Approval and Promulgation of Air Quality Implementation Plans; Delaware; Limiting Emissions of Volatile Organic Compounds From Consumer Products, 64673-64675 [2010-25314]
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Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations
Number
Date
Event
Sponsor
64673
Location
(d) Coast Guard Sector North Carolina—COTP Zone
*
*
14 .......... November 27, 2010 ............
*
2010 North Carolina Holiday Flotilla boat parade
and fireworks.
Dated: September 28, 2010.
Anthony Popiel,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
*
*
NC Holiday Flotilla at Wrightsville
Beach, NC.
Michigan, or his or her designated
representative.
The regulations in 33 CFR
165.T09–0166 will be enforced daily
from 6 a.m. to 6 p.m. on October 4, 2010
to October 11, 2010 and daily from 6
a.m. to 6 p.m. on November 3, 2010 to
November 5, 2010. This rule is effective
with actual notice for purposes of
enforcement at 6 a.m. on October 4,
2010.
DATES:
[FR Doc. 2010–26378 Filed 10–19–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
If
you have questions on this notice, call
or e-mail CDR Tim Cummins, Deputy
Prevention Division, Ninth Coast Guard
District, telephone 216–902–6045,
e-mail address
Timothy.M.Cummins@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
33 CFR Part 165
[Docket No. USCG–2010–0824]
Safety Zone, Brandon Road Lock and,
Dam to Lake Michigan Including Des
Plaines River, Chicago Sanitary and
Ship Canal, Chicago River, and
Calumet-Saganashkee Channel,
Chicago, IL
Coast Guard, DHS.
ACTION: Notice of enforcement of
regulation.
AGENCY:
The Coast Guard will enforce
a segment of the Safety Zone, Brandon
Road Lock and Dam to Lake Michigan
including Des Plaines River, Chicago
Ship and Sanitary Canal, Chicago River,
Calumet-Saganashkee Channel on all
waters of the Chicago Sanitary and Ship
Canal from Mile Marker 296.1 to Mile
Marker 296.7 from 6 a.m. on October 4,
2010 through 6 p.m. on October 11,
2010 and from 6 a.m. on November 3,
2010 through 6 p.m. on November 5,
2010. This action is necessary to protect
the waterways, waterway users and
vessels from hazards associated with the
U.S. Army Corps of Engineers’
installation of parasitic structures which
will help control the spread of aquatic
nuisance species that might devastate
the waters in the Chicago Sanitary and
Ship Canal.
During the enforcement period, entry
into, transiting, mooring, laying-up or
anchoring within the enforced area of
this safety zone by any person or vessel
is prohibited unless authorized by the
Captain of the Port, Sector Lake
emcdonald on DSK2BSOYB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:03 Oct 19, 2010
Jkt 223001
The Coast
Guard will enforce Safety Zone,
Brandon Road Lock and Dam to Lake
Michigan including Des Plaines River,
Chicago Sanitary and Ship Canal,
Chicago River, Calumet-Saganashkee
Channel, Chicago, IL listed in 33 CFR
165.T09–0166(a)(2), on all waters of the
Chicago Sanitary and Ship Canal from
Mile Marker 296.1 to Mile Marker 296.7
daily from 6 a.m. to 6 p.m. on October
4, 2010 to October 11, 2010 and daily
from 6 a.m. to 6 p.m. on November 3,
2010 to November 5, 2010.
This enforcement action is necessary
because the Captain of the Port, Sector
Lake Michigan has determined that the
U.S. Army Corps of Engineers’
installation operation poses risks to life
and property. Specifically, there will be
congested waterways and construction
operations requiring the use of divers
taking place in the vicinity of the U.S.
Army Corps of Engineers’ electric
dispersal barrier. The combination of
vessel traffic, divers, and electric
current in the water makes the control
of vessels through the impacted portion
of the Chicago Sanitary and Ship Canal
necessary to prevent injury and property
loss.
In accordance with the general
regulations in § 165.23 of this part, entry
into, transiting, mooring, laying up, or
SUPPLEMENTARY INFORMATION:
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*
*
All waters of Motts Channel within
a 300 yard radius of the fireworks barge in approximate position latitude 34°12′29″ N, longitude 077°48′27″ W, approximately 560 yards south of Sea
Path Marina, Wrightsville Beach,
NC.
anchoring within the enforced area of
this safety zone by any person or vessel
is prohibited unless authorized by the
Captain of the Port, Sector Lake
Michigan, or his or her designated
representative.
