Approval and Promulgation of Air Quality Implementation Plans; Delaware; Amendment to Electric Generating Unit Multi-Pollutant Regulation, 12449-12451 [2010-5581]
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emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Rules and Regulations
Express Mail & Priority Mail Contract
6
(MC2009–31
and
CP2009–42)
Express Mail & Priority Mail Contract
7
(MC2009–32
and
CP2009–43)
Express Mail & Priority Mail Contract
8
(MC2009–33
and
CP2009–44)
Parcel Select & Parcel Return Service Contract 1 (MC2009–11 and
CP2009–13)
Parcel Select & Parcel Return Service Contract 2 (MC2009–40 and
CP2009–61)
Parcel Return Service Contract 1
(MC2009–1 and CP2009–2)
Priority Mail Contract 1 (MC2008–
8 and CP2008–26)
Priority Mail Contract 2 (MC2009–
2 and CP2009–3)
Priority Mail Contract 3 (MC2009–
4 and CP2009–5)
Priority Mail Contract 4 (MC2009–
5 and CP2009–6)
Priority Mail Contract 5 (MC2009–
21 and CP2009–26)
Priority Mail Contract 6 (MC2009–
25 and CP2009–30)
Priority Mail Contract 7 (MC2009–
25 and CP2009–31)
Priority Mail Contract 8 (MC2009–
25 and CP2009–32)
Priority Mail Contract 9 (MC2009–
25 and CP2009–33)
Priority
Mail
Contract
10
(MC2009–25 and CP2009–34)
Priority
Mail
Contract
11
(MC2009–27 and CP2009–37)
Priority
Mail
Contract
12
(MC2009–28 and CP2009–38)
Priority
Mail
Contract
13
(MC2009–29 and CP2009–39)
Priority
Mail
Contract
14
(MC2009–30 and CP2009–40)
Priority
Mail
Contract
15
(MC2009–35 and CP2009–54)
Priority
Mail
Contract
16
(MC2009–36 and CP2009–55)
Priority
Mail
Contract
17
(MC2009–37 and CP2009–56)
Priority
Mail
Contract
18
(MC2009–42 and CP2009–63)
Priority
Mail
Contract
19
(MC2010–1 and CP2010–1)
Priority
Mail
Contract
20
(MC2010–2 and CP2010–2)
Priority
Mail
Contract
21
(MC2010–3 and CP2010–3)
Priority
Mail
Contract
22
(MC2010–4 and CP2010–4)
Priority
Mail
Contract
23
(MC2010–9 and CP2010–9)
Priority
Mail
Contract
24
(MC2010–15 and CP2010–15)
Outbound International
Direct Entry Parcels Contracts
Direct
Entry
Parcels
1
(MC2009–26 and CP2009–
36)
Global Direct Contracts (MC2009–
9, CP2009–10, and CP2009–11)
Global
Direct
Contracts
1
(MC2010–17 and CP2010–18)
Global Expedited Package Services
(GEPS) Contracts
VerDate Nov<24>2008
15:08 Mar 15, 2010
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GEPS 1 (CP2008–5, CP2008–
11, CP2008–12, CP2008–13,
CP2008–18,
CP2008–19,
CP2008–20,
CP2008–21,
CP2008–22, CP2008–23, and
CP2008–24)
Global
Expedited
Package
Services 2 (CP2009–50)
Global Plus Contracts
Global Plus 1 (CP2008–8,
CP2008–46 and CP2009–47)
Global Plus 2 (MC2008–7,
CP2008–48 and CP2008–49)
Inbound International
Inbound Direct Entry Contracts
with Foreign Postal Administrations
Inbound Direct Entry Contracts with Foreign Postal
Administrations (MC2008–6,
CP2008–14 and MC2008–15)
Inbound Direct Entry Contracts with Foreign Postal
Administrations 1 (MC2008–
6 and CP2009–62)
International Business Reply Service Competitive Contract 1
(MC2009–14 and CP2009–20)
International Business Reply Service Competitive Contract 2
(MC2010–18, CP2010–21 and
CP2010–22)
Competitive Product Descriptions
Express Mail
Express Mail
Outbound International Expedited
Services
Inbound International Expedited
Services
Priority
Priority Mail
Outbound Priority Mail International
Inbound Air Parcel Post
Parcel Select
Parcel Return Service
International
International Priority Airlift (IPA)
International Surface Airlift (ISAL)
International Direct Sacks—M–
Bags
Global Customized Shipping Services
International Money Transfer Service
Inbound Surface Parcel Post (at
non-UPU rates)
International Ancillary Services
International Certificate of Mailing
International Registered Mail
International Return Receipt
International Restricted Delivery
International Insurance
Negotiated Service Agreements
Domestic
Outbound International
Part C—Glossary of Terms and Conditions [Reserved]
