[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 [www.gpo.gov]
[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 (SO2) 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annual primary standards that have been revoked by EPA.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 www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. 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]]

www.epa.gov/dockets/commenting-epa-dockets.

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 
[email protected].

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 SO2 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 www.federalregister.gov/documents/2015/10/26/2015-26594/national-ambient-air-quality-standards-for-ozone.
    \2\ 2020 Review of the Ozone National Ambient Air Quality 
Standards available at www.federalregister.gov/documents/2020/12/31/2020-28871/review-of-the-ozone-national-ambient-air-quality-standards.
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    On June 2, 2010, EPA revised the primary SO2 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 SO2.\3\ 
See 75 FR 35520. The 1-hour SO2 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 SO2 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 
www3.epa.gov/ttn/naaqs/standards/so2/fr/20100622.pdf.
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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 SO2 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 SO2 24-hour 
primary standard and SO2 annual primary standard, which 
corresponded to the EPA's revoked SO2 24-hour primary 
standard and SO2 annual primary standard. This amendment to 
DE 1103 conforms the Delaware SO2 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 SO2 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 SO2 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 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).

[[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:
     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 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]
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