State Operating Permit Programs; Delaware; Amendments to the Definition of “a major source”, 70702-70703 [E6-20642]

Download as PDF 70702 Federal Register / Vol. 71, No. 234 / Wednesday, December 6, 2006 / Proposed Rules Regulatory Flexibility Act This proposed action merely proposes to approve state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this proposed 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.). Unfunded Mandates Reform Act Because this rule proposes to approve 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). Executive Order 13132 Federalism 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 proposes to approve 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. Executive Order 13175 Consultation and Coordination With Indian Tribal Governments PWALKER on PRODPC60 with PROPOSALS This proposed 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). Executive Order 13045 Protection of Children From Environmental Health and Safety Risks 16:05 Dec 05, 2006 Jkt 211001 Because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 or a ‘‘significant regulatory action,’’ 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). National Technology Transfer Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), 15 U.S.C. 272, requires Federal agencies to use technical standards that are developed or adopted by voluntary consensus to carry out policy objectives, so long as such standards are not inconsistent with applicable law or otherwise impractical. In reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Absent a prior existing requirement for the state to use voluntary consensus standards, EPA has no authority to disapprove a SIP submission for failure to use such standards, and it would thus be inconsistent with applicable law for EPA to use voluntary consensus standards in place of a program submission that otherwise satisfies the provisions of the Clean Air Act. Therefore, the requirements of section 12(d) of the NTTA do not apply. 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 21, 2006. Mary A. Gade, Regional Administrator, Region 5. [FR Doc. E6–20638 Filed 12–5–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 70 [FDMS Docket No. EPA–R03–OAR–2006– 0933; FRL–8252–4] This proposed 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. VerDate Aug<31>2005 Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use State Operating Permit Programs; Delaware; Amendments to the Definition of ‘‘a major source’’ Environmental Protection Agency (EPA). AGENCY: PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 ACTION: Proposed rule. SUMMARY: EPA proposes to approve an amendment to the State of Delaware’s operating permit program to correct the definition of ‘‘a major source.’’ This amendment would change the definition of ‘‘a major source’’ by removing the phrase ‘‘but only with respect to those air pollutants that have been regulated for that category’’ from the Regulation No. 30 (Title V) definition of a major source, as it applies to these Federal standards. This would require all fugitive emissions to be included in major source determination for sources subject to Federal New Source Performance Standards (NSPS) or the National Emissions Standards for Hazardous Air Pollutants standards (NESHAPs), not just the pollutants regulated by the particular NSPS or NESHAP. This amendment is necessary to make the current definition as stringent as the corresponding provision of the Title V regulations, which went into effect on November 27, 2001. This change will make this aspect of Regulation No. 30 consistent with Federal rule. In the Final Rules section of this Federal Register, EPA is approving the State’s amendment to its operating permit program as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. The EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. DATES: Comments must be received in writing by January 5, 2007. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2006–0933 by one of the following methods: A. http://www.regulations.gov. Follow the on-line instructions for submitting comments. B. E-mail: campbell.dave@epa.gov. C. Mail: EPA–R03–OAR–2006–0933, David Campbell, Chief, Permits and Technical Assessment Branch, Mailcode 3AP11, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previouslylisted EPA Region III address. Such E:\FR\FM\06DEP1.SGM 06DEP1 PWALKER on PRODPC60 with PROPOSALS Federal Register / Vol. 71, No. 234 / Wednesday, December 6, 2006 / Proposed Rules deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R03–OAR–2006– 0933. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at http:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or e-mail. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., 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 http:// www.regulations.gov or in hard copy 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. VerDate Aug<31>2005 16:05 Dec 05, 2006 Jkt 211001 FOR FURTHER INFORMATION CONTACT: Rosemarie Nino, (215) 814–3377, or by e-mail at nino.rose@epa.gov. SUPPLEMENTARY INFORMATION: For further information, please see the information provided in the direct final action, with the same title, that is located in the ‘‘Rules and Regulations’’ section of this Federal Register publication. This action approves an amendment to the Delaware Title V operating permit program to correct the definition of a ‘‘major source.’’ Dated: November 21, 2006. William T. Wisniewski, Acting Regional Administrator, Region III. [FR Doc. E6–20642 Filed 12–5–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2006–0731; FRL–8104–1] Diphenylamine; Proposed Pesticide Tolerance Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: This document proposes to establish a tolerance for residues of diphenylamine in or on pear under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). DATES: Comments must be received on or before February 5, 2007. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2006–0731, by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Office of Pesticide Programs (OPP) Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001. • Delivery: OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only accepted during the Docket’s normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket telephone number is (703) 305– 5805. Instructions: Direct your comments to docket ID number EPA–HQ–OPP–2006– PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 70703 0731. EPA’s policy is that all comments received will be included in the docket without change and may be made available on-line at http:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or email. The Federal regulations.gov website is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the docket index. Although listed in the index, some information is not publicly available, e.g., 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 in the electronic docket at http:// www.regulations.gov, or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket telephone number is (703) 305–5805. FOR FURTHER INFORMATION CONTACT: Shaja R. Brothers, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave, NW., Washington, DC 20460–0001; telephone number: (703) 308–3194; e-mail address: brothers.shaja@epa.gov. E:\FR\FM\06DEP1.SGM 06DEP1

