Approval and Promulgation of Air Quality Implementation Plans; Delaware; Reasonably Available Control Technology Under the 8-Hour Ozone National Ambient Air Quality Standard, 42681-42683 [E8-16833]
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Federal Register / Vol. 73, No. 142 / Wednesday, July 23, 2008 / Rules and Regulations
Secretary of the Treasury (or his/her
delegate) to approve regulations related
to certain customs revenue functions.
List of Subjects
19 CFR Part 10
Alterations, Bonds, Customs duties
and inspection, Exports, Imports,
Preference programs, Repairs, Reporting
and recordkeeping requirements, Trade
agreements.
19 CFR Part 24
Financial and accounting procedures.
19 CFR Part 102
Customs duties and inspections,
Imports, Reporting and recordkeeping
requirements, Rules of Origin, Trade
agreements.
19 CFR Part 162
Administrative practice and
procedure, Customs duties and
inspection, Penalties, Trade agreements.
19 CFR Part 163
Administrative practice and
procedure, Customs duties and
inspection, Exports, Imports, Reporting
and recordkeeping requirements, Trade
agreements.
19 CFR Part 178
Administrative practice and
procedure, Exports, Imports, Reporting
and recordkeeping requirements.
Amendments to the CBP Regulations
Accordingly, the interim rule
amending Parts 10, 24, 102, 162, 163,
and 178 of the CBP regulations (19 CFR
Parts 10, 24, 102, 162, 163, and 178),
which was published at 72 FR 58511 on
October 16, 2007, is adopted as a final
rule with two technical corrections as
discussed above and set forth below.
I
PART 10—ARTICLES CONDITIONALLY
FREE, SUBJECT TO A REDUCED
RATE, ETC.
1. The general authority citation for
Part 10 and the specific authority for
Subpart N continue to read as follows:
I
Authority: 19 U.S.C. 66, 1202 (General
Note 3(i), Harmonized Tariff Schedule of the
United States), 1321, 1481, 1484, 1498, 1508,
1623, 1624, 3314;
*
*
*
*
*
sroberts on PROD1PC70 with RULES
Section 10.801 through 10.829 also issued
under 19 U.S.C. 1202 (General Note 30,
HTSUS) and Public Law 109–169, 119 Stat.
3581 (19 U.S.C. 3805 note).
§ 10.804
[Amended]
2. In § 10.804, paragraph (a)(2)(vi) is
amended by adding the word ‘‘the’’
immediately before the word
‘‘territory’’.
I
VerDate Aug<31>2005
16:31 Jul 22, 2008
Jkt 214001
§ 10.822
[Amended]
3. In § 10.822, paragraph (b) is
amended by removing the word ‘‘terms’’
in the first sentence and adding, in its
place, the word ‘‘term’’.
I
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and
Border Protection.
Approved: July 17, 2008.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. E8–16799 Filed 7–22–08; 8:45 am]
BILLING CODE 9111–14–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2007–0449; FRL–8696–6]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Reasonably Available
Control Technology Under the 8-Hour
Ozone National Ambient Air Quality
Standard
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
requirements in meeting the reasonably
available control technology (RACT)
under the 8-hour ozone national
ambient air quality standard (NAAQS).
These requirements are based on:
Certification that previously adopted
RACT controls in Delaware’s SIP that
were approved by EPA under the 1-hour
ozone NAAQS are based on the
currently available technically and
economically feasible controls, and that
they continue to represent RACT for the
8-hour implementation purposes; the
adoption of new or more stringent
regulations that represent RACT control
levels; and a negative declaration that
certain categories of sources do not exist
in Delaware. This action is being taken
under the Clean Air Act (CAA).
DATES: Effective Date: This final rule is
effective on August 22, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2007–0449. All
documents in the docket are listed in
the https://www.regulations.gov website.
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.
PO 00000
Frm 00011
Fmt 4700
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42681
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
https://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 May 30, 2008 (73 FR 31043), EPA
published a notice of proposed
rulemaking (NPR) for the State of
Delaware. The NPR proposed approval
of the requirements of RACT under the
8-hour ozone NAAQS. The formal SIP
revision was submitted by Delaware on
October 2, 2006. A supplement to this
SIP revision was submitted on October
5, 2006.
II. Summary of SIP Revision
Delaware’s SIP revision contains the
requirements of RACT set forth by the
CAA under the 8-hour ozone NAAQS.
Delaware’s SIP revision satisfies the 8hour RACT requirements through (1)
certification that previously adopted
RACT controls in Delaware’s SIP that
were approved by EPA under the 1-hour
ozone NAAQS are based on the
currently available technically and
economically feasible controls, and
continues to represent RACT for the 8hour implementation purposes; (2) the
adoption of new or more stringent
regulations that represent RACT control
levels; and (3) a negative declaration
that certain CTG or non-CTG major
sources of VOC and NOX sources do not
exist in Delaware. Other requirements of
the Delaware’s 8-hour RACT 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.
