstrates 
SO2 reductions from EGUs in 2009-2011 far exceed projected 
SO2 reductions by approximately 10,000 tons of 
SO2 compared to the MANE-VU request to reduce SO2 
emissions at EGUs.
    Regarding Delaware's implementation of BART, Delaware's progress 
report SIP reviews the status of the State's BART sources (Edge Moor 
Unit 4, Edge Moor Unit 5, Indian River Unit 3, and McKee Run Unit 3). 
Delaware's regional haze SIP included Delaware's multi-pollutant EGU 
regulation, 7 DE Admin. Code 1146, as an alternative to BART for 
SO2 and NOx emissions control for the BART sources pursuant 
to 40 CFR 51.308(e)(2)(i). The progress report SIP indicates that the 
four BART sources have implemented the stringent control requirements 
in 7 DE Admin. Code 1146 for NOx and SO2 emissions through 
unit-specific annual NOx and SO2 mass emissions caps and 
short-term (rolling 24-hour) NOx and SO2 emissions rate 
limits (in pounds per million British thermal units (lb/MMBtu)). 
Delaware has demonstrated that the BART sources complied with 7 DE 
Admin. Code 1146 by installation of controls, fuel switches, and permit 
restrictions on operating conditions. Delaware's progress report SIP 
demonstrates significant SO2 reductions (and NOx reductions) 
from EGUs in 2011 compared to 2002 and 2008 through implementation of 7 
DE Admin. Code 1146.
    Delaware's regional haze SIP also established BART for particulate 
matter (PM) for these same four sources through control requirements, 
and Delaware's progress report SIP adequately demonstrates compliance 
with and implementation of the PM BART at these sources which has 
yielded PM reductions in addition to the PM reductions projected in the 
regional haze SIP.
    EPA proposes to conclude that Delaware has adequately addressed the 
status of control measures in its regional haze SIP as required by the 
provisions under 40 CFR 51.308(g)(1). The State adequately addressed 
the status of control measures in its regional haze SIP including BART 
and the coordinated action measures from MANE-VU, described the status 
of significant measures resulting from EPA regulations and Federal and 
state consent decrees other than the regional haze program as they 
pertain to Delaware sources, and included the status of key control 
measures that the State relied upon in the first implementation period 
to make reasonable progress. EPA finds Delaware has demonstrated 
significant reductions in SO2, NOx, and PM through 
implementation of measures in its regional haze SIP and other Federal 
and state measures.
    The provisions under 40 CFR 51.308(g)(2) require a summary of the 
emissions reductions achieved in the state through the measures subject 
to the requirements under 40 CFR 51.308(g)(1). In its regional haze SIP 
and progress report SIP, Delaware focuses its assessment on the largest 
contributor to visibility impairment, SO2 emissions from 
EGUs. Delaware made this decision for the first implementation period 
because of MANE-VU's findings that sulfate accounted for more than 70 
percent of the visibility-impairing pollution in the northeast and mid-
Atlantic and because SO2 point source emissions in 2018 were 
projected to represent the majority of the total SO2 
emissions inventory.
    Overall, SO2 emissions have decreased significantly in 
Delaware. Delaware states that the large reductions in SO2 
emissions from EGUs resulted from compliance with 7 DE Admin. Code 1146 
and from permit conditions and consent decrees which further restricted 
emissions from EGUs. By 2011, the EGUs subject to 7 DE Admin. Code 1146 
had reduced SO2 mass emissions by 21,905 tons per year (tpy) 
(approximately 70%) from 2002 and reduced NOx mass emissions by 5,412 
tpy (approximately 66%) from 2002.\2\ Delaware stated these actual 
reductions are greater than the 8,681 tons of SO2 reductions 
and zero tons of NOx reductions estimated from presumptive BART for 
Delaware's BART sources.
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    \2\ Delaware's progress report SIP includes emissions data for 
SO2 and NOx from EGUs from EPA's Clean Air Markets 
Division (CAMD) for the years 2002-2011.
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    Delaware also identifies specific additional SO2 and NOx 
emissions reductions since the submittal in 2008 of its regional haze 
SIP. Delaware identified reductions of 1,158 tpy NOx, 290 tpy fine 
particulate matter (PM2.5), and 4,694 tpy of SO2 
which resulted from unit shutdowns at several facilities and imposition 
of a NOx permit limit on the Delaware City refinery. Delaware also 
includes in its progress report SIP additional projected reductions of 
SO2 emissions of 2,605 tpy (as calculated from the 2002 base 
year) upon full implementation of its low-sulfur fuel regulation in 
2016. Delaware states that these additional emissions reductions will 
further help to ensure that the Brigantine Wilderness Area will achieve 
its RPGs for visibility improvement by 2018.
    Delaware also submitted data for the other states identified as 
significant contributors of SO2 to Brigantine Wilderness 
Area showing similar trends in SO2 reductions from EGUs in 
those states between 2002 and 2011. Because sulfates have been shown to 
be the predominant species of concern to visibility impairment at 
Brigantine Wilderness Area during the first round of regional haze 
planning and SO2 EGU emissions are trending downward, 
Delaware concludes in its progress report SIP that visibility 
improvements should continue into the future from the reduced sulfate 
contribution.

