[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 [www.gpo.gov]
[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 www.regulations.gov 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 
www.regulations.gov, 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 [email protected].

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 www.regulations.gov 
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:
     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);
     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 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 an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     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 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