Rule2024-09924
Air Plan Approval; Delaware; Amendments to Delaware's Requirements for Public Notice of Certain Permits
Primary source
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Published
May 16, 2024
Effective
June 17, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the State of Delaware (Delaware SIP). This revision approves amendments Delaware made to its underlying regulation to standardize the public notices requirements across various permits covered by Delaware regulation 1102. That process will be consistent with EPA's October 18, 2016 final rule which amended the notice and comment requirements for title V, new source review and outer continental shelf (OCS) permit programs. EPA is approving these revisions to the Delaware SIP in accordance with the requirements of the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 89 Issue 96 (Thursday, May 16, 2024)</title>
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[Federal Register Volume 89, Number 96 (Thursday, May 16, 2024)]
[Rules and Regulations]
[Pages 42812-42814]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09924]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2023-0617; FRL-11781-02-R3]
Air Plan Approval; Delaware; Amendments to Delaware's
Requirements for Public Notice of Certain Permits
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
(Delaware SIP). This revision approves amendments Delaware made to its
underlying regulation to standardize the public notices requirements
across various permits covered by Delaware regulation 1102. That
process will be consistent with EPA's October 18, 2016 final rule which
amended the notice and comment requirements for title V, new source
review and outer continental shelf (OCS) permit programs. EPA is
approving these revisions to the Delaware SIP in accordance with the
requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on June 17, 2024.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2023-0617. All documents in the docket are listed on
the <a href="http://www.regulations.gov">www.regulations.gov</a> 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.
[[Page 42813]]
Publicly available docket materials are available through
<a href="http://www.regulations.gov">www.regulations.gov</a>, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Yongtian He, Permits Branch (3AD10),
Air & Radiation Division, U.S. Environmental Protection Agency, Region
III, Four Penn Center, 1600 John F. Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone number is (215) 814-2339. Mr. He can
also be reached via electronic mail at <a href="/cdn-cgi/l/email-protection#8bc3eea5d2e4e5ecffe2eae5cbeefbeaa5ece4fd"><span class="__cf_email__" data-cfemail="ca82afe493a5a4adbea3aba48aafbaabe4ada5bc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On March 1, 2024 (89 FR 15096), EPA published a notice of proposed
rulemaking (NPRM) proposing approval of revisions to the Delaware SIP.
The revision will incorporate into the Delaware SIP amendments to
subsections 12.3.2 and 12.4.2 of Title 7 Delaware Administrative Code
1102 (7 DE Admin Code 1102), Permits. The formal SIP revision was
submitted by Delaware Department of Natural Resources and Environmental
Control (DNREC) on behalf of the State of Delaware on November 10,
2022. Delaware amended 7 DE Admin Code 1102 (DE 1102) to update the
public notice requirements for permits covered by the regulation to be
consistent with certain provisions of the October 18, 2016 rule
regulatory revisions ``Revisions to Public Notice Provisions in Clean
Air Act Permitting Programs,'' (81 FR 71613, October 18, 2016) and the
implementing regulations codified in the Code of Federal Regulations
(CFR) at 40 CFR 70.7(h)(2).
II. Summary of SIP Revision and EPA Analysis
Delaware's November 10, 2022 SIP submission reflects amendments
made to its public notice requirements in DE 1102 that are consistent
with those in the EPA October 18, 2016 rule's public notice
requirements. While DE 1102 applies to some permits that are not
covered by EPA's October 18, 2016 rule (such as minor sources), some of
the permits covered by DE 1102 are addressed by the October 18, 2016
rule, such as major source operating permits (which are covered under
DE 1130 \1\).
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\1\ Delaware had previously revised the public notice operating
requirements of its title V operating permit regulations, 7 DE
Admin. Code 1130 (DE 1130). DE 1102 also applies to title V sources
covered by 1130 as well as other sources, such as minor sources not
covered by DE 1130. The effect of these changes is to make all
sources covered by DE 1102 and 1130 subject to identical state
public notice requirements. The changes to DE 1130 have not been
submitted to EPA for approval and are not part of this rule.
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Specifically, Delaware's submittal consists of changes to
subsections 12.3.2 and 12.4.2 of DE 1102. These subsections have been
amended to require that each public notice include: (1) the name,
address, and telephone number of a person (or an email or website
address) of DNREC Staff from whom interested persons may obtain
additional information; and (2) the time and place of any hearing that
may be held, including a statement of procedures to request a hearing
(unless a hearing has already been scheduled). The updated regulatory
language in DE 1102 (and DE 1130) is consistent with that of EPA's
October 18, 2016 rule and Federal regulations regarding public notice
requirements for major source permits (81 FR 71613 and 40 CFR
70.7(h)(2)).
The rationale for EPA's action is further explained in the NPRM,
and will not be restated here.
III. EPA's Response to Comments Received
EPA received one public comment for the NPRM. That comment is not
relevant to this action. EPA therefore offers no response to the
comment.
IV. Final Action
EPA is approving revision to subsections 12.3.2 and 12.4.2 of 7 DE
Admin Code 1102, Permits as a revision to the Delaware SIP.
V. 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 the
amendments to subsections 12.3.2 and 12.4.2 of DE 1102, as discussed in
sections I and II of this preamble. EPA has made, and will continue to
make, these materials generally available through <a href="http://www.regulations.gov">www.regulations.gov</a>
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 rule of EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\2\
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\2\ 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:
<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); and
<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 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
[[Page 42814]]
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 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 final rule.
Due to the nature of this action being taken here, where EPA is
approving revisions of the State regulations to be consistent with
notice and comment provisions previously established by EPA, this final
rule is expected to have a neutral to positive impact on the air
quality of the affected area.
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 July 15, 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 of amendments to Delaware's Requirements for Public
Notice of Permits under DE 1102 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, 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. In Sec. 52.420, in the table in paragraph (c), revise the entry for
``Section 12.0'' to read as follows:
Sec. 52.420 Identification of plan.
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(c) * * *
EPA-Approved Regulations and Statutes in the Delaware SIP
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State effective Additional
State regulation (7 DNREC 1100) Title/subject date EPA approval date explanation
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1102 Permits
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Section 12.0.................... Public 8/11/22 5/16/2024, [INSERT Subsections 12.3.2
Participation. FEDERAL REGISTER and 12.4.2 are
CITATION]. amended.
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[FR Doc. 2024-09924 Filed 5-15-24; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on May 16, 2024.
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