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[Federal Register Volume 89, Number 246 (Monday, December 23, 2024)]
[Rules and Regulations]
[Pages 104431-104433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30404]

[[Page 104431]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2023-0444; FRL-10461-02-R3]

Air Plan Approval; Delaware; 2022 Amendments to Delaware's 
Ambient Air Quality Standards

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 SIP revision consists of Delaware's amendments to its ambient air 
quality standards for ground level ozone, amendments to citations to 
the Code of Federal Regulation (CFR) dates for the EPA sampling and 
analytical procedures and techniques for all ambient air quality 
standards in Delaware's regulations, and Delaware's amendment removing 
the sulfur dioxide (SO2) 24-hour and annual primary 
standards that have been revoked by EPA. This action is being taken 
under the Clean Air Act (CAA).

DATES: This final rule is effective on January 22, 2025.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2023-0444. 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 (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: Owen Sears, Planning & Implementation 
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection 
Agency, Region III, 1600 John F Kennedy Boulevard, Philadelphia, 
Pennsylvania 19103. The telephone number is (215) 814-2126. Mr. Sears 
can also be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: On August 16, 2024 (89 FR 66659), EPA 
published a notice of proposed rulemaking (NPRM) for the State of 
Delaware. In the NPRM, EPA proposed approval of a revision to the 
Delaware SIP that consists of amendments to Title 7 of the Delaware 
Administrative Code (7 DE Admin). Specifically, the amendments are to 7 
DE Admin 1103 Ambient Air Quality Standards (DE 1103). DNREC's 
amendments to DE 1103 aligned the language of that regulation to be 
consistent with existing Federal regulatory standards. Specifically, 
DNREC revised DE 1103 to reflect: the most current national ambient air 
quality standards (NAAQS) for ground level ozone; amendments to update 
citations in DE 1103 to include the CFR dates in effect at the time 
DNREC amended DE 1103 for all NAAQS; and amendments to remove the 
SO2 24-hour and annual primary standards. On May 14, 2024, 
DNREC submitted a withdrawal letter to remove an update to section 
1.6.5 of DE 1103 in Delaware's SIP. Delaware withdrew its revision to 
section 1.6.5 because that regulation erroneously cites an EPA 
analytical method that was revoked by EPA. The formal SIP revision was 
submitted by Delaware on November 15, 2022. By a letter dated May 14, 
2023, Delaware withdrew a portion of the submission that referenced an 
obsolete EPA monitoring methodology.

I. Background

    The CAA mandates that the EPA set NAAQS for criteria pollutants, 
which are ozone and related photochemical oxidants, carbon monoxide, 
lead, nitrogen oxides, particulate matter, and sulfur oxides. The CAA 
also requires EPA to periodically review the relevant scientific 
information and the standards and revise them, if appropriate, to 
ensure that the standards provide the requisite protection for public 
health and the environment. The CAA also requires states to develop a 
general plan to attain and maintain the standards in all areas of the 
country and a specific plan to attain the standards for each area 
designated nonattainment.
    The NAAQS for ground-level ozone were updated on October 1, 2015, 
to strengthen the NAAQS for ground-level ozone to 0.070 parts per 
million (ppm). See 80 FR 65291.\1\ The primary and secondary standards 
established in 2015 are determined by the fourth-highest daily maximum 
8-hour concentration, averaged over three consecutive years. In 
December 2020, EPA retained the 2015 standards without revision. See 85 
FR 87256, December 31, 2020.\2\
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    \1\ 2015 National Ambient Air Quality Standards for Ozone 
available at www.federalregister.gov/documents/2015/10/26/2015-26594/national-ambient-air-quality-standards-for-ozone.
    \2\ 2020 Review of the Ozone National Ambient Air Quality 
Standards available at www.federalregister.gov/documents/2020/12/31/2020-28871/review-of-the-ozone-national-ambient-air-quality-standards.
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    On June 2, 2010, EPA revised the primary SO2 NAAQS based 
on its review of the air quality criteria for oxides of sulfur and the 
primary NAAQS for oxides of sulfur as measured by SO2.\3\ 
See 75 FR 35520. The 1-hour SO2 standard was set at a level 
of 0.075 ppm, based on the 3-year average of the annual 99th percentile 
of 1-hour daily maximum concentrations. EPA also revoked both the 
existing 24-hour and annual primary SO2 standards.
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    \3\ 40 CFR parts 50, 53, and 58 Primary National Ambient Air 
Quality Standard for Sulfur Dioxide; Final Rule available at 
www3.epa.gov/ttn/naaqs/standards/so2/fr/20100622.pdf.
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II. Summary of SIP Revision and EPA Analysis

