Approval and Promulgation of Air Quality Implementation Plans; Delaware; Ambient Air Quality Standard for Ozone and Fine Particulate Matter, 65847-65849 [05-21751]
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Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Rules and Regulations
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Name of source
County
State effective
date
EPA approval date
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11/1/05 [Insert page
number where the
document begins].
11/1/05 [Insert page
number where the
document begins].
11/1/05 [Insert page
number where the
document begins].
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SGL Carbon Corporation .................................
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OP 24–131
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Elk ...............
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5/12/95
5/31/95
Salem Tube, Inc. ..............................................
OP 43–142
Mercer .........
2/16/99
Dominion Trans, Inc. ........................................
18–00006
Clinton .........
6/15/99
9/29/03
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Publicly available docket materials are
available either electronically in RME 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 and 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
quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
*
*
*
*
[FR Doc. 05–21752 Filed 10–31–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R03–OAR–2005–DE–0001; FRL–7992–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Ambient Air Quality
Standard for Ozone and Fine
Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is taking final action to
approve revisions to the Delaware State
Implementation Plan (SIP). The
revisions were submitted by the
Delaware Department of Natural
Resources and Environmental Control
(DNREC) and consist of modifications to
the ambient air quality standards for
ozone and fine particulate matter. EPA
is approving these revisions in the SIP
in accordance with the Clean Air Act
(CAA).
DATES: This final rule is effective on
December 1, 2005.
ADDRESSES: EPA has established a
docket for this action under Regional
Material in EDocket (RME) ID Number
R03–OAR–2005–DE–0001. All
documents in the docket are listed in
the RME index at https://docket.epa.gov/
rmepub/. Once in the system, select
‘‘quick search,’’ then key in the
appropriate RME identification number.
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.
VerDate Aug<31>2005
15:13 Oct 31, 2005
Jkt 208001
I. Background
On April 1, 2003, DNREC submitted
a formal SIP revision that consists of an
amendment that included the revised
ambient air quality standards for ozone
and particulate matter. On July 18, 2005
(70 FR 41146), EPA published a direct
final rule (DFR) approving revisions to
the Delaware’s SIP. An explanation of
the CAA’s requirements as they apply to
Delaware and EPA’s rationale for
approving these SIP revisions were
provided in the DFR and will not be
restated here. In accordance with direct
final rulemaking procedures, on July 18,
2005 (70 FR 41166), EPA also published
a companion notice of proposed
rulemaking (NPR) on these SIP revisions
inviting interested parties to comment
on the DFR. Timely adverse comments
were submitted on EPA’s July 18, 2005
DFR.
On September 16, 2005 (70 FR 54639),
due to receipt of the adverse comments
submitted in response to the DFR, EPA
published a withdrawal of the DFR. A
summary of those comments and EPA’s
responses are provided in Section II of
this document.
II. Summary of Public Comments and
EPA Responses
Comment: On July 18, 2005, a citizen
submitted adverse comments on EPA’s
DFR notice approving Delaware’s
ambient air quality standards for ozone
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
65847
Additional explanation/§ 52.2063
citation
*
52.2020(d)(1)(e).
52.2020(d)(1)(e).
52.2020(d)(1)(e).
and fine particulate matter. The
commenter states that the regulations
are not strict enough and that they leave
too much latitude for polluters to poison
and kill us. The commenter also states
that the fines and penalties for polluters
should be increased by one thousand
percent.
Response: The rulemaking at issue is
limited in scope and addresses the 1997
Federal 8-hour ozone and PM2.5
standards that Delaware incorporates
into Section 6 of Regulation 3 of the
Delaware Regulations Governing the
Control of Air Pollution. The
commenter did not submit any
supporting technical data or information
to support that the regulations are not
strict enough. Rather the commenter
makes broad statements alleging (1) that
the regulations should be more stringent
than those required under the Act, and
(2) that the fines and penalties for
polluters should be increased one
thousand percent. These comments are
not ‘‘significant comments’’ to which
EPA needs to respond. Whitman v.
American Trucking Ass’n., 531 U.S.
457, n.2 at 471 (2001) (Under the CAA,
EPA need only respond to significant
comments, i.e., comments relevant to
EPA’s decision). Mere ‘‘assertions that
in the opinions of the commenter the
Agency got it wrong,’’ are not relevant
comments warranting a response.
