41074 Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Rules and Regulations 

1A ‘‘fuel burning unit’’ is defined as ‘‘each unit, 

or any combination of units discharging to a 

common stack used for the burning of fuel or other 

combustible material for the primary purpose of 

utilizing the thermal energy released.’’ This 

definition is included in the Delaware SIP at 40 

CFR 52.420(c). 

TABLE 1—APPROVED BUT NOT INCORPORATED BY REFERENCE REGULATIONS—Continued 

State/local 

citation Title/subject State/local effective date EPA approval date Explanations 

2.05 ................ Appeals ........................................................... 11/09/20 7/11/22, [INSERT FEDERAL REGISTER CITATION].

5.01 ................ General Information ........................................ 11/09/20 7/11/22, [INSERT FEDERAL REGISTER CITATION].

5.02 ................ Additional or Alternative Enforcement Actions 11/09/20 7/11/22, [INSERT FEDERAL REGISTER CITATION].

5.03 ................ Penalties ......................................................... 11/09/20 7/11/22, [INSERT FEDERAL REGISTER CITATION].

* * * * * 

■ 3. Amend § 52.2495 by revising 

paragraph (a) to read as follows: 

§ 52.2495 Voluntary limits on potential to 

emit. 

(a) Terms and conditions of regulatory 

orders covering regulated NSR 

pollutants (as defined in 40 CFR 

52.21(b)), issued pursuant to WAC 173– 

400–091 ‘‘Voluntary limits on 

emissions’’ and in accordance with the 

provisions of WAC 173–400–091, WAC 

173–400–105 ‘‘Records, monitoring, and 

reporting,’’ and WAC 173–400–171 

‘‘Public involvement,’’ shall be 

applicable requirements of the 

Federally-approved Washington SIP for 

the purposes of section 113 of the Clean 

Air Act and shall be enforceable by the 

EPA and by any person in the same 

manner as other requirements of the 

SIP. Such regulatory orders issued 

pursuant to WAC 173–400–091 are part 

of the Washington SIP and shall be 

submitted to EPA Region 10 in 

accordance with the requirements of 40 

CFR 51.326. This includes any local 

clean air agency corollary approved by 

the EPA to act in lieu of WAC 173–400– 

091 or the adoption by reference of 

WAC 173–400–091 by any state or local 

agency. The EPA-approved provisions 

of the WAC are identified in 40 CFR 

52.2470(c). 

* * * * * 

■ 4. Amend § 52.2498 by revising 

paragraph (a)(1) to read as follows: 

§ 52.2498 Visibility protection. 

(a) * * * 

(1) Sources subject to the jurisdiction 

of Olympic Region Clean Air Agency; 

* * * * * 

[FR Doc. 2022–14389 Filed 7–8–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0204; FRL–9440–02– 

R3] 

Air Plan Approval; Delaware; Sulfur 

Content of Fuel Oil 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

submitted by the State of Delaware. The 

revision pertains to the reduction of the 

maximum allowable sulfur content limit 

for distillate fuels, from a current limit 

of 3000 parts per million (ppm) (0.3% 

by weight) to 15 ppm (0.0015% by 

weight) and residential fuels from a 

current limit of 1.0% by weight to 0.5% 

by weight. This revision also adds 

requirements for sampling and testing 

along with certification and 

recordkeeping. Additionally, start up, 

shut down and malfunction provisions 

that were previously included in the 

Delaware SIP have been removed in this 

revision. EPA has determined that such 

removal corrects a deficiency identified 

in the June 12, 2015, SIP call issued to 

Delaware. EPA is approving the revision 

to the Delaware SIP in accordance with 

the requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective August 

10, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2014–0204. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., confidential business 

information (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 through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Mallory Moser, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. The telephone number is (215) 

814–2030. Ms. Moser can also be 

reached via electronic mail at 

moser.mallory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 28, 2022 (87 FR 4528), 

EPA published a notice of proposed 

rulemaking (NPRM) for the State of 

Delaware which proposed to approve a 

revision to Title 7 of Delaware’s 

Administrative Code (7 DE Admin. 

