Approval and Promulgation of Air Quality Implementation Plans; Delaware; Control of Stationary Generator Emissions, 11845-11846 [E8-4256]

Download as PDF Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Proposed Rules 11845 APPENDIX—Continued REGULATORY REVIEW MODIFIED TEN-YEAR SCHEDULE 16 CFR PART TOPIC YEAR TO REVIEW 240 251 310 801 802 803 304 309 314 315 316 456 603 610 611 613 614 698 460 682 410 312 18 305 311 436 Guides for Advertising Allowances and Other Merchandising Payments and Services .......................................... Guide Concerning Use of the Word ‘‘Free’’ and Similar Representations ............................................................... Telemarketing Sales Rule ......................................................................................................................................... Hart-Scott-Rodino Antitrust Improvements Act Coverage Rules .............................................................................. Hart-Scott-Rodino Antitrust Improvements Act Exemption Rules ............................................................................ Hart-Scott-Rodino Antitrust Improvements Act Transmittal Rules ........................................................................... Rules and Regulations under the Hobby Protection Act .......................................................................................... Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles ....................................................... Standards for Safeguarding Customer Information .................................................................................................. Contact Lens Rule .................................................................................................................................................... Rules Implementing the CAN-SPAM Act of 2003 .................................................................................................... Ophthalmic Practice Rules ........................................................................................................................................ Fair Credit Reporting Act (FCRA) Rules - Definitions .............................................................................................. FCRA Rules - Free Annual File Disclosures ............................................................................................................ FCRA Rules - Prohibition Against Circumventing Treatment as a Nationwide Consumer Reporting Agency ........ FCRA Rules - Duration of Active Duty Alerts ........................................................................................................... FCRA Rules - Appropriate Proof of Identity ............................................................................................................. FCRA Rules - Summaries, Notices, and Forms ....................................................................................................... Labeling and Advertising of Home Insulation ........................................................................................................... FCRA Rules - Disposal of Consumer Report Information and Records .................................................................. Deceptive Advertising as to Sizes of Viewable Pictures Shown by Television Receiving Sets .............................. Children’s Online Privacy Protection Rule ................................................................................................................ Guides for the Nursery Industry ................................................................................................................................ Appliance Labeling Rule ........................................................................................................................................... Test Procedures and Labeling Standards for Recycled Oil ..................................................................................... Disclosure Requirements and Prohibitions Concerning Franchising ....................................................................... 2012 2012 2013 2013 2013 2013 2014 2014 2014 2015 2015 2015 2015 2015 2015 2015 2015 2015 2016 2016 2017 2017 2018 2018 2018 2018 [FR Doc. E8–4195 Filed 3–4–08: 8:45 am] BILLING CODE: 6750–01–S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2007–1188; FRL–8537–5] Approval and Promulgation of Air Quality Implementation Plans; Delaware; Control of Stationary Generator Emissions Environmental Protection Agency (EPA). ACTION: Proposed rule. yshivers on PROD1PC62 with PROPOSALS AGENCY: SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Delaware. This SIP revision contains provisions to control emissions from stationary generators. This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before April 4, 2008. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2007–1188 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. VerDate Aug<31>2005 14:23 Mar 04, 2008 Jkt 214001 B. E-mail: fernandez.cristina@epa.gov. C. Mail: EPA–R03–OAR–2007–1188, Cristina Fernandez, Chief, Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previouslylisted EPA Region III address. Such 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–2007– 1188. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at 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 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 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 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. E:\FR\FM\05MRP1.SGM 05MRP1 11846 Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Proposed Rules 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 19901. FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814–2182, or by e-mail at quinto.rose@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On November 1, 2007, the Delaware Department of Natural Resources and Environmental Control (DNREC) submitted a SIP revision for Regulation No. 1144—Control of Stationary Generator Emissions. The SIP revision applies to new, existing, emergency, and distributed stationary generators. II. Summary of SIP Revision Regulation No. 1144 will impact any owner of a stationary generator, except the owner of any of the following: mobile generator; residential generator for emergency power use only; certain generators whose emissions are already controlled; or generators with a standby power rating of 10 kilowatts or less. Regulation No. 1144 establishes operating requirements, fuel sulfur content limits, and recordkeeping requirements for stationary generators. The regulation will also require stationary generators which operate at times other than during emergencies for testing or for maintenance to meet certain emission standards to reduce their emissions. yshivers on PROD1PC62 with PROPOSALS III. Proposed Action EPA is proposing to approve the Delaware SIP revision for Regulation No. 1144—Control of Stationary Generator Emissions submitted on November 1, 2007. This regulation will help ensure that the air emissions from new and existing stationary generators do not cause or contribute to the existing air quality problems with regard to ground-level ozone and fine particulate matter, thereby adversely impacting public health, safety and welfare. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. IV. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed 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, VerDate Aug<31>2005 14:23 Mar 04, 2008 Jkt 214001 Distribution, or Use’’ (66 FR 28355 (May 22, 2001)). This 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.). 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). This proposed rule also does 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), nor will it 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), because it merely proposes to approve 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 proposed rule also is not subject to Executive Order 13045 (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. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this proposed rule, PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the ‘‘Attorney General’s Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings’’ issued under the executive order. This proposed rule pertaining to Delaware’s control of stationary generator emissions, does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: February 25, 2008. Donald S. Welsh, Regional Administrator, Region III. [FR Doc. E8–4256 Filed 3–4–08; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [Docket No. EPA–R02–OAR–2008–0005; FRL–8537–8] Approval and Promulgation of Implementation Plans; Motor Vehicle Emissions Budgets; State of New Jersey Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of New Jersey. This revision updates the direct PM2.5 and NOX motor vehicle emissions budgets for Mercer County, located within the New Jersey portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT, PM2.5 nonattainment area. The intended effect of this rulemaking is to approve budgets that will be used to determine transportation conformity. DATES: Comments must be received on or before April 4, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R02– E:\FR\FM\05MRP1.SGM 05MRP1