International Fabricare Inst. v. EPA, 972
F.2d 384, 391 (D.C. Cir. 1992). As to the
comment that the rules should be more
stringent than required under the Act,
EPA has no authority to mandate that a
State regulate more stringently than
required. Under the CAA’s bifurcated
scheme, the State is responsible for
choosing how air pollution sources
must be regulated for purposes of
attaining the national ambient air
quality standards (NAAQS) and EPA’s
role is limited in reviewing the State’s
choice to ensure it meets the minimum
statutory requirements. Here, as is clear
from the commenter’s first comment,
the commenter is not claiming that the
E:\FR\FM\01NOR1.SGM
01NOR1
65848
Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Rules and Regulations
regulations do not meet the statutory
minimum, but rather that the statute
does not require enough. EPA has no
authority to modify the statute, as
requested by the commenter nor does
EPA have authority to require the State
to regulate more stringently than
required by the statute. The CAA is
based upon ‘‘cooperative federalism,’’
which contemplates that each State will
develop its own SIP, and that States
retain a large degree of flexibility in
choosing which sources to control and
to what degree. EPA must approve a
State’s plan if it meets the ‘‘minimum
requirements of the CAA.’’ Union Elec.
Co. v. EPA, 427 U.S. 246, 264–266
(1976).
As to the commenter’s second point,
this rulemaking does not address fines
and penalties for polluters and,
therefore, is not relevant to this
rulemaking.
III. Final Action
EPA is approving the revisions to the
Delaware SIP submitted by DNREC on
April 1, 2003 to incorporate the 8-hour
ambient air quality standards for ozone
and fine particulate matter. Delaware’s
SIP revisions for the ambient air quality
standards for ozone and fine particulate
matter are consistent with the 8-hour
Federal NAAQS.
IV. Statutory and Executive Order
Reviews
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
VerDate Aug<31>2005
15:13 Oct 31, 2005
Jkt 208001
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 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
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
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 3, 2006.
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
approving the Delaware’s 8-hour
ambient air quality standards for ozone
and fine particulate matter 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, Nitrogen dioxide,
Ozone, Particulate matter, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Dated: October 21, 2005.
Donald S. Welsh,
Regional Administrator, Region III.
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart I—Delaware
2. In Section 52.420, the table in
paragraph (c) is amended by adding an
entry for Regulation 1, Section 2 after
the existing entry, and revising the
entries for Regulation 3, Sections 1, 6,
and 11 to read as follows:
I
§ 52.420
Identification of plan.
(c) EPA approved regulations.
E:\FR\FM\01NOR1.SGM
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65849
Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Rules and Regulations
EPA-APPROVED REGULATIONS IN THE DELAWARE SIP
State citation
State effective
date
Title/subject
Regulation 1
*
Section 2 ........................
*
*
*
02/11/2003
*
Regulation 3
02/11/2003
*
Section 6 ........................
*
*
*
Ozone .................................................................
02/11/2003
*
Section 11 ......................
*
*
*
PM10 and PM2.5 Particulates ............................
02/11/2003
*
*
*
*
*
*
[FR Doc. 05–21751 Filed 10–31–05; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket No. FEMA–7899]
Suspension of Community Eligibility
Department of Homeland
Security, Federal Emergency
Management Agency (FEMA),
Mitigation Division.
ACTION: Final rule.
AGENCY:
SUMMARY: This rule identifies
communities, where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP), that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If FEMA receives
documentation that the community has
VerDate Aug<31>2005
15:13 Oct 31, 2005
Jkt 208001
*
Addition of section
1.6.j.
*
*
11/1/2005 [Insert page
number where the
document begins].
*
Addition to section
6.1—‘‘This standard
shall be applicable to
New Castle and Kent
Counties.’’
Addition of section 6.2.
*
*
Frm 00023
*
11/1/2005 [Insert page
number where the
document begins].
*
11/1/2005 [Insert page
number where the
document begins].
*
Section title added
‘‘and PM2.5.’’
Addition of sections
11.2.a. and 11.2.b.
*
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date.
