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with CAA requirements and relevant 

guidance regarding enforceability, 

RACT, and SIP revisions. The TSDs 

have more information on our 

evaluation. 

C. EPA Recommendations To Further 

Improve the Rules 

The TSDs describe additional rule 

revisions that we recommend for the 

next time the local agencies modify the 

rules. 

D. Public Comment and Proposed 

Action 

As authorized in section 110(k)(3) of 

the Act, the EPA proposes to fully 

approve the submitted rules because 

they fulfill all relevant requirements. 

We will accept comments from the 

public on this proposal until October 

12, 2017. If we take final action to 

approve the submitted rules, our final 

action will incorporate these rules into 

the federally enforceable SIP. 

III. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the PCAPCD and VCAPCD rules 

described in Table 1 of this preamble. 

The EPA has made, and will continue 

to make, these materials available 

through www.regulations.gov and at the 

EPA Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this proposed action 

merely proposes to approve 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 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 Clean Air Act; 

and 

• does not provide the EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved to 

apply on any Indian reservation land or 

in any other area where the EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements. 

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

Dated: August 30, 2017. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2017–19213 Filed 9–11–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0656; FRL–9967–55– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Reasonably Available 

Control Technology (RACT) State 

Implementation Plan (SIP) Under the 

2008 Ozone National Ambient Air 

Quality Standard (NAAQS) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the State of Delaware. This 

revision pertains to reasonably available 

control technology (RACT) requirements 

under the 2008 8-hour ozone national 

ambient air quality standard (NAAQS). 

Delaware’s submittal for RACT for the 

2008 ozone NAAQS includes (1) 

certification that, for certain categories 

of sources, RACT controls approved by 

EPA into Delaware’s SIP for previous 

ozone NAAQS are based on currently 

available technically and economically 

feasible controls and continue to 

represent RACT for 2008 8-hour ozone 

NAAQS implementation purposes; (2) 

the adoption of new or more stringent 

regulations or controls that represent 

RACT control levels for certain other 

categories of sources; and (3) a negative 

declaration that certain categories of 

sources do not exist in Delaware. This 

action is being taken under the Clean 

Air Act (CAA). 

DATES: Written comments must be 

received on or before October 12, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2015–0656 at http://

www.regulations.gov, or via email to 

stahl.cynthia@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 


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1See December 9, 1976 memorandum from Roger 

Strelow, Assistant Administrator for Air and Waste 

Management, to Regional Administrators, 

‘‘Guidance for Determining Acceptability of SIP 

Regulations in Non-Attainment Areas.’’ see also 44 

FR 53761, 53762 (September 17, 1979). 

2Only a portion of the Commonwealth of Virginia 

is included in the OTR. 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Leslie Jones Doherty, (215) 814–3409, or 

by email at jones.leslie@epa.gov. 

SUPPLEMENTARY INFORMATION: On May 4, 

2015, the Delaware Department of 

Natural Resources and Environmental 

Control (DNREC) submitted a revision to 

its SIP that addresses the requirements 

of RACT under the 2008 8-hour ozone 

NAAQS. 

I. Background 

A. General 

Ozone is formed in the atmosphere by 

photochemical reactions between 

volatile organic compounds (VOC) and 

oxides of nitrogen (NOX) in the presence 

of sunlight. In order to reduce these 

ozone concentrations, the CAA requires 

control of VOC and NOX emission 

sources to achieve emission reductions 

in moderate or more serious 

nonattainment areas. Among effective 

control measures, RACT controls 

significantly reduce VOC and NOX

emissions from major stationary 

sources. 

RACT is defined as the lowest 

emission limitation that a particular 

source is capable of meeting by the 

application of control technology that is 

reasonably available considering 

technological and economic feasibility.1

Section 172(c)(1) of the CAA provides 

that SIPs for nonattainment areas must 

include reasonably available control 

measures (RACM) for attainment of the 

NAAQS, including emissions 

reductions from existing sources 

through adoption of RACT. A major 

source in a nonattainment area is 

defined as any stationary source that 

emits or has the potential to emit NOX

or VOC emissions above a certain 

applicability threshold that is based on 

the ozone nonattainment classification 

of the area: Marginal, Moderate, Serious, 

or Severe. See ‘‘major stationary source’’ 

in CAA sections 182(b), 184(b) and 302. 