[[Page 10445]]

    EPA proposes to conclude that Delaware has adequately addressed the 
provisions under 40 CFR 51.308(g)(2). The State provides estimates, and 
where available, actual emissions reductions of SO2 and 
NOX from EGUs in Delaware since the State submitted its 
regional haze SIP. Although Delaware appropriately focused on 
SO2 emissions from its EGUs in its progress report SIP 
because the State had previously identified these emissions as the most 
significant contributors to visibility impairment at Brigantine 
Wilderness Area, the State also provided NOX emissions from 
its EGUs as well. Delaware also adequately provided estimates and where 
available, actual emissions reductions for certain non-EGU control 
measures discussed in its regional haze SIP. Delaware's progress report 
SIP has shown that Delaware has exceeded expected emissions reductions 
and is expected to continue to do so in order to meet reasonable 
progress goals by 2018.
    The provisions under 40 CFR 51.308(g)(3) require that states with 
Class I areas within their borders provide the following information 
for the most impaired and least impaired days for each area, with 
values expressed in terms of five-year averages of these annual values: 
\3\ (1) Current visibility conditions; (2) the difference between 
current visibility conditions and baseline visibility conditions; and 
(3) the change in visibility impairment over the past five years.
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    \3\ The ``most impaired days'' and ``least impaired days'' in 
the regional haze rule refers to the average visibility impairment 
(measured in deciviews) for the twenty percent of monitored days in 
a calendar year with the highest and lowest amount of visibility 
impairment, respectively, averaged over a five-year period. See 40 
CFR 51.301
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    Because Delaware does not have any Class I areas within its 
borders, EPA therefore proposes to conclude that Delaware's progress 
report SIP was not required to address 40 CFR 51.308(g)(3).
    The provisions under 40 CFR 51.308(g)(4) require an analysis 
tracking emissions changes of visibility-impairing pollutants from the 
state's sources by type or category over the past five years based on 
the most recent updated emissions inventory. In its progress report SIP 
to address the requirements of 40 CFR 51.308(g)(4), Delaware presents 
data from statewide emissions inventories developed for the years 2002 
and 2008 and compares the 2002 and 2008 data for SO2, 
NOX, and PM2.5 to two sets of data for the same 
pollutants, including the projected emissions inventory for 2018 (from 
its 2008 regional haze SIP) and a ``hybrid'' emissions inventory 
created using 2011 EGU emissions data from EPA's CAMD database combined 
with 2008 emissions inventory data from non-EGU sources. Delaware's 
hybrid emissions inventory also includes adjusted mobile source 
emissions data for NOX, and PM2.5 from a 2012 
model run using EPA's Motor Vehicle Emission Simulator (MOVES) 
model.\4\ Delaware states this hybrid inventory reflects the latest 
data available to the State for comparison for 40 CFR 51.308(g)(4). 
Delaware claims its inventory data in its progress report SIP captures 
the majority of SO2 emissions (as of 2011) because EGUs are 
the largest emitters of SO2 and states the inventory is 
adequate to show Delaware's significant progress in reducing 
SO2 emissions in comparison to future year projections. 
Delaware's emissions inventories include the following source 
classifications: Stationary point sources, area sources, and off-road 
and on-road mobile sources. As noted in section III.A.2 of this action, 
Delaware's overall EGU SO2 emissions exceeded the reductions 
projected in the State's regional haze SIP for 2018 due to compliance 
with 7 DE Admin. Code 1146, additional fuel switches to natural gas, 
shutdowns, and other measures implemented for EGUs not previously 
projected.
