Approval and Promulgation of Air Quality Implementation Plans; Delaware; Update to Materials Incorporated by Reference, 24372-24376 [2011-10428]
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Federal Register / Vol. 76, No. 84 / Monday, May 2, 2011 / Rules and Regulations
§ 207.255(a)(1)(ii) and a mortgagee
refuses to comply promptly with the
Commissioner’s request to accelerate
payment pursuant to § 207.257, an
amount equal to the difference between
the project’s market value as of the date
of the Commissioner’s request and the
project’s market value as of the date the
mortgagee makes an election to assign
the mortgage, or convey title to the
project, as determined by appraisal
procedures established by the
Commissioner.
(vii) For multifamily project
mortgages for which HUD issued a firm
commitment for mortgage insurance on
or after September 1, 2011, the
regulations of paragraph (b)(2)(vi) of this
section shall apply, unless the
mortgagor demonstrates to the
satisfaction of the Commissioner that
financial hardship to the mortgagor
would result from application of the
regulations in paragraph (b)(2)(vi) of this
section due to the reasonable
expectations of the mortgagor that the
transaction would close under the
regulations in effect prior to September
1, 2011, in which case, the regulations
of paragraph (b)(2)(vi) shall not apply.
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Dated: April 26, 2011.
Robert C. Ryan,
Acting Assistant Secretary for HousingFederal Housing Commissioner.
[FR Doc. 2011–10450 Filed 4–29–11; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2011–0287]
Drawbridge Operation Regulation;
Mispillion River, Milford, DE
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Commander, District
Fifth Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the Route 1/
Rehoboth Blvd Bascule Bridge across
the Mispillion River, mile 11.0, at
Milford, DE. This deviation allows the
bridge to remain in the closed position
for two months to accommodate the
necessary bridge cleaning and painting
of the bridge.
DATES: This deviation is effective from
12 a.m. on May 13, 2011 through 11:59
p.m. on July 17, 2011.
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SUMMARY:
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Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2011–
0287 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0287 in the ‘‘Keyword’’ box
and then clicking ‘‘Search’’. They are
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Lindsey Middleton, Bridge
Management Specialist, Coast Guard;
telephone 757–398–6629, e-mail
Linsey.R.Middleton@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: Marinis
Bros. Inc., (Marinis) on behalf of
Delaware Department of Transportation,
has requested a temporary deviation
from the current operating regulation of
the Route 1/Rehoboth Blvd Bascule
Bridge across the Mispillion River, mile
11.0, at Milford, DE. The vertical
clearance of this bridge is five feet at
mean high water (MHW) in the closed
position and unlimited in the open
position. During this deviation period,
the vertical clearance will be limited to
four feet at MHW due to the scaffolding
that will be used for the maintenance of
the bridge. Vessels that are able to pass
through the bridge may do so at
anytime. The bridge is able to open for
emergencies if at least five business
days are given. There are no alternate
routes available to vessels.
The current operating schedule for the
bridge is set out in 33 CFR 117.241. The
regulation requires the bridge to open
on signal if at least 24 hours notice is
given. The requested deviation is to
accommodate painting and cleaning of
the bridge. To carry out the bridge
maintenance safely and successfully,
the draw of the bridge will be
maintained in the closed-to-navigation
position from 12 a.m. on May 13, 2011
through 11:59 p.m. on July 17, 2011.
Logs from the past two years have
shown that there are minimal openings
during the period of time this deviation
will be enforced. The majority of vessel
traffic is recreational boaters. Most, if
not all, of the past openings have been
requested by one specific resident of the
area. The Coast Guard and Marinis have
been in contact with this resident and
have worked together to accommodate
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any necessary bridge openings during
the temporary deviation. The Coast
Guard will inform the users of the
waterway through our Local and
Broadcast Notices to Mariners so that
mariners can arrange their transits to
minimize any impact caused by the
temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: April 18, 2011.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch, Fifth
Coast Guard District.
[FR Doc. 2011–10514 Filed 4–29–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[DE104–1102; FRL–9298–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Update to Materials
Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; administrative
change.
AGENCY:
EPA is updating the materials
submitted by Delaware that are
incorporated by reference (IBR) into the
state implementation plan (SIP). The
regulations affected by this update have
been previously submitted by the
Delaware Department of Natural
Resources and Environmental Control
(DNREC) and approved by EPA. This
update affects the SIP materials that are
available for public inspection at the
National Archives and Records
Administration (NARA), the Air and
Radiation Docket and Information
Center located at EPA Headquarters in
Washington, DC, and the EPA Regional
Office.
DATES: Effective Date: This action is
effective May 2, 2011.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103; the
Air and Radiation Docket and
Information Center, U.S. Environmental
Protection Agency, 1301 Constitution
Avenue, NW., Room Number 3334, EPA
SUMMARY:
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West Building, Washington, DC 20460;
or the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
FOR FURTHER INFORMATION CONTACT:
Harold A. Frankford, (215) 814–2108 or
by e-mail at frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
The SIP is a living document which
the State revises as necessary to address
its unique air pollution problems.