    Delaware's November 15, 2022 SIP submission consists of: (1) 
amendments to its ambient air quality standards in DE 1103 to reflect 
the current NAAQS for ground level ozone; (2) amendments to its 
regulatory citations to the CFR dates for the EPA sampling and 
analytical procedures and techniques for the various NAAQS that 
Delaware incorporates into its regulations, and (3) amendments to 
remove from DE 1103 the SO2 24-hour and annual primary 
standards that have been revoked by EPA. Delaware's regulatory 
amendments aligned DE 1103 with current EPA's NAAQS regulations. By 
including these revisions to DE 1103 in the Delaware SIP, the SIP will 
also align with EPA's current NAAQS regulations.
    The Delaware SIP's current primary and secondary ozone NAAQS 
standards are outdated at 0.075 ppm. DNREC's revision to DE 1103 
updated the primary and secondary ozone standards in section 6.0 of DE 
1103 to reflect the 2015 Ozone NAAQS of 0.070 ppm. This approval action 
for Delaware's SIP submittal will make the SIP consistent with EPA's 
current ozone NAAQS.
    DNREC has also amended DE 1103 to update its references to the 
dates for EPA's sampling and analytical procedures and techniques for 
the various NAAQS, that Delaware incorporates by reference into DE 
1103. The dates, for all sections except 1.6.5, are updated to July 1, 
2019, which was the most current version of the CFR as of the time that 
DNREC revised DE 1103. This approval action will incorporate into 
Delaware's SIP the NAAQS monitoring methodologies as codified in the 
2019 CFR, which was the

[[Page 104432]]

most recent version of the CFR at the time Delaware revised DE 1103. 
Updating these references will strengthen the Delaware SIP.
    Additionally, Delaware removed subsections 4.2 and 4.3 from DE 
1103. These subsections had set forth Delaware's SO2 24-hour 
primary standard and SO2 annual primary standard, which 
corresponded to the EPA's revoked SO2 24-hour primary 
standard and SO2 annual primary standard. This amendment to 
DE 1103 conforms the Delaware SO2 ambient air quality 
standard with EPA's current Federal regulations. This approval action 
will align Delaware's SIP with EPA's current SO2 NAAQS, at 
40 CFR 50.17. No public comments were received on the NPRM.

III. Final Action

    EPA is approving Delaware's submittal of November 15, 2022, as 
modified by the letter dated May 14, 2023, as a revision to the 
Delaware SIP.

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 DE regulation 
1103, as effective on July 1, 2019, excluding updates to section 1.6.5, 
as discussed in sections I and II of this preamble. EPA has made, and 
will continue to make, these materials generally available through 
www.regulations.gov and 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 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);
     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); 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 Clean Air Act.
    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 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, 
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 
E.J. analysis and did not consider E.J. in this proposed rulemaking. 
Due to the nature of the proposed action being taken here, this 
proposed rulemaking 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 E.O. 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 February 21, 2025. 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.

[[Page 104433]]

    This action approving amendments to Delaware's ambient air 
standards 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, the 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 the table in paragraph (c), under the heading 
``1103 Ambient Air Quality Standards'' by revising the entries 
``Section 1.0'', ``Section 4.0'', ``Section 5.0'', ``Section 6.0'', 
``Section 8.0'', ``Section 10.0'', and ``Section 11.0'' to read as 
follows:

Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

                            EPA-Approved Regulations and Statutes in the Delaware SIP
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                                                        State
State regulation (7 DNREC 1100)     Title/subject     effective    EPA approval date    Additional explanation
                                                         date
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                                                  * * * * * * *
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                                       1103 Ambient Air Quality Standards
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Section 1.0....................  General Provisions   08/11/2022  12/23/2024,         Revised sections.
                                                                   [INSERT FIRST
                                                                   PAGE OF FEDERAL
                                                                   REGISTER
                                                                   CITATION].
 
                                                  * * * * * * *
Section 4.0....................  Sulfur Dioxide....   08/11/2022  12/23/2024,         Revised sections.
                                                                   [INSERT FIRST
                                                                   PAGE OF FEDERAL
                                                                   REGISTER
                                                                   CITATION].
Section 5.0....................  Carbon Monoxide...   08/11/2022  12/23/2024,         Revised sections.
                                                                   [INSERT FIRST
                                                                   PAGE OF FEDERAL
                                                                   REGISTER
                                                                   CITATION].
Section 6.0....................  Ozone.............   08/11/2022  12/23/2024,         Revised sections.
                                                                   [INSERT FIRST
                                                                   PAGE OF FEDERAL
                                                                   REGISTER
                                                                   CITATION].
 
                                                  * * * * * * *
Section 8.0....................  Nitrogen Dioxide..   08/11/2022  12/23/2024,         Revised sections.
                                                                   [INSERT FIRST
                                                                   PAGE OF FEDERAL
                                                                   REGISTER
                                                                   CITATION].
 
                                                  * * * * * * *
Section 10.0...................  Lead..............   08/11/2022  12/23/2024,         Revised sections.
                                                                   [INSERT FIRST
                                                                   PAGE OF FEDERAL
                                                                   REGISTER
                                                                   CITATION].
Section 11.0...................  PM10 and PM2.5       08/11/2022  12/23/2024,         Revised sections.
                                  Particulates.                    [INSERT FIRST
                                                                   PAGE OF FEDERAL
                                                                   REGISTER
                                                                   CITATION].
 
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[FR Doc. 2024-30404 Filed 12-20-24; 8:45 am]
BILLING CODE 6560-50-P
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