This notice is issued under authority
of 33 CFR 165.T09–0166 and 5 U.S.C.
552(a). In addition to this notice in the
Federal Register, the Captain of the
Port, Sector Lake Michigan, will also
provide notice through other means,
which may include but are not limited
to Broadcast Notice to Mariners, Local
Notice to Mariners, local news media,
distribution in leaflet form, and onscene oral notice. Additionally, the
Captain of the Port, Sector Lake
Michigan, may notify representatives
from the maritime industry through
telephonic and e-mail notifications.
Dated: September 24, 2010.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Lake Michigan.
[FR Doc. 2010–26379 Filed 10–19–10; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–0124; FRL–9211–5]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Limiting Emissions of
Volatile Organic Compounds From
Consumer Products
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Delaware. The
revision amends existing Section 2.0—
Consumer Products to Delaware’s
Regulation 1141 (formerly SIP
Regulation No. 41)—Limiting Emissions
of Volatile Organic Compounds from
SUMMARY:
E:\FR\FM\20OCR1.SGM
20OCR1
64674
Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations
Consumer and Commercial Products.
This action is being taken under the
Clean Air Act (CAA).
DATES: Effective Date: This final rule is
effective on November 19, 2010.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2010–0124. 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 & Environmental
Control, 89 Kings Highway, P.O. Box
1401, Dover, Delaware 19901.
FOR FURTHER INFORMATION CONTACT:
Gregory Becoat, (215) 814–2036, or by
e-mail at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
emcdonald on DSK2BSOYB1PROD with RULES
I. Background
On June 18, 2010 (75 FR 34671), EPA
published a notice of proposed
rulemaking (NPR) for the State of
Delaware. The NPR proposed approval
of the Delaware SIP revision that
amends Regulation 1141/SIP Regulation
No. 41— Limiting Emissions of Volatile
Organic Compounds from Consumer
and Commercial Products. The SIP
revision amends existing Section 2.0—
Consumer Products by adding the sale,
distribution, and manufacturing of 23
new categories of consumer products
and product types to the list of products
already regulated by this rule. These
categories include personal hygiene and
grooming, home cleaning, and cleaning
of electrical and electronic equipment.
EPA received no comments on the NPR
to approve Delaware’s SIP revision. The
formal SIP revision was submitted by
the State of Delaware on June 22, 2009.
II. Summary of SIP Revision
Regulation 1141 (formerly SIP
Regulation No. 41), Section 2.0
establishes applicability to any person
who sells, supplies, offers for sale, uses
or applies, or manufactures for sale
consumer products in the State of
VerDate Mar<15>2010
16:03 Oct 19, 2010
Jkt 223001
Delaware. The rule does not apply to a
retailer who sells, supplies, or offers for
sale in the State of Delaware a particular
consumer product that does not comply
with the Volatile Organic Compounds
(VOC) standards, provided that retailer
demonstrates that the manufacturer or
distributor of that product mislead that
retailer into believing that the product
did comply with the VOC standards.
The rule sets compliance dates for
specific VOC content limits in percent
VOCs by weight for consumer products
and lists exemptions from the VOC
content limits. The rule also contains
requirements for the following
consumer products: (1) Products
requiring dilution, (2) ozone depleting
compounds, (3) aerosols adhesives, (4)
antiperspirants or deodorants, (5)
charcoal lighter materials, and (6) floor
wax strippers. Regulation 1141 provides
alternative control plans (ACP) by
allowing responsible parties the option
to voluntarily enter into separate ACP
agreements for the consumer products
mentioned above. In addition, the rule
contains the following: (1) Criteria for
innovative products exemptions and
requirements for waiver requests, (2)
administrative requirements for labeling
and reporting, and (3) test methods for
demonstrating compliance. Further
details of Delaware’s regulation
revisions can be found in a Technical
Support Document prepared for the
June 18, 2010 proposed rulemaking
action.
III. Final Action
EPA is approving the Delaware SIP
revision that amends existing Section
2.0—Consumer Products to Delaware’s
Regulation 1141 (formerly SIP
Regulation No. 41)—Limiting Emissions
of Volatile Organic Compounds from
Consumer and Commercial Products.
