Proposed Rule2024-18160
Air Plan Approval; Delaware; 2022 Amendments to the Delaware's Ambient Air Quality Standards
Primary source
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Published
August 16, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve 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 all ambient air quality standards in Delaware's regulations, and Delaware's amendment removing the sulfur dioxide (SO<INF>2</INF>) 24-hour and annual primary standards that have been revoked by EPA. This action is being taken under the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 89 Issue 159 (Friday, August 16, 2024)</title>
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[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Proposed Rules]
[Pages 66659-66661]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18160]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2023-0444; FRL-10461-01-R3]
Air Plan Approval; Delaware; 2022 Amendments to the Delaware's
Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve 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 all
ambient air quality standards in Delaware's regulations, and Delaware's
amendment removing the sulfur dioxide (SO<INF>2</INF>) 24-hour and
annual primary standards that have been revoked by EPA. This action is
being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before September 16,
2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2023-0444 at <a href="http://www.regulations.gov">www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#7307121f1f160a5d1712051a17331603125d141c05"><span class="__cf_email__" data-cfemail="2551444949405c0b4144534c41654055440b424a53">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit
[[Page 66660]]
<a href="http://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Erin Malone, 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. The telephone number is (215) 814-
2190. Ms. Malone can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#bbd6dad7d4d5de95dec9d2d5fbdecbda95dcd4cd"><span class="__cf_email__" data-cfemail="9df0fcf1f2f3f8b3f8eff4f3ddf8edfcb3faf2eb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On November 15, 2022, the Delaware
Department of Natural Resources and Environmental Control (DNREC)
submitted to EPA a revision to its SIP that consists of amendments to
Title 7 of the Delaware Administrative Code (7 DE Admin Code).
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 SO<INF>2</INF> 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 to an EPA analytical method that was revoked by EPA.
I. Background
The CAA mandates that 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 <a href="http://www.federalregister.gov/documents/2015/10/26/2015-26594/national-ambient-air-quality-standards-for-ozone">www.federalregister.gov/documents/2015/10/26/2015-26594/national-ambient-air-quality-standards-for-ozone</a>.
\2\ 2020 Review of the Ozone National Ambient Air Quality
Standards available at <a href="http://www.federalregister.gov/documents/2020/12/31/2020-28871/review-of-the-ozone-national-ambient-air-quality-standards">www.federalregister.gov/documents/2020/12/31/2020-28871/review-of-the-ozone-national-ambient-air-quality-standards</a>.
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On June 2, 2010, EPA revised the primary SO<INF>2</INF> 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 SO<INF>2.</INF>\3\
See 75 FR 35520. The 1-hour SO<INF>2</INF> 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 SO<INF>2</INF> 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
<a href="http://www3.epa.gov/ttn/naaqs/standards/so2/fr/20100622.pdf">www3.epa.gov/ttn/naaqs/standards/so2/fr/20100622.pdf</a>.
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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 SO<INF>2</INF> 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. If approved,
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 for 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, will be updated to July
1, 2019, which was the most current version of the CFR as of the time
that DNREC revised DE 1103. If approved, Delaware's SIP will
incorporate the NAAQS monitoring methodologies as codified in the 2019
CFR, which was the 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 SO<INF>2</INF> 24-hour
primary standard and SO<INF>2</INF> annual primary standard, which
corresponded to the EPA's revoked SO<INF>2</INF> 24-hour primary
standard and SO<INF>2</INF> annual primary standard. This amendment to
DE 1103 conforms the Delaware SO<INF>2</INF> ambient air quality
standard with EPA's current Federal regulations. If this revision to DE
1103 is approved into the Delaware SIP, the SIP will align with EPA's
current SO<INF>2</INF> NAAQS, at 40 CFR 50.17.
III. Proposed Action
EPA is proposing to approve Delaware's submittal of November 15,
2022, consisting of the changes to 7 DE Admin Code 1103, Ambient Air
Quality Standards, as described in sections I and II of the preamble.
This revision to the Delaware SIP will align the SIP to be consistent
with Federal requirements by updating the SIP to be consistent with
EPA's 2015 ozone NAAQS; updating the citations in the SIP to the 2019
CFR dates for all NAAQS; and by removing from the SIP the current
reference to the revoked the SO<INF>2</INF> 24-hour and annual primary
standards. EPA is soliciting public comments on the proposed rulemaking
for the next 30 days. Relevant comments will be considered before
taking the final action.
IV. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference DE regulation 1103, as effective on July 1, 2019, excluding
updates to section 1.6.5, as discussed in sections I and II of the
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).
[[Page 66661]]
V. Statutory and Executive Order Reviews
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 proposed 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 CAA.
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 (E.J.) 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.
In addition, this proposed rule, regarding Delaware's amendments to
7 DE Admin. Code 1103, 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.
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.
[FR Doc. 2024-18160 Filed 8-15-24; 8:45 am]
BILLING CODE 6560-50-P
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