Code) 1108—Sulfur Dioxide Emissions 

from Fuel Burning Equipment into the 

Delaware SIP. The revision will reduce 

the amount of sulfur in fuel oils used in 

fuel burning units.1 The revised 

regulation also establishes the date of 

compliance and adds necessary record 

keeping and recording provisions to 

ensure compliance with the regulation. 

Additionally, the revision removes start 

up, shut down and malfunction 

provisions that were previously 

included in the Delaware SIP. The 

formal SIP revision was submitted by 

Delaware on July 10, 2013, and 

amended on August 19, 2016, by a 

supplemental letter from Delaware 

Department of Natural Resources and 

Environmental Control (DNREC) 

withdrawing a portion of Section 3.0 of 

7 DE Admin. Code 1108. The letter is 


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Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Rules and Regulations 41075 

2After issuing a statement in 2020 to change 

aspects of the policy articulated in the 2015 SSM 

SIP Action, EPA in 2021 reinstated and reaffirmed 

the 2015 policy (see September 30, 2021, 

memorandum ‘‘Withdrawal of the October 9, 2020, 

Memorandum Addressing Startup, Shutdown, and 

Malfunctions in State Implementation Plans and 

Implementation of the Prior Policy,’’ from Janet 

McCabe, Deputy Administrator). Neither the 2020 

nor 2021 guidance memoranda affected the SSM 

SIP call for Delaware, and, as stated in the McCabe 

memorandum, EPA intends to implement the 2015 

SSM SIP Action, including taking this action on the 

SIP submittal in partial response to the 2015 SIP 

call. 3 62 FR 27968 (May 22, 1997). 

available in the docket for this 

rulemaking and online at 

www.regulations.gov. 

II. Summary of SIP Revision and EPA 

Analysis 

The SIP revision incorporates 

amendments to 7 DE Admin. Code 

1108—Sulfur Dioxide Emissions from 

Fuel Burning Equipment which sets the 

allowable content of sulfur in fuel oils 

combusted in Delaware. The 

amendments reduce the SIP approved 

maximum allowable sulfur content limit 

for distillate fuels to 15 ppm, and for 

residential fuel to 0.5% by weight. For 

any other fuel, the sulfur content would 

remain 1.0% by weight. 

In addition, the amendments to 7 DE 

Admin. Code 1108 respond to a SIP call 

issued by EPA for this provision as part 

of a national action to address startup, 

shutdown and malfunction (SSM) SIP 

provisions which are contrary to the 

CAA and existing EPA guidance.2 The 

SIP submission from Delaware, that is 

the subject of this action, contains a 

revised version of 7 DE Admin. Code 

1108 to delete the language identified in 

the 2015 SSM SIP call, formerly at 

Section 1.2, which allowed for 

impermissible exemptions from the low 

sulfur fuel oil provisions. 

This SIP revision to implement low 

sulfur fuel oil provisions is expected to 

reduce regional haze and visibility 

impairment in Delaware. Additionally, 

decreased emissions of sulfur dioxide 

(SO2) will contribute to the attainment, 

maintenance, or both, of the SO2 and 

fine particulate matter (PM2.5) national 

ambient air quality standards (NAAQS) 

in Delaware and the surrounding areas. 

Other specific requirements of the SIP 

revision and the rationale for EPA’s 

proposed action are explained in the 

NPRM and will not be restated here. 

Relevant support documents for this 

action are available online at https://

www.regulations.gov, Docket number 

EPA–R03–OAR–2014–0204. 

III. EPA’s Response to Comments 

Received 

EPA received four comments in total, 

two of which were supportive and can 

be found in the docket. The remaining 

two comments EPA received were 

generally supportive but raised issues 

beyond the scope of this rulemaking. 

