[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Rules and Regulations]
[Pages 57849-57853]
[FR Doc No: 2017-26301]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0656; FRL-9971-58--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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 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; the adoption of new or more
stringent regulations or controls that represent RACT control levels
for certain other categories of sources; and a negative declaration
that certain categories of sources do not exist in Delaware. EPA is
approving these revisions to the Delaware SIP addressing 2008 8-hour
ozone RACT in accordance with the requirements of the Clean Air Act
(CAA).

DATES: This final rule is effective on January 8, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2015-0656. All documents in the docket are listed on
the https://www.regulations.gov Web site. 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: Leslie Jones Doherty,<PHONE_NUMBER>,
or by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On September 12, 2017 (82 FR 42767), EPA published a notice of
proposed rulemaking (NPR) for the State of Delaware. In the NPR, EPA
proposed approval of Delaware's SIP revision pertaining to the RACT
requirements under the 2008 8-hour ozone NAAQS. The formal SIP revision
was submitted by Delaware on May 4, 2015.

II. Summary of SIP Revision and EPA Analysis

A. RACT

    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 nitrogen oxide
(NOX) and volatile organic compound (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 control technique guidelines (CTGs) or non-CTG
major sources of VOC and NOX sources do not exist in
Delaware.
    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-level controls for
the source categories for the 2008 8-hour ozone NAAQS. 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 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 via Delaware's
regulations and case-by-case RACT. EPA accepts

Delaware's negative declarations 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. EPA's review 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 shut down 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 Fluid-Coking Unit (FCU) and Fluid Catalytic
Cracking Unit (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.
    Other specific requirements of Delaware's SIP submission addressing
2008 8-hour ozone RACT and the rationale for EPA's proposed action are
explained in the NPR and technical support document (TSD) and will not
be restated here.

B. RACT and the EPA Startup, Shutdown, and Malfunction (SSM) SIP Call

    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. As discussed in the
NPR, Delaware relies upon both Regulation 1124 and Regulation 1142 to
meet its RACT obligations for the 2008 ozone NAAQS. Therefore, our
review of the Delaware 2015 RACT Submission necessarily included our
review of Regulation 1124 and 1142, which were subject to EPA's SSM SIP
Call because at the time EPA found that the provisions gave the State
discretion to create exemptions allowing excess emissions during
startup and shutdown. In 2016, Delaware revised Regulations 1124 and
1142 in the State law to remove the provisions identified by EPA in
EPA's SSM SIP Call, and Delaware subsequently submitted, on November
21, 2016, a SIP revision to address EPA's SSM SIP Call for Regulation
1124 (subsection 1.4) and Regulation 1142 (subsection <IP_ADDRESS>). EPA has
not yet taken final action on that submittal; any action on Delaware's
November 21, 2016 SSM SIP revision would be done through a separate
rulemaking action.
    As stated in the NPR, the EPA is actively reviewing the SSM SIP
Call. Therefore, in the NPR, EPA proposed to approve the 2015 RACT
Submission under two alternative bases.
    EPA proposed to approve Delaware's 2015 RACT Submission on the
basis that either (1) a change in EPA's SSM policy and withdrawal of
the SSM SIP Call as to Delaware Regulations 1124 and 1142 would occur,
or (2) a separate final rulemaking action approving the revised
versions of Regulations 1124 and 1142 as revised in Delaware's response
to the SSM SIP Call would occur. Under either basis, EPA proposed to
find that Delaware's 2015 RACT Submission is fully consistent with CAA
requirements for RACT. EPA was clear that either alternative basis for
approval of the Delaware RACT assumed a separate Agency action. EPA did
not propose to effectuate either action in this rulemaking. Therefore,
EPA did 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, a
possible withdrawal of EPA's SSM SIP Call as to Delaware Regulations
1124 and 1142, or a possible action by EPA on Delaware's SIP submittal
in response to the SSM SIP call are outside the scope of this
rulemaking, which is limited to EPA's action on Delaware's 2015 RACT
Submission.
    In the proposal, EPA made clear that under either alternative
scenario regarding the SSM SIP Call, EPA would deem approval of
Delaware's RACT SIP appropriate. Therefore, although EPA has not yet
taken separate action related to the SSM SIP Call (to either withdraw
the SIP Call as to Regulations 1124 and 1142 or to act on Delaware's
SSM SIP submittal), we are approving today Delaware's 2015 RACT
Submission because it meets RACT requirements under the CAA for the
2008 8-hour ozone NAAQS for the reasons discussed herein and as
proposed in the NPR and in the TSD for this rulemaking.\1\ We do not
believe the SSM SIP Call prevents our final approval of the 2015 RACT
Submission as it otherwise meets all CAA RACT requirements. First, as
discussed in the NPR, because EPA is reviewing the SSM SIP Call, if EPA
later withdraws portions that apply to Delaware's regulations, the
regulations Delaware relies upon for RACT in Regulations 1124 and 1142
fully meet CAA requirements including requirements for emission
limitations as well as RACT in sections 110, 172, 182 and 184 of the
CAA. Alternatively, if EPA concludes its review and implements the SSM
SIP Call, Delaware has already submitted a SIP revision in November
2016 that comprises revised versions of Regulations 1124 and 1142 that
lack the director discretion provisions that EPA said in the SSM SIP
Call were inconsistent with the CAA. EPA is approving the 2015 RACT
Submission because, under the first scenario, if EPA withdraws its SSM
SIP Call with respect to Delaware, Delaware's regulations in the SIP
would be in compliance with CAA requirements, and, under the second
scenario, if EPA continues to implement the SSM SIP Call, Delaware has
either already submitted a revision complying with CAA requirements or,
to the extent EPA determines that the already submitted revision is
inadequate, Delaware will be required to submit a new or supplemental
revision to address any deficiencies.
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    \1\ The TSD is available in the docket for this rulemaking and
online at www.regulations.gov.
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III. Public Comments and EPA's Responses