Therefore, EPA from time to time must
take action on SIP revisions containing
new and/or revised regulations as being
part of the SIP. On May 22, 1997 (62 FR
27968), EPA revised the procedures for
incorporating by reference Federallyapproved SIPs, as a result of
consultations between EPA and the
Office of the Federal Register (OFR). The
description of the revised SIP
document, IBR procedures and
‘‘Identification of plan’’ format are
discussed in further detail in the May
22, 1997 Federal Register document. On
December 7, 1998, (63 FR 67407) EPA
published a document in the Federal
Register beginning the new IBR
procedure for Delaware. On June 21,
2004 (69 FR 34285), April 3, 2007 (72
FR 15839), and April 17, 2009 (73 FR
17771), EPA published updates to the
IBR material for Delaware.
Since the publication of the last IBR
update, EPA has approved the following
regulatory changes to all sections of the
following Delaware regulations, except
as specifically noted:
1. Regulation 1101 ‘‘Definitions and
Administrative Principles’’ (SIP
definitions only).
2. Regulation 1102 ‘‘Permits’’ (except
Appendix A, paragraphs 32.0 and 33.0).
3. Regulation 1103 ‘‘Ambient Air
Quality Standards.’’
4. Regulation 1104 ‘‘Particulate
Emissions From Fuel Burning
Equipment.’’
5. Regulation 1105 ‘‘Particulate
Emissions From Industrial Process
Operations.’’
6. Regulation 1106 ‘‘Particulate
Emissions From Construction and
Materials Handling.’’
7. Regulation 1107 ‘‘Particulate
Emissions From Incineration’’ (section
1.0).
8. Regulation 1108 ‘‘Sulfur Dioxide
Emissions From Fuel Burning
Equipment.’’
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9. Regulation 1109 ‘‘Emissions of
Sulfur Compounds From Industrial
Operations’’ (except section 2.2).
10. Regulation 1110 ‘‘Control of Sulfur
Dioxide Emissions—Kent and Sussex
Counties.’’
11. Regulation 1111 ‘‘Carbon
Monoxide Emissions From Industrial
Process Operations New Castle County.’’
12. Regulation 1112 ‘‘Control of
Nitrogen Oxide Emissions.’’
13. Regulation 1113 ‘‘Open Burning’’
(except sections 1.0, 2.0, and 7.0).
14. Regulation 1114 ‘‘Visible
Emissions.’’
15. Regulation 1115 ‘‘Air Pollution
Alert and Emergency Plan.’’
16. Regulation 1116 ‘‘Sources Having
an Interstate Air Pollution Potential.’’
17. Regulation 1117 ‘‘Source
Monitoring, Recordkeeping and
Reporting.’’
18. Regulation 1123 ‘‘Standards of
Performance for Steel Plants: Electric
Arc Furnaces.’’
19. Regulation 1124 ‘‘Control of
Volatile Organic Compound Emissions.’’
20. Regulation 1125 ‘‘Requirements for
Preconstruction Review’’ (sections 1.0,
2.0, and 3.0).
21. Regulation 1126 ‘‘Motor Vehicle
Emissions Inspection Program.’’
22. Regulation 1127 ‘‘Stack Heights.’’
23. Regulation 1132 ‘‘Transportation
Conformity’’ (except section 1.0).
24. Regulation 1135 ‘‘Conformity of
General Federal Actions to the State
Implementation Plans.’’
25. Regulation 1139 ‘‘Nitrogen Oxides
(NOX) Budget Trading Program.’’
26. Regulation 1140 ‘‘Delaware’s
National Low Emission Vehicle (NLEV)
Regulation.’’
27. Regulation 1141 ‘‘Limiting
Emissions of Volatile Organic
Compounds From Consumer and
Commercial Products’’ (sections 1.0, 2.0,
and 3.0).
28. Regulation 1142 ‘‘Specific
Emission Control Requirements’’
(section 1.0).
29. Regulation 1144 ‘‘Control of
Stationary Generator Emissions’’ (except
sections 4.0, 5.0, 6.0, and 9.0).
30. Regulation 1145 ‘‘Excessive Idling
of Heavy Duty Vehicles.’’
31. Regulation 1146 ‘‘Electric
Generating Unit (EGU) Multi-Pollutant
Regulation’’ (except section 6.0, Table 6–
1, and portions of sections 1.0, 2.0, 3.0,
7.0, 8.0, and 9.0 pertaining to control of
mercury emissions).
32. Regulation 1148 ‘‘Control of
Stationary Combustion Turbine Electric
Generating Unit Emissions’’ (except
sections 1.0 and 6.0).
EPA’s approval of the definitions in
Regulation 1101 consists of only those
terms which EPA has previously
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24373
approved and IBR into the Delaware
SIP.
EPA’s approval action includes the
removal of two former SIP requirements
codified in Delaware Regulation 1124:
Section 39 (Control of Perchlorethylene
from Dry Cleaning Operations) and
Appendices J1, J1, J2, and J3 (Test
Methods for Stage II Vapor Recovery).
II. EPA Action
In this action, EPA is doing the
following:
1. Announcing the update to the IBR
material as of March 1, 2011.
2. In paragraph 40 CFR 52.420(c),
a. Removing the entries, currently
marked ‘‘[Reserved],’’ for Regulation
1124, Section 39 and Regulation 1124,
Appendices J, J1, J2, and J3.
b. Correcting the title heading