[Federal Register Volume 73, Number 83 (Tuesday, April 29, 2008)]
[Rules and Regulations]
[Pages 23101-23103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9262]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-1188; FRL-8559-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Control of Stationary Generator Emissions

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 SIP revision contains 
provisions to control emissions from stationary generators. EPA is 
approving this SIP revision in accordance with the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on May 29, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2007-1188. All documents in the docket are listed in 
the http://www.regulations.gov Web site. Although listed in the 
electronic docket, some information is not publicly

[[Page 23102]]

available, i.e., confidential business information (CBI) 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 
http://www.regulations.gov or in hard copy 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. Copies of the State submittal are 
available at the 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 March 5, 2008 (73 FR 11845), EPA published a notice of proposed 
rulemaking (NPR) for the State of Delaware. The NPR proposed approval 
of the provisions to control emissions from stationary generators. The 
formal SIP revision was submitted by the State of Delaware on November 
1, 2007. Specific requirements of Delaware's regulation to control 
emissions from stationary generators 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 Regulation No. 1144--Control of Stationary 
Generator Emissions, as a revision to the Delaware SIP. This regulation 
will help ensure that the air emissions from new and existing 
generators do not cause or contribute to the existing air quality 
problems with regard to ground-level ozone and fine particulate matter, 
thereby adversely impacting public health, safety, and welfare.

III. Statutory and Executive Order Reviews

A. General Requirements

    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 action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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);
     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; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule 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.

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 action 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 30, 2008. 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 Delaware's regulation to control emissions 
from stationary generators, 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, Carbon monoxide, 
Incorporation by reference, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: April 15, 2008.
William T. Wisniewski,
Acting Regional Administrator, Region III.
    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart I--Delaware

0
2. In Sec.  52.420, the table in paragraph (c) is amended by adding 
entries for Regulation No. 1144--Control of Stationary Generators 
Emissions at the end of the table to read as follows:


Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

[[Page 23103]]



                                  EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
                                                State
      State citation         Title/subject    effective        EPA approval date        Additional explanation
                                                 date
----------------------------------------------------------------------------------------------------------------
 
                                                 * * * * * * *
                          Regulation No. 1144 Control of Stationary Generator Emissions
----------------------------------------------------------------------------------------------------------------
Section 1.0...............  General........     01/11/06  4/29/08 [Insert page
                                                           number where the document
                                                           begins].
Section 2.0...............  Definitions....     01/11/06  4/29/08 [Insert page
                                                           number where the document
                                                           begins].
Section 3.0...............  Emissions......     01/11/06  4/29/08 [Insert page
                                                           number where the document
                                                           begins].
Section 4.0...............  Operating           01/11/06  4/29/08 [Insert page
                             Requirements.                 number where the document
                                                           begins].
Section 5.0...............  Fuel                01/11/06  4/29/08 [Insert page
                             Requirements.                 number where the document
                                                           begins].
Section 6.0...............  Record Keeping      01/11/06  4/29/08 [Insert page
                             and Reporting.                number where the document
                                                           begins].
Section 7.0...............  Emissions           01/11/06  4/29/08 [Insert page
                             Certification,                number where the document
                             Compliance,                   begins].
                             and
                             Enforcement.
Section 8.0...............  Credit for          01/11/06  4/29/08 [Insert page
                             Concurrent                    number where the document
                             Emissions                     begins].
                             Reductions.
Section 9.0...............  DVFA Member         01/11/06  4/29/08 [Insert page
                             Companies.                    number where the document
                                                           begins].
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 [FR Doc. E8-9262 Filed 4-28-08; 8:45 am]
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