[Federal Register Volume 89, Number 204 (Tuesday, October 22, 2024)]
[Rules and Regulations]
[Pages 84288-84291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24196]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2023-0301; FRL-10191-02-R3]


Approval and Promulgation of Air Quality Implementation Plan; 
Delaware; Regional Haze State Implementation Plan for the Second 
Implementation Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
regional haze State implementation plan (SIP) revision submitted by 
Delaware on August 8, 2022, and supplemented on March 7, 2024, as 
satisfying applicable requirements under the Clean Air Act (CAA) and 
the EPA's Regional Haze Rule (RHR) for the program's second 
implementation period. Delaware's SIP submission addresses the 
requirement that States must periodically revise their long-term 
strategies for making reasonable progress towards the national goal of 
preventing any future, and remedying any existing, anthropogenic 
impairment of visibility, including regional haze, in mandatory Class I 
Federal areas. The SIP submission also addresses other applicable 
requirements for the second implementation period of the regional haze 
program.

DATES: This final rule is effective on November 21, 2024.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2023-0301. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information is not publicly available, e.g., confidential business 
information

[[Page 84289]]

(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 
www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Adam Yarina, Planning & Implementation 
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection 
Agency, Region 3, 1600 John F. Kennedy Boulevard, Philadelphia, 
Pennsylvania 19103-2852. The telephone number is (215) 814-2108. Mr. 
Yarina can also be reached via electronic mail at <a href="/cdn-cgi/l/email-protection#7f061e0d16111e511e1b1e123f1a0f1e51181009"><span class="__cf_email__" data-cfemail="631a02110a0d024d0207020e230613024d040c15">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    On August 8, 2022, the Delaware Department of Natural Resources and 
Environmental Control (DNREC) submitted a revision to its SIP to 
address regional haze for the second implementation period; with a 
supplement submitted on March 7, 2024 which included title V permit 
provisions for three facilities owned by Calpine Mid-Atlantic 
Generation, LLC to be incorporated into the Delaware SIP. EPA reviewed 
and evaluated the State's selection and modification of the applicable 
title V permits to incorporate the regional haze requirements of the 
second implementation period. DNREC updated Title V permits for Calpine 
Christiana Energy Center, Calpine Delaware City Energy Center, and 
Calpine West Energy Center after conducting four-factor analyses and 
added the 88 ppm NO<INF>X</INF> emission limit during April and 
October. Delaware issued the new permits on May 19, 2021 and included 
them in appendix 10-2 of its SIP submittal; redacted copies of these 
permits were subsequently resubmitted to EPA with an effective date of 
December 19, 2023 so that the portions relevant to compliance with the 
regional haze requirements of the second planning period could be 
incorporated into the Delaware SIP.\1\ DNREC made this SIP submission 
to satisfy the requirements of the CAA's regional haze program pursuant 
to CAA sections 169A and 169B and 40 Code of Federal Regulations (CFR) 
51.308. The full substance of the Delaware's regional haze SIP 
submission for the second planning period is discussed at length in the 
notice of proposed rulemaking (NPRM).
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    \1\ DNREC provided a clarification of this supplemental SIP 
submittal on May 28, 2024, that specified which provisions of the 
title V permits it intended to be incorporated by reference into the 
Delaware SIP. As a result, the 88 ppm NO<INF>X</INF> emission limit 
as extended to April and October and related permit conditions will 
be federally enforceable.
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    On August 19, 2024 (89 FR 67018), EPA published an NPRM proposing 
approval of Delaware's August 8, 2022 SIP submission and its March 7, 
2024 supplement as satisfying the regional haze requirements for the 
second implementation period contained in the CAA and 40 CFR 51.308. 
EPA is now determining that the Delaware regional haze SIP submission 
for the second implementation period meets the applicable statutory and 
regulatory requirements and is thus approving Delaware's submission 
into its SIP.

II. EPA's Response to Comments Received

    EPA received three comments in response to the NPRM, two of which 
were unique. One comment originated from the Mid-Atlantic/Northeast 
Visibility Union (MANE-VU) in support of the EPA's proposed action, and 
the other comment originated from an individual and was not relevant. 
These comments are available in the docket for this action via Docket 
ID Number EPA-R03-OAR-2023-0301 on the www.regulations.gov website. 
EPA's summary of and response to the relevant comment is provided 
below.
    Comment: MANE-VU submitted comments in support of the EPA's 
proposed action, stating:

    MANEVU supports EPA's proposal to approve Delaware's regional 
haze State implementation plan (SIP) revision submitted on August 8, 
2022, and supplemented on March 7, 2024, as satisfying applicable 
requirements under the Clean Air Act (CAA) and EPA's Regional Haze 
Rule (RHR) for the second implementation period of the regional haze 
program. MANEVU agrees that Delaware's haze SIP revision meets the 
requirements of CAA sections 169A and 169B and the RHR at 40 CFR 
51.308. MANEVU appreciates EPA's careful evaluation of Delaware's 
SIP submittal, as well as the constructive input and review that the 
federal land managers provided to Delaware and the other MANEVU 
States as they developed their regional haze SIPs. MANEVU notes that 
reducing haze-forming pollutants improves scenic vistas in our 
national parks and wilderness areas while also providing other 
economic, ecosystem and public health co-benefits.