One comment supported this action 

generally but suggested additional 

sulfur reductions should be encouraged 

by phasing out fossil fuels and investing 

‘‘in infrastructure that supports the use 

of electric cars.’’ Another comment 

approved of this action to the extent that 

it approved Delaware’s revision to 

correct one of the SSM exemptions 

identified in the SSM SIP Call, but 

admonished EPA for not yet taking 

action to address the other six SSM 

provisions in Delaware’s SIP that were 

identified in the SSM SIP Call. EPA 

acknowledges both comments and the 

feedback provided. However, the 

concerns expressed by both commenters 

are beyond the scope of this rulemaking 

action, and no response by EPA to those 

comments is required. 

IV. Final Action 

EPA is approving, as a SIP revision, 

the State of Delaware’s July 10, 2013, 

submittal reducing the amount of sulfur 

in fuel oils and removing SSM 

provisions from this portion of the 

Delaware SIP. EPA has determined that 

such approval corrects a deficiency 

identified in the June 12, 2015, SIP call 

issued to Delaware. EPA is approving 

the revision to the Delaware SIP in 

accordance with the requirements of the 

CAA. 

V. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of Delaware’s Sulfur 

Dioxide Emissions from Fuel Burning 

Equipment requirements as described in 

7 DE Admin. Code 1108, not including 

the last sentence of section 3.0, which 

Delaware withdrew from this SIP 

revision. EPA has made, and will 

continue to make, these materials 

generally available through https://

www.regulations.gov and at the EPA 

Region III Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.3

VI. Statutory and Executive Order 

Reviews 

A. General Requirements 

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 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 action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 

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 rule does not have 

tribal implications as specified by 


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41076 Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Rules and Regulations 

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. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 9, 2022. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed and 

shall not postpone the effectiveness of 

such rule or action. 

This action regarding fuel oil sulfur 

limits for combustion and sale in the 

State of Delaware may not be challenged 

later in proceedings to enforce its 

requirements (see section 307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter, Regional 

haze, Sulfur oxides. 

Adam Ortiz, 

Regional Administrator, Region III. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart I—Delaware 

■ 2. In § 52.420: 

■ a. In the table in paragraph (c) under 

the heading ‘‘1108 Sulfur Dioxide 

Emissions from Fuel Burning 

Equipment’’: 

■ i. Revise the entries ‘‘Section 1.0’’, 

‘‘Section 2.0’’, and ‘‘Section 3.0’’; and 

■ ii. Add the entries ‘‘Section 4.0’’ and 

‘‘Section 5.0’’ in numerical order. 

The revisions and additions read as 

follows: 

§ 52.420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS AND STATUTES IN THE DELAWARE SIP 

State regulation 

(7 DNREC 1100) Title/subject State effective date EPA approval date Additional explanation 

*******

1108 Sulfur Dioxide Emissions From Fuel Burning Equipment 

Section 1.0 ............. General Provisions ..................................... 07/11/2013 7/11/2022, [insert Federal Register citation].........................

Section 2.0 ............. Limit on Sulfur Content of Fuel .................. 07/11/2013 7/11/2022, [insert Federal Register citation].........................

Section 3.0 ............. Emissions Control in Lieu of Sulfur Content Limits of 2.0 of this Regulation.07/11/2013 7/11/2022, [insert Federal Register citation].........................

Section 4.0 ............. Sampling and Testing Methods and Requirements.07/11/2013 7/11/2022, [insert Federal Register citation].........................

Section 5.0 ............. Recordkeeping and Reporting ................... 07/11/2013 7/11/2022, [insert Federal Register citation].........................

* * * * * * * 

* * * * * 

[FR Doc. 2022–14715 Filed 7–8–22; 8:45 am] 

BILLING CODE 6560–50–P 


khammond on DSKJM1Z7X2PROD with RULES