Part D—Country Price Lists for International Mail [Reserved]
[FR Doc. 2010–5636 Filed 3–15–10; 8:45 am]
BILLING CODE 7710–FW–S
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12449
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2009–0804; FRL–9127–2]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Amendment to Electric
Generating Unit Multi-Pollutant
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. The
revision is an amendment to the Electric
Generating Unit Multi-Pollutant
Regulation of Delaware’s Administrative
Code, and it modifies the sulfur dioxide
(SO2) mass emissions limit associated
with Conectiv Edge Moor Unit 5
beginning in calendar year 2009. This
action is being taken under the Clean
Air Act (CAA or the Act).
DATES: Effective Date: This final rule is
effective on April 15, 2010.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2009–0804. All
documents in the docket are listed in
the https://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
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 and Environmental
Control, 89 Kings Highway, P.O. Box
1401, Dover, Delaware 19901.
FOR FURTHER INFORMATION CONTACT:
Irene Shandruk, (215) 814–2166, or by
e-mail at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On January 5, 2010 (75 FR 2), EPA
published a notice of proposed
rulemaking (NPR) for the State of
Delaware. The NPR proposed approval
of Delaware’s SIP revision pertaining to
E:\FR\FM\16MRR1.SGM
16MRR1
12450
Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Rules and Regulations
Regulation No. 1146—Electric
Generating Unit (EGU) Multi-Pollutant
Regulation. The regulation was adopted
in order to impose lower emissions
limits of nitrogen oxides (NOX) and SO2
in order to help Delaware attain and
maintain the national ambient air
quality standards (NAAQS) for ozone
and fine particulate matter (PM2.5), as
well as to assist Delaware in achieving
the emissions reductions needed to
support the State’s 8-hour ozone
reasonable further progress plan (RFP).
The formal SIP revision was submitted
by the Delaware Department of Natural
Resources and Environmental Control
(DNREC) November 16, 2006. No
comments were received on the NPR.
II. Summary of SIP Revision
On October 7, 2009, EPA received a
SIP revision to amend Regulation No.
1146. This SIP revision was the result of
a settlement agreement between
Conectiv Delmarva Generating, Inc. and
DNREC in December 2008. Conectiv had
filed an appeal challenging the
regulation for their Edge Moor 5 facility.
The emissions limit of 2,427 tons per
year limited the facility from operating
in extreme circumstances in the event
that failure at other production units
would require them to exceed that limit
in order to supply the needed
electricity. The limit of 4,600 tons per
year was determined to be an adequate
limit after an analysis of the facility’s
history of operation and the estimate of
future operations using the low sulfur
(0.5%) residual fuel to generate
electricity at the 446 megawatt oil-fired
steam generating unit. Currently, the
facility operates at a 10% capacity
factor. If so required, the new emissions
limit would allow the facility to operate
at a 45% capacity factor.
The Delaware Department of Natural
Resources and Environmental Control
requested that a revision to the State’s
SIP concerning an amendment, which
modifies the SO2 mass emissions limit
associated with Conectiv Edge Moor
Unit 5, be approved.
emcdonald on DSK2BSOYB1PROD with RULES
III. Final Action
Delaware has met the requirements
concerning an amendment to the
Electric Generating Unit Multi-Pollutant
Regulation of Delaware’s Administrative
Code, which modifies the SO2 mass
emissions limit associated with
Conectiv Edge Moor Unit 5. The
purpose of this revision is to assist
Delaware in achieving the emissions
reductions needed to support the State’s
8-hour ozone RFP, and therefore, EPA is
approving it.