DATES: Effective Dates: The effective
date of each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
ADDRESSES: If you want to determine
whether a particular community was
suspended on the suspension date,
contact the appropriate FEMA Regional
Office or the NFIP servicing contractor.
FOR FURTHER INFORMATION CONTACT:
Michael M. Grimm, Mitigation Division,
500 C Street SW., Room 412,
Washington, DC 20472, (202) 646–2878.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
flood insurance which is generally not
otherwise available. In return,
communities agree to adopt and
administer local floodplain management
aimed at protecting lives and new
construction from future flooding.
Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance
PO 00000
*
Added definition of
PM2.5.
Ambient Air Quality Standards
General Provisions .............................................
*
*
11/1/2005 [Insert page
number where the
document begins].
*
Section 1 ........................
*
Additional explanation
Definitions and Administrative Principles
*
*
*
Definitions ...........................................................
*
EPA approval date
Fmt 4700
Sfmt 4700
*
*
coverage as authorized under the NFIP,
42 U.S.C. 4001 et seq.; unless an
appropriate public body adopts
adequate floodplain management
measures with effective enforcement
measures. The communities listed in
this document no longer meet that
statutory requirement for compliance
with program regulations, 44 CFR part
59 et seq. Accordingly, the communities
will be suspended on the effective date
in the third column. As of that date,
flood insurance will no longer be
available in the community. However,
some of these communities may adopt
and submit the required documentation
of legally enforceable floodplain
management measures after this rule is
published but prior to the actual
suspension date. These communities
will not be suspended and will continue
their eligibility for the sale of insurance.
A notice withdrawing the suspension of
the communities will be published in
the Federal Register.
In addition, FEMA has identified the
Special Flood Hazard Areas (SFHAs) in
these communities by publishing a
Flood Insurance Rate Map (FIRM). The
date of the FIRM, if one has been
published, is indicated in the fourth
column of the table. No direct Federal
financial assistance (except assistance
E:\FR\FM\01NOR1.SGM
01NOR1
]]>Agencies
[Federal Register Volume 70, Number 210 (Tuesday, November 1, 2005)]
[Rules and Regulations]
[Pages 65847-65849]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21751]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R03-OAR-2005-DE-0001; FRL-7992-3]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Ambient Air Quality Standard for Ozone and Fine Particulate
Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve revisions to the
Delaware State Implementation Plan (SIP). The revisions were submitted
by the Delaware Department of Natural Resources and Environmental
Control (DNREC) and consist of modifications to the ambient air quality
standards for ozone and fine particulate matter. EPA is approving these
revisions in the SIP in accordance with the Clean Air Act (CAA).
DATES: This final rule is effective on December 1, 2005.
ADDRESSES: EPA has established a docket for this action under Regional
Material in EDocket (RME) ID Number R03-OAR-2005-DE-0001. All documents
in the docket are listed in the RME index at https://docket.epa.gov/
rmepub/. Once in the system, select ``quick search,'' then key in the
appropriate RME identification number. 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 in RME 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
and 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 quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On April 1, 2003, DNREC submitted a formal SIP revision that
consists of an amendment that included the revised ambient air quality
standards for ozone and particulate matter. On July 18, 2005 (70 FR
41146), EPA published a direct final rule (DFR) approving revisions to
the Delaware's SIP. An explanation of the CAA's requirements as they
apply to Delaware and EPA's rationale for approving these SIP revisions
were provided in the DFR and will not be restated here. In accordance
with direct final rulemaking procedures, on July 18, 2005 (70 FR
41166), EPA also published a companion notice of proposed rulemaking
(NPR) on these SIP revisions inviting interested parties to comment on
the DFR. Timely adverse comments were submitted on EPA's July 18, 2005
DFR.
On September 16, 2005 (70 FR 54639), due to receipt of the adverse
comments submitted in response to the DFR, EPA published a withdrawal
of the DFR. A summary of those comments and EPA's responses are
provided in Section II of this document.
II. Summary of Public Comments and EPA Responses
Comment: On July 18, 2005, a citizen submitted adverse comments on
EPA's DFR notice approving Delaware's ambient air quality standards for
ozone and fine particulate matter. The commenter states that the
regulations are not strict enough and that they leave too much latitude
for polluters to poison and kill us. The commenter also states that the
fines and penalties for polluters should be increased by one thousand
percent.