Sections 182(b)(2) and 182(f)(1) of the 

CAA require states with moderate (or 

worse) ozone nonattainment areas to 

implement RACT controls on all 

stationary sources and source categories 

covered by a control technique 

guideline (CTG) document issued by 

EPA and on all major sources of VOC 

and NOX emissions located in the area. 

EPA’s CTGs establish presumptive 

RACT control requirements for various 

VOC source categories. The CTGs 

typically identify a particular control 

level that EPA recommends as being 

RACT. In some cases, EPA has issued 

Alternative Control Techniques 

guidelines (ACTs) primarily for NOX

source categories, which in contrast to 

the CTGs, only present a range for 

possible control options but do not 

identify any particular option as the 

presumptive norm for what is RACT. 

Section 183(c) of the CAA requires EPA 

to revise and update CTGs and ACTs as 

the Administrator determines necessary. 

EPA issued eleven new CTGs from 2006 

through 2008 for a total of 44 CTGs 

issued since November 1990. States are 

required to implement RACT for the 

source categories covered by CTGs 

through the SIP. 

Pursuant to section 184(b) of the CAA, 

the same requirements for sources of 

NOX and VOC apply to any areas in an 

ozone transport region (OTR). A single 

OTR has been established under section 

184(a), comprising all or part of 12 

eastern states and the District of 

Columbia.2 The entire State of Delaware 

is part of the OTR and, therefore, must 

comply with the RACT requirements in 

section 184(b)(1)(B) and (2) of the CAA. 

Specifically, section 184(b)(1)(B) 

requires the implementation of RACT in 

OTR states with respect to all sources of 

VOC covered by a CTG. Additionally, 

section 184(b)(2) states that any 

stationary source with the potential to 

emit 50 tpy of VOC emission shall be 

considered a major source and requires 

the implementation of major stationary 

source requirements in the OTR states 

as if the area were a moderate 

nonattainment area. A major source in 

a nonattainment area is defined as any 

stationary source that emits or has the 

potential to emit NOX or VOC emissions 

above a certain applicability threshold 

that is based on the ozone 

nonattainment classification of the area: 

Marginal, Moderate, Serious, or Severe. 

See ‘‘major stationary source’’ in CAA 

sections 182(b) and 184(b). 

B. Delaware History 

Delaware has been subject to the CAA 

RACT requirements as a result of 

previous ozone designations. Under the 

1-hour ozone NAAQS, Kent and New 

Castle Counties in Delaware were 

designated part of the PhiladelphiaWilmington-Trenton, PA-NJ-DE-MD 

severe ozone nonattainment area, and 

Sussex County was designated as a 

marginal ozone nonattainment area. 

Since the entire State of Delaware has 

been part of the OTR, RACT was 

implemented in Sussex County as a 

moderate nonattainment area. 

Therefore, all three counties were 

subject to RACT requirements under the 

1-hour ozone standard. Since the early 

1990’s, Delaware implemented 

numerous RACT controls throughout 

the State to meet the CAA RACT 

requirements under the 1-hour and the 

1997 8-hour ozone standards. 

Under the 1997 8-hour ozone 

NAAQS, the entire State of Delaware 

(Kent, New Castle and Sussex Counties) 

was designated as a part of the 

Philadelphia-Wilmington-Atlantic City 

moderate nonattainment area, and 

therefore continued to be subject to the 

CAA RACT requirements. See 69 FR 

23858, 23931 (April 30, 2004). Delaware 

revised and promulgated its RACT 

regulations and demonstrated that it 

complied with the CAA RACT 

requirements in a SIP revision approved 

by EPA on July 23, 2008 (73 FR 42681). 

Under CAA section 109(d), EPA is 

required to periodically review and 

promulgate, as necessary, the ozone 

NAAQS to continue to protect human 

health and the environment. On March 

27, 2008, EPA revised the 1997 8-hour 

ozone standard to a new 0.075 ppm 

level (73 FR 16436). On May 21, 2012, 

EPA finalized designations for the 2008 

8-hour ozone NAAQS (77 FR 30087). 

Under the 2008 8-hour ozone standard, 

New Castle County of Delaware was 

designated as a part of the PhiladelphiaWilmington-Atlantic City, PA-NJ-MDDE marginal nonattainment area, and 

Sussex County of Delaware was 

designated as a stand-alone marginal 

nonattainment area (77 FR 30088). 

However, due to its location in the OTR, 

the entire State of Delaware is required 

to address the CAA RACT requirements 

for a moderate nonattainment area by 

submitting to EPA a SIP revision that 

demonstrates how Delaware meets 

RACT requirements under the standard. 

