[Federal Register: July 3, 2007 (Volume 72, Number 127)]
[Proposed Rules]
[Page 36402-36403]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jy07-20]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2007-0451; FRL-8333-5]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Control of VOC Emissions from Crude Oil Lightering Operations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the State of Delaware. This SIP revision pertains
to the control of volatile organic compound (VOC) emissions from crude
oil lightering operations. This action is being taken under the Clean
Air Act (CAA).
DATES: Written comments must be received on or before August 2, 2007.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-0451 by one of the following methods:
A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: cripps.christopher@epa.gov.
C. Mail: EPA-R03-OAR-2007-0451, Christopher Cripps, Acting Chief,
Air Quality Planning Branch, Mailcode 3AP21, 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-
2007-0451. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://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 http://www.regulations.gov or e-mail.
The http://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 e-
mail comment directly to EPA without going through http://www.regulations.gov,
your e-mail 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
http://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 http://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 &
Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware
19901.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On May 2, 2007, the Delaware Department of Natural Resources and
Environmental Control (DNREC) submitted a revision to its SIP for
Regulation No. 1124, Section 46--Control of VOC Emissions from Crude
Oil Lightering Operations. Lightering is the transfer at anchorage for
some of the
[[Page 36403]]
contents of a larger oil tanker to a smaller service vessel in order to
allow the larger ship to navigate in shallower waters along the
Delaware Bay. The VOC emissions released during crude oil lightering
are a major source of VOC released in Delaware.
II. Summary of SIP Revision
Delaware's Regulation No. 1124, Section 46, applies to the owner or
operator of a lightering service that carries out crude oil lightering
operations in the waters of Delaware which includes the Counties of New
Castle, Kent and Sussex. This regulation includes standards when
carrying out a lightering operation by vapor balancing. Vapor balancing
is the collection and transfer of vapors displaced by the incoming
crude oil from the cargo tank of a service vessel into a cargo tank of
the ship to be lightered. A compliance schedule is also included in the
regulation that includes compliance standards; maximum allowable
uncontrolled lightering volume; calculation of the total of
uncontrolled lightering for any given lightering operation; VOC
emission reductions achieved by the lightering services to below the
maximum allowable uncontrolled lightering volume; annual audits of
lightering service records to identify the frequency and duration of
VOC ventings from the ships to be lightered; and ozone action day
limitations. In addition, a compliance plan will be developed and
implemented that describes how initial and ongoing compliance will be
demonstrated. Another requirement of the regulation is that owner or
operator of an existing lightering service is to keep records specified
in the regulation for at least five years in a readily accessible
location, which is the service vessel. The regulation also includes
reporting requirements.
Implementation of the provisions of this regulation will result in
the reduction of VOCs released during crude oil lightering operations.
The regulation requires the increased use of vapor balancing equipment
over a reasonable time period that the industry has indicated to allow
the changes to be made to the vessels or acquire newer vessels. The
first regulatory deadline will be an 80 percent limit to uncontrolled
lightering out of all crude oil lightering volumes by May 1, 2008. This
level will reduce to 61 percent by May 1, 2010, and again be reduced to
43 percent by May 1, 2012.
III. Proposed Action
EPA is proposing to approve the Delaware SIP revision for
Regulation No. 1124, Section 46-Control of VOC Emissions from Crude Oil
Lightering Operations submitted on May 2, 2007. This regulation will
reduce VOC emissions released during crude oil lightering operations in
the State of Delaware. These reductions will aide in attaining and
maintaining the Federal health-based air quality standard for the 8-
hour ozone. EPA is soliciting public comments on the issues discussed
in this document. These comments will be considered before taking final
action.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)).
This action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act ( 5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it 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). This proposed rule also does not have a
substantial direct effect on one or more Indian tribes, on the
relationship between Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely proposes to approve a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it approves a state rule implementing a
Federal standard.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3
of Executive Order 12988 (61 FR 4729, February 7 1996), in issuing this
proposed rule, EPA has taken the necessary steps to eliminate drafting
errors and ambiguity, minimize potential litigation, and provide a
clear legal standard for affected conduct. EPA has complied with
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the
takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This proposed rule, pertaining to Delaware's control of VOC emissions
from crude oil lightering operations, does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Ozone, Reporting
and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 22, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 07-3227 Filed 7-2-07; 8:45 am]
BILLING CODE 6560-50-M