Air Plan Approval; Air Plan Disapproval; Delaware; Removal of Excess Emissions Provisions; Final Correction, 104433-104435 [2024-30654]
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Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Rules and Regulations
This action approving amendments to
Delaware’s ambient air standards may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
104433
Authority: 42 U.S.C. 7401 et seq.
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Subpart I—Delaware
Adam Ortiz,
Regional Administrator, Region III.
2. Amend § 52.420 the table in
paragraph (c), under the heading ‘‘1103
Ambient Air Quality Standards’’ by
revising the entries ‘‘Section 1.0’’,
‘‘Section 4.0’’, ‘‘Section 5.0’’, ‘‘Section
6.0’’, ‘‘Section 8.0’’, ‘‘Section 10.0’’, and
‘‘Section 11.0’’ to read as follows:
■
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.420
*
1. The authority citation for part 52
continues to read as follows:
■
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS AND STATUTES IN THE DELAWARE SIP
State regulation
(7 DNREC 1100)
State
effective
date
Title/subject
*
*
*
*
1103
Section 1.0 ............................
*
*
*
Ambient Air Quality Standards
General Provisions ...............
08/11/2022
12/23/2024, [INSERT FIRST PAGE OF
FEDERAL REGISTER CITATION].
Revised sections.
*
*
*
Section 4.0 ............................ Sulfur Dioxide .......................
*
08/11/2022
*
Revised sections.
Section 5.0 ............................
Carbon Monoxide .................
08/11/2022
Section 6.0 ............................
Ozone ...................................
08/11/2022
*
*
12/23/2024, [INSERT FIRST PAGE OF
FEDERAL REGISTER CITATION].
12/23/2024, [INSERT FIRST PAGE OF
FEDERAL REGISTER CITATION].
12/23/2024, [INSERT FIRST PAGE OF
FEDERAL REGISTER CITATION].
*
*
*
Section 8.0 ............................ Nitrogen Dioxide ...................
*
08/11/2022
*
*
12/23/2024, [INSERT FIRST PAGE OF
FEDERAL REGISTER CITATION].
*
Revised sections.
*
*
*
Section 10.0 .......................... Lead ......................................
*
08/11/2022
*
*
12/23/2024, [INSERT FIRST PAGE OF
FEDERAL REGISTER CITATION].
12/23/2024, [INSERT FIRST PAGE OF
FEDERAL REGISTER CITATION].
*
Revised sections.
PM10 and PM2.5 Particulates
Section 11.0 ..........................
*
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2023–0206; FRL–11037.1–
01–R3]
Air Plan Approval; Air Plan
Disapproval; Delaware; Removal of
Excess Emissions Provisions; Final
Correction
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Final action.
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16:08 Dec 20, 2024
08/11/2022
*
*
The Environmental Protection
Agency (EPA) is determining that a
portion of an October 23, 2023, final
disapproval action of a State
implementation plan (SIP) revision
submitted by the State of Delaware was
in error and making a correction
pursuant to section 110(k)(6) of the
Clean Air Act (CAA).
DATES: This final action is effective on
December 23, 2024.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R03–OAR–2023–0206. All
documents in the docket are listed at
www.regulations.gov. Although listed in
the index, some information may not be
publicly available, i.e., Confidential
Business Information or other
information whose disclosure is
restricted by statute. Certain other
SUMMARY:
[FR Doc. 2024–30404 Filed 12–20–24; 8:45 am]
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Additional
explanation
EPA approval date
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*
Revised sections.
Revised sections.
Revised sections.
*
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through
www.regulations.gov or please contact
the person listed in the FOR FURTHER
INFORMATION CONTACT for additional
availability information.
FOR FURTHER INFORMATION CONTACT:
General questions concerning this
publication should be addressed to Sean
Silverman, 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; by
telephone (215) 814–5511 or by email at
silverman.sean@epa.gov.