VerDate Nov<24>2008
15:08 Mar 15, 2010
Jkt 220001
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act 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 Clean Air Act.
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 Clean Air Act;
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
PO 00000
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Sfmt 4700
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 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 May 17, 2010.
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
approving Delaware’s SIP revision
pertaining to an amendment to the
Electric Generating Unit Multi-Pollutant
Regulation of Delaware’s Administrative
Code, which modifies the SO2 mass
emissions limit associated with
Conectiv Edge Moor Unit 5, 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,
Particulate matter, and Sulfur oxides.
Dated: February 25, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
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Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Rules and Regulations
1146 by removing the entry for Table II
and adding the entry for Table 5–1 to
read as follows:
Subpart I—Delaware
2. In § 52.420, the table in paragraph
(c) is amended under Regulation No.
■
§ 52.420
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS IN THE DELAWARE SIP
State citation
Title/subject
*
*
*
Regulation No. 1146
*
*
Table 5–1 (Formerly Table II)
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 98
[EPA–HQ–OAR–2008–0508; FRL–9127–6]
RIN 2060–AQ15
Mandatory Reporting of Greenhouse
Gases: Minor Harmonizing Changes to
the General Provisions
emcdonald on DSK2BSOYB1PROD with RULES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking direct final
action to amend the general provisions
for the Mandatory Greenhouse Gas
(GHG) Reporting Rule. The amendments
do not change the requirements of the
regulation for facilities and suppliers
covered by the 2009 final rule. Rather,
the amendments are minor changes to
the format of several sections of the
general provisions to accommodate the
addition of new subparts in the future
in a simple and clear manner. These
changes include updating the language
for the schedule for submitting reports
and calibrating equipment to recognize
that subparts that may be added in the
future would have later deadlines.
These revisions do not change the
requirements for subparts included in
the 2009 final rule.
DATES: This direct final rule is effective
May 17, 2010 without further notice,
unless EPA receives adverse comments
by April 15, 2010, or by April 30, 2010
if a public hearing is held (see below).
15:08 Mar 15, 2010
Jkt 220001
*
*
*
*
EPA approval date
Additional explanation
*
*
Electric Generating Unit (EGU) Multi-Pollutant Regulation NO
Annual SO2 Mass Emissions
Limit.
[FR Doc. 2010–5581 Filed 3–15–10; 8:45 am]
VerDate Nov<24>2008
*
*
*
State effective
date
*
9/11/08
10/10/09
*
March 16, 2010 [Insert page
number where the document begins].
*
If we receive adverse comment, we will
publish a timely withdrawal in the
Federal Register informing the public
that this rule, or the relevant section of
this rule, will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2008–0508, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• E-mail: a-and-r-Docket@epa.gov.
• Fax: (202) 566–1741.
• Mail: Environmental Protection
Agency, EPA Docket Center (EPA/DC),
Mailcode 6102T, Attention Docket ID
No. EPA–HQ–OAR–2008–0508, 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460.
• Hand Delivery: EPA Docket Center,
Public Reading Room, EPA West
Building, Room 3334, 1301 Constitution
Avenue, NW., Washington, DC 20004.
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–HQ–OAR–2008–
0508. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be CBI or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
PO 00000
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*
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*
Modified emissions limit for
Conectiv Edge Moor Unit 5.
*
*
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 https://
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. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Air Docket, EPA/DC, EPA West,
Room B102, 1301 Constitution Ave.,
NW., Washington, DC. This Docket
Facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
E:\FR\FM\16MRR1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 50 (Tuesday, March 16, 2010)]
[Rules and Regulations]
[Pages 12449-12451]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5581]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2009-0804; FRL-9127-2]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Amendment to Electric Generating Unit Multi-Pollutant
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. The revision is an amendment to the
Electric Generating Unit Multi-Pollutant Regulation of Delaware's
Administrative Code, and it modifies the sulfur dioxide
(SO2) mass emissions limit associated with Conectiv Edge
Moor Unit 5 beginning in calendar year 2009. This action is being taken
under the Clean Air Act (CAA or the Act).
