Air Plan Approval; Delaware; Amendments to Delaware's Requirements for Public Notice of Certain Permits, 15096-15098 [2024-04366]
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Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Proposed Rules
II. Paperwork Reduction Act of 1995
This draft guidance refers to proposed
collections of information described in
FDA’s September 28, 2022, proposed
rule on ‘‘Protection of Human Subjects
and Institutional Review Boards’’ (87 FR
58733), which this draft guidance is
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III. Electronic Access
Persons with access to the internet
may obtain the draft guidance at https://
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GuidanceComplianceRegulatory
Information/Guidances/default.htm,
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Vaccines/GuidanceCompliance
RegulatoryInformation/default.htm,
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https://www.fda.gov/about-fda/officeclinical-policy-and-programs/officeclinical-policy, https://www.fda.gov/
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www.hhs.gov/ohrp/newsroom/rfc/
index.html, or https://
www.regulations.gov.
Dated: February 26, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2024–04377 Filed 2–29–24; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2023–0626; FRL–11614–
03–R9]
Air Plan Disapproval; California; Los
Angeles-South Coast Air Basin; 1997
8-Hour Ozone; Extension of Comment
Period
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; extension of
comment period.
AGENCY:
The Environmental Protection
Agency (EPA) is extending the comment
period for a proposed rule published
February 2, 2024. The current comment
period for the proposed rule was set to
end on March 4, 2024. In response to
requests from several commenters, the
EPA is extending the comment period
for the proposed action to April 3, 2024.
DATES: The comment period for the
proposed rule published on February 2,
2024, at 89 FR 7320 is extended.
Comments must be received on or
before April 3, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2023–0626 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The 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. The 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
https://www.epa.gov/dockets/
commenting-epa-dockets. If you need
assistance in a language other than
English or if you are a person with a
disability who needs a reasonable
accommodation at no cost to you, please
SUMMARY:
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contact the person identified in the FOR
section.
FOR FURTHER INFORMATION CONTACT:
Ginger Vagenas, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3964 or by
email at vagenas.ginger@epa.gov.
SUPPLEMENTARY INFORMATION: On
February 2, 2024, the EPA published a
proposal to disapprove a state
implementation plan revision submitted
by the State of California to meet Clean
Air Act (CAA) requirements for the 1997
8-hour ozone national ambient air
quality standards (NAAQS) in the Los
Angeles-South Coast Air Basin,
California ozone nonattainment area.
This submission, titled ‘‘Final
Contingency Measure Plan—Planning
for Attainment of the 1997 80 ppb 8hour Ozone Standard in the South Coast
Air Basin,’’ addresses the CAA
requirements for the submission of
contingency measures that will be
implemented if emissions reductions
from anticipated technologies associated
with the area’s 1997 ozone NAAQS
attainment demonstration are not
achieved. For more detailed information
about this matter, please refer to the
February 2, 2024 Federal Register
document.
The notice of proposed rulemaking
initially provided for comments to be
submitted to the EPA on or before
March 4, 2024 (a 30-day public
comment period). The EPA received
several comments requesting an
extension of the comment period. To
ensure the public has sufficient time to
evaluate the proposal and develop
comments, the EPA is extending the
comment period until April 3, 2024.
FURTHER INFORMATION CONTACT
Dated: February 23, 2024.
Matthew Lakin,
Acting Director, Air and Radiation Division,
Region IX.
[FR Doc. 2024–04287 Filed 2–29–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2023–0617; FRL–11781–
01–R3]
Air Plan Approval; Delaware;
Amendments to Delaware’s
Requirements for Public Notice of
Certain Permits
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
SUMMARY:
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Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Proposed Rules
state implementation plan (SIP) revision
submitted by the State of Delaware into
Delaware’s existing SIP-approved public
notice requirements for certain permits
authorized under Delaware regulation
1102. The revisions Delaware made to
its underlying regulation standardize
the public notices requirements across
various permits under Delaware
regulation 1102 to be consistent with
EPA’s October 18, 2016 final rule
amendments to the notice and comment
requirements for Title V, new source
review and outer continental shelf
(OCS) permit programs. This action is
being taken under the Clean Air Act
(CAA).
Written comments must be
received on or before April 1, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2023–0617 at
www.regulations.gov, or via email to
Opila.Marycate@epa.gov. 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
www.epa.gov/dockets/commenting-epadockets.
DATES:
ddrumheller on DSK120RN23PROD with PROPOSALS1
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
He.Yongtian@epa.gov.