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104434
Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
I. General Information
A. How is the preamble organized?
The information presented in this
preamble is organized as follows:
Table of Contents
I. General Information
A. How is the preamble organized?
II. Background
III. What is the EPA correcting?
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews
II. Background
On November 5, 2024, the EPA
proposed to correct an error in an earlier
EPA action, using the authority of
section 110(k)(6) of the CAA.1
Specifically, the proposed action
explained that the error occurred in an
October 23, 2023, EPA action 2
disapproving revisions to the State of
Delaware’s SIP which were submitted in
response to the 2015 Startup,
Shutdown, and Malfunction (SSM) SIP
Action.3
On June 12, 2015, the EPA finalized
the 2015 SSM SIP Action, which
clarified, restated, and updated the
EPA’s national policy regarding SIP
provisions applying to excess emissions
during periods of startup, shutdown,
and malfunction. As part of the 2015
SSM SIP Action, the EPA issued a
finding that certain SIP provisions for
36 States that were applicable in 45
statewide and local jurisdictions were
substantially inadequate to meet CAA
requirements due to how those SIP
provisions treated excess emissions
during SSM periods. Further, the EPA
issued a ‘‘SIP call’’ to each of those 45
air agencies, including the State of
Delaware, on the basis that Delaware’s
SIP contained impermissible director’s
discretion provisions that were
substantially inadequate to meet CAA
requirements.4 To respond to the EPA’s
SIP call in the 2015 SSM SIP Action,
each affected State was required to
submit its corrective SIP revision by
November 22, 2016. The State of
Delaware submitted a SIP revision
purporting to address the seven issues
identified in EPA’s 2015 SSM SIP
Action on November 22, 2016. On
October 23, 2023, the EPA took final
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1 89
FR 87826 (November 5, 2024).
FR 72688 (October 23, 2023).
3 State Implementation Plans: Response to
Petition for Rulemaking; Restatement and Update of
EPA’s SSM Policy Applicable to SIPs; Findings of
Substantial Inadequacy; and SIP Calls To Amend
Provisions Applying to Excess Emissions During
Periods of Startup, Shutdown and Malfunction, 80
FR 33840 (June 12, 2015).
4 See 78 FR 12460, 12495–12496 (February 22,
2013) and 80 FR 33840 at 33960 (June 12, 2015).
2 88
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action 5 disapproving certain portions of
Delaware’s November 22, 2016, SIP
revision based on EPA’s finding that the
SIP revision did not correct the
remaining deficiencies in Delaware’s
SIP identified by the 2015 SSM SIP
Action.6
As a result of the March 1, 2024,
decision from the United States Court of
Appeals for the District of Columbia
Circuit in Environ. Comm. Fl. Elec.
Power v. EPA, 94 F.4th 77 (D.C. Cir.
2024), certain portions of the EPA’s SIP
call in the 2015 SSM SIP Action were
vacated by the D.C. Circuit and therefore
have no legal effect. Thus, certain States
subject to the 2015 SSM SIP Action no
longer have a legal obligation to submit
the revisions that the EPA had originally
determined were required to correct the
deficiency identified in the SIP call.7 In
other words, by partially vacating the
EPA’s 2015 SSM SIP Action, the D.C.
Circuit’s decision rendered Delaware’s
SIP submission in response to the 2015
SSM SIP Action voluntary rather than
mandatory. As a result, the EPA
proposed to correct the EPA’s October
23, 2023, disapproval action with
respect to the consequences of that
disapproval. A more complete
explanation of the reasons for the
proposed error correction can be found
in the November 5, 2024, proposed
action. Comments on the November 5,
2024, proposed action were due on or
before December 5, 2024. The EPA did
not receive any comments on the
November 5, 2024, proposed action.
III. What is the EPA correcting?
In this action, the EPA is correcting
the erroneous triggering of mandatory
sanctions under CAA section 179 and
40 Code of Federal Regulations (CFR)
52.31 for the State of Delaware
following its October 23, 2023 (88 FR
72688), disapproval of Delaware’s SIP
revision submitted in response to the
2015 SSM SIP call. The EPA is also
correcting the erroneous triggering of
the EPA’s obligation to issue a Federal
Implementation Plan (FIP) under CAA
section 110(c)(1)(B). As a result, in
5 See
88 FR 72688 (October 23, 2023).
Region 3 issued two final actions that
corrected three of Delaware’s seven deficient SIP
provisions originally identified in EPA’s 2015 SSM
SIP call. See 87 FR 41074 (July 11, 2022) and 88
FR 9399 (February 14, 2023). On October 23, 2023
(88 FR 72688), the EPA Region 3 finalized
disapproval of Delaware’s SIP revision that sought
to correct the remaining four deficient provisions.
7 In vacating certain portions of the 2015 SSM SIP
Action, the D.C. Circuit’s decision did not
determine whether the SIP-called provisions were
otherwise lawful under the CAA. See e.g. 94 F.4th
at 110 (‘‘We thus do not reach the question whether
the called SIP’s relevant emission restrictions in
fact amount to (or must amount to) ‘‘emission
limitations’’ per the statutory definition.’’).
