[Federal Register Volume 67, Number 226 (Friday, November 22, 2002)]
[Rules and Regulations]
[Pages 70315-70317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29605]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DE061-DE066-1036; FRL-7411-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Six Control Measures to Meet EPA-Identified Shortfalls in Delaware's 
One-Hour Ozone Attainment Demonstration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Delaware. This revision consists of six 
control measures to meet EPA-identified shortfalls in Delaware's one-
hour ozone attainment demonstration. The intended effect of this action 
is to approve the six control measures.

EFFECTIVE DATE: This final rule is effective on December 23, 2002.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103; and Delaware 
Department of Natural Resources & Environmental Control, 89 Kings 
Highway, P.O. Box 1401, Dover, Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On September 12, 2002 (67 FR 5776), EPA published a notice of 
proposed rulemaking (NPR) for the State of Delaware. The NPR proposed 
approval of the Delaware SIP revision for six control measures based on 
the model rules developed by the Ozone Transport Commission (OTC), to 
meet EPA-identified attainment shortfalls for the Philadelphia-
Wilmington-Trenton nonattainment area and 19 counties within 100 
kilometers of the nonattainment area. The six control measures are: (1) 
Control of volatile organic compound (VOC) emissions from mobile 
equipment repair and refinishing; (2) control of VOC emissions from 
solvent cleaning and drying; (3) control of VOC emissions from 
Architectural and Industrial Maintenance (AIM) coatings; (4) control of 
VOC emissions from consumer products; (5) control of VOC emissions from 
portable fuel containers; and (6)

[[Page 70316]]

control of nitrogen oxides (NOX) emissions from industrial 
boilers. Other specific requirements of the six control measures and 
the rationale for EPA's proposed action are explained in the NPR and 
will not be restated here. No public comments were received on the NPR.

II. Final Action

    EPA is approving the six control measures submitted on March 1, 
2002, as revisions to the Delaware SIP.

III. Administrative Requirements

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not 
have tribal implications because it will not have a substantial direct 
effect on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes, 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
This action also does not have Federalism implications because it does 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 
This action merely approves a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This rule 
also is not subject to Executive Order 13045 ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 
23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by January 21, 2003. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action pertaining to six control measures to meet 
EPA-identified shortfalls in Delaware's one-hour ozone attainment 
demonstration, 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, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: November 14, 2002.
Donald S. Welsh,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart I--Delaware

    2. In Section 52.420, the table in paragraph (c) is amended:
    a. Under Regulation 24 by revising the entries for Section 11 and 
Section 33.
    b. By adding a new Regulation 41, including headings, with entries 
for Section 1, Section 2 and Section 3.
    c. By adding a new Regulation 42, including headings, with an entry 
for Section 1.
    The revisions and additions read as follows:


Sec.  52.420  Identification of plan.

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    (c) * * *

[[Page 70317]]



                                                      EPA-Approved Regulations in the Delaware SIP
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                                                                                       State
          State citation                             Title/subject                   effective           EPA approval date               Additional
                                                                                        date                                            explanation
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                                                                      * * * * * * *
           Regulation 24                                                CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS
 
                                                                      * * * * * * *
Section 11........................  Mobile Equipment Repair and Refinishing.......     11/11/01  November 22, 2002, Federal
                                                                                                  Register page citation.
 
                                                                      * * * * * * *
Section 33........................  Solvent Cleaning and Drying...................     11/11/01  November 22, 2002, Federal
                                                                                                  Register page citation.
 
                                                                      * * * * * * *
           Regulation 41                                         LIMITING VOC EMISSIONS FROM CONSUMER AND COMMERCIAL PRODUCTS
 
Section 1.........................  Architectural and Industrial Maintenance (AIM)      3/11/02  November 22, 2002, Federal
                                     Coatings.                                                    Register page citation.
Section 2.........................  Commercial Products...........................      1/11/02  November 22, 2002, Federal
                                                                                                  Register page citation.
Section 3.........................  Portable Fuel Containers......................     11/11/01  November 22, 2002, Federal
                                                                                                  Register page citation.
 
           Regulations 42                                                   SPECIFIC EMISSION CONTROL REQUIREMENTS
 
Section 1.........................  Control of Nitrogen Oxides (NOX) Emissions         12/11/01  November 22, 2002, Federal
                                     from Industrial Boilers.                                     Register page citation.
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[FR Doc. 02-29605 Filed 11-21-02; 8:45 am]
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