Delaware is required to implement 

RACT for the 2008 ozone NAAQS on all 

VOC sources covered by a CTG issued 

by EPA, as well as all other major 

stationary sources located within the 

State boundaries with the potential to 


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3EPA notes that Delaware’s Regulation 1124 at 

subsection 1.4 contains a provision that was 

identified as containing inappropriate exemptions 

for startup and shutdown as well as containing 

inappropriate director’s discretion provisions in 

EPA’s rulemaking, ‘‘State Implementation Plans: 

Response to Petition for Rulemaking; Restatement 

and Update of EPA’s SSM Policy Applicable to 

SIPs; Findings of Substantial Inadequacy; and SIP 

Calls to Amend Provisions Applying to Excess 

Emissions During Periods of Startup, Shutdown and 

Malfunction,’’ (EPA’s SSM SIP Call). See 80 FR 

33839 (June 12, 2015). EPA provides analysis of the 

interplay and effects of the EPA’s SSM SIP Call and 

Regulation 1124, subsection 1.4 on this proposed 

rulemaking in Section III of this rulemaking action. 

emit 50 or 100 tons per year or more of 

VOC or NOX, respectively. Therefore, 

the RACT requirements under CAA 

sections 182 and 184 apply to CTG 

sources, including eleven new CTG that 

EPA issued between 2006 and 2008, and 

any other VOC or NOX sources. 

C. EPA Guidance and Requirements 

EPA has provided more substantive 

RACT requirements through final 

implementation rules for each ozone 

NAAQS as well as guidance. On March 

6, 2015, EPA issued its final rule for 

implementing the 2008 8-hour ozone 

NAAQS (the 2008 Ozone 

Implementation Rule). See 80 FR 12264. 

This rule addressed, among other 

things, control and planning obligations 

as they apply to nonattainment areas 

under the 2008 8-hour ozone NAAQS, 

including RACT and RACM. In this 

rule, EPA specifically required that 

states meet the RACT requirements 

either through a certification that 

previously adopted RACT controls in 

their SIP revisions approved by EPA 

under a prior ozone NAAQS continue to 

represent adequate RACT control levels 

for attainment of the 2008 8-hour ozone 

NAAQS, or through the adoption of new 

or more stringent regulations or controls 

that represent RACT control levels. A 

certification must be accompanied by 

appropriate supporting information 

such as consideration of information 

received during the public comment 

period and consideration of new data. 

Adoption of new RACT regulations will 

occur when states have new stationary 

sources not covered by existing RACT 

regulations, or when new data or 

technical information indicates that a 

previously adopted RACT measure does 

not represent a newly available RACT 

control level. Additionally, states are 

required to submit a negative 

declaration if there are no CTG major 

sources of VOC and NOX emissions 

within the nonattainment area in lieu of, 

or in addition to, a certification. 

II. Summary of SIP Revision 

On May 4, 2015 Delaware submitted 

a SIP revision to address all the 

requirements of RACT set forth by the 

CAA under the 2008 8-hour ozone 

NAAQS (the 2015 RACT Submission). 

Specifically, Delaware’s 2015 RACT 

Submission includes: (1) A certification 

that for certain categories of sources 

previously adopted NOX and VOC 

RACT controls in Delaware’s SIP that 

were approved by EPA under the 1979 

1-hour and 1997 8-hour ozone NAAQS 

are based on the currently available 

technically and economically feasible 

controls, and continue to represent 

RACT for implementation of the 2008 8- 

hour ozone NAAQS; (2) the adoption of 

new or more stringent regulations or 

controls that represent RACT control 

levels for certain categories of sources; 

and (3) a negative declaration that 

certain CTG or non-CTG major sources 

of VOC and NOX sources do not exist in 

Delaware. 

A. VOC RACT Controls 

Delaware Air Pollution Control 

Regulation No. 1124 (formerly 

Regulation 24) contains Delaware’s VOC 

RACT controls regulations for all VOC 

sources greater than 50 tpy that were 

implemented and approved into the 

Delaware SIP under the 1-hour and 1997 

8-hour ozone NAAQS.3 Delaware is 

certifying that these regulations, all 

previously approved by EPA into the 

SIP, continue to meet the RACT 

requirements for the 2008 8-hour ozone 

NAAQS for major stationary sources 

and CTG covered sources of VOCs. In 

addition, since EPA’s approval of 

Delaware’s 1997 8-hour ozone RACT 

SIP revision (73 FR 42681, July 23, 

2008), the following sections in 

Regulation 1124 have been updated to 

meet the requirements of EPA’s CTGs: 