6 EPA
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finalizing this error correction action,
the imposition of sanctions for the State
of Delaware and the FIP obligation for
the EPA that were triggered as result of
the October 23, 2023 (88 FR 72688) final
disapproval action are no longer in
effect.
IV. What action is the EPA taking?
As a result of the D.C. Circuit’s
decision in Environ. Comm. Fl. Elec.
Power v. EPA, the EPA is determining
that, pursuant to section 110(k)(6) of the
CAA, a portion of the EPA’s October 23,
2023 (88 FR 72688), final disapproval
action of Delaware’s SIP revision was in
error with respect to the consequences
of that disapproval. By partially
vacating the EPA’s 2015 SSM SIP
Action, the D.C. Circuit’s decision
rendered Delaware’s SIP submission in
response to the 2015 SSM SIP action
voluntary rather than mandatory. Thus,
the EPA is finding that the triggering of
mandatory sanctions and FIP obligation
following the October 23, 2023 (88 FR
72688), final disapproval was erroneous
and, through this action, is terminating
the imposition of sanctions for the State
and the FIP obligation for the EPA
triggered by that disapproval as they are
no longer legally valid.
V. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive orders (E.O.) can
be found at www.epa.gov/lawsregulations/laws-and-executive-orders.
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. This action merely corrects an
error in EPA’s prior action 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 14094 (88 FR
21879, April 11, 2023);
• 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
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Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Rules and Regulations
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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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it is an error correction taken
under section 110(k)(6) of the CAA and
does not directly or disproportionately
affect children.
• 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.
• 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 action does not have
Tribal implications and will not impose
substantial direct costs on Tribal
governments or preempt Tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The air agency did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
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applicable implementing regulations
neither prohibit nor require such an
evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this
action as the EPA views this action as
a necessary procedural step following
the D.C. Circuit decision and vacatur of
portions of the 2015 SIP call.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
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 within 60 days from the date this
final action is published in the Federal
Register. Filing a petition for
reconsideration by the Administrator of
this final action does not affect the
finality of the action for the purposes of
judicial review, nor does it extend the
time within which a petition for judicial
review must be filed and shall not
postpone the effectiveness of such rule
or action.
List of Subjects in 40 CFR Part 52
Environmental protection,
Administrative practice and procedures,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2024–30654 Filed 12–20–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 271 and 272
[EPA–R08–RCRA–2024–0408; FRL–12226–
02–R8]
Utah: Final Authorization of State
Hazardous Waste Management
Program Revisions and Incorporation
by Reference
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
PO 00000
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104435
The State of Utah Department
of Environmental Quality has applied to
the Environmental Protection Agency
(EPA) for final authorization of the
changes to its hazardous waste program
under the Resource Conservation and
Recovery Act (RCRA). The EPA has
determined that these changes satisfy all
requirements needed to qualify for final
authorization and is authorizing the
State’s changes through this direct final
action. The EPA uses the regulations
entitled, ‘‘Approved State Hazardous
Waste Management Programs’’ to
provide notice of the authorization
status of State programs and to
incorporate by reference those
provisions of State statutes and
regulations that will be subject to the
EPA’s inspection and enforcement. This
rule also codifies in the regulations the
approval of Utah’s hazardous waste
management program and incorporates
by reference authorized provisions of
the State’s regulations.
DATES: This direct final rule is effective
on February 21, 2025 unless the EPA
receives adverse written comment by
January 22, 2025. If the EPA receives
any such comment, we will publish a
timely withdrawal of this direct final
rule in the Federal Register informing
the public that the rule will not take
effect. The Director of the Federal
Register approves the incorporation by
reference of certain material listed in
this direct final rule as of February 21,
2025.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
RCRA–2024–0408; FRL–12226–02–R8
by one of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Email: lin.moye@epa.gov.
3. Fax: (303) 312–6116 (prior to
faxing, please notify the EPA contact
listed below).
4. Mail, hand delivery or courier:
Moye Lin, Land, Chemicals and
Redevelopment Division, EPA Region 8,
Mailcode 8LCR–RC, 1595 Wynkoop
Street, Denver, Colorado 80202–1129.
Courier or hand deliveries are only
accepted during the Regional Office’s
normal hours of operation. The public is
advised to call in advance to verify
business hours. Special arrangements
should be made for deliveries of boxed
information.