DATES: Effective Date: This final rule is effective on April 15, 2010.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2009-0804. All documents in the docket are listed in
the https://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 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 and Environmental Control, 89
Kings Highway, P.O. Box 1401, Dover, Delaware 19901.
FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by
e-mail at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On January 5, 2010 (75 FR 2), EPA published a notice of proposed
rulemaking (NPR) for the State of Delaware. The NPR proposed approval
of Delaware's SIP revision pertaining to
[[Page 12450]]
Regulation No. 1146--Electric Generating Unit (EGU) Multi-Pollutant
Regulation. The regulation was adopted in order to impose lower
emissions limits of nitrogen oxides (NOX) and SO2
in order to help Delaware attain and maintain the national ambient air
quality standards (NAAQS) for ozone and fine particulate matter
(PM2.5), as well as to assist Delaware in achieving the
emissions reductions needed to support the State's 8-hour ozone
reasonable further progress plan (RFP). The formal SIP revision was
submitted by the Delaware Department of Natural Resources and
Environmental Control (DNREC) November 16, 2006. No comments were
received on the NPR.
II. Summary of SIP Revision
On October 7, 2009, EPA received a SIP revision to amend Regulation
No. 1146. This SIP revision was the result of a settlement agreement
between Conectiv Delmarva Generating, Inc. and DNREC in December 2008.
Conectiv had filed an appeal challenging the regulation for their Edge
Moor 5 facility. The emissions limit of 2,427 tons per year limited the
facility from operating in extreme circumstances in the event that
failure at other production units would require them to exceed that
limit in order to supply the needed electricity. The limit of 4,600
tons per year was determined to be an adequate limit after an analysis
of the facility's history of operation and the estimate of future
operations using the low sulfur (0.5%) residual fuel to generate
electricity at the 446 megawatt oil-fired steam generating unit.
Currently, the facility operates at a 10% capacity factor. If so
required, the new emissions limit would allow the facility to operate
at a 45% capacity factor.
The Delaware Department of Natural Resources and Environmental
Control requested that a revision to the State's SIP concerning an
amendment, which modifies the SO2 mass emissions limit
associated with Conectiv Edge Moor Unit 5, be approved.
III. Final Action
Delaware has met the requirements concerning an amendment to the
Electric Generating Unit Multi-Pollutant Regulation of Delaware's
Administrative Code, which modifies the SO2 mass emissions
limit associated with Conectiv Edge Moor Unit 5. The purpose of this
revision is to assist Delaware in achieving the emissions reductions
needed to support the State's 8-hour ozone RFP, and therefore, EPA is
approving it.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
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 Clean Air Act; 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 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 May 17, 2010. 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 approving Delaware's SIP revision
pertaining to an amendment to the Electric Generating Unit Multi-
Pollutant Regulation of Delaware's Administrative Code, which modifies
the SO2 mass emissions limit associated with Conectiv Edge
Moor Unit 5, 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, Particulate matter, and Sulfur
oxides.
Dated: February 25, 2010.
W.C. Early,
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.
[[Page 12451]]
Subpart I--Delaware
0
2. In Sec. 52.420, the table in paragraph (c) is amended under
Regulation No. 1146 by removing the entry for Table II and adding the
entry for Table 5-1 to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
State Additional
State citation Title/subject effective date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Regulation No. 1146 Electric Generating Unit (EGU) Multi-Pollutant Regulation NO
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Table 5-1 (Formerly Table II).... Annual SO2 Mass 9/11/08 March 16, 2010 Modified emissions
Emissions Limit. 10/10/09 [Insert page limit for Conectiv
number where the Edge Moor Unit 5.
document begins].
* * * * * * *
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* * * * *
[FR Doc. 2010-5581 Filed 3-15-10; 8:45 am]
BILLING CODE 6560-50-P