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    \4\ Delaware's progress report SIP focused on inventories of 
SO2, NOX and PM2.5 because Delaware 
states these pollutants are reasonably anticipated to cause or 
contribute to visibility impairment.
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    EPA proposes to conclude that Delaware has adequately addressed the 
provisions under 40 CFR 51.308(g)(4). While ideally the five-year 
period to be analyzed for emissions inventory changes is the time 
period since the current regional haze SIP was submitted, availability 
of quality-assured data may not always correspond with this period and 
there is an inevitable time lag in developing and reporting inventories 
such that the most recent data may not be available. Therefore, EPA 
believes that there is some flexibility in the five-year time period 
states can practically select for tracking emissions changes to meet 
this requirement. While Delaware used portions of its 2008 emissions 
inventory for comparison with 2002, Delaware also supplemented this 
2008 inventory with emissions data for 2011 for the EGU sector and with 
additional adjustments for 2012 mobile emissions. EPA believes that 
Delaware presented an adequate analysis tracking emissions trends for 
SO2, NOX, and PM2.5 since the SIP was 
submitted in 2008 to reflect trends over an approximate five year 
period using the emissions data available to Delaware. Delaware's 
hybrid emissions inventory including 2011 EGU emissions data shows 
significant reductions of approximately 28,000 tons of SO2, 
13,000 tons of NOX, and 200 tons of PM2.5 from 
2008. Furthermore, Delaware has demonstrated that these significant 
emissions reductions particularly of SO2 are well beyond 
what was projected for 2018, demonstrating greater progress than 
projected in 2008.\5\ EPA has also reviewed SO2 and 
NOX emissions data from CAMD for Delaware's EGUs for 2012 
and preliminary data for 2013 and notes similar significantly reduced 
emissions from these sources in 2012 and 2013. EPA believes this 
provides sufficient information to support the representativeness of 
the five-year period evaluated by Delaware given that the State 
identified SO2 emissions from the EGU sector as a main 
contributor to visibility impairment at Brigantine Wilderness Area.
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    \5\ EPA notes that the State included SO2 and 
NOX emissions data for EGUs in Tables 7 and 8 of the 
progress report SIP using data from EPA's CAMD database, along with 
trends comparing SO2, NOX, and 
PM2.5 actual emissions for 2002, 2008, and 2008 plus 2011 
EGU data to projected 2018 emissions in Tables 39-43.
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    The provisions under 40 CFR 51.308(g)(5) require an assessment of 
any significant changes in anthropogenic emissions within or outside 
the state that have occurred over the past five years that have limited 
or impeded progress in reducing pollutant emissions and improving 
visibility in Class I areas impacted by the state's sources. In its 
progress report SIP, Delaware states that sulfates continue to be the 
biggest single contributor to regional haze at Brigantine Wilderness 
Area. However, while Delaware focused its analysis on addressing large 
SO2 emissions from point sources, the State also has 
addressed NOX, and PM2.5. In its progress report 
SIP, Delaware demonstrates that the State's SO2, 
NOX, and PM2.5 emissions reductions have by 2012 
already significantly exceeded the Delaware 2018 emissions inventory 
projections for SO2, NOX, and PM2.5 
and demonstrates these reductions have occurred prior to other, 
additional state and Federal measures not included in the regional haze 
SIP but which Delaware projects will further reduce SO2 
emissions including the 2010 SO2 NAAQS, Delaware's new low-
sulfur fuel oil regulation, and the shutdown of Indian River Unit 3. 
Therefore, Delaware states that it has not limited nor impeded progress 
in reducing pollutant emissions and improving visibility at Brigantine 
Wilderness Area.

