Approval and Promulgation of Air Quality Implementation Plans; Delaware; Amendments to the Open Burning Regulation, 53686-53687 [E7-18352]
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53686
Federal Register / Vol. 72, No. 182 / Thursday, September 20, 2007 / Rules and Regulations
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–2007–0450; FRL–8469–4]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Amendments to the Open
Burning Regulation
III. Statutory and Executive Order
Reviews
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Delaware. This
SIP revision pertains to the amendments
of Delaware’s open burning regulation.
EPA is approving this SIP revision in
accordance with the Clean Air Act.
DATES: Effective Date: This final rule is
effective on October 22, 2007.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2007–0450. 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:
rwilkins on PROD1PC63 with RULES
I. Background
On June 21, 2007 (72 FR 34207), EPA
published a notice of proposed
rulemaking (NPR) for the State of
Delaware. The NPR proposed approval
of Delaware’s open burning regulation
(Regulation No. 1113). The formal SIP
revision was submitted by the Delaware
Department of Natural Resources and
Environmental Control (DNREC) on May
2, 2007. Other specific requirements of
Delaware’s open burning regulation and
VerDate Aug<31>2005
16:42 Sep 19, 2007
Jkt 211001
II. Final Action
EPA is approving Regulation No.
1113—Open Burning as a revision to the
Delaware SIP. This SIP revision was
submitted on May 2, 2007.
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
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
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
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 19,
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, pertaining to
Delaware’s amendments to the open
burning regulation, may not be
challenged later in proceedings to
E:\FR\FM\20SER1.SGM
20SER1
53687
Federal Register / Vol. 72, No. 182 / Thursday, September 20, 2007 / Rules and Regulations
Dated: September 6, 2007.
William T. Wisniewski,
Acting Regional Administrator, Region III.
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
I
Environmental protection, Nitrogen
dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Subpart I—Delaware
2. In § 52.420, the table in paragraph
(c) is amended by revising the title and
entries for Regulation No. 13—Open
Burning to read as follows:
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
§ 52.420
*
Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS IN THE DELAWARE SIP
State citation
State effective
date
Title/subject
*
*
*
*
Regulation 1113
*
Purpose .......................................
04/11/07
Section 2.0 ...................................
Applicability ..................................
04/11/07
Section 3.0 ...................................
Definitions ....................................
04/11/07
Section 4.0 ...................................
Prohibitions and Related Provisions.
04/11/07
Section 5.0 ...................................
Season and Time Restrictions ....
04/11/07
Section 6.0 ...................................
Allowable Open Burning ..............
04/11/07
Section 7.0 ...................................
Exemptions ..................................
04/11/07
*
*
*
*
*
*
*
[FR Doc. E7–18352 Filed 9–19–07; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 07–2882; MB Docket No. 05–67; RM–
11116, RM–11342]
Radio Broadcasting Services; Clinton,
Fishers, Indianapolis, and Lawrence,
IN
Federal Communications
Commission.
ACTION: Final rule; dismissal.
AGENCY:
This Report and Order
dismisses two Counterproposals as
unacceptable for consideration. In
addition, this Report and Order
upgrades Channel 230A, Station WWFT
(FM), Fishers, Indiana, to Channel
rwilkins on PROD1PC63 with RULES
SUMMARY:
VerDate Aug<31>2005
Additional explanation
*
*
Open Burning (Formerly Regulation 13)
Section 1.0 ...................................
*
EPA approval
date
16:42 Sep 19, 2007
Jkt 211001
*
09/20/07 [Insert page
number where the document begins].
09/20/07 [Insert page
number where the document begins].
09/20/07 [Insert page
number where the document begins].
09/20/07 [Insert page
number where the document begins].
09/20/07 [Insert page
number where the document begins].
09/20/07 [Insert page
number where the document begins].
09/20/07 [Insert page
number where the document begins].
*
230B1, reallots Channel 230B1 from
Fishers to Lawrence, Indiana, as
Lawrence’s first local aural transmission
service, and modifies Station WWFT
(FM)’s license accordingly. In order to
maintain local service at Fishers, the
Report and Order reallots Channel
238B, Station WFMS (FM), from
Indianapolis to Fishers, Indiana, and
modifies Station WFMS (FM)’s license
accordingly. To accommodate the
reallotment of Channel 230B1 to
Lawrence, the Report and Order
substitutes Channel 229A for Channel
230A at Station WPFR–FM. Clinton,
Indiana, and modifies Station WPFR–
FM’s license accordingly. The Media
Bureau’s Consolidated Database System
(CDBS) reflects these changes.
ADDRESSES: Federal Communications
Commission; 445 Twelfth Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: R.
Barthen Gorman, Media Bureau, (202)
418–2180.
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
*
*
This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 05–67,
adopted June 27, 2007, and released
June 29, 2007. The full text of this
Commission decision is available for
inspection and copying during normal
business hours in the FCC’s Reference
Information Center at Portals II, 445
12th Street, SW., Room CY–A257,
Washington, DC 20554. The document
may also be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., Portals II,
445 12th Street, SW., Room CY–B402,
Washington, DC 20554, telephone 1–
800–378–3160 or https://
www.BCPIWEB.com. The Commission
will not send a copy of this Report and
Order in a report to be sent to Congress
and the Government Accountability
Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A),
because Section 73.202(b) of the
SUPPLEMENTARY INFORMATION:
E:\FR\FM\20SER1.SGM
20SER1
]]>Agencies
[Federal Register Volume 72, Number 182 (Thursday, September 20, 2007)]
[Rules and Regulations]
[Pages 53686-53687]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18352]
[[Page 53686]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2007-0450; FRL-8469-4]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Amendments to the Open Burning Regulation
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
amendments of Delaware's open burning regulation. EPA is approving this
SIP revision in accordance with the Clean Air Act.
DATES: Effective Date: This final rule is effective on October 22,
2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-0450. 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 June 21, 2007 (72 FR 34207), EPA published a notice of proposed
rulemaking (NPR) for the State of Delaware. The NPR proposed approval
of Delaware's open burning regulation (Regulation No. 1113). The formal
SIP revision was submitted by the Delaware Department of Natural
Resources and Environmental Control (DNREC) on May 2, 2007. Other
specific requirements of Delaware's open burning 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. 1113--Open Burning 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 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 19, 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, pertaining to Delaware's amendments to the
open burning regulation, may not be challenged later in proceedings to
[[Page 53687]]
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: September 6, 2007.
William T. Wisniewski,
Acting 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 and entries for Regulation No. 13--Open Burning to read as
follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Delaware SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulation 1113 Open Burning (Formerly Regulation 13)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 1.0....................... Purpose.............. 04/11/07 09/20/07 [Insert page number where the
document begins].
Section 2.0....................... Applicability........ 04/11/07 09/20/07 [Insert page number where the
document begins].
Section 3.0....................... Definitions.......... 04/11/07 09/20/07 [Insert page number where the
document begins].
Section 4.0....................... Prohibitions and 04/11/07 09/20/07 [Insert page number where the
Related Provisions. document begins].
Section 5.0....................... Season and Time 04/11/07 09/20/07 [Insert page number where the
Restrictions. document begins].
Section 6.0....................... Allowable Open 04/11/07 09/20/07 [Insert page number where the
Burning. document begins].
Section 7.0....................... Exemptions........... 04/11/07 09/20/07 [Insert page number where the
document begins].
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * 7
[FR Doc. E7-18352 Filed 9-19-07; 8:45 am]
BILLING CODE 6560-50-P
