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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104434 Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Rules and Regulations 

1 89 FR 87826 (November 5, 2024). 

2 88 FR 72688 (October 23, 2023). 

3State Implementation Plans: Response to 

Petition for Rulemaking; Restatement and Update of 

EPA’s SSM Policy Applicable to SIPs; Findings of 

Substantial Inadequacy; and SIP Calls To Amend 

Provisions Applying to Excess Emissions During 

Periods of Startup, Shutdown and Malfunction, 80 

FR 33840 (June 12, 2015). 

4See 78 FR 12460, 12495–12496 (February 22, 

2013) and 80 FR 33840 at 33960 (June 12, 2015). 

5See 88 FR 72688 (October 23, 2023). 

6EPA Region 3 issued two final actions that 

corrected three of Delaware’s seven deficient SIP 

provisions originally identified in EPA’s 2015 SSM 

SIP call. See 87 FR 41074 (July 11, 2022) and 88 

FR 9399 (February 14, 2023). On October 23, 2023 

(88 FR 72688), the EPA Region 3 finalized 

disapproval of Delaware’s SIP revision that sought 

to correct the remaining four deficient provisions. 

7 In vacating certain portions of the 2015 SSM SIP 

Action, the D.C. Circuit’s decision did not 

determine whether the SIP-called provisions were 

otherwise lawful under the CAA. See e.g. 94 F.4th 

at 110 (‘‘We thus do not reach the question whether 

the called SIP’s relevant emission restrictions in 

fact amount to (or must amount to) ‘‘emission 

limitations’’ per the statutory definition.’’). 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. How is the preamble organized? 

The information presented in this 

preamble is organized as follows: 

Table of Contents 

I. General Information 

A. How is the preamble organized? 

II. Background 

III. What is the EPA correcting? 

IV. What action is the EPA taking? 

V. Statutory and Executive Order Reviews 

II. Background 

On November 5, 2024, the EPA 

proposed to correct an error in an earlier 

EPA action, using the authority of 

section 110(k)(6) of the CAA.1

Specifically, the proposed action 

explained that the error occurred in an 

October 23, 2023, EPA action 2

disapproving revisions to the State of 

Delaware’s SIP which were submitted in 

response to the 2015 Startup, 

Shutdown, and Malfunction (SSM) SIP 

Action.3

On June 12, 2015, the EPA finalized 

the 2015 SSM SIP Action, which 

clarified, restated, and updated the 

EPA’s national policy regarding SIP 

provisions applying to excess emissions 

during periods of startup, shutdown, 

and malfunction. As part of the 2015 

SSM SIP Action, the EPA issued a 

finding that certain SIP provisions for 

36 States that were applicable in 45 

statewide and local jurisdictions were 

substantially inadequate to meet CAA 

requirements due to how those SIP 

provisions treated excess emissions 

during SSM periods. Further, the EPA 

issued a ‘‘SIP call’’ to each of those 45 

air agencies, including the State of 

Delaware, on the basis that Delaware’s 

SIP contained impermissible director’s 

discretion provisions that were 

substantially inadequate to meet CAA 

requirements.4 To respond to the EPA’s 

SIP call in the 2015 SSM SIP Action, 

each affected State was required to 

submit its corrective SIP revision by 

November 22, 2016. The State of 

Delaware submitted a SIP revision 

purporting to address the seven issues 

identified in EPA’s 2015 SSM SIP 

Action on November 22, 2016. On 

October 23, 2023, the EPA took final 

action 5 disapproving certain portions of 

Delaware’s November 22, 2016, SIP 

revision based on EPA’s finding that the 

SIP revision did not correct the 

remaining deficiencies in Delaware’s 

SIP identified by the 2015 SSM SIP 

Action.6

As a result of the March 1, 2024, 

decision from the United States Court of 

Appeals for the District of Columbia 

Circuit in Environ. Comm. Fl. Elec. 

Power v. EPA, 94 F.4th 77 (D.C. Cir. 

2024), certain portions of the EPA’s SIP 

call in the 2015 SSM SIP Action were 

vacated by the D.C. Circuit and therefore 

have no legal effect. Thus, certain States 

subject to the 2015 SSM SIP Action no 

longer have a legal obligation to submit 

the revisions that the EPA had originally 

determined were required to correct the 

deficiency identified in the SIP call.7 In 

other words, by partially vacating the 

EPA’s 2015 SSM SIP Action, the D.C. 

Circuit’s decision rendered Delaware’s 

SIP submission in response to the 2015 

SSM SIP Action voluntary rather than 

mandatory. As a result, the EPA 

proposed to correct the EPA’s October 

23, 2023, disapproval action with 

respect to the consequences of that 

disapproval. A more complete 

explanation of the reasons for the 

proposed error correction can be found 

in the November 5, 2024, proposed 

action. Comments on the November 5, 

2024, proposed action were due on or 

before December 5, 2024. The EPA did 

not receive any comments on the 

November 5, 2024, proposed action. 

