Air Plan Approval; Delaware; 2022 Amendments to the Delaware's Ambient Air Quality Standards, 66659-66661 [2024-18160]

Download as PDF Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2023–0190; FRL–12117– 01–R5] Air Plan Approval; Indiana; Ozone SIP Modifications Due to the Municipal Solid Waste Landfill Update Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve the Indiana Department of Environmental Management’s request to repeal and replace portions of the Indiana Administrative Code (IAC) for Lake, Porter, Clark, and Floyd Counties in Indiana. This new regulation includes Federal updates to municipal solid waste landfill rules with the incorporation by reference of the Federal plan for Municipal Solid Waste Landfills. EPA is proposing that this action is approvable because it is consistent with the EPA’s Emission Guidelines for Municipal Solid Waste Landfills and is a SIP strengthening measure. SUMMARY: Comments must be received on or before September 16, 2024. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2023–0190 at https:// www.regulations.gov or via email to arra.sarah@epa.gov. For comments submitted at https:// www.regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from the docket. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI), Proprietary Business Information (PBI), 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, PBI, or multimedia submissions, and general lotter on DSK11XQN23PROD with PROPOSALS1 DATES: VerDate Sep<11>2014 17:19 Aug 15, 2024 Jkt 262001 66659 guidance on making effective comments, please visit https:// wwww.epa.gov/dockets/commentingepa-dockets. ENVIRONMENTAL PROTECTION AGENCY FOR FURTHER INFORMATION CONTACT: [EPA–R03–OAR–2023–0444; FRL–10461– 01–R3] Katie Mullen, Air and Radiation Division (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353–3490, mullen.kathleen@epa.gov. The EPA Region 5 office is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. The Environmental Protection Agency (EPA) is proposing to approve the Indiana Department of Environmental Management’s request to repeal 326 Indiana Administrative Code (IAC) 8–8 for Lake, Porter, Clark, and Floyd Counties in Indiana, and replace it with 326 IAC 8–8.2. In the ‘‘Rules and Regulations’’ section of this Federal Register, EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no relevant adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives such comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the Rules section of this Federal Register. SUPPLEMENTARY INFORMATION: Dated: August 7, 2024. Debra Shore, Regional Administrator, Region 5. [FR Doc. 2024–17990 Filed 8–15–24; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 40 CFR Part 52 Air Plan Approval; Delaware; 2022 Amendments to the Delaware’s Ambient Air Quality Standards 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 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. SUMMARY: Submit your comments, identified by Docket ID No. EPA–R03– OAR–2023–0444 at www.regulations.gov, or via email to talley.david@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 ADDRESSES: E:\FR\FM\16AUP1.SGM 16AUP1 66660 Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Proposed Rules www.epa.gov/dockets/commenting-epadockets. 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 malone.erin@epa.gov. FOR FURTHER INFORMATION CONTACT: 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. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with PROPOSALS1 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). VerDate Sep<11>2014 17:19 Aug 15, 2024 Jkt 262001 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 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. 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 1 2015 National Ambient Air Quality Standards for Ozone available at www.federalregister.gov/ documents/2015/10/26/2015-26594/nationalambient-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-ambientair-quality-standards. 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. PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 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). E:\FR\FM\16AUP1.SGM 16AUP1 Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Proposed Rules lotter on DSK11XQN23PROD with PROPOSALS1 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, VerDate Sep<11>2014 17:19 Aug 15, 2024 Jkt 262001 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] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2023–0633; FRL–11928– 01–R5] Air Plan Approval; Indiana; Update to CFR References Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a request submitted by the Indiana Department of Environmental Management (IDEM) on December 14, SUMMARY: PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 66661 2023, to revise the Indiana State Implementation Plan (SIP). The submission revises and updates the Indiana Administrative Code (IAC) definition of ‘‘References to the Code of Federal Regulations,’’ from the 2018 edition to the 2022 edition. DATES: Comments must be received on or before September 16, 2024. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2023–0633 at https:// www.regulations.gov, or via email to arra.sarah@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from the docket. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI), Proprietary Business Information (PBI), 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, PBI, or multimedia submissions, and general guidance on making effective comments, please visit https:// www.epa.gov/dockets/commenting-epadockets. FOR FURTHER INFORMATION CONTACT: Nicole Naber, Air and Radiation Division (AR18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–6609, naber.nicole@ epa.gov. The EPA Region 5 office is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. I. What is the background of these SIP submissions? On December 14, 2023, IDEM submitted a request to revise the definition of ‘‘References to the Code of Federal Regulations’’ in SIP rules 326 E:\FR\FM\16AUP1.SGM 16AUP1

Agencies

[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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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]
BILLING CODE 6560-50-P
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