Sections 11, 12, 13, 16, 19, 20, 22, 23, 

37 and 45. All these revisions have been 

previously approved into Delaware’s 

SIP and meet the requirements of EPA’s 

CTGs issued up to and including July 

20, 2014. Since EPA’s approval of 

Delaware’s 1997 8-hour ozone NAAQS 

RACT SIP revision, Delaware adopted 

and EPA approved for the Delaware SIP, 

three new provisions or regulations to 

meet RACT requirements. These are (1) 

Regulation 1124, Section 8, Handling, 

Storage, and Disposal of VOCs, (2) 

Regulation 1124, Section 46, Crude Oil 

Lightering Operations, and (3) 

Regulation 1141, section 4, Adhesives 

and Sealants. More detailed information 

on these provisions as well as a detailed 

summary of EPA’s review can be found 

in the Technical Support Document 

(TSD) for this action which is available 

on line at www.regulations.gov, Docket 

number EPA–R03–OAR–2015–0656. 

Delaware also submitted a negative 

declaration that the following VOC CTG 

source categories do not exist in 

Delaware: Manufacture of pneumatic 

rubber tires; wood furniture 

manufacturing operations; shipbuilding 

and ship repair operations (surface 

coating); and fiberglass boat 

manufacturing materials. 

Delaware’s 2015 RACT Submission 

also discusses Regulation 1141, Section 

1.0, Architectural and Industrial 

Maintenance Coatings and Regulation 

1141, Section 2.0, Consumer Products. 

These regulations, both previously 

approved by EPA into the Delaware SIP, 

establish VOC content limits in various 

coating materials and consumer 

products. Although these rules will 

assist Delaware in its efforts to attain the 

ozone standard, they are ‘‘beyond 

RACT’’ levels as they apply to nonmajor stationary sources. 

B. NOX RACT Controls 

Delaware’s 2015 RACT Submission 

asserts that Delaware Air Pollution 

Control Regulation No. 1112 (formerly 

Regulation 12) contains Delaware’s NOX

RACT controls that were implemented 

and approved into the Delaware SIP 

under the 1-hour and the 1997 8-hour 

ozone NAAQS. Regulation 1112 has 

been in effect since 1993 and was 

approved by EPA as RACT under the 

1997 8-hour ozone standard for major 

stationary sources of NOX. 66 FR 32231 

(June 14, 2001). In Regulation 1112, 

Delaware’s NOX RACT controls are 

specified by source groups such as fuel 

burning equipment based on heat input 

capacity, gas turbines and stationary 

internal combustion engines. In the 

2015 RACT Submission, Delaware is 

certifying that Regulation 1112 

continues to represent the lowest 

emission limits based on currently 

available and economically feasible 

control technology for the source 

categories and, therefore, meets the 

RACT requirements for the 2008 8-hour 

ozone NAAQS for major stationary 

source NOX controls as required by CAA 

sections 182(b)(2), 182(f), and 184(b)(2). 

The details of Regulation 1112 are 

contained in the TSD prepared for this 

rulemaking. 

Delaware’s Regulation 1112 provides 

presumptive NOX limits for major 

stationary sources of NOX but also 

provides for a case-by-case RACT 

determination process. For case-by-case 

determinations under Regulation 1112, 

three (3) stationary sources which 

previously received NOX RACT 

determinations in Delaware’s SIP have 

been shutdown and Delaware has 

requested EPA remove these RACT 

determinations from the SIP. These 

shutdown sources are (1) General 

Chemical Corporation facility’s sulfuric 


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4Limits are federally enforceable via a consent 

decree between EPA, Delaware and Delaware City 

Refinery Company. See United States of America, 

et al., v. Motiva Enterprises LLC, No. H–01–0978. 

5EPA notes that Delaware’s Regulation 1142 at 

subsection 2.3.1.6 contains a provision that was 

identified as containing inappropriate exemptions 

for startup and shutdown as well as containing an 

inappropriate director’s discretion provision in 

EPA’s SSM SIP call. 80 FR 33839. EPA provides 

analysis of the interplay and effect of EPA’s SSM 

SIP Call and Regulation 1142, subsection 2.3.1.6 on 

this proposed rulemaking in Section III of this 

rulemaking action. 