    EPA received adverse public comments on the NPR. EPA has summarized
the comments and provides responses to the adverse comments below. All
other comments received

were not specific to this action and thus are not addressed here.
    Comment: One comment received from the SSM Coalition states that
the CAA does not require nor authorize the EPA to declare SIPs to be
inadequate due to provisions exempting or providing alternative
requirements during periods of startup, shutdown or malfunction. The
commenter notes that the EPA's SSM SIP Call rule states that the ``SSM
SIP Policy'' is not binding on EPA and thus constitutes guidance. As
guidance, this SSM Policy as of 2015 does not bind the states, the EPA
nor other parties, but it does reflect the EPA's interpretation of CAA
statutory requirements. The commenter refers to comments it previously
filed on EPA's SSM SIP Call rulemaking. The commenter states EPA is
free to approve the Delaware RACT provisions without first acting on
provisions identified in the SSM SIP Call as the commenter asserts the
state has the discretion to include SSM provisions in its SIP. The
commenter also stated EPA should revise its SSM SIP policy and withdraw
the SSM SIP Call as to Delaware before approving the 2015 RACT
Submission.
    Response: As EPA stated in the NPR, 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 are outside the scope of this
rulemaking, which is limited to EPA's action on Delaware's 2015 RACT
Submission. Any EPA action to either withdraw the SSM SIP Call as to
Delaware Regulations 1124 and 1142 or act on Delaware's SSM SIP
submittal will be a separate Agency action.
    Comment: Two commenters, the Environmental Integrity Project (EIP)
\2\ and an anonymous commenter, state that the Delaware provisions
identified in EPA's SSM SIP Call contain impermissible exemptions to
emission limitations under the CAA and, therefore, must be corrected
before EPA can approve the Delaware 2015 RACT Submission. Commenters
argue that approving the Delaware regulations as RACT with SSM
exemptions in them violates the CAA requirement that SIPs include
enforceable limitations which must apply at all times. Specifically,
CAA sections 110(a)(2)(A) and 302(k) require SIPs to include
enforceable emission limitations, which must apply on a continuous
basis. Contrary to these requirements, the provisions in Delaware
Regulations 1124 and 1142 give Delaware unbounded discretion to allow
exemptions from SIP limits and therefore would not be emissions
limitations that apply on a ``continuous'' basis. These provisions also
interfere with the applicable requirements of the CAA because they
allow Delaware to alter SIP limits through a process that is contrary
to CAA section 110(i). Section 110(i) provides that revisions to SIP
provisions take place through specified routes, including formal SIP
revision processes. The provisions in Delaware Regulations 1124 and
1142, however, allow the state to alter the SIP limits through a permit
process that does not fall into any of the allowed routes for SIP
revision under section110(i) and does not require EPA approval.
Similarly, the commenter states that the SSM exemptions in Regulations
1124 and 1142 are contrary to the CAA requirements for nonattainment
areas in that section 172(c)(6) of the CAA requires nonattainment SIP
provisions to include enforceable emission limitations to provide for
attainment of the NAAQS, and these limitations required for
nonattainment areas by CAA section 172 must also apply on a continuous
basis and be enforceable to also meet CAA section 110(a)(2)
requirements. The commenter asserted EPA made no claim that the
Delaware provisions which include SSM provisions constitute RACT.
Lastly, the commenter states that EPA's approval of the 2015 RACT
Submission would be otherwise arbitrary and capricious as the SSM
provisions in Delaware Regulations 1124 and 1142 would undermine
enforcement of emissions limitations by EPA or citizens as the Delaware
provisions identified in the SSM SIP Call would create alternative
limits which are not enforceable or would interfere with CAA
requirements for continuous emission limitations. The commenter asserts
