Approval and Promulgation of Air Quality Implementation Plans; Delaware; Limiting Emissions of Volatile Organic Compounds From Portable Fuel Containers, 77758-77760 [2010-31220]
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Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations
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.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
WReier-Aviles on DSKGBLS3C1PROD with RULES
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. An
environmental analysis checklist and a
categorical exclusion determination are
available in the docket where indicated
VerDate Mar<15>2010
15:15 Dec 13, 2010
Jkt 223001
under ADDRESSES. This rule involves
establishment of a safety zone.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T11–374 to read as
follows:
■
§ 165.T11–374 Safety zone; San Diego
Parade of Lights Fireworks; San Diego,
California.
(a) Location. The limits of the safety
zones for both fireworks displays will
cover a 500 foot area around the tug and
barge in approximate position 32°43.25′
N., 117°11.50″ W.
(b) Enforcement Period. This section
will be enforced from 5:30 p.m. to 8
p.m. on December 12, 2010 and
December 19, 2010.
(c) Definitions. The following
definition applies to this section:
Designated representative, means any
commissioned, warrant, and petty
officers of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary,
and local, state, and federal law
enforcement vessels who have been
authorized to act on the behalf of the
Captain of the Port.
(d) Regulations. (1) Entry into, transit
through or anchoring within this safety
zone is prohibited unless authorized by
the Captain of the Port of San Diego or
his designated on-scene representative.
(2) Mariners requesting permission to
transit through the safety zone may
request authorization to do so from the
Sector San Diego Command Center. The
Command Center may be contacted on
VHF–FM Channel 16.
(3) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or the
designated representative.
Upon being hailed by U.S. Coast
Guard patrol personnel by siren, radio,
flashing light, or other means, the
operator of a vessel shall proceed as
directed.
(4) The Coast Guard may be assisted
by other federal, state, or local agencies.
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Dated: November 23, 2010.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2010–31305 Filed 12–13–10; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–0435; FRL–9237–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Limiting Emissions of
Volatile Organic Compounds From
Portable Fuel Containers
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve a revision to
Delaware’s State Implementation Plan
(SIP). This SIP revision includes an
amendment to Delaware’s regulation for
Volatile Organic Compounds (VOC)
from Consumer and Commercial
Products, Section 3.0—Portable Fuel
Containers. This amendment will
reduce VOC emissions from portable
fuel containers, and therefore, will help
Delaware attain and maintain the
national ambient air quality standard
(NAAQS) for ozone. This action is being
taken under the Clean Air Act (CAA).
DATES: This rule is effective on February
14, 2011 without further notice, unless
EPA receives adverse written comment
by January 13, 2011. If EPA receives
such comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2010–0435 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail: powers.marilyn@epa.gov.
C. Mail: EPA–R03–OAR–2010–0435,
Marilyn Powers, Acting Associate
Director, Office of Air Program
Planning, Mailcode 3AP30, 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.
SUMMARY:
E:\FR\FM\14DER1.SGM
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WReier-Aviles on DSKGBLS3C1PROD with RULES
Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2010–
0435. 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 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 https://
www.regulations.gov or e-mail. The
https://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 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.
Docket: All documents in the
electronic docket are listed in the https://
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 https://
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. 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 19903.
FOR FURTHER INFORMATION CONTACT:
Irene Shandruk, (215) 814–2166, or by
e-mail at shandruk.irene@epa.gov.
VerDate Mar<15>2010
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Jkt 223001
On April
1, 2010, Delaware submitted to EPA a
SIP revision concerning Delaware’s
regulation for reducing VOCs from
portable fuel containers (i.e. gas cans) in
Delaware (Regulation No. 1141—
Limiting Emissions of Volatile Organic
Compounds from Consumer and
Commercial Products, Section 3.0—
Portable Fuel Containers).
SUPPLEMENTARY INFORMATION:
I. Background
Regulation No. 1141—Limiting
Emissions of Volatile Organic
Compounds from Consumer and
Commercial Products, Section 3.0—
Portable Fuel Containers is concerned
specifically with the use of portable fuel
containers and reducing refueling
emissions from equipment and engines
that are predominantly refueled with
portable containers. On November 22,
2002 (67 FR 57776), EPA approved the
previous version of Section 3.0.