6As noted above, two of Delaware’s regulations 

which Delaware relies upon as RACT for the 2008 

ozone NAAQS were involved in EPA’s SSM SIP 

Call, Delaware’s Regulation 1142 (subsection 1.4) 

and Regulation 1142 (subsection 2.3.1.6). These 

regulations contain provisions that were identified 

as containing inappropriate exemptions for startup 

and shutdown as well as containing inappropriate 

director’s discretion provisions in EPA’s SSM SIP 

call. 80 FR 33839. EPA’s analysis of the impact and 

effect of EPA’s SSM SIP Call and Regulations 1124 

(subsection 1.4) and 1142 (subsection 2.3.1.6) on 

this proposed rulemaking is provided in this 

Section III of this rulemaking action. 

acid and inter-stage absorption system, 

(2) General Chemical Corporation 

facility’s metallic nitrite process, and (3) 

SPI Polyols, Incorporated facility’s 

Polyhydrate Alcohol Catalyst 

Regenerative process. Delaware requests 

that these three NOX RACT 

determinations be removed from 

Delaware’s SIP as the sources of NOX

are permanently closed. The remaining 

case by case RACT determination for 

CitiSteel USA, Incorporated, Electric 

Arc Furnace (EAF) rated at 150 tons per 

charge was approved by EPA as RACT 

for the 1997 ozone NAAQS (73 FR 

42681), and Delaware states that the 

case-by-case NOX RACT determination 

continues to represent RACT level 

control for this source. Pursuant to 

Delaware’s case by case authority in 

Regulation 1112, Delaware also 

proposes new limits as RACT for two 

units at the Delaware City Refinery, 

including the fluid-coking unit (FCU) 

and the fluid-catalytic-cracking unit 

(FCCU).4

In addition, in the 2015 RACT 

Submission, Delaware states it has 

implemented specific NOX controls in 

other regulations to tighten 

requirements for relevant subgroups 

contained in Regulation 1112. Delaware 

asserts Regulations 1142, 1144, 1146, 

and 1148 contain additional NOX

controls that have been implemented 

and previously approved into the 

Delaware SIP.5 Delaware states that 

these regulations in conjunction with 

the requirements from Regulation 1112 

meet the RACT requirements for the 

2008 8-hour ozone NAAQS for these 

source categories. These source 

categories are industrial boilers, 

industrial boilers and heat processors at 

petroleum refineries, stationary 

generators, electric generating units 

(EGU), and combustion turbines. 

Regulations 1112, 1142, 1144, 1146 and 

1148 all establish applicability, 

exemptions, definitions, and emission 

standards as well as requirements for 

compliance, monitoring, recordkeeping 

and reporting for their respective 

sources. Further details of Delaware’s 

NOX RACT determination in the 2015 

RACT Submission for the 2008 8-hour 

ozone NAAQS can be found in the TSD 

prepared for this rulemaking. Delaware 

also submitted a negative declaration for 

cement kilns as a major source category 

of NOX emissions that does not exist in 

Delaware. 

III. EPA’s Evaluation of Delaware’s SIP 

Revision 

A. RACT 

EPA has reviewed Delaware’s 2015 

RACT Submission and finds Delaware’s 

certification of the RACT regulations for 

major sources of VOC and NOX

previously approved by EPA for the 1- 

hour and 1997 8-hour ozone NAAQS 

continue to represent RACT control 

level for the source categories.6 EPA 

also finds that Delaware’s SIP 

implements RACT with respect to all 

sources of VOCs covered by a CTG 

issued prior to July 20, 2014 and all 

major stationary sources of VOC and 

NOX covered by Delaware’s regulations 

and case-by-case RACT. EPA accepts 

Delaware’s negative declarations for 

VOC sources as there are no applicable 

sources of cement kilns in the State. 

EPA finds that Delaware’s major 

stationary source VOC and NOX

regulations represent the lowest 

emission limits based on currently 

available and economically feasible 

control technology for these source 

categories. EPA’s review of this material 

indicates that Delaware’s 2015 RACT 

Submission meets the RACT 

requirements for the 2008 8-hour ozone 

NAAQS for applicable CTG source 

categories and major stationary sources 

of VOC and NOX to address sections 

182(b), 182(f) and 184(b)(2) of the CAA. 