SUPPLEMENTARY INFORMATION: On
November 10, 2022, the Delaware
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Department of Natural Resources and
Environmental Control (DNREC)
submitted to EPA a revision to the
Delaware SIP. DNREC revised 7 DE
Admin Code 1102 (DE 1102) to
standardize the public notice
requirements for certain permits
authorized under DE 1102 to be
consistent with EPA’s final rule entitled,
‘‘Revisions to Public Notice Provisions
in Clean Air Act Permitting Programs,’’
(81 FR 71613; October 18, 2016) and the
implementing regulations codified in 40
CFR 70.7(h)(2).
I. Background
The CAA requires stationary sources
of air pollution to obtain permits to
construct and operate. EPA’s permitting
regulations are contained in 40 CFR
parts 51, 52, 70, and 71, and cover the
requirements for Federal permit actions
(i.e., when either EPA or a state or local
air agency that has been delegated EPA’s
authority issues a Federal air permit).
These regulations also establish the
minimum requirements for EPA
approval of state or tribal
implementation plans (SIPs) and
permitting programs for the issuance of
state permits. EPA’s regulations contain,
among other things, requirements for
public notice and availability of
supporting information to allow for
informed public participation in permit
actions (public notice requirements).
On October 18, 2016, EPA issued a
final rule (October 18, 2016 rule) that,
among other things, revised the public
notice requirements for the New Source
Review (NSR) construction permits,
OCS, and title V operating permits
issued by either EPA or by state, local
or tribal air agencies exercising Federal
authority delegated by the EPA.1 EPA’s
October 18, 2016 rule also amended the
regulatory requirements for obtaining
EPA-approval of state, local, or tribal air
permitting programs, but October 18,
2016 rule did not require states to revise
their public notice requirements.
However, any state that did so would
need to revise their requirements
consistent with the regulations revised
by EPA’s October 18, 2016 rule in order
to receive EPA approval of those
changes.
Delaware amended 7 DE Admin. Code
1102 (DE 1102) to voluntarily 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. Specifically, Delaware has
amended the public notice requirements
in DE 1102 to require that each public
notice include: (1) The name, address,
1 See
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81 FR 71613.
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15097
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).] 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 identical to those in the
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 also permits
addressed by the October 18, 2016 rule,
such as major source operating permits
(which are covered under DE 1130). The
October 18, 2016 rule established
requirements for obtaining EPAapproval of state, local, or tribal air
permitting programs changes.
Delaware’s submittal consists of
changes to subsections 12.3.2 and 12.4.2
of DE 1102. As previously mentioned,
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) mirrors 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)).
This amendment to DE 1102 is not a
required SIP revision, however, having
chosen to do so, the changes to DE 1102,
to the extent they pertain to permits
covered by the October 18, 2016 rule,
must meet the requirements of that
rulemaking and the affected EPA
regulations. EPA has determined that
the revisions to DE 1102 meet this
requirement, and that this SIP revision
2 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
public notice requirements. The changes to DE 1130
have not been submitted to EPA for approval and
are not part of this rulemaking.
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Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Proposed Rules
is approvable because it is consistent
with EPA requirements for major
sources as described in EPA’ October
18, 2016 rule.3Additionally, because
this SIP revision addresses procedural
requirements and not emissions or
emissions increases, the submittal is
approvable because it will not cause or
contribute to a violation of any National
Ambient Air Quality Standard
(NAAQS), nor will it interfere with any
applicable requirement concerning
attainment or any other applicable CAA
requirement, in accordance with CAA
section 110(l).
III. Proposed Action
EPA is proposing to approve the
Delaware SIP revision to subsections
12.3.2 and 12.4.2 of 7 DE Admin Code
1102, Permits, which was submitted on
November 10, 2022. EPA is soliciting
public comments on the proposed
rulemaking for the next 30 days.
Relevant comments will be considered
before taking the final action.
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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
the amendments to subsections 12.3.2
and 12.4.2 of DE 1102, as discussed in
section I and II of this document. 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).
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);
3 See
81 FR 71613.
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• 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,
where EPA is approving revisions of the
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state regulations to be consistent with
notice and comment provisions
previously established by EPA, 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 1102, 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2024–04366 Filed 2–29–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2023–0458; FRL–11759–
01–R4]
Air Plan Approval; Tennessee;
Revisions to the Continuous Opacity
Monitoring System Requirements
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the State of
Tennessee through the Department of
Environment and Conservation (TDEC),
Division of Air Pollution Control, via a
letter dated September 28, 2022. The
SIP revision seeks to modify the State’s
required monitoring standards by
adding exemptions to opacity
monitoring requirements. EPA is
proposing this action pursuant to the
Clean Air Act (CAA or Act).
DATES: Comments must be received on
or before April 1, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2023–0458 at regulations.gov.
Follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 42 (Friday, March 1, 2024)]
[Proposed Rules]
[Pages 15096-15098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04366]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2023-0617; FRL-11781-01-R3]
Air Plan Approval; Delaware; Amendments to Delaware's
Requirements for Public Notice of Certain Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a
[[Page 15097]]
state implementation plan (SIP) revision submitted by the State of
Delaware into Delaware's existing SIP-approved public notice
requirements for certain permits authorized under Delaware regulation
1102. The revisions Delaware made to its underlying regulation
standardize the public notices requirements across various permits
under Delaware regulation 1102 to be consistent with EPA's October 18,
2016 final rule amendments to the notice and comment requirements for
Title V, new source review and outer continental shelf (OCS) permit
programs. This action is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before April 1, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2023-0617 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 www.epa.gov/dockets/commenting-epa-dockets.
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: On November 10, 2022, the Delaware
Department of Natural Resources and Environmental Control (DNREC)
submitted to EPA a revision to the Delaware SIP. DNREC revised 7 DE
Admin Code 1102 (DE 1102) to standardize the public notice requirements
for certain permits authorized under DE 1102 to be consistent with
EPA's final rule entitled, ``Revisions to Public Notice Provisions in
Clean Air Act Permitting Programs,'' (81 FR 71613; October 18, 2016)
and the implementing regulations codified in 40 CFR 70.7(h)(2).
I. Background
The CAA requires stationary sources of air pollution to obtain
permits to construct and operate. EPA's permitting regulations are
contained in 40 CFR parts 51, 52, 70, and 71, and cover the
requirements for Federal permit actions (i.e., when either EPA or a
state or local air agency that has been delegated EPA's authority
issues a Federal air permit). These regulations also establish the
minimum requirements for EPA approval of state or tribal implementation
plans (SIPs) and permitting programs for the issuance of state permits.
EPA's regulations contain, among other things, requirements for public
notice and availability of supporting information to allow for informed
public participation in permit actions (public notice requirements).
On October 18, 2016, EPA issued a final rule (October 18, 2016
rule) that, among other things, revised the public notice requirements
for the New Source Review (NSR) construction permits, OCS, and title V
operating permits issued by either EPA or by state, local or tribal air
agencies exercising Federal authority delegated by the EPA.\1\ EPA's
October 18, 2016 rule also amended the regulatory requirements for
obtaining EPA-approval of state, local, or tribal air permitting
programs, but October 18, 2016 rule did not require states to revise
their public notice requirements. However, any state that did so would
need to revise their requirements consistent with the regulations
revised by EPA's October 18, 2016 rule in order to receive EPA approval
of those changes.
---------------------------------------------------------------------------
\1\ See 81 FR 71613.
---------------------------------------------------------------------------
Delaware amended 7 DE Admin. Code 1102 (DE 1102) to voluntarily
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. Specifically, Delaware has amended the
public notice requirements in DE 1102 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).] \2\
---------------------------------------------------------------------------
\2\ 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 public
notice requirements. The changes to DE 1130 have not been submitted
to EPA for approval and are not part of this rulemaking.
---------------------------------------------------------------------------
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 identical to
those in the 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 also permits addressed by the October 18, 2016 rule, such
as major source operating permits (which are covered under DE 1130).
The October 18, 2016 rule established requirements for obtaining EPA-
approval of state, local, or tribal air permitting programs changes.
Delaware's submittal consists of changes to subsections 12.3.2 and
12.4.2 of DE 1102. As previously mentioned, 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) mirrors 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)).
This amendment to DE 1102 is not a required SIP revision, however,
having chosen to do so, the changes to DE 1102, to the extent they
pertain to permits covered by the October 18, 2016 rule, must meet the
requirements of that rulemaking and the affected EPA regulations. EPA
has determined that the revisions to DE 1102 meet this requirement, and
that this SIP revision
[[Page 15098]]
is approvable because it is consistent with EPA requirements for major
sources as described in EPA' October 18, 2016 rule.\3\Additionally,
because this SIP revision addresses procedural requirements and not
emissions or emissions increases, the submittal is approvable because
it will not cause or contribute to a violation of any National Ambient
Air Quality Standard (NAAQS), nor will it interfere with any applicable
requirement concerning attainment or any other applicable CAA
requirement, in accordance with CAA section 110(l).
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\3\ See 81 FR 71613.
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III. Proposed Action
EPA is proposing to approve the Delaware SIP revision to
subsections 12.3.2 and 12.4.2 of 7 DE Admin Code 1102, Permits, which
was submitted on November 10, 2022. 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 the amendments to subsections 12.3.2 and 12.4.2 of DE 1102,
as discussed in section I and II of this document. 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).
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, where EPA is
approving revisions of the state regulations to be consistent with
notice and comment provisions previously established by EPA, 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 1102, 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2024-04366 Filed 2-29-24; 8:45 am]
BILLING CODE 6560-50-P