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
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Fmt 4700
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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
E:\FR\FM\20OCR1.SGM
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Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations
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 December 20, 2010. Filing a
petition for reconsideration by the
Administrator of this final rule
pertaining to Delaware’s amendment to
Section 2.0—Consumer Products of
Delaware’s Regulation No. 1141
(formerly SIP Regulation No. 41), 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.
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Subpart I—Delaware
2. In § 52.420, the table in paragraph
(c) is amended by revising Regulation
1141, Section 2.0 to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
§ 52.420
Dated: September 17, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
*
Identification of plan.
*
*
(c) * * *
*
*
40 CFR part 52 is amended as follows:
■
EPA-APPROVED REGULATIONS IN THE DELAWARE SIP
State regulation
(7 DNREC 1100)
*
1141
*
Section 2.0 ........
*
*
*
Specific Emission Control Requirements.
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R06–OAR–2008–0932; FRL–9214–9]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Texas; Beaumont/Port
Arthur Ozone Nonattainment Area:
Redesignation to Attainment for the
1997 8-Hour Ozone Standard and
Determination of Attainment for the
1-Hour Ozone Standard; Clarification
of EPA’s Approval of the El Paso
Section 110(a)(1) Maintenance Plan for
the 1997 8-Hour Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
emcdonald on DSK2BSOYB1PROD with RULES
AGENCY:
EPA is taking final action to
approve a request from the State of
Texas to redesignate the Beaumont/Port
Arthur (BPA) Texas ozone
nonattainment area to attainment of the
1997 8-hour ozone National Ambient
SUMMARY:
16:03 Oct 19, 2010
4/11/09
*
[FR Doc. 2010–25314 Filed 10–19–10; 8:45 am]
VerDate Mar<15>2010
EPA approval date
Additional explanation
*
*
*
*
*
Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products
*
*
State effective date
Title/subject
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*
10/20/10 [Insert page number
where the document begins].
*
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*
*
Adds the sale, distribution, and
manufacturing of 23 categories
of consumer products and product types.
*
Air Quality Standard (NAAQS). EPA is
making a final determination that the
BPA nonattainment area has attained
the 1997 8-hour ozone NAAQS, based
on complete, quality-assured, and
certified ambient air quality monitoring
data for 2006–2008. Preliminary data
available for 2009 and 2010 show that
the area continues to attain the 1997 8hour ozone NAAQS.
In finalizing its approval of the
redesignation request, EPA also
approves, as a revision to the BPA State
Implementation Plan (SIP), a 1997
8-hour ozone maintenance plan that
includes a 2021 Motor Vehicle
Emissions Budget (MVEB). EPA is also
approving the BPA area’s 2002 base year
emissions inventory as part of the BPA
SIP. EPA also is approving as part of the
BPA SIP, the Texas Clean-Fuel Vehicle
(CFV) Program Equivalency
Demonstration. EPA finds that with
final approval of these revisions, the
area has a fully approved SIP that meets
all of the 1997 8-hour ozone
requirements and 1-hour ozone antibacksliding requirements under section
110 and Part D of the Federal Clean Air
Act (CAA or Act) that are applicable for
purposes of redesignation. EPA is also
approving a determination that the BPA
area is meeting the 1-hour ozone
Sfmt 4700
*
*
*
standard based upon three years of
complete, quality-assured, and certified
ambient air quality monitoring data for
2006–2008. Preliminary data available
for 2009 and 2010 show that the area
continues to attain the standard.
Additionally, EPA is taking final
action to approve the post-1996 Rate of
Progress (ROP) plan’s contingency
measures, the substitute control
measures for the failure-to-attain
contingency measures, and the removal
from the Texas SIP of a 1-hour ozone
failure-to-attain contingency measure, a
volatile organic compound (VOC) SIP
rule for marine vessel loading, as
meeting the requirements of section
110(l) and part D of the Act.
EPA also is providing clarification of
an earlier separate EPA rulemaking
action approving the Section 110(a)(1)
Maintenance Plan for the 1997 8-hour
ozone standard for the El Paso 1997 8hour attainment area.