III. Final Action
EPA is approving the 8-hour RACT as
a revision to the Delaware SIP.
Delaware’s SIP revision contains the
requirements of RACT set forth by the
CAA under the 8-hour ozone NAAQS.
This SIP revision was submitted on
October 2, 2006 and a supplement
submittal on October 5, 2006.
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42682
Federal Register / Vol. 73, No. 142 / Wednesday, July 23, 2008 / Rules and Regulations
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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 action 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. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action 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 CAA,
petitions for judicial review of this
Applicable geographic or nonattainment area
*
*
RACT under the 8-Hour NAAQS ....
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Name of non-regulatory SIP revision
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Delaware (Statewide) ....................
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State submittal
date
10/02/2006
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action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 22, 2008. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action 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 the
Delaware’s RACT provisions under the
8-hour ozone NAAQS, 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, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: July 15, 2008.
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 § 52.420, the table in paragraph
(e) is amended by adding the entry at
the end of table for the Delaware RACT
under the 8-hour ozone NAAQS.
I
§ 52.420
*
Identification of plan.
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(e) * * *
*
*
EPA approval date
Additional explanation
*
*
[Insert FEDERAL REGISTER page
number where the document begins] 07/23/2008.
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Federal Register / Vol. 73, No. 142 / Wednesday, July 23, 2008 / Rules and Regulations
[FR Doc. E8–16833 Filed 7–22–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001;
telephone number: 703-603-0065; e-mail
address: bartow.susan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
40 CFR Part 180
A. Does this Action Apply to Me?
[EPA–HQ–OPP–2002–0302; FRL–8372–5]
Dichlorvos (DDVP); Order Denying
NRDC’s Objections and Requests for
Hearing
Environmental Protection
Agency (EPA).
ACTION: Final Order.
AGENCY:
SUMMARY: In this order, EPA denies
objections to, and requests for hearing
on, a prior order denying a petition
requesting that EPA revoke all pesticide
tolerances for dichlorvos under section
408(d) of the Federal Food, Drug, and
Cosmetic Act. The objections and
hearing requests were filed on February
1, 2008, by the Natural Resources
Defense Council (‘‘NRDC’’). The
Original petition was also filed by
NRDC.
DATES:
This order is effective July 23,
2008.
EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2002–0302. To access the
electronic docket, go to https://
www.regulations.gov, and search for the
docket number. Follow the instructions
on the regulations.gov website to view
the docket index or access available
documents. All documents in the docket
are listed in the docket index available
in regulations.gov. Although listed in
the index, some information is not
publicly available, e.g., 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 in the electronic
docket at https://www.regulations.gov,
or, if only available in hard copy, at the
OPP Regulatory Public Docket in Rm. S4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
Facility telephone number is (703) 3055805.
FOR FURTHER INFORMATION CONTACT:
Susan Bartow, Special Review and
Reregistration Division (7508P), Office
of Pesticide Programs, Environmental
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ADDRESSES:
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16:31 Jul 22, 2008
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In this document EPA denies
objections and hearing requests by the
Natural Resources Defense Council
(‘‘NRDC’’) concerning EPA’s denial of
NRDC’s petition to revoke pesticide
tolerances. This action may also be of
interest to agricultural producers, food
manufacturers, or pesticide
manufacturers. Potentially affected
entities may include, but are not limited
to those engaged in the following
activities:
• Crop production (North American
Industrial Classification System
(‘‘NAICS’’) code 111), e.g., agricultural
workers; greenhouse, nursery, and
floriculture workers; farmers.
• Animal production (NAICS code
112), e.g., cattle ranchers and farmers,
dairy cattle farmers, livestock farmers.
• Food manufacturing (NAICS code
311), e.g., agricultural workers; farmers;
greenhouse, nursery, and floriculture
workers; ranchers; pesticide applicators.
• Pesticide manufacturing (NAICS
code 32532), e.g., agricultural workers;
commercial applicators; farmers;
greenhouse, nursery, and floriculture
workers; residential users.
This listing is not intended to be
exhaustive, but rather to provide a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The NAICS codes have been
provided to assist you and others in
determining whether this action might
apply to certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Access Electronic Copies
of this Document?
In addition to accessing an electronic
copy of this Federal Register document
through the electronic docket at https://
www.regulations.gov, you may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr. You may
also access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s pilot
e-CFR site at https://www.gpoaccess.gov/
ecfr.