that emission limitations or exemptions from limits established outside
the SIP revision process would interfere with attainment and
maintenance of the NAAQS and thus with air quality in Delaware. The
commenter asserts that if EPA approves the 2015 RACT Submission, EPA
must acknowledge its departure from the SSM SIP Call and SSM policy and
explain its position; otherwise, action approving the Delaware 2015
RACT Submission would be arbitrary and capricious. Finally, the
commenter stated EPA cannot approve the Delaware regulations as meeting
RACT while these regulations were found impermissible under the SSM SIP
Call on either the hope SSM policy is changed or on the assumption
Delaware's SSM November 2016 SIP revision is adequate. The commenter
supports this statement because portions of Delaware Regulations 1124
and 1142 were found ``substantially inadequate'' to meet CAA
requirements which would include RACT. The commenter says EPA assuming
Delaware's November 2016 SIP revision addressing SSM provisions is
adequate would preclude public participation and predetermines the
outcome of rulemaking on that SIP. The commenter said EPA must first
resolve SSM policy before approving the 2015 RACT Submission or address
SSM policy before acting and take action on the November 2016 SIP
revision addressing the SSM SIP Call.
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    \2\ EIP filed comments on behalf of EIP, Sierra Club, and the
Center for Biological Diversity.
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    Response: EPA notes that commenters' statements are repeating
arguments made in support of the SSM SIP Call. As stated previously,
such comments relating to the SSM SIP Call and its statutory and policy
basis in accordance with the CAA are outside the scope of this
rulemaking. EPA's action here is limited to EPA's action on Delaware's
2015 RACT Submission. EPA explained above how we are approving the 2015
RACT Submission with the provisions which were identified in the SSM
SIP Call as we find the Delaware regulations address RACT and CAA
requirements for emission limitations. Thus, we disagree with the
commenter that we cannot approve this 2015 RACT Submission without
first ``settling'' SSM policy issues. If EPA, after concluding its
reviewing of the SSM SIP Call, acts to withdraw the SSM SIP Call, then
no further action is needed for the versions of Regulation 1124 and
1142 in the Delaware SIP as the Delaware regulations fully address RACT
for 2008 ozone. If EPA after its review continues implementing the SSM
SIP Call, EPA will act in a separate rulemaking on Delaware's SIP
revision submittal which, if approved, would remove from the Delaware
SIP the provisions related to SSM in Regulations 1124 and 1142.
    Contrary to the commenter's assertion that EPA made ``no claim''
that Delaware's emission limits and control measures containing SSM
constitute RACT, EPA explained in detail in both the NPR and in the TSD
prepared in support of the rulemaking how Regulations 1124 and 1142
address RACT requirements for the 2008 ozone NAAQS.\3\ EPA's
explanation and analysis outlined how the Delaware regulations and
measures reflect the currently available technically and

economically feasible controls and the lowest achievable emission
limitations for major stationary sources required to have
NOX and VOC RACT. EPA also explained in detail in the NPR
and TSD how provisions in Regulation 1124 met requirements for CTGs to
be in the Delaware SIP as required by CAA sections 182 and 184.
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    \3\ The TSD is available in the docket for this rulemaking and
on line at www.regulations.gov.
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    Finally, as specifically stated in the NPR, EPA noted that we
cannot prejudge a final approval on Delaware's November 2016 SSM SIP
Call submission. EPA explained in the NPR we would take public comment
on any proposal to act on that November 2016 SIP and that if EPA would
change direction based on comments received on any such proposed
rulemaking to approve that SIP submission, we would not be able to
approve the SSM SIP Call submission.