With respect to the previous case by 

case RACT determinations submitted by 

Delaware and approved by EPA for the 

Delaware SIP, the CAA section 110(l) 

states ‘‘The Administrator shall not 

approve a revision of a plan if the 

revision would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress (RFP) or any applicable 

requirement of the CAA.’’ EPA finds 

that the removal of the emission limits 

for (1) the Polyhydrate Alcohol Catalyst 

Regenerative process SPI Polyols, 

Incorporated, (2) the sulfuric acid 

process and inter-stage absorption 

system at General Chemical Corporation 

and (3) the metallic nitrite process at 

General Chemical Corporation from the 

Delaware SIP will not interfere with 

attainment of any NAAQS or with RFP 

or any applicable requirement of the 

CAA because these sources have 

permanently shutdown and thus 

emissions have been completely 

eliminated. EPA finds the NOX RACT 

determination for CitiSteel USA, 

Incorporated, Electric Arc Furnace 

(EAF) continues to represent the lowest 

emission limitation that is reasonably 

available considering technological and 

economic feasibility for this source. 

With respect to the FCU and FCCU at 

the Delaware City Refinery Company, 

EPA finds that the emission limits, 

compliance requirements and 

recordkeeping and reporting 

requirements established by Delaware 

represent RACT level of control for 

these units. Further details of EPA’s 

review and rationale for proposing to 

approve these SIP revisions can be 

found in the TSD prepared for this 

rulemaking. 

B. RACT and the EPA Startup, 

Shutdown, and Maintenance (SSM) SIP 

Call 

In the 2015 RACT Submission, 

Delaware is certifying that Regulation 

1124, Control of Volatile Organic 

Compound Emissions, and Regulation 

1142, Control of Nitrogen Oxide 

Emissions from Industrial Boilers and 

Process Heaters at Petroleum Refineries, 

contain RACT levels of control for 

meeting the 2008 8-hour ozone NAAQS 

requirements for certain major sources 

of NOX and VOC. On May 22, 2015, the 

EPA Administrator signed a final action, 

EPA’s SSM SIP Call (formally, the 

‘‘State Implementation Plans: Response 

to Petition for Rulemaking; Restatement 

and Update of EPA’s SSM Policy 

Applicable to SIPs; Findings of 

Substantial Inadequacy; and SIP Calls to 

Amend Provisions Applying to Excess 

Emissions During Periods of Startup, 

Shutdown and Malfunction’’). 80 FR 

33839. With regard to the Delaware SIP, 

seven Delaware regulations including 

Regulation 1124, Control of Volatile 

Organic Compound Emissions, section 

1.4; and Regulation 1142, Control of 

Nitrogen Oxide Emissions from 

Industrial Boilers and Process Heaters at 

Petroleum Refineries, section 2.3.1.6 

were cited as giving the State discretion 

to create exemptions allowing excess 

emissions during startup and shutdown 

and were thus inconsistent with EPA 

policy as expressed in the EPA’s SSM 

SIP Call and the requirements of the 


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7This alternative basis for proposed approval 

assumes that EPA has changed its SSM Guidance 

and withdrawn the SSM SIP Call as to Delaware 

Regulations 1124 and 1142. However, neither of 

those actions are being effectuated here. Therefore, 

EPA does not consider those issues open for public 

comment as part of this rulemaking action. Any 

comments filed on this rulemaking that relate to the 

possibility of EPA changing the SSM Guidance 

generally or a possible withdrawal of EPA’s SSM 

SIP Call as to Delaware Regulations 1124 and 1142 

will be considered outside the scope of this 

rulemaking, which is limited to EPA’s proposed 

action on Delaware’s 2015 RACT Submission. 

8However, EPA notes that we cannot prejudge a 

final approval on the SSM SIP Call submission. If 

EPA were to change direction based on comments 

received on proposed rulemaking to approve that 

SIP submission, we would not be able to approve 

the SSM SIP Call submission, and therefore we 

would not be able to give final approval to the 2015 

RACT Submission. 

CAA. Delaware’s 2015 RACT 

Submission was sent to EPA on May 4, 

2015, prior to promulgation of EPA’s 

SSM SIP Call. 

In 2016, Delaware revised Regulations 

1124 and 1142, with a State effective 

date of January 11, 2017, to remove the 

provisions identified by EPA in EPA’s 

SSM SIP Call as being substantially 

inadequate and inconsistent with the 

CAA. Subsequently, on November 21, 

2016, Delaware submitted a SIP revision 

to address EPA’s SSM SIP Call for six 

of the seven Delaware regulations 

mentioned in the SSM SIP Call, 

including the portions affecting 

Regulation 1124 (subsection 1.4) and 

Regulation 1142 (subsection 2.3.1.6). 