Agencies

[Federal Register Volume 71, Number 234 (Wednesday, December 6, 2006)]
[Proposed Rules]
[Pages 70702-70703]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20642]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[FDMS Docket No. EPA-R03-OAR-2006-0933; FRL-8252-4]


State Operating Permit Programs; Delaware; Amendments to the 
Definition of ``a major source''

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA proposes to approve an amendment to the State of 
Delaware's operating permit program to correct the definition of ``a 
major source.'' This amendment would change the definition of ``a major 
source'' by removing the phrase ``but only with respect to those air 
pollutants that have been regulated for that category'' from the 
Regulation No. 30 (Title V) definition of a major source, as it applies 
to these Federal standards. This would require all fugitive emissions 
to be included in major source determination for sources subject to 
Federal New Source Performance Standards (NSPS) or the National 
Emissions Standards for Hazardous Air Pollutants standards (NESHAPs), 
not just the pollutants regulated by the particular NSPS or NESHAP. 
This amendment is necessary to make the current definition as stringent 
as the corresponding provision of the Title V regulations, which went 
into effect on November 27, 2001. This change will make this aspect of 
Regulation No. 30 consistent with Federal rule. In the Final Rules 
section of this Federal Register, EPA is approving the State's 
amendment to its operating permit program as a direct final rule 
without prior proposal because the Agency views this as a 
noncontroversial submittal and anticipates no adverse comments. A 
detailed rationale for the approval is set forth in the direct final 
rule. If no adverse comments are received in response to this action, 
no further activity is contemplated. If EPA receives adverse comments, 
the direct final rule will be withdrawn and all public comments 
received will be addressed in a subsequent final rule based on this 
proposed rule. The EPA will not institute a second comment period. Any 
parties interested in commenting on this action should do so at this 
time.

DATES: Comments must be received in writing by January 5, 2007.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2006-0933 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: campbell.dave@epa.gov.
    C. Mail: EPA-R03-OAR-2006-0933, David Campbell, Chief, Permits and 
Technical Assessment Branch, Mailcode 3AP11, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such

[[Page 70703]]

deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2006-0933. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov 
or e-mail. The www.regulations.gov Web site is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
www.regulations.gov, your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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 http://
www.regulations.gov or in hard copy 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: Rosemarie Nino, (215) 814-3377, or by 
e-mail at nino.rose@epa.gov.

SUPPLEMENTARY INFORMATION: For further information, please see the 
information provided in the direct final action, with the same title, 
that is located in the ``Rules and Regulations'' section of this 
Federal Register publication. This action approves an amendment to the 
Delaware Title V operating permit program to correct the definition of 
a ``major source.''

    Dated: November 21, 2006.
William T. Wisniewski,
Acting Regional Administrator, Region III.
 [FR Doc. E6-20642 Filed 12-5-06; 8:45 am]
BILLING CODE 6560-50-P