DATES: Effective Date: This rule will be
effective November 19, 2010.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R06–OAR–
2008–0932. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information is
E:\FR\FM\20OCR1.SGM
20OCR1
]]>Agencies
[Federal Register Volume 75, Number 202 (Wednesday, October 20, 2010)]
[Rules and Regulations]
[Pages 64673-64675]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25314]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0124; FRL-9211-5]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Limiting Emissions of Volatile Organic Compounds From
Consumer Products
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 amends existing
Section 2.0--Consumer Products to Delaware's Regulation 1141 (formerly
SIP Regulation No. 41)--Limiting Emissions of Volatile Organic
Compounds from
[[Page 64674]]
Consumer and Commercial Products. This action is being taken under the
Clean Air Act (CAA).
DATES: Effective Date: This final rule is effective on November 19,
2010.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-0124. 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 & Environmental Control, 89
Kings Highway, P.O. Box 1401, Dover, Delaware 19901.
FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by
e-mail at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 18, 2010 (75 FR 34671), EPA published a notice of proposed
rulemaking (NPR) for the State of Delaware. The NPR proposed approval
of the Delaware SIP revision that amends Regulation 1141/SIP Regulation
No. 41-- Limiting Emissions of Volatile Organic Compounds from Consumer
and Commercial Products. The SIP revision amends existing Section 2.0--
Consumer Products by adding the sale, distribution, and manufacturing
of 23 new categories of consumer products and product types to the list
of products already regulated by this rule. These categories include
personal hygiene and grooming, home cleaning, and cleaning of
electrical and electronic equipment. EPA received no comments on the
NPR to approve Delaware's SIP revision. The formal SIP revision was
submitted by the State of Delaware on June 22, 2009.
II. Summary of SIP Revision
Regulation 1141 (formerly SIP Regulation No. 41), Section 2.0
establishes applicability to any person who sells, supplies, offers for
sale, uses or applies, or manufactures for sale consumer products in
the State of Delaware. The rule does not apply to a retailer who sells,
supplies, or offers for sale in the State of Delaware a particular
consumer product that does not comply with the Volatile Organic
Compounds (VOC) standards, provided that retailer demonstrates that the
manufacturer or distributor of that product mislead that retailer into
believing that the product did comply with the VOC standards. The rule
sets compliance dates for specific VOC content limits in percent VOCs
by weight for consumer products and lists exemptions from the VOC
content limits. The rule also contains requirements for the following
consumer products: (1) Products requiring dilution, (2) ozone depleting
compounds, (3) aerosols adhesives, (4) antiperspirants or deodorants,
(5) charcoal lighter materials, and (6) floor wax strippers. Regulation
1141 provides alternative control plans (ACP) by allowing responsible
parties the option to voluntarily enter into separate ACP agreements
for the consumer products mentioned above. In addition, the rule
contains the following: (1) Criteria for innovative products exemptions
and requirements for waiver requests, (2) administrative requirements
for labeling and reporting, and (3) test methods for demonstrating
compliance. Further details of Delaware's regulation revisions can be
found in a Technical Support Document prepared for the June 18, 2010
proposed rulemaking action.
III. Final Action
EPA is approving the Delaware SIP revision that amends existing
Section 2.0--Consumer Products to Delaware's Regulation 1141 (formerly
SIP Regulation No. 41)--Limiting Emissions of Volatile Organic
Compounds from Consumer and Commercial Products.
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
[[Page 64675]]
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 December 20, 2010. Filing a petition for
reconsideration by the Administrator of this final rule pertaining to
Delaware's amendment to Section 2.0--Consumer Products of Delaware's
Regulation No. 1141 (formerly SIP Regulation No. 41), 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 17, 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.
Subpart I--Delaware
0
2. In Sec. 52.420, the table in paragraph (c) is amended by revising
Regulation 1141, Section 2.0 to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
State
State regulation (7 DNREC Title/subject effective EPA approval date Additional explanation
1100) date
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* * * * * * *
1141 Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products
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Section 2.0................ Specific Emission 4/11/09 10/20/10 [Insert page Adds the sale,
Control Requirements. number where the distribution, and
document begins]. manufacturing of 23
categories of
consumer products and
product types.
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[FR Doc. 2010-25314 Filed 10-19-10; 8:45 am]
BILLING CODE 6560-50-P