Effective January 1, 2009, the EPA
began to regulate emissions from
portable fuel containers (see, 72 FR
8428). The Federal rule provides more
stringent emission control of portable
fuel containers, and thereby achieves
greater VOC emission reductions than
the current Delaware regulation.
Delaware, therefore, revised Regulation
No. 1141 such that it does not apply to
portable fuel containers manufactured
on and after January 1, 2009, and that
Delaware instead rely on the Federal
rule to control emissions from this
source.
II. Summary of SIP Revision
On April 1, 2010, the Delaware
Department of Natural Resources and
Environmental Control (DNREC)
submitted a revision to the Delaware
State Implementation Plan (SIP) that
consists of Delaware’s regulation for
reducing volatile organic compounds
(VOCs) from portable fuel containers
(i.e. gas cans) in Delaware (Regulation
No. 1141—Limiting Emissions of
Volatile Organic Compounds from
Consumer and Commercial Products,
Section 3.0—Portable Fuel Containers).
The revision to Regulation No. 1141
amends existing Section 3.0—Portable
Fuel Containers. The effective date of
this regulation was April 11, 2010.
Regulation No. 1141, Section 3.0 is
revised to apply to any portable fuel
container or spout or both portable fuel
container and spout manufactured
between January 1, 2003 and December
31, 2008. It eliminates the applicability
of Section 3.0 to portable fuel containers
manufactured on and after January 1,
2009, and instead these portable fuel
containers are regulated by Federal
regulation (see, 72 FR 8428).
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77759
III. Final Action
EPA is approving the Delaware SIP
revision pertaining to Delaware’s
adoption of the Federal rule for portable
fuel containers. This revision will result
in greater VOC emission reductions
from portable fuel containers,
continuing to help Delaware attain and
maintain NAAQS for ozone. EPA is
publishing this rule without prior
proposal because the Agency views this
as a noncontroversial amendment and
anticipates no adverse comment.
However, in the ‘‘Proposed Rules’’
section of today’s Federal Register, EPA
is publishing a separate document that
will serve as the proposal to approve the
SIP revision if adverse comments are
filed. This rule will be effective on
February 14, 2011 without further
notice unless EPA receives adverse
comment by January 13, 2011. If EPA
receives adverse comment, EPA will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. EPA
will address all public comments in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time.
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
E:\FR\FM\14DER1.SGM
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77760
Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations
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 February 14,
2011. 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. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
This action pertaining to Delaware’s
portable fuel containers regulation 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, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: November 30, 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.
Subpart I—Delaware
2. In § 52.420, the table in paragraph
(c) is amended by revising the entry for
Regulation 1141, Section 3.0 to read as
follows:
■
§ 52.420
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS IN THE DELAWARE SIP
State regulation
(7 DNREC 1100)
Title/subject
*
*
1141 .........................................
*
*
Section 3.0 ...............................
*
*
*
*
EPA approval date
Additional
explanation
*
*
*
*
*
Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products
*
Portable Fuel Containers ........
*
*
State effective date
*
*
4/11/10 ....................................
*
*
*
*
12/14/10 [Insert page number
where the document begins].
*
*
*
Final rule; stay for permit
applications.
ENVIRONMENTAL PROTECTION
AGENCY
ACTION:
40 CFR Part 63
[FR Doc. 2010–31220 Filed 12–13–10; 8:45 am]
*
SUMMARY:
WReier-Aviles on DSKGBLS3C1PROD with RULES
BILLING CODE 6560–50–P
[EPA–HQ–OAR–2008–0334; FRL–9238–5]
National Emission Standards for
Hazardous Air Pollutants for Chemical
Manufacturing Area Sources
Environmental Protection
Agency (EPA).
AGENCY:
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On June 15, 2010, EPA
notified Petitioners that the Agency
intended to initiate the reconsideration
process in response to their request for
reconsideration of certain provisions in
the National Emission Standards for
Hazardous Air Pollutants for Chemical
Manufacturing Area Sources. Among
the provisions that EPA is reconsidering
E:\FR\FM\14DER1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 239 (Tuesday, December 14, 2010)]
[Rules and Regulations]
[Pages 77758-77760]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31220]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0435; FRL-9237-9]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Limiting Emissions of Volatile Organic Compounds From
Portable Fuel Containers
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve a revision to
Delaware's State Implementation Plan (SIP). This SIP revision includes
an amendment to Delaware's regulation for Volatile Organic Compounds
(VOC) from Consumer and Commercial Products, Section 3.0--Portable Fuel
Containers. This amendment will reduce VOC emissions from portable fuel
containers, and therefore, will help Delaware attain and maintain the
national ambient air quality standard (NAAQS) for ozone. This action is
being taken under the Clean Air Act (CAA).
