[Federal Register Volume 73, Number 142 (Wednesday, July 23, 2008)]
[Rules and Regulations]
[Pages 42681-42683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16833]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-0449; FRL-8696-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Reasonably Available Control Technology Under the 8-Hour 
Ozone National Ambient Air Quality Standard

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 pertains to the 
requirements in meeting the reasonably available control technology 
(RACT) under the 8-hour ozone national ambient air quality standard 
(NAAQS). These requirements are based on: Certification that previously 
adopted RACT controls in Delaware's SIP that were approved by EPA under 
the 1-hour ozone NAAQS are based on the currently available technically 
and economically feasible controls, and that they continue to represent 
RACT for the 8-hour implementation purposes; the adoption of new or 
more stringent regulations that represent RACT control levels; and a 
negative declaration that certain categories of sources do not exist in 
Delaware. This action is being taken under the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on August 22, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2007-0449. All documents in the docket are listed in 
the http://www.regulations.gov website. Although listed in the 
electronic docket, some information is not publicly 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 May 30, 2008 (73 FR 31043), EPA published a notice of proposed 
rulemaking (NPR) for the State of Delaware. The NPR proposed approval 
of the requirements of RACT under the 8-hour ozone NAAQS. The formal 
SIP revision was submitted by Delaware on October 2, 2006. A supplement 
to this SIP revision was submitted on October 5, 2006.

II. Summary of SIP Revision

    Delaware's SIP revision contains the requirements of RACT set forth 
by the CAA under the 8-hour ozone NAAQS. Delaware's SIP revision 
satisfies the 8-hour RACT requirements through (1) certification that 
previously adopted RACT controls in Delaware's SIP that were approved 
by EPA under the 1-hour ozone NAAQS are based on the currently 
available technically and economically feasible controls, and continues 
to represent RACT for the 8-hour implementation purposes; (2) the 
adoption of new or more stringent regulations that represent RACT 
control levels; and (3) a negative declaration that certain CTG or non-
CTG major sources of VOC and NOX sources do not exist in 
Delaware. Other requirements of the Delaware's 8-hour RACT 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.

III. Final Action

    EPA is approving the 8-hour RACT as a revision to the Delaware SIP. 
Delaware's SIP revision contains the requirements of RACT set forth by 
the CAA under the 8-hour ozone NAAQS. This SIP revision was submitted 
on October 2, 2006 and a supplement submittal on October 5, 2006.

[[Page 42682]]

IV. 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 September 22, 2008. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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 the Delaware's RACT provisions under the 
8-hour ozone NAAQS, 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: July 15, 2008.
Donald S. Welsh,
Regional Administrator, Region III.

0
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 (e) is amended by adding the 
entry at the end of table for the Delaware RACT under the 8-hour ozone 
NAAQS.


Sec.  52.420  Identification of plan.

* * * * *
    (e) * * *

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    Name of non-regulatory SIP      Applicable geographic       State                               Additional
             revision               or nonattainment area  submittal date    EPA approval date      explanation
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                                                  * * * * * * *
RACT under the 8-Hour NAAQS.......  Delaware (Statewide).      10/02/2006  [Insert Federal        ..............
                                                                            Register page number
                                                                            where the document
                                                                            begins] 07/23/2008.
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[FR Doc. E8-16833 Filed 7-22-08; 8:45 am]
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