Rule2024-24196
Approval and Promulgation of Air Quality Implementation Plan; Delaware; Regional Haze State Implementation Plan for the Second Implementation Period
Primary source
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Published
October 22, 2024
Effective
November 21, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving the regional haze State implementation plan (SIP) revision submitted by Delaware on August 8, 2022, and supplemented on March 7, 2024, as satisfying applicable requirements under the Clean Air Act (CAA) and the EPA's Regional Haze Rule (RHR) for the program's second implementation period. Delaware's SIP submission addresses the requirement that States must periodically revise their long-term strategies for making reasonable progress towards the national goal of preventing any future, and remedying any existing, anthropogenic impairment of visibility, including regional haze, in mandatory Class I Federal areas. The SIP submission also addresses other applicable requirements for the second implementation period of the regional haze program.
Full Text
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<title>Federal Register, Volume 89 Issue 204 (Tuesday, October 22, 2024)</title>
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[Federal Register Volume 89, Number 204 (Tuesday, October 22, 2024)]
[Rules and Regulations]
[Pages 84288-84291]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24196]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2023-0301; FRL-10191-02-R3]
Approval and Promulgation of Air Quality Implementation Plan;
Delaware; Regional Haze State Implementation Plan for the Second
Implementation Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving the
regional haze State implementation plan (SIP) revision submitted by
Delaware on August 8, 2022, and supplemented on March 7, 2024, as
satisfying applicable requirements under the Clean Air Act (CAA) and
the EPA's Regional Haze Rule (RHR) for the program's second
implementation period. Delaware's SIP submission addresses the
requirement that States must periodically revise their long-term
strategies for making reasonable progress towards the national goal of
preventing any future, and remedying any existing, anthropogenic
impairment of visibility, including regional haze, in mandatory Class I
Federal areas. The SIP submission also addresses other applicable
requirements for the second implementation period of the regional haze
program.
DATES: This final rule is effective on November 21, 2024.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2023-0301. 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
[[Page 84289]]
(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
<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: Adam Yarina, Planning & Implementation
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection
Agency, Region 3, 1600 John F. Kennedy Boulevard, Philadelphia,
Pennsylvania 19103-2852. The telephone number is (215) 814-2108. Mr.
Yarina can also be reached via electronic mail at <a href="/cdn-cgi/l/email-protection#7f061e0d16111e511e1b1e123f1a0f1e51181009"><span class="__cf_email__" data-cfemail="631a02110a0d024d0207020e230613024d040c15">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On August 8, 2022, the Delaware Department of Natural Resources and
Environmental Control (DNREC) submitted a revision to its SIP to
address regional haze for the second implementation period; with a
supplement submitted on March 7, 2024 which included title V permit
provisions for three facilities owned by Calpine Mid-Atlantic
Generation, LLC to be incorporated into the Delaware SIP. EPA reviewed
and evaluated the State's selection and modification of the applicable
title V permits to incorporate the regional haze requirements of the
second implementation period. DNREC updated Title V permits for Calpine
Christiana Energy Center, Calpine Delaware City Energy Center, and
Calpine West Energy Center after conducting four-factor analyses and
added the 88 ppm NO<INF>X</INF> emission limit during April and
October. Delaware issued the new permits on May 19, 2021 and included
them in appendix 10-2 of its SIP submittal; redacted copies of these
permits were subsequently resubmitted to EPA with an effective date of
December 19, 2023 so that the portions relevant to compliance with the
regional haze requirements of the second planning period could be
incorporated into the Delaware SIP.\1\ DNREC made this SIP submission
to satisfy the requirements of the CAA's regional haze program pursuant
to CAA sections 169A and 169B and 40 Code of Federal Regulations (CFR)
51.308. The full substance of the Delaware's regional haze SIP
submission for the second planning period is discussed at length in the
notice of proposed rulemaking (NPRM).
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\1\ DNREC provided a clarification of this supplemental SIP
submittal on May 28, 2024, that specified which provisions of the
title V permits it intended to be incorporated by reference into the
Delaware SIP. As a result, the 88 ppm NO<INF>X</INF> emission limit
as extended to April and October and related permit conditions will
be federally enforceable.
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On August 19, 2024 (89 FR 67018), EPA published an NPRM proposing
approval of Delaware's August 8, 2022 SIP submission and its March 7,
2024 supplement as satisfying the regional haze requirements for the
second implementation period contained in the CAA and 40 CFR 51.308.
EPA is now determining that the Delaware regional haze SIP submission
for the second implementation period meets the applicable statutory and
regulatory requirements and is thus approving Delaware's submission
into its SIP.
II. EPA's Response to Comments Received
EPA received three comments in response to the NPRM, two of which
were unique. One comment originated from the Mid-Atlantic/Northeast
Visibility Union (MANE-VU) in support of the EPA's proposed action, and
the other comment originated from an individual and was not relevant.
These comments are available in the docket for this action via Docket
ID Number EPA-R03-OAR-2023-0301 on the <a href="http://www.regulations.gov">www.regulations.gov</a> website.