Response: The rulemaking at issue is limited in scope and addresses
the 1997 Federal 8-hour ozone and PM2.5 standards that Delaware
incorporates into Section 6 of Regulation 3 of the Delaware Regulations
Governing the Control of Air Pollution. The commenter did not submit
any supporting technical data or information to support that the
regulations are not strict enough. Rather the commenter makes broad
statements alleging (1) that the regulations should be more stringent
than those required under the Act, and (2) that the fines and penalties
for polluters should be increased one thousand percent. These comments
are not ``significant comments'' to which EPA needs to respond. Whitman
v. American Trucking Ass'n., 531 U.S. 457, n.2 at 471 (2001) (Under the
CAA, EPA need only respond to significant comments, i.e., comments
relevant to EPA's decision). Mere ``assertions that in the opinions of
the commenter the Agency got it wrong,'' are not relevant comments
warranting a response. International Fabricare Inst. v. EPA, 972 F.2d
384, 391 (D.C. Cir. 1992). As to the comment that the rules should be
more stringent than required under the Act, EPA has no authority to
mandate that a State regulate more stringently than required. Under the
CAA's bifurcated scheme, the State is responsible for choosing how air
pollution sources must be regulated for purposes of attaining the
national ambient air quality standards (NAAQS) and EPA's role is
limited in reviewing the State's choice to ensure it meets the minimum
statutory requirements. Here, as is clear from the commenter's first
comment, the commenter is not claiming that the
[[Page 65848]]
regulations do not meet the statutory minimum, but rather that the
statute does not require enough. EPA has no authority to modify the
statute, as requested by the commenter nor does EPA have authority to
require the State to regulate more stringently than required by the
statute. The CAA is based upon ``cooperative federalism,'' which
contemplates that each State will develop its own SIP, and that States
retain a large degree of flexibility in choosing which sources to
control and to what degree. EPA must approve a State's plan if it meets
the ``minimum requirements of the CAA.'' Union Elec. Co. v. EPA, 427
U.S. 246, 264-266 (1976).
As to the commenter's second point, this rulemaking does not
address fines and penalties for polluters and, therefore, is not
relevant to this rulemaking.
III. Final Action
EPA is approving the revisions to the Delaware SIP submitted by
DNREC on April 1, 2003 to incorporate the 8-hour ambient air quality
standards for ozone and fine particulate matter. Delaware's SIP
revisions for the ambient air quality standards for ozone and fine
particulate matter are consistent with the 8-hour Federal NAAQS.
IV. Statutory and Executive Order Reviews
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 (Pub. L. 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 3, 2006. 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 approving the Delaware's 8-hour ambient air
quality standards for ozone and fine particulate matter 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, Nitrogen dioxide,
Ozone, Particulate matter, Reporting and recordkeeping requirements,
Volatile organic compounds.
Dated: October 21, 2005.
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 Section 52.420, the table in paragraph (c) is amended by adding
an entry for Regulation 1, Section 2 after the existing entry, and
revising the entries for Regulation 3, Sections 1, 6, and 11 to read as
follows:
Sec. 52.420 Identification of plan.
(c) EPA approved regulations.
[[Page 65849]]
EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
State Additional
State citation Title/subject effective date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
Regulation 1 Definitions and Administrative Principles
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 2...................... Definitions............ 02/11/2003 11/1/2005 [Insert Added definition
page number where of PM2.5.
the document
begins].
* * * * * * *
--------------------------------
Regulation 3 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Section 1...................... General Provisions..... 02/11/2003 11/1/2005 [Insert Addition of
page number where section 1.6.j.
the document
begins].
* * * * * * *
Section 6...................... Ozone.................. 02/11/2003 11/1/2005 [Insert Addition to
page number where section 6.1--
the document ``This standard
begins]. shall be
applicable to New
Castle and Kent
Counties.''
Addition of
section 6.2.
* * * * * * *
Section 11..................... PM10 and PM2.5 02/11/2003 11/1/2005 [Insert Section title
Particulates. page number where added ``and
the document PM2.5.''
begins]. Addition of
sections 11.2.a.
and 11.2.b.
--------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 05-21751 Filed 10-31-05; 8:45 am]
BILLING CODE 6560-50-P