DATES: This rule is effective on February 14, 2011 without further
notice, unless EPA receives adverse written comment by January 13,
2011. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0435 by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: powers.marilyn@epa.gov.
C. Mail: EPA-R03-OAR-2010-0435, Marilyn Powers, Acting Associate
Director, Office of Air Program Planning, Mailcode 3AP30, 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.
[[Page 77759]]
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2010-0435. 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
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 https://www.regulations.gov or e-mail. The https://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 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.
Docket: All documents in the electronic docket are listed in the
https://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 https://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. 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 19903.
FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by
e-mail at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION: On April 1, 2010, Delaware submitted to EPA
a SIP revision concerning Delaware's regulation for reducing VOCs from
portable fuel containers (i.e. gas cans) in Delaware (Regulation No.
1141--Limiting Emissions of Volatile Organic Compounds from Consumer
and Commercial Products, Section 3.0--Portable Fuel Containers).
I. Background
Regulation No. 1141--Limiting Emissions of Volatile Organic
Compounds from Consumer and Commercial Products, Section 3.0--Portable
Fuel Containers is concerned specifically with the use of portable fuel
containers and reducing refueling emissions from equipment and engines
that are predominantly refueled with portable containers. On November
22, 2002 (67 FR 57776), EPA approved the previous version of Section
3.0.
Effective January 1, 2009, the EPA began to regulate emissions from
portable fuel containers (see, 72 FR 8428). The Federal rule provides
more stringent emission control of portable fuel containers, and
thereby achieves greater VOC emission reductions than the current
Delaware regulation. Delaware, therefore, revised Regulation No. 1141
such that it does not apply to portable fuel containers manufactured on
and after January 1, 2009, and that Delaware instead rely on the
Federal rule to control emissions from this source.
II. Summary of SIP Revision
On April 1, 2010, the Delaware Department of Natural Resources and
Environmental Control (DNREC) submitted a revision to the Delaware
State Implementation Plan (SIP) that consists of Delaware's regulation
for reducing volatile organic compounds (VOCs) from portable fuel
containers (i.e. gas cans) in Delaware (Regulation No. 1141--Limiting
Emissions of Volatile Organic Compounds from Consumer and Commercial
Products, Section 3.0--Portable Fuel Containers). The revision to
Regulation No. 1141 amends existing Section 3.0--Portable Fuel
Containers. The effective date of this regulation was April 11, 2010.
Regulation No. 1141, Section 3.0 is revised to apply to any
portable fuel container or spout or both portable fuel container and
spout manufactured between January 1, 2003 and December 31, 2008. It
eliminates the applicability of Section 3.0 to portable fuel containers
manufactured on and after January 1, 2009, and instead these portable
fuel containers are regulated by Federal regulation (see, 72 FR 8428).
III. Final Action
EPA is approving the Delaware SIP revision pertaining to Delaware's
adoption of the Federal rule for portable fuel containers. This
revision will result in greater VOC emission reductions from portable
fuel containers, continuing to help Delaware attain and maintain NAAQS
for ozone. EPA is publishing this rule without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comment. However, in the ``Proposed Rules'' section of
today's Federal Register, EPA is publishing a separate document that
will serve as the proposal to approve the SIP revision if adverse
comments are filed. This rule will be effective on February 14, 2011
without further notice unless EPA receives adverse comment by January
13, 2011. If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time.
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
[[Page 77760]]
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 February 14, 2011. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action pertaining to Delaware's portable
fuel containers regulation 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, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: November 30, 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
the entry for Regulation 1141, Section 3.0 to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
State effective Additional
State regulation (7 DNREC 1100) Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1141............................ Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial
Products
* * * * * * *
Section 3.0..................... Portable Fuel 4/11/10........... 12/14/10 [Insert
Containers. page number where
the document
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2010-31220 Filed 12-13-10; 8:45 am]
BILLING CODE 6560-50-P