III. What is the EPA correcting? 

In this action, the EPA is correcting 

the erroneous triggering of mandatory 

sanctions under CAA section 179 and 

40 Code of Federal Regulations (CFR) 

52.31 for the State of Delaware 

following its October 23, 2023 (88 FR 

72688), disapproval of Delaware’s SIP 

revision submitted in response to the 

2015 SSM SIP call. The EPA is also 

correcting the erroneous triggering of 

the EPA’s obligation to issue a Federal 

Implementation Plan (FIP) under CAA 

section 110(c)(1)(B). As a result, in 

finalizing this error correction action, 

the imposition of sanctions for the State 

of Delaware and the FIP obligation for 

the EPA that were triggered as result of 

the October 23, 2023 (88 FR 72688) final 

disapproval action are no longer in 

effect. 

IV. What action is the EPA taking? 

As a result of the D.C. Circuit’s 

decision in Environ. Comm. Fl. Elec. 

Power v. EPA, the EPA is determining 

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

CAA, a portion of the EPA’s October 23, 

2023 (88 FR 72688), final disapproval 

action of Delaware’s SIP revision was in 

error with respect to the consequences 

of that disapproval. By partially 

vacating the EPA’s 2015 SSM SIP 

Action, the D.C. Circuit’s decision 

rendered Delaware’s SIP submission in 

response to the 2015 SSM SIP action 

voluntary rather than mandatory. Thus, 

the EPA is finding that the triggering of 

mandatory sanctions and FIP obligation 

following the October 23, 2023 (88 FR 

72688), final disapproval was erroneous 

and, through this action, is terminating 

the imposition of sanctions for the State 

and the FIP obligation for the EPA 

triggered by that disapproval as they are 

no longer legally valid. 

V. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive orders (E.O.) can 

be found at www.epa.gov/lawsregulations/laws-and-executive-orders. 

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. This action merely corrects an 

error in EPA’s prior action 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 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 


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Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Rules and Regulations 104435 

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 is an error correction taken 

under section 110(k)(6) of the CAA and 

does not directly or disproportionately 

affect children. 

• 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 action 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 

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.’’ 

The air agency 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 as the EPA views this action as 

a necessary procedural step following 

the D.C. Circuit decision and vacatur of 

portions of the 2015 SIP call. 

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. 

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. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

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 within 60 days from the date this 

final action is published in the Federal 

Register. Filing a petition for 

reconsideration by the Administrator of 

this final action does not affect the 

finality of the action for the purposes of 

judicial review, nor does it extend the 

time within which a petition for judicial 

review must be filed and shall not 

postpone the effectiveness of such rule 

or action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, 

Administrative practice and procedures, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Adam Ortiz, 

Regional Administrator, Region III. 

[FR Doc. 2024–30654 Filed 12–20–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R08–RCRA–2024–0408; FRL–12226– 

02–R8] 

Utah: Final Authorization of State 

Hazardous Waste Management 

Program Revisions and Incorporation 

by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The State of Utah Department 

of Environmental Quality has applied to 

the Environmental Protection Agency 

(EPA) for final authorization of the 

changes to its hazardous waste program 

under the Resource Conservation and 

Recovery Act (RCRA). The EPA has 

determined that these changes satisfy all 

requirements needed to qualify for final 

authorization and is authorizing the 

State’s changes through this direct final 

action. The EPA uses the regulations 

entitled, ‘‘Approved State Hazardous 

Waste Management Programs’’ to 

provide notice of the authorization 

status of State programs and to 

incorporate by reference those 

provisions of State statutes and 

regulations that will be subject to the 

EPA’s inspection and enforcement. This 

rule also codifies in the regulations the 

approval of Utah’s hazardous waste 

management program and incorporates 

by reference authorized provisions of 

the State’s regulations. 

DATES: This direct final rule is effective 

on February 21, 2025 unless the EPA 

receives adverse written comment by 

January 22, 2025. If the EPA receives 

any such comment, we will publish a 

timely withdrawal of this direct final 

rule in the Federal Register informing 

the public that the rule will not take 

effect. The Director of the Federal 

Register approves the incorporation by 

reference of certain material listed in 

this direct final rule as of February 21, 

2025. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

RCRA–2024–0408; FRL–12226–02–R8 

by one of the following methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: lin.moye@epa.gov. 

3. Fax: (303) 312–6116 (prior to 

faxing, please notify the EPA contact 

listed below). 

4. Mail, hand delivery or courier: 

Moye Lin, Land, Chemicals and 

Redevelopment Division, EPA Region 8, 

Mailcode 8LCR–RC, 1595 Wynkoop 

Street, Denver, Colorado 80202–1129. 

Courier or hand deliveries are only 

accepted during the Regional Office’s 

normal hours of operation. The public is 

advised to call in advance to verify 

business hours. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: The EPA must receive 

your comments by January 22, 2025. 

Direct your comments to EPA–R08– 

RCRA–2024–0408; FRL–12226–02–R8. 

The EPA’s policy is that all comments 

received will be included in the public 


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