    Response: EPA appreciates and agrees with this comment.\2\
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    \2\ To the extent that MANE-VU mentions EPA's review of other 
States' responses to the MANE-VU Asks and submits a list of States 
that MANE-VU's technical analysis found to be reasonably anticipated 
to contribute to visibility impairment at one or more MANE-VU Class 
I areas, EPA views that comment as beyond the scope of this action 
such that no response is warranted.
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III. Final Action

    For the reasons set forth at length in the NPRM, EPA is approving, 
as a SIP revision, Delaware's August 8, 2022 SIP submission and its 
March 7, 2024 supplement as satisfying the regional haze requirements 
for the second implementation period contained in 40 CFR 51.308(f).

IV. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of specific 
provisions of the revised title V permits for Calpine Christiana Energy 
Center, Calpine Delaware City Energy Center, and Calpine West Energy 
Center, dated and effective December 19, 2023, between DNREC and 
Calpine Mid-Atlantic Generation, LLC, which includes emission limits 
and associated permit conditions for these facilities to comply with 
Regional Haze requirements for the 2nd Planning Period, as discussed in 
section I of this document and included in the amendments to 40 CFR 
part 52 set forth below. These permit revisions are contained in 
DNREC's supplemental SIP submittal dated March 7, 2024, submitted on 
behalf of the State of Delaware; the portions of these permit revisions 
that will be incorporated by reference into the SIP are clarified by 
the DNREC Air Quality Division Director via a letter dated May 28, 
2024. EPA has made, and will continue to make, these materials 
generally available through www.regulations.gov and at the EPA Region 3 
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 rule of EPA's approval, and will be 
incorporated by reference in the next update to the SIP compilation.\3\
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    \3\ 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

[[Page 84290]]

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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    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.
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 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.''
    DNREC did not evaluate environmental justice 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 action. Due to the nature 
of the action being taken here, this 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 action, and there 
is no information in the record inconsistent with the stated goal of 
Executive Order 12898 of achieving environmental justice for people of 
color, low-income populations, and Indigenous peoples.

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 December 23, 2024. 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 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, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Sulfur oxides, Volatile 
organic compounds.

Adam Ortiz,
Regional Administrator, Region III.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
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:
0
a. In the table in paragraph (d) by adding entries for ``Calpine Mid-
Atlantic Generation, LLC--Christiana Energy Center''; ``Calpine Mid-
Atlantic Generation, LLC--Delaware City Energy Center''; and ``Calpine 
Mid-Atlantic Generation, LLC--West Energy Center'' at the end of the 
table; and
0
b. In the table in paragraph (e) by adding an entry for ``Regional Haze 
Plan from 2018-2028'' at the end of the table.
    The additions read as follows:


Sec.  52.420  Identification of plan.

* * * * *
    (d) * * *

[[Page 84291]]



                               EPA-Approved Delaware Source-Specific Requirements
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                                                          State
         Name of source              Permit No.      effective date   EPA approval date   Additional explanation
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                                                  * * * * * * *
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Calpine Mid-Atlantic             AQM-003/00317           12/19/2023  October 22, 2024    Approved via Docket EPA-
 Generation, LLC--Christiana      (Renewal 5).                        [INSERT FEDERAL     R03-OAR-2023-0301, as
 Energy Center.                                                       REGISTER            an element of
                                                                      CITATION].          Delaware's August 8,
                                                                                          2022, Regional Haze
                                                                                          Plan from 2018-2028
                                                                                          and March 7, 2024,
                                                                                          supplement.
Calpine Mid-Atlantic             AQM-003/00005           12/19/2023  October 22, 2024    Approved via Docket EPA-
 Generation, LLC--Delaware City   (Renewal 5).                        [INSERT FEDERAL     R03-OAR-2023-0301, as
 Energy Center.                                                       REGISTER            an element of
                                                                      CITATION].          Delaware's August 8,
                                                                                          2022, Regional Haze
                                                                                          Plan from 2018-2028
                                                                                          and March 7, 2024,
                                                                                          supplement.
Calpine Mid-Atlantic             AQM-003/00006           12/19/2023  October 22, 2024    Approved via Docket EPA-
 Generation, LLC--West Energy     (Renewal 5).                        [INSERT FEDERAL     R03-OAR-2023-0301, as
 Center.                                                              REGISTER            an element of
                                                                      CITATION].          Delaware's August 8,
                                                                                          2022, Regional Haze
                                                                                          Plan from 2018-2028
                                                                                          and March 7, 2024,
                                                                                          supplement.
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* * * * *
    (e) * * *

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   Name of non-regulatory SIP     Applicable geographic   State submittal                          Additional
            revision                       area                 date        EPA approval date     explanation
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----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
Regional Haze Plan from 2018-    State-wide.............        8/8/2022   October 22, 2024
 2028.                                                                      [INSERT Federal
                                                                            Register
                                                                            CITATION].
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[FR Doc. 2024-24196 Filed 10-21-24; 8:45 am]
BILLING CODE 6560-50-P


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