[[Page 10446]]

    EPA proposes to conclude that Delaware has adequately addressed the 
provisions under 40 CFR 51.308(g)(5). The State adequately demonstrated 
that there are no significant changes in emissions of SO2, 
PM2.5, or NOX that have impeded progress in 
reducing emissions and improving visibility in the Class I area 
impacted by Delaware sources. The State provided data demonstrating 
present emission reductions of SO2 from EGUs were greater 
than originally projected for 2018 in the State's regional haze SIP and 
show an overall significant downward trend in emissions over the period 
2002 to 2011.
    The provisions under 40 CFR 51.308(g)(6) require an assessment of 
whether the current regional haze SIP is sufficient to enable the 
state, or other states, to meet the RPGs for Class I areas affected by 
emissions from the state. In its progress report SIP, Delaware states 
that it believes that the elements and strategies outlined in its 
original regional haze SIP are sufficient to enable neighboring states 
to meet all established RPGs. To support this conclusion, Delaware 
notes that emissions of SO2 as calculated using the 2008 
emissions inventory adjusted with 2011 EGU emissions are significantly 
less than the 2018 projected emissions of SO2 (16,304 tpy 
versus 20,511 tpy, respectively). In addition, Delaware expects even 
further reduction of SO2 emissions, particularly for the EGU 
sector, due to additional reductions not accounted for in the original 
regional haze SIP as discussed in detail previously in this rulemaking 
action, further supporting the State's conclusion that the regional 
haze SIP's elements and strategies are sufficient to meet established 
RPGs. Delaware discusses visibility data from the April 30, 2013 
report, Tracking Visibility Progress, 2004-2011, prepared by the 
Northeast States for Coordinated Air Use Management (NESCAUM), which 
updated the progress at MANE-VU Class I areas during the five year 
period ending in 2011 including information for Brigantine Wilderness 
Area between 2000 and 2011 in the context of short- and long-term 
visibility goals. The report indicates that haze levels on the best and 
worst days from 2000 through 2011 have dropped at Brigantine Wilderness 
Area. Delaware notes the NESCAUM report indicates the states continue 
to be on track to meet their 2018 RPGs for improved visibility and that 
further progress may occur through recently adopted or proposed 
regulatory programs. Based upon the NESCAUM report and visibility data 
within the report for Brigantine Wilderness Area, Delaware states 
visibility improvement at Brigantine Wilderness Area has occurred for 
the most impaired days and no degradation of visibility has occurred 
for the least impaired days. Therefore, Delaware states that New 
Jersey's RPGs for Brigantine Wilderness Area are on track to be met 
based on visibility improvement and available data.
    EPA proposes to conclude that Delaware has adequately addressed the 
provisions under 40 CFR 51.308(g)(6). EPA views this requirement as a 
qualitative assessment that should evaluate emissions and visibility 
trends and other readily available information, including expected 
emissions reductions associated with measures with compliance dates 
that have not yet become effective. Delaware referenced the improving 
visibility trends detailed in the NESCAUM report and the downward 
emissions trends in the State, with a focus on SO2 emissions 
from Delaware EGUs, that support the State's determination that the 
State's regional haze SIP is sufficient for the neighboring state of 
New Jersey to meet its RPGs for the Class I area impacted by Delaware 
sources.
    The provisions under 40 CFR 51.308(g)(7) require a review of the 
state's visibility monitoring strategy and an assessment of whether any 
modifications to the monitoring strategy are necessary. This 
requirement only applies to states with Class I areas within their 
borders. EPA proposes to conclude that Delaware has adequately 
addressed 40 CFR 51.308(g)(7) because Delaware does not have any Class 
I areas within its borders and Delaware is not required to address the 
provisions under 40 CFR 51.308(g)(7).

B. Determination of Adequacy of Existing Regional Haze Plan

    Under 40 CFR 51.308(h), states are required to take one of four 
possible actions based on the information gathered and conclusions made 
in the progress report SIP. The following section summarizes the action 
taken by Delaware under 40 CFR 51.308(h); Delaware's rationale for the 
selected action; and EPA's analysis and proposed determination 
regarding the State's action.
    In its progress report SIP, Delaware took the action provided for 
by the provisions under 40 CFR 51.308(h)(1), which allow a state to 
submit a negative declaration to EPA if the state determines that the 
existing regional haze SIP requires no further substantive revision at 
this time to achieve the RPGs for Class I areas affected by the state's 
sources. The basis for the State's negative declaration is the findings 
from the progress report SIP (as discussed in section III of this 
rulemaking action), including the findings that: SO2 
emissions from the State's sources have decreased beyond original 
projections; additional EGU control measures not relied upon in the 
State's regional haze SIP have occurred or will occur in the 
implementation period; and the EGU SO2 emissions in Delaware 
are already below the levels projected for 2018 in the regional haze 
SIP and are expected to continue to trend downward for the next five 
years. EPA and Delaware also expect the downward trend in 
SO2 emissions from EGUs in the other MANE-VU states to 
continue. EPA proposes to conclude that Delaware has adequately 
addressed the provisions under 40 CFR 51.308(h) because the visibility 
trends at the Class I area impacted by the State's sources and the 
emissions trends of the State's largest emitters of visibility-
impairing pollutants both indicate that Brigantine Wilderness Area, 
which is the Class I area impacted by Delaware sources, will be able to 
meet or exceed the RPGs for 2018.

IV. EPA's Proposed Action

    EPA is proposing to approve Delaware's Regional Haze five-year 
progress report SIP revision, submitted September 24, 2013, as meeting 
the applicable regional haze requirements as set forth in 40 CFR 
51.308(g) and 51.308(h).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities

[[Page 10447]]

under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule to approve Delaware's regional haze 
five-year progress report SIP revision does not have tribal 
implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), because the SIP is not approved to apply in Indian 
country located in the state, and EPA notes that it will not impose 
substantial direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur dioxide, 
Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: February 11, 2014.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2014-04074 Filed 2-24-14; 8:45 am]
BILLING CODE 6560-50-P
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