III. Final Action

    EPA is approving the State of Delaware's May 4, 2015 SIP revision
submittal (the 2015 RACT Submission) which addresses the 2008 8-hour
ozone NAAQS RACT requirements as a revision to the Delaware SIP.

IV. Incorporation by Reference

    In this rule, 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 source
specific RACT determinations under the 2008 8-hour ozone NAAQS for
certain major sources of NOX and VOC emissions in the State
of Delaware as described in the amendments to 40 CFR part 52 set forth
below. 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). 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 by the Director of the
Federal Register in the next update to the SIP compilation.\4\
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    \4\ 62 FR 27968 (May 22, 1997).
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V. 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);
     is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     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 (Public Law 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 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 February 6, 2018. 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 approving the Delaware RACT requirements under the
2008 8-hour ozone NAAQS 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: November 22, 2017.
Cosmo Servidio,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart I--Delaware

0
2. Amend Sec.  52.420 by:
0
a. Revising the table in paragraph (d); and
0
 b. In the table in paragraph (e), adding an entry entitled
``Reasonably Available Control Technology under 2008 8-hour ozone
National Ambient Air Quality Standard'' at the end of the table.
    The revision and addition reads as follows:

Sec.  52.420   Identification of plan.

* * * * *
    (d) * * *

                               EPA-Approved Delaware Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                          State
         Name of source             Permit number    effective date   EPA approval date   Additional explanation
----------------------------------------------------------------------------------------------------------------
Getty Oil Co...................  75-A-4............        8/5/1975  3/7/1979, 44 FR     Sec.   52.420(c)(11).
                                                                      12423.
Phoenix Steel Co.--Electric Arc  77-A-8............       12/2/1977  7/30/1979, 44 FR    Sec.   52.420(c)(12).
 Furnaces Charging & Tapping #2.                                      25223.
Delmarva Power & Light--Indian   89-A-7/APC 89/197.       2/15/1989  1/22/1990, 55 FR    Sec.   52.420(c)(38).
 River.                                                               2067.
Citisteel......................  Secretary's Order        7/11/2000  6/14/2001, 66 FR    Electric Arc Furnace--
                                  No. 2000-A-0033.                    32231.              Approved NOX RACT
                                                                                Determination
Delaware City Refinery Company.  Secretary's Order        7/18/2014  12/8/2017, [Insert  (1) Fluid-coking unit
                                  No. 2014-A-0014.                    Federal Register    (FCU) (2) fluid-
                                                                      citation].          catalytic-cracking
                                                                                unit (FCCU)--Approved
                                                                                Nitrogen Oxide
                                                                                Reasonably Available
                                                                                Control Technology
                                                                                Determinations.
----------------------------------------------------------------------------------------------------------------

    (e) * * *

----------------------------------------------------------------------------------------------------------------
  Name of non-regulatory SIP       Applicable     State submittal    EPA approval
           revision              geographic area        date             date           Additional explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Reasonably Available Control    Statewide.......        5/4/2015   12/8/2017,        ...........................
 Technology under 2008 8-hour                                       [Insert Federal
 ozone National Ambient Air                                         Register
 Quality Standard.                                                  citation].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-26301 Filed 12-7-17; 8:45 am]
 BILLING CODE 6560-50-P


MEMORANDUM

DATE:		April 1, 2015

TO:		Clean Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602

FROM:	Ray Saracino, EPA Region 9

SUBJECT:	April 1, 2015 Telephone Conversation with ARB Regarding Proposed Clean Power Plan for Existing Power Plants  --------------------------------------------------------------------------------

SUMMARY

      A telephone conversation was held between EPA and the California Air Resources Board (ARB) on April 1, 2015 to discuss the proposed Clean Power Plan's description of affected electric generating units. The Clean Power Plan for Existing Power Plants was proposed on June 2, 2014 and published in the Federal Register on June 18, 2014.        ATTENDEES Chris Gallenstein, ARB Ray Saracino, EPA