Rule2024-30404
Air Plan Approval; Delaware; 2022 Amendments to Delaware's Ambient Air Quality Standards
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 23, 2024
Effective
January 22, 2025
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. 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 (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) 24-hour and annual primary standards that have been revoked by EPA.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 246 (Monday, December 23, 2024)</title>
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[Federal Register Volume 89, Number 246 (Monday, December 23, 2024)]
[Rules and Regulations]
[Pages 104431-104433]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30404]
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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.
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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 (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standards that have been revoked by EPA.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: 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 <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. 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: 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 <a href="/cdn-cgi/l/email-protection#3546505447461b5a42505b755045541b525a43"><span class="__cf_email__" data-cfemail="8bf8eeeaf9f8a5e4fceee5cbeefbeaa5ece4fd">[email protected]</span></a>.
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
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 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\
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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. 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
[[Page 104432]]
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. This approval action
will align Delaware's SIP with EPA's current SO<INF>2</INF> 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
<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 rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\4\
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\4\ 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 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.
[[Page 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
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 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:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations and Statutes in the Delaware SIP
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State
State regulation (7 DNREC 1100) Title/subject effective EPA approval date Additional explanation
date
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* * * * * * *
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1103 Ambient Air Quality Standards
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Section 1.0.................... General Provisions 08/11/2022 12/23/2024, Revised sections.
[INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
* * * * * * *
Section 4.0.................... Sulfur Dioxide.... 08/11/2022 12/23/2024, Revised sections.
[INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
Section 5.0.................... Carbon Monoxide... 08/11/2022 12/23/2024, Revised sections.
[INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
Section 6.0.................... Ozone............. 08/11/2022 12/23/2024, Revised sections.
[INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
* * * * * * *
Section 8.0.................... Nitrogen Dioxide.. 08/11/2022 12/23/2024, Revised sections.
[INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
* * * * * * *
Section 10.0................... Lead.............. 08/11/2022 12/23/2024, Revised sections.
[INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
Section 11.0................... PM10 and PM2.5 08/11/2022 12/23/2024, Revised sections.
Particulates. [INSERT FIRST
PAGE OF FEDERAL
REGISTER
CITATION].
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[FR Doc. 2024-30404 Filed 12-20-24; 8:45 am]
BILLING CODE 6560-50-P
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