84288 Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Rules and Regulations 

land. Thus, Executive Order 13175 does 

not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. Therefore, this action 

is not subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

Since this action does not concern 

human health, EPA’s Policy on 

Children’s Health also does not apply. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations and Executive 

Order 14096: Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All 

The EPA finds that this action does 

not concern human health or 

environmental conditions and therefore 

cannot be evaluated with respect to 

potentially disproportionate and 

adverse effects on communities with 

environmental justice concerns. This 

action changes the fourth-level 

paragraph designation of the EPA’s PSD 

regulations contained in 40 CFR 51.166 

and 40 CFR 52.21 to conform with OFR 

requirements. This action makes very 

minor technical amendments to correct 

non-substantive errors in existing rules. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. The CRA allows the issuing 

agency to make a rule effective sooner 

than otherwise provided by the CRA if 

the agency makes a good cause finding 

that notice and comment rulemaking 

procedures are impracticable, 

unnecessary or contrary to the public 

interest. 5 U.S.C. 808(2). The EPA has 

made a good cause finding for this rule 

as discussed in the Final Action section 

of this rulemaking, including the basis 

for that finding. 

V. Statutory Authority 

Statutory authority to issue the 

amendments finalized in this action is 

provided by the same CAA provisions 

that provided authority to issue the 

regulations being amended: 42 U.S.C. 

7401 et seq. Statutory authority for the 

rulemaking procedures followed in this 

action is provided by APA section 553, 

5 U.S.C. 553. 

VI. 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 D.C. Circuit 

within 60 days from October 22, 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 (section 

307(b)(2) of the CAA). 

List of Subjects in 40 CFR Parts 51 and 

52 

Environmental protection, 

Administrative practices and 

procedures, Air pollution control, New 

source review, Preconstruction 

permitting, Prevention of significant 

deterioration. 

Michael S. Regan, 

Administrator. 

For the reasons stated in the 

preamble, title 40, Chapter I of the Code 

of Federal Regulations is amended as 

follows: 

PART 51—REQUIREMENTS FOR 

PREPARATION, ADOPTION, AND 

SUBMITTAL OF IMPLEMENTATION 

PLANS 

■ 1. The authority citation for part 51 

continues to read as follows: 

Authority: 23 U.S.C. 101; 42 U.S.C. 7401– 

7671q. 

Subpart I—Review of New Sources and 

Modifications 

§ 51.166 [Amended] 

■ 2. In § 51.166 revise the paragraph 

level designation for the 4th paragraph 

level from lowercase italic letters to 

uppercase non-italic letters. 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 3. The authority citation for part 52 

continues to read as follows: 

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

Subpart A—General Provisions 

§ 52.21 [Amended] 

■ 4. In § 52.21, revise the paragraph 

level designation for the 4th paragraph 

level from lowercase italic letters to 

uppercase non-italic letters. 

[FR Doc. 2024–24281 Filed 10–21–24; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 


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Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Rules and Regulations 84289 

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 NOX

emission limit as extended to April and October 

and related permit conditions will be federally 

enforceable. 

2To 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. 

3 62 FR 27968 (May 22, 1997). 

(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 yarina.adam@epa.gov. 

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 NOX 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). 

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

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

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 


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84290 Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Rules and Regulations 

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); 

• 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 

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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart I—Delaware 

■ 2. Amend § 52.420: 

■ a. In the table in paragraph (d) by 

adding entries for ‘‘Calpine MidAtlantic 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 

■ 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: 

§ 52.420 Identification of plan. 

* * * * * 

(d) * * * 


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Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Rules and Regulations 84291 

EPA-APPROVED DELAWARE SOURCE-SPECIFIC REQUIREMENTS

Name of source Permit No. State effective 

date EPA approval date Additional explanation 

*******

Calpine Mid-Atlantic Generation, LLC— 

Christiana Energy Center.

AQM–003/00317 

(Renewal 5).

12/19/2023 October 22, 2024 

[INSERT FEDERAL REGISTER CITATION].

Approved via Docket EPA–R03–OAR– 

2023–0301, as an element of Delaware’s August 8, 2022, Regional 

Haze Plan from 2018–2028 and 

March 7, 2024, supplement. 

Calpine Mid-Atlantic Generation, LLC— 

Delaware City Energy Center.

AQM–003/00005 

(Renewal 5).

12/19/2023 October 22, 2024 

[INSERT FEDERAL REGISTER CITATION].

Approved via Docket EPA–R03–OAR– 

2023–0301, as an element of Delaware’s August 8, 2022, Regional 

Haze Plan from 2018–2028 and 

March 7, 2024, supplement. 

Calpine Mid-Atlantic Generation, LLC— 

West Energy Center.

AQM–003/00006 

(Renewal 5).

12/19/2023 October 22, 2024 

[INSERT FEDERAL REGISTER CITATION].

Approved via Docket EPA–R03–OAR– 

2023–0301, as an element of Delaware’s August 8, 2022, Regional 

Haze Plan from 2018–2028 and 

March 7, 2024, supplement. 

* * * * * (e) * * * 

Name of non-regulatory 

SIP revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

Regional Haze Plan from 

2018–2028.

State-wide ........................................................... 8/8/2022 October 22, 2024 [INSERT Federal Register CITATION].

[FR Doc. 2024–24196 Filed 10–21–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2023–0406; FRL–10652–02– 

OAR] 

RIN 2060–AV97 

Removal of Affirmative Defense 

Provisions From the National Emission 

Standards for Hazardous Air Pollutants 

for the Oil and Natural Gas Production 

Facility and Natural Gas Transmission 

and Storage Facility Source Categories 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is finalizing 

amendments to the National Emission 

Standards for Hazardous Air Pollutants 

for the oil and gas industry issued under 

the Clean Air Act (CAA). Specifically, 

the EPA is finalizing removal of the 

affirmative defense provisions in the 

National Emission Standards for 

Hazardous Air Pollutants for both the 

Oil and Natural Gas Production source 

category and the Natural Gas 

Transmission and Storage source 

category. 

DATES: This final rule is effective 

October 22, 2024. 

ADDRESSES: The EPA has established a 

docket for this rulemaking under Docket 

ID No. EPA–HQ–OAR–2023–0406. All 

documents in the docket are listed on 

the https://www.regulations.gov/ 

website. Although listed, 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 as pdf versions that can 

only be accessed on the EPA computers 

in the docket office reading room. 

Certain databases and physical items 

cannot be downloaded from the docket 

but may be requested by contacting the 

docket office at 202–566–1744. The 

docket office has up to 10 business days 

to respond to these requests. With the 

exception of such material, publicly 

available docket materials are available 

electronically at https://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Witosky, Sector Policies and 

Programs Division (E143–05), Office of 

Air Quality Planning and Standards, 

U.S. Environmental Protection Agency, 

109 T.W. Alexander Drive, P.O. Box 

12055, Research Triangle Park, North 

Carolina, 27711; telephone number: 

(919) 541–2865; email address: 

witosky.matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Organization of this document. The 

information in this preamble is 

organized as follows: 

I. General Information 

A. Does this action apply to me? 

B. Where can I get a copy of this document 

and other related information? 

C. Judicial and Administrative Review 

II. Final Rule Summary 

III. Rationale for the Final Rule 

IV. Response to Comments 

V. Summary of Cost, Environmental, and 

Economic Impacts 

A. What are the affected sources? 

B. What are the air quality impacts? 

C. What are the cost impacts? 

D. What are the economic impacts? 

E. What are the benefits? 

VI. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

B. Paperwork Reduction Act (PRA) 


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