EPA's summary of and response to the relevant comment is provided
below.
Comment: MANE-VU submitted comments in support of the EPA's
proposed action, stating:
MANEVU supports EPA's proposal to approve Delaware's regional
haze State implementation plan (SIP) revision submitted on August 8,
2022, and supplemented on March 7, 2024, as satisfying applicable
requirements under the Clean Air Act (CAA) and EPA's Regional Haze
Rule (RHR) for the second implementation period of the regional haze
program. MANEVU agrees that Delaware's haze SIP revision meets the
requirements of CAA sections 169A and 169B and the RHR at 40 CFR
51.308. MANEVU appreciates EPA's careful evaluation of Delaware's
SIP submittal, as well as the constructive input and review that the
federal land managers provided to Delaware and the other MANEVU
States as they developed their regional haze SIPs. MANEVU notes that
reducing haze-forming pollutants improves scenic vistas in our
national parks and wilderness areas while also providing other
economic, ecosystem and public health co-benefits.
Response: EPA appreciates and agrees with this comment.\2\
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\2\ To the extent that MANE-VU mentions EPA's review of other
States' responses to the MANE-VU Asks and submits a list of States
that MANE-VU's technical analysis found to be reasonably anticipated
to contribute to visibility impairment at one or more MANE-VU Class
I areas, EPA views that comment as beyond the scope of this action
such that no response is warranted.
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III. Final Action
For the reasons set forth at length in the NPRM, EPA is approving,
as a SIP revision, Delaware's August 8, 2022 SIP submission and its
March 7, 2024 supplement as satisfying the regional haze requirements
for the second implementation period contained in 40 CFR 51.308(f).
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 specific
provisions of the revised title V permits for Calpine Christiana Energy
Center, Calpine Delaware City Energy Center, and Calpine West Energy
Center, dated and effective December 19, 2023, between DNREC and
Calpine Mid-Atlantic Generation, LLC, which includes emission limits
and associated permit conditions for these facilities to comply with
Regional Haze requirements for the 2nd Planning Period, as discussed in
section I of this document and included in the amendments to 40 CFR
part 52 set forth below. These permit revisions are contained in
DNREC's supplemental SIP submittal dated March 7, 2024, submitted on
behalf of the State of Delaware; the portions of these permit revisions
that will be incorporated by reference into the SIP are clarified by
the DNREC Air Quality Division Director via a letter dated May 28,
2024. 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 3
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.\3\
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\3\ 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
[[Page 84290]]
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);
<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; and
In addition, this rule 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.
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
EJ analysis and did not consider EJ in this action. Due to the nature
of the action being taken here, this action 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
Executive Order 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 December 23, 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 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, 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:
0
a. In the table in paragraph (d) by adding entries for ``Calpine Mid-
Atlantic Generation, LLC--Christiana Energy Center''; ``Calpine Mid-
Atlantic Generation, LLC--Delaware City Energy Center''; and ``Calpine
Mid-Atlantic Generation, LLC--West Energy Center'' at the end of the
table; and
0
b. In the table in paragraph (e) by adding an entry for ``Regional Haze
Plan from 2018-2028'' at the end of the table.
The additions read as follows:
Sec. 52.420 Identification of plan.
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(d) * * *
[[Page 84291]]
EPA-Approved Delaware Source-Specific Requirements
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State
Name of source Permit No. effective date EPA approval date Additional explanation
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* * * * * * *
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Calpine Mid-Atlantic AQM-003/00317 12/19/2023 October 22, 2024 Approved via Docket EPA-
Generation, LLC--Christiana (Renewal 5). [INSERT FEDERAL R03-OAR-2023-0301, as
Energy Center. REGISTER an element of
CITATION]. Delaware's August 8,
2022, Regional Haze
Plan from 2018-2028
and March 7, 2024,
supplement.
Calpine Mid-Atlantic AQM-003/00005 12/19/2023 October 22, 2024 Approved via Docket EPA-
Generation, LLC--Delaware City (Renewal 5). [INSERT FEDERAL R03-OAR-2023-0301, as
Energy Center. REGISTER an element of
CITATION]. Delaware's August 8,
2022, Regional Haze
Plan from 2018-2028
and March 7, 2024,
supplement.
Calpine Mid-Atlantic AQM-003/00006 12/19/2023 October 22, 2024 Approved via Docket EPA-
Generation, LLC--West Energy (Renewal 5). [INSERT FEDERAL R03-OAR-2023-0301, as
Center. REGISTER an element of
CITATION]. Delaware's August 8,
2022, Regional Haze
Plan from 2018-2028
and March 7, 2024,
supplement.
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* * * * *
(e) * * *
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Name of non-regulatory SIP Applicable geographic State submittal Additional
revision area date EPA approval date explanation
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* * * * * * *
Regional Haze Plan from 2018- State-wide............. 8/8/2022 October 22, 2024
2028. [INSERT Federal
Register
CITATION].
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[FR Doc. 2024-24196 Filed 10-21-24; 8:45 am]
BILLING CODE 6560-50-P
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