Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Rules and Regulations 104431 

1 2015 National Ambient Air Quality Standards 

for Ozone available at www.federalregister.gov/ 

documents/2015/10/26/2015–26594/nationalambient-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-ambientair-quality-standards. 

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. 

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. 

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have been revoked by EPA.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 sears.owen@epa.gov. 

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

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. 

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 


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104432 Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Rules and Regulations 

4 62 FR 27968 (May 22, 1997). 

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

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. 


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Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Rules and Regulations 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 

■ 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 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: 

§ 52.420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS AND STATUTES IN THE DELAWARE SIP 

State regulation 

(7 DNREC 1100) Title/subject 

State 

effective 

date 

EPA approval date Additional 

explanation 

*******

1103 Ambient Air Quality Standards 

Section 1.0 ............................ General Provisions ............... 08/11/2022 12/23/2024, [INSERT FIRST PAGE OF 

FEDERAL REGISTER CITATION].

Revised sections. 

* * * * * * * 

Section 4.0 ............................ Sulfur Dioxide ....................... 08/11/2022 12/23/2024, [INSERT FIRST PAGE OF 

FEDERAL REGISTER CITATION].

Revised sections. 

Section 5.0 ............................ Carbon Monoxide ................. 08/11/2022 12/23/2024, [INSERT FIRST PAGE OF 

FEDERAL REGISTER CITATION].

Revised sections. 

Section 6.0 ............................ Ozone ................................... 08/11/2022 12/23/2024, [INSERT FIRST PAGE OF 

FEDERAL REGISTER CITATION].

Revised sections. 

* * * * * * * 

Section 8.0 ............................ Nitrogen Dioxide ................... 08/11/2022 12/23/2024, [INSERT FIRST PAGE OF 

FEDERAL REGISTER CITATION].

Revised sections. 

* * * * * * * 

Section 10.0 .......................... Lead ...................................... 08/11/2022 12/23/2024, [INSERT FIRST PAGE OF 

FEDERAL REGISTER CITATION].

Revised sections. 

Section 11.0 .......................... PM10 and PM2.5 Particulates 08/11/2022 12/23/2024, [INSERT FIRST PAGE OF 

FEDERAL REGISTER CITATION].

Revised sections. 

* * * * * * * 

* * * * * 

[FR Doc. 2024–30404 Filed 12–20–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2023–0206; FRL–11037.1– 

01–R3] 

Air Plan Approval; Air Plan 

Disapproval; Delaware; Removal of 

Excess Emissions Provisions; Final 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final action. 

SUMMARY: The Environmental Protection 

Agency (EPA) is determining that a 

portion of an October 23, 2023, final 

disapproval action of a State 

implementation plan (SIP) revision 

submitted by the State of Delaware was 

in error and making a correction 

pursuant to section 110(k)(6) of the 

Clean Air Act (CAA). 

DATES: This final action is effective on 

December 23, 2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R03–OAR–2023–0206. All 

documents in the docket are listed at 

www.regulations.gov. Although listed in 

the index, some information may not be 

publicly available, i.e., Confidential 

Business Information 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 either 

electronically through 

www.regulations.gov or please contact 

the person listed in the FOR FURTHER

INFORMATION CONTACT for additional 

availability information. 

FOR FURTHER INFORMATION CONTACT: 

General questions concerning this 

publication should be addressed to Sean 

Silverman, Planning & Implementation 

Branch (3AD30), Air & Radiation 

Division, U.S. Environmental Protection 

Agency, Region III, Four Penn Center, 

1600 John F. Kennedy Boulevard, 

Philadelphia, Pennsylvania 19103; by 

telephone (215) 814–5511 or by email at 

silverman.sean@epa.gov. 


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