Delaware’s November 21, 2016 SSM SIP 

revision will be dealt with in a separate 

rulemaking action. 

Challenges to EPA’s SSM SIP Call are 

now pending before the United States 

Court of Appeals for the District of 

Columbia Circuit (D.C. Circuit), in 

consolidated Case No. 15–1239 

captioned Environmental Committee of 

the Florida Electric Power Coordinating 

Group, Inc. v. EPA (consolidated). 

Within the context of that litigation, the 

EPA has informed the D.C. Circuit that 

‘‘EPA intends to closely review the SSM 

Action, and the prior positions taken by 

the Agency with respect to the SSM 

Action may not necessarily reflect its 

ultimate conclusions after that review is 

complete.’’ Case No. 15–1239, 

Document #1671681 (available in the 

docket for this rulemaking action). In a 

July 24, 2017 Status Report, EPA again 

told the D.C. Circuit that it ‘‘is 

continuing to review the SSM Action to 

determine whether the Agency will 

reconsider all or part of the SSM Action, 

and/or grant the State of Texas’ 

administrative petition for 

reconsideration in whole or in part.’’ 

Because our review of the Delaware 

2015 RACT Submission necessarily 

includes our review of two regulations, 

Regulation 1124 and 1142, which are 

directly impacted by the SSM SIP Call, 

EPA would therefore necessarily have to 

apply the substance of the SSM SIP Call 

which (1) is currently the subject of 

litigation in the D.C. Circuit and (2) is 

under review by the EPA with the result 

of that review uncertain either in terms 

of the substance or the date it will 

conclude. EPA is still actively reviewing 

the SSM SIP Call. Therefore, EPA is 

proposing to approve the 2015 RACT 

Submission under two alternative bases. 

EPA plans to take final action on the 

2015 RACT Submission adopting the 

basis that is consistent with the 

Agency’s final position on the SSM SIP 

Call along with appropriate 

consideration of public comments 

received. 

One alternative basis for EPA’s 

proposed approval of Delaware’s 2015 

RACT Submission assumes that EPA 

will change its position and related SSM 

Guidance outlined in the SSM SIP Call 

in such a way that EPA would withdraw 

the SSM SIP Call as to Delaware 

Regulations 1124 and 1142.7 Based on 

this assumed EPA withdrawal of 

Delaware’s portion of the EPA’s SSM 

SIP Call, EPA proposes to find that 

Delaware’s 2015 RACT Submission, 

including Delaware’s Regulations 1124 

and 1142 as presently included in the 

Delaware SIP, is fully consistent with 

Clean Air Act requirements. 

Under the other alternative rationale, 

EPA assumes that EPA’s position (and 

related guidance) outlined in the SSM 

SIP Call will not change in such a way 

that EPA would withdraw the SSM SIP 

Call as to Delaware Regulations 1124 

and 1142. Accordingly, EPA is 

proposing to approve the 2015 RACT 

Submission as addressing RACT 

requirements for the 2008 ozone 

NAAQS because EPA intends to 

propose approval and take final 

rulemaking action approving the revised 

versions of Regulations 1124 and 1142 

as revised in Delaware’s response to the 

SSM SIP Call. This basis for proposed 

approval of the 2015 RACT Submission 

is based upon EPA approving 

Delaware’s revisions to Regulations 

1124 and 1142 prior to finalizing our 

action on the 2015 RACT Submission.8

By taking such final rulemaking action 

approving the versions of Regulations 

1124 and 1142 prior to EPA taking final 

rulemaking action on this 2015 RACT 

Submission, the regulations Delaware 

relies upon for NOX and VOC RACT 

would no longer include any provisions 

identified in EPA’s SSM SIP Call. 

EPA is taking public comment on our 

proposed alternatives discussed herein 

for approval for Delaware’s 2015 RACT 

Submission for the NOX and VOC RACT 

for 2008 ozone NAAQS. 

