75524 Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Proposed Rules 

Exclusions from Increment 

Consumption; Rule 5.6, Applicability; 

and Rule 5.7, Public Participation, all of 

which are State effective on February 

22, 2024. EPA has made, and will 

continue to make, these materials 

generally available through 

www.regulations.gov and at the EPA 

Region 4 office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

VI. Proposed Action 

EPA is proposing to approve changes 

to 11 MAC Part 2, Chapter 2, Rule 

2.5B(1) and B(2), Application Review; 11 

MAC, Part 2, Chapter 5, Rule 5.1, 

Purpose of this regulation; Rule 5.2, 

Adoption of Federal Rules by Reference; 

Rule 5.3, Definition of term 

‘‘Administrator’’; Rule 5.4, Adoption of 

Federal Rules for Exclusions from 

Increment Consumption; Rule 5.6 

Applicability; and Rule 5.7, Public 

Participation. In addition, EPA is 

proposing to convert the conditional 

approval of the portions of the 2015 8- 

hour ozone NAAQS iSIP that address 

the PSD related requirements of CAA 

sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) 

(prong 3), and 110(a)(2)(J), and the 

modeling requirements of 110(a)(2)(K) 

to a full approval. 

VII. 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. 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve State choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely 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 14094 (88 FR 

21879, April 11, 2023); 

• 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 subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a State program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• 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. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian Tribe has demonstrated that a 

Tribe has jurisdiction. In those areas of 

Indian country, the proposed 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). 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

MDEQ did not evaluate EJ 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this proposed 

action. Due to the nature of the action 

being proposed here, this proposed 

action is expected to have a neutral to 

positive impact on the air quality of the 

affected area. Consideration of EJ is not 

required as part of this proposed action, 

and there is no information in the 

record inconsistent with the stated goal 

of E.O. 12898 of achieving EJ for 

communities with EJ concerns. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

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

Dated: September 11, 2024. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2024–21007 Filed 9–13–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2023–0301; FRL–10191– 

03–R3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Regional Haze State 

Implementation Plan for the Second 

Implementation Period; Extension of 

Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: The Environmental Protection 

Agency (EPA) is extending the comment 

period for a proposed rule that 

published August 19, 2024. The current 

comment period for the proposed rule 

was scheduled to close on September 

18, 2024. The EPA is extending the 

comment period for the proposed action 

to September 23, 2024. 

DATES: The comment period for the 

proposed rule published on August 19, 

2024, at 89 FR 67018 is extended. 

Comments must be received on or 

before September 23, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2023–0301 at 

www.regulations.gov. Additional 

instructions to comment can be found in 

the notice of proposed rulemaking 

published August 19, 2024, at 89 FR 

67018. 

FOR FURTHER INFORMATION CONTACT: 

Adam Yarina, U.S. Environmental 

Protection Agency, Air & Radiation 

Division, U.S. Environmental Protection 

Agency, Region III, Four Penn Center, 


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Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Proposed Rules 75525 

1600 John F Kennedy Boulevard, 

Philadelphia, Pennsylvania 19103. The 

telephone number is (215) 814–2108. 

Mr. Yarina can also be reached via 

electronic mail at yarina.adam@epa.gov. 

SUPPLEMENTARY INFORMATION: On August 

19, 2024, the EPA published the 

proposed rule ‘‘Approval and 

Promulgation of Air Quality 

Implementation Plans; Delaware; 

Regional Haze State Implementation 

Plan for the Second Implementation 

Period’’ in the Federal Register (89 FR 

67018). This action extends the 

comment period to give stakeholders 

additional time to review materials and 

prepare comments; therefore, EPA is 

extending the comment period to be 

received by September 23, 2024. 

Adam Ortiz, 

Regional Administrator, Region III. 

[FR Doc. 2024–20837 Filed 9–13–24; 8:45 am] 

BILLING CODE 6560–50–P 


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