Instructions: The EPA must receive
your comments by January 22, 2025.
Direct your comments to EPA–R08–
RCRA–2024–0408; FRL–12226–02–R8.
The EPA’s policy is that all comments
received will be included in the public
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 246 (Monday, December 23, 2024)]
[Rules and Regulations]
[Pages 104433-104435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30654]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2023-0206; FRL-11037.1-01-R3]
Air Plan Approval; Air Plan Disapproval; Delaware; Removal of
Excess Emissions Provisions; Final Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final action.
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SUMMARY: The Environmental Protection Agency (EPA) is determining that
a portion of an October 23, 2023, final disapproval action of a State
implementation plan (SIP) revision submitted by the State of Delaware
was in error and making a correction pursuant to section 110(k)(6) of
the Clean Air Act (CAA).
DATES: This final action is effective on December 23, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R03-OAR-2023-0206. All documents in the docket are
listed at www.regulations.gov. Although listed in the index, some
information may not be publicly available, i.e., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through www.regulations.gov or please contact the person
listed in the FOR FURTHER INFORMATION CONTACT for additional
availability information.
FOR FURTHER INFORMATION CONTACT: General questions concerning this
publication should be addressed to Sean Silverman, 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; by
telephone (215) 814-5511 or by email at [email protected].
[[Page 104434]]
SUPPLEMENTARY INFORMATION:
I. General Information
A. How is the preamble organized?
The information presented in this preamble is organized as follows:
Table of Contents
I. General Information
A. How is the preamble organized?
II. Background
III. What is the EPA correcting?
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews
II. Background
On November 5, 2024, the EPA proposed to correct an error in an
earlier EPA action, using the authority of section 110(k)(6) of the
CAA.\1\ Specifically, the proposed action explained that the error
occurred in an October 23, 2023, EPA action \2\ disapproving revisions
to the State of Delaware's SIP which were submitted in response to the
2015 Startup, Shutdown, and Malfunction (SSM) SIP Action.\3\
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\1\ 89 FR 87826 (November 5, 2024).
\2\ 88 FR 72688 (October 23, 2023).
\3\ State Implementation Plans: Response to Petition for
Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to
SIPs; Findings of Substantial Inadequacy; and SIP Calls To Amend
Provisions Applying to Excess Emissions During Periods of Startup,
Shutdown and Malfunction, 80 FR 33840 (June 12, 2015).
---------------------------------------------------------------------------
On June 12, 2015, the EPA finalized the 2015 SSM SIP Action, which
clarified, restated, and updated the EPA's national policy regarding
SIP provisions applying to excess emissions during periods of startup,
shutdown, and malfunction. As part of the 2015 SSM SIP Action, the EPA
issued a finding that certain SIP provisions for 36 States that were
applicable in 45 statewide and local jurisdictions were substantially
inadequate to meet CAA requirements due to how those SIP provisions
treated excess emissions during SSM periods. Further, the EPA issued a
``SIP call'' to each of those 45 air agencies, including the State of
Delaware, on the basis that Delaware's SIP contained impermissible
director's discretion provisions that were substantially inadequate to
meet CAA requirements.\4\ To respond to the EPA's SIP call in the 2015
SSM SIP Action, each affected State was required to submit its
corrective SIP revision by November 22, 2016. The State of Delaware
submitted a SIP revision purporting to address the seven issues
identified in EPA's 2015 SSM SIP Action on November 22, 2016. On
October 23, 2023, the EPA took final action \5\ disapproving certain
portions of Delaware's November 22, 2016, SIP revision based on EPA's
finding that the SIP revision did not correct the remaining
deficiencies in Delaware's SIP identified by the 2015 SSM SIP
Action.\6\
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\4\ See 78 FR 12460, 12495-12496 (February 22, 2013) and 80 FR
33840 at 33960 (June 12, 2015).
\5\ See 88 FR 72688 (October 23, 2023).
\6\ EPA Region 3 issued two final actions that corrected three
of Delaware's seven deficient SIP provisions originally identified
in EPA's 2015 SSM SIP call. See 87 FR 41074 (July 11, 2022) and 88
FR 9399 (February 14, 2023). On October 23, 2023 (88 FR 72688), the
EPA Region 3 finalized disapproval of Delaware's SIP revision that
sought to correct the remaining four deficient provisions.
---------------------------------------------------------------------------
As a result of the March 1, 2024, decision from the United States
Court of Appeals for the District of Columbia Circuit in Environ. Comm.