Agencies

[Federal Register Volume 73, Number 44 (Wednesday, March 5, 2008)]
[Proposed Rules]
[Pages 11845-11846]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4256]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-1188; FRL-8537-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Control of Stationary Generator Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the State of Delaware. This SIP revision contains 
provisions to control emissions from stationary generators. This action 
is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before April 4, 2008.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-1188 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: fernandez.cristina@epa.gov.
    C. Mail: EPA-R03-OAR-2007-1188, Cristina Fernandez, Chief, Air 
Quality Planning Branch, Mailcode 3AP21, 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 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-
2007-1188. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at 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 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.

[[Page 11846]]

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 19901.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at quinto.rose@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On November 1, 2007, the Delaware Department of Natural Resources 
and Environmental Control (DNREC) submitted a SIP revision for 
Regulation No. 1144--Control of Stationary Generator Emissions. The SIP 
revision applies to new, existing, emergency, and distributed 
stationary generators.

II. Summary of SIP Revision

    Regulation No. 1144 will impact any owner of a stationary 
generator, except the owner of any of the following: mobile generator; 
residential generator for emergency power use only; certain generators 
whose emissions are already controlled; or generators with a standby 
power rating of 10 kilowatts or less. Regulation No. 1144 establishes 
operating requirements, fuel sulfur content limits, and recordkeeping 
requirements for stationary generators. The regulation will also 
require stationary generators which operate at times other than during 
emergencies for testing or for maintenance to meet certain emission 
standards to reduce their emissions.

III. Proposed Action

    EPA is proposing to approve the Delaware SIP revision for 
Regulation No. 1144--Control of Stationary Generator Emissions 
submitted on November 1, 2007. This regulation will help ensure that 
the air emissions from new and existing stationary generators do not 
cause or contribute to the existing air quality problems with regard to 
ground-level ozone and fine particulate matter, thereby adversely 
impacting public health, safety and welfare. EPA is soliciting public 
comments on the issues discussed in this document. These comments will 
be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed 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 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.). 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). This proposed rule also does 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), nor will it 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), because it 
merely proposes to approve 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 
proposed rule also is not subject to Executive Order 13045 (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.
    As required by section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996), in issuing this proposed rule, EPA has taken the 
necessary steps to eliminate drafting errors and ambiguity, minimize 
potential litigation, and provide a clear legal standard for affected 
conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 
15, 1988) by examining the takings implications of the rule in 
accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the executive order. This proposed rule pertaining to Delaware's 
control of stationary generator emissions, does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Ozone, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: February 25, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
 [FR Doc. E8-4256 Filed 3-4-08; 8:45 am]
BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.