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42683
C. Acronyms
The following is a list of acronyms
used in this order:
CSFII - Continuing Survey of Food Intakes by
Individuals
CNS - Central Nervous System
DDVP - dichlorvos
EDSTAC - Endocrine Disruptor Screening
and Testing Advisory Committee
EPA - Environmental Protection Agency
FACA - Federal Advisory Committee Act
FDA - Food and Drug Administration
FIFRA - Federal Insecticide, Fungicide, and
Rodenticide Act
FFDCA - Federal Food, Drug, and Cosmetic
Act
FQPA - Food Quality Protection Act of 1996
HSRB - Human Studies Review Board
IRED - Interim Reregistration Eligibility
Decision
LOAEL - Lowest Observed Adverse Effect
Level
MOE - Margin of Exposure
MRID - Master Record Identification
NOAEL - No Observed Adverse Effect Level
NRDC - Natural Resources Defense Council
OECD - Organisation for Economic Cooperation and Development
PAD - Population Adjusted Dose
ppm - parts per million
RBC - red blood cell
RED - Reregistration Eligibility Decision
RfD - Reference Dose
SDWA - Safe Drinking Water Act
SOP - Standard Operating Procedure
USDA - United Stated Department of
Agriculture
II. Introduction
A. What Action Is the Agency Taking?
In this order, EPA denies objections,
and requests for a hearing on those
objections, to an earlier EPA order, (72
FR 68662 (December 5, 2007)), denying
a petition to revoke all tolerances
established for the pesticide dichlorvos
(‘‘DDVP’’) under the Federal Food, Drug,
and Cosmetic Act (‘‘FFDCA’’), 21 U.S.C.
346a. (Refs. 1 and 2). Both the objections
and hearing requests, as well as the
petition, were filed with EPA by NRDC.
NRDC’s petition, filed on June 2,
2006, pursuant to FFDCA section
408(d)(1), asserted numerous grounds as
to why the DDVP tolerances allegedly
fail to meet the FFDCA’s safety
standard. This petition was filed as EPA
was completing its reassessment of the
safety of the DDVP tolerances pursuant
to FFDCA section 408(q). (Ref. 3). In
response to the petition, EPA undertook
an extensive review of its DDVP safety
evaluation in the tolerance reassessment
decision. Based on certain concerns
raised by NRDC, EPA determined it was
necessary to incorporate updated data
on numerous points and to adopt
revised and more conservative
assumptions, in its DDVP risk
assessments. This led to complete
revisions of both EPA’s assessments of
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Agencies
[Federal Register Volume 73, Number 142 (Wednesday, July 23, 2008)]
[Rules and Regulations]
[Pages 42681-42683]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16833]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2007-0449; FRL-8696-6]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Reasonably Available Control Technology Under the 8-Hour
Ozone National Ambient Air Quality Standard
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
requirements in meeting the reasonably available control technology
(RACT) under the 8-hour ozone national ambient air quality standard
(NAAQS). These requirements are based on: Certification that previously
adopted RACT controls in Delaware's SIP that were approved by EPA under
the 1-hour ozone NAAQS are based on the currently available technically
and economically feasible controls, and that they continue to represent
RACT for the 8-hour implementation purposes; the adoption of new or
more stringent regulations that represent RACT control levels; and a
negative declaration that certain categories of sources do not exist in
Delaware. This action is being taken under the Clean Air Act (CAA).
DATES: Effective Date: This final rule is effective on August 22, 2008.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-0449. All documents in the docket are listed in
the https://www.regulations.gov website. 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 https://
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 May 30, 2008 (73 FR 31043), EPA published a notice of proposed
rulemaking (NPR) for the State of Delaware. The NPR proposed approval
of the requirements of RACT under the 8-hour ozone NAAQS. The formal
SIP revision was submitted by Delaware on October 2, 2006. A supplement
to this SIP revision was submitted on October 5, 2006.
II. Summary of SIP Revision
Delaware's SIP revision contains the requirements of RACT set forth
by the CAA under the 8-hour ozone NAAQS. Delaware's SIP revision
satisfies the 8-hour RACT requirements through (1) certification that
previously adopted RACT controls in Delaware's SIP that were approved
by EPA under the 1-hour ozone NAAQS are based on the currently
available technically and economically feasible controls, and continues
to represent RACT for the 8-hour implementation purposes; (2) the
adoption of new or more stringent regulations that represent RACT
control levels; and (3) a negative declaration that certain CTG or non-
CTG major sources of VOC and NOX sources do not exist in
Delaware. Other requirements of the Delaware's 8-hour RACT 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.
III. Final Action
EPA is approving the 8-hour RACT as a revision to the Delaware SIP.
Delaware's SIP revision contains the requirements of RACT set forth by
the CAA under the 8-hour ozone NAAQS. This SIP revision was submitted
on October 2, 2006 and a supplement submittal on October 5, 2006.
[[Page 42682]]
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 22, 2008. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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 the Delaware's RACT provisions under the
8-hour ozone NAAQS, 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, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: July 15, 2008.
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 (e) is amended by adding the
entry at the end of table for the Delaware RACT under the 8-hour ozone
NAAQS.
Sec. 52.420 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State Additional
revision or nonattainment area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
RACT under the 8-Hour NAAQS....... Delaware (Statewide). 10/02/2006 [Insert Federal ..............
Register page number
where the document
begins] 07/23/2008.
----------------------------------------------------------------------------------------------------------------
[[Page 42683]]
[FR Doc. E8-16833 Filed 7-22-08; 8:45 am]
BILLING CODE 6560-50-P