Fl. Elec. Power v. EPA, 94 F.4th 77 (D.C. Cir. 2024), certain portions
of the EPA's SIP call in the 2015 SSM SIP Action were vacated by the
D.C. Circuit and therefore have no legal effect. Thus, certain States
subject to the 2015 SSM SIP Action no longer have a legal obligation to
submit the revisions that the EPA had originally determined were
required to correct the deficiency identified in the SIP call.\7\ In
other words, by partially vacating the EPA's 2015 SSM SIP Action, the
D.C. Circuit's decision rendered Delaware's SIP submission in response
to the 2015 SSM SIP Action voluntary rather than mandatory. As a
result, the EPA proposed to correct the EPA's October 23, 2023,
disapproval action with respect to the consequences of that
disapproval. A more complete explanation of the reasons for the
proposed error correction can be found in the November 5, 2024,
proposed action. Comments on the November 5, 2024, proposed action were
due on or before December 5, 2024. The EPA did not receive any comments
on the November 5, 2024, proposed action.
---------------------------------------------------------------------------
\7\ In vacating certain portions of the 2015 SSM SIP Action, the
D.C. Circuit's decision did not determine whether the SIP-called
provisions were otherwise lawful under the CAA. See e.g. 94 F.4th at
110 (``We thus do not reach the question whether the called SIP's
relevant emission restrictions in fact amount to (or must amount to)
``emission limitations'' per the statutory definition.'').
---------------------------------------------------------------------------
III. What is the EPA correcting?
In this action, the EPA is correcting the erroneous triggering of
mandatory sanctions under CAA section 179 and 40 Code of Federal
Regulations (CFR) 52.31 for the State of Delaware following its October
23, 2023 (88 FR 72688), disapproval of Delaware's SIP revision
submitted in response to the 2015 SSM SIP call. The EPA is also
correcting the erroneous triggering of the EPA's obligation to issue a
Federal Implementation Plan (FIP) under CAA section 110(c)(1)(B). As a
result, in finalizing this error correction action, the imposition of
sanctions for the State of Delaware and the FIP obligation for the EPA
that were triggered as result of the October 23, 2023 (88 FR 72688)
final disapproval action are no longer in effect.
IV. What action is the EPA taking?
As a result of the D.C. Circuit's decision in Environ. Comm. Fl.
Elec. Power v. EPA, the EPA is determining that, pursuant to section
110(k)(6) of the CAA, a portion of the EPA's October 23, 2023 (88 FR
72688), final disapproval action of Delaware's SIP revision was in
error with respect to the consequences of that disapproval. By
partially vacating the EPA's 2015 SSM SIP Action, the D.C. Circuit's
decision rendered Delaware's SIP submission in response to the 2015 SSM
SIP action voluntary rather than mandatory. Thus, the EPA is finding
that the triggering of mandatory sanctions and FIP obligation following
the October 23, 2023 (88 FR 72688), final disapproval was erroneous
and, through this action, is terminating the imposition of sanctions
for the State and the FIP obligation for the EPA triggered by that
disapproval as they are no longer legally valid.
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
(E.O.) can be found at www.epa.gov/laws-regulations/laws-and-executive-orders.
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. This action merely
corrects an error in EPA's prior action 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 14094 (88 FR 21879, April 11, 2023);
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
[[Page 104435]]
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is an error correction taken under section
110(k)(6) of the CAA and does not directly or disproportionately affect
children.
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.
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 action does not have Tribal implications and will
not impose substantial direct costs on Tribal governments or preempt
Tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).
Executive Order 12898: Federal Actions To Address Environmental Justice
in Minority Populations and Low-Income Populations
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The air agency 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 action as the EPA views this action as a necessary procedural
step following the D.C. Circuit decision and vacatur of portions of the
2015 SIP call. Consideration of EJ is not required as part of this
action, and there is no information in the record inconsistent with the
stated goal of E.O. 12898 of achieving environmental justice for people
of color, low-income populations, and Indigenous peoples.
Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
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 within 60 days from the date this final action
is published in the Federal Register. Filing a petition for
reconsideration by the Administrator of this final action does not
affect the finality of the action for the purposes of judicial review,
nor does it extend the time within which a petition for judicial review
must be filed and shall not postpone the effectiveness of such rule or
action.
List of Subjects in 40 CFR Part 52
Environmental protection, Administrative practice and procedures,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2024-30654 Filed 12-20-24; 8:45 am]
BILLING CODE 6560-50-P