IV. Proposed Action 

EPA is proposing to approve 

Delaware’s 2015 RACT Submission on 

the basis that Delaware has met the 

RACT requirements under the 2008 8- 

hour ozone NAAQS per sections 182(b), 

182(f) and 184(b)(2) for the reasons 

explained in this notice, including our 

position relating to the SSM SIP Call 

and the related provisions within 

Regulations 1124 and 1142 presently in 

the Delaware SIP. EPA finds that 

Delaware’s 2015 RACT Submission 

demonstrates that the State has adopted 

air pollution control strategies that 

represent RACT for the purposes of 

compliance with the 2008 8-hour ozone 

standard for all major stationary sources 

of VOC and NOX. EPA finds that 

Delaware’s SIP implements RACT with 

respect to all sources of VOCs covered 

by a CTG issued prior to July 20, 2014 

as well as represents RACT for all CTG 

VOC and NOX major stationary sources 

of. EPA is proposing to approve source 

specific NOX RACT determinations for 

two (2) units at the Delaware City 

Refinery Company. EPA is proposing to 

remove, in accordance with section 110 

of the CAA, three (3) source specific 

NOX RACT determinations for prior 

ozone NAAQS from Delaware’s SIP as 

the three processes at both facilities 

have permanently shutdown—one 

determination for SPI Polyols, 

Incorporated and two determinations for 

General Chemical Corporation. 

Delaware’s SIP revision is based on a 

combination of (1) certification that for 

certain categories of sources previously 

adopted RACT controls in Delaware’s 

SIP that were approved by EPA under 

the 1-hour ozone NAAQS and 1997 8- 

hour ozone NAAQS are based on 

currently available technically and 

economically feasible controls, and that 

they continue to represent RACT for the 

2008 8-hour standard implementation 

purposes; (2) the adoption of new or 

more stringent regulations or controls 

into the Delaware SIP that represent 

RACT control levels for certain 

categories of sources; and (3) the 

negative declaration that certain CTG or 

other major sources of VOC and NOX

emissions do not exist within Delaware. 

EPA is soliciting public comments on 

the issues discussed in this document 

relevant to RACT requirements for 

Delaware for the 2008 ozone NAAQS. 

These comments will be considered 

before taking final action. 

V. Incorporation by Reference 

In this proposed rule, EPA is 

proposing to include in a final EPA rule 


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42772 Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Proposed Rules 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is proposing to incorporate by 

reference source-specific RACT 

determinations under the 2008 8-hour 

ozone NAAQS for certain major sources 

of NOX and VOC emissions. EPA has 

made, and will continue to make, these 

materials generally available through 

http://www.regulations.gov and/or at the 

EPA Region III Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

VI. 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 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 

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, 

Delaware’s 2008 8-hour ozone RACT 

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, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: August 30, 2017. 

John Armstead, 

Acting Regional Administrator, Region III. 

[FR Doc. 2017–19215 Filed 9–11–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2015–0856, FRL–9967–54– 

Region 10] 

Air Plan Approval; ID; 2012 PM2.5

Standard Infrastructure Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to find that 

the Idaho State Implementation Plan 

(SIP) meets the infrastructure 

requirements of the Clean Air Act (CAA) 

for the National Ambient Air Quality 

Standards (NAAQS) promulgated for the 

annual particulate matter (PM2.5) 

standard on December 14, 2012. 

Whenever a new or revised NAAQS is 

promulgated, the CAA requires states to 

submit a plan for the implementation, 

maintenance and enforcement of such 

NAAQS. The plan is required to address 

basic program elements, including but 

not limited to regulatory structure, 

monitoring, modeling, legal authority, 

and adequate resources necessary to 

assure attainment and maintenance of 

the standards. These elements are 

referred to as infrastructure 

requirements. On December 23, 2015, 

the State of Idaho submitted a 

certification to the EPA that the Idaho 

SIP meets the infrastructure 

requirements for the 2012 PM2.5

NAAQS. 

DATES: Comments must be received on 

or before October 12, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2015–0856, at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information the disclosure of which is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the Web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Jentgen, Air Planning Unit, 

Office of Air and Waste (OAW–150), 

Environmental Protection Agency, 

Region 10, 1200 Sixth Ave., Suite 900, 

Seattle, WA 98101; telephone number: 

206–553–0340, email address: 

jentgen.matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is 

intended to refer to the EPA. 

Information is organized as follows: 

Table of Contents 

I. Background 

II. CAA Sections 110(a)(1) and (2) 

Infrastructure Elements 

III. EPA Approach to Review of Infrastructure 

SIP Submittals 

IV. Analysis of the Idaho Submittal 

V. Proposed Action 

VI. Statutory and Executive Orders Review 

I. Background 

On July 18, 1997, the EPA 

promulgated a new 24-hour and a new 

annual NAAQS for PM2.5 (62 FR 38652). 

On October 17, 2006, the EPA revised 

the NAAQS for PM2.5, tightening the 24- 


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