Approval and Promulgation of Air Quality Implementation Plans; Delaware; Control of VOC Emissions From Crude Oil Lightering Operations, 52285-52286 [E7-17872]
Download as PDF
52285
Federal Register / Vol. 72, No. 177 / Thursday, September 13, 2007 / Rules and Regulations
EPA-APPROVED KENTUCKY REGULATIONS—Continued
State citation
*
State
effective
date
Title/subject
*
*
*
*
[FR Doc. E7–17628 Filed 9–12–07; 8:45 am]
SUPPLEMENTARY INFORMATION:
BILLING CODE 6560–50–P
I. Background
On July 3, 2007 (72 FR 36402), EPA
published a notice of proposed
rulemaking (NPR) for the State of
Delaware. The NPR proposed approval
of Delaware’s regulation for crude oil
lightering operations (Regulation No.
1124, Section 46). The formal SIP
revision was submitted by the Delaware
Department of Natural Resources and
Environmental Control (DNREC) on May
2, 2007. Requirements of Delaware’s
regulation 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.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2007–0451; FRL–8465–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Control of VOC Emissions
From Crude Oil Lightering Operations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
ebenthall on PRODPC61 with RULES
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Delaware. This
SIP revision pertains to the control of
volatile organic compound (VOC)
emissions from crude oil lightering
operations. EPA is approving this SIP
revision in accordance with the Clean
Air Act.
DATES: Effective Date: This final rule is
effective on October 15, 2007.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2007–0451. All
documents in the docket are listed in
the www.regulations.gov Web site.
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
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
quinto.rose@epa.gov.
VerDate Aug<31>2005
14:25 Sep 12, 2007
Jkt 211001
II. Final Action
EPA is approving Regulation No.
1124, Section 46—Crude Oil Lightering
Operations, as a revision to the
Delaware SIP. This SIP revision was
submitted on May 2, 2007.
III. 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
PO 00000
Frm 00005
Fmt 4700
EPA approval date
Sfmt 4700
*
Explanation
*
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 requirement, 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 approves a state rule
implementing a Federal standard.
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
E:\FR\FM\13SER1.SGM
13SER1
52286
Federal Register / Vol. 72, No. 177 / Thursday, September 13, 2007 / Rules and Regulations
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).
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
Delaware’s regulation for crude oil
lightering operations, may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
Dated: August 30, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
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 November 13,
2007. Filing a petition for
reconsideration by the Administrator of
List of Subjects in 40 CFR Part 52
I
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 § 52.420, the table in paragraph
(c) is amended by revising the title for
Regulation No. 24—Control of Volatile
Organic Compound Emissions and
adding Section 46 to read as follows:
Environmental protection, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
§ 52.420
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS IN THE DELAWARE SIP
State citation
Title/subject
*
*
State effective date
*
*
EPA approval date
*
*
Additional
explanation
*
Regulation No. 1124—Control of Volatile Organic Compound Emissions (Formerly Regulation No. 24)
*
*
*
Section 46 ....................................
*
*
*
*
*
*
[FR Doc. E7–17872 Filed 9–12–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2007–0293; FRL–8464–4]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
VOC Emissions From Fuel Grade
Ethanol Production Operations
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
ebenthall on PRODPC61 with RULES
AGENCY:
SUMMARY: EPA is approving a March 30,
2007, request from the Indiana
Department of Environmental
Management (IDEM) to revise the
Indiana State Implementation Plan (SIP)
by adding a volatile organic compound
(VOC) rule for fuel grade ethanol
production at dry mills. This rule
VerDate Aug<31>2005
14:25 Sep 12, 2007
*
Crude Oil Lightering Operations
*
*
*
Jkt 211001
05/11/07
*
*
09/13/07 [Insert page number
where the document begins].
*
revision creates an industry-specific
Best Available Control Technology
(BACT) standard for new fuel grade
ethanol production dry mills that
replaces the otherwise required case-bycase SIP BACT determination for new
facilities with the potential to emit 25
tons or more of VOC per year. The
benefit of this rule is that establishing
specific standards in place of a case-bycase analysis improves the clarity,
predictability, and timeliness of certain
State permit decisions.
This direct final rule will be
effective November 13, 2007, unless
EPA receives adverse comments by
October 15, 2007. If adverse comments
are received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2007–0293, by one of the
following methods:
ADDRESSES:
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
*
*
*
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: mooney.john@epa.gov.
3. Fax: (312) 886–5824.
4. Mail: John M. Mooney, Chief,
Criteria Pollutant Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney,
Chief, Criteria Pollutant Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2007–
0293. EPA’s policy is that all comments
E:\FR\FM\13SER1.SGM
13SER1
Agencies
[Federal Register Volume 72, Number 177 (Thursday, September 13, 2007)]
[Rules and Regulations]
[Pages 52285-52286]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17872]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2007-0451; FRL-8465-9]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Control of VOC Emissions From Crude Oil Lightering Operations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Delaware. This SIP revision pertains to the
control of volatile organic compound (VOC) emissions from crude oil
lightering operations. EPA is approving this SIP revision in accordance
with the Clean Air Act.
DATES: Effective Date: This final rule is effective on October 15,
2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-0451. All documents in the docket are listed in
the www.regulations.gov Web site. 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 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 quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 3, 2007 (72 FR 36402), EPA published a notice of proposed
rulemaking (NPR) for the State of Delaware. The NPR proposed approval
of Delaware's regulation for crude oil lightering operations
(Regulation No. 1124, Section 46). The formal SIP revision was
submitted by the Delaware Department of Natural Resources and
Environmental Control (DNREC) on May 2, 2007. Requirements of
Delaware's regulation 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. 1124, Section 46--Crude Oil
Lightering Operations, as a revision to the Delaware SIP. This SIP
revision was submitted on May 2, 2007.
III. 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
requirement, 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 approves a state rule implementing a Federal
standard.
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
[[Page 52286]]
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 November 13, 2007. 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 Delaware's regulation for crude
oil lightering operations, 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, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: August 30, 2007.
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 (c) is amended by revising
the title for Regulation No. 24--Control of Volatile Organic Compound
Emissions and adding Section 46 to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
State effective Additional
State citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Regulation No. 1124--Control of Volatile Organic Compound Emissions (Formerly Regulation No. 24)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 46....................... Crude Oil Lightering 05/11/07 09/13/07 [Insert
Operations. page number where
the document
begins].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E7-17872 Filed 9-12-07; 8:45 am]
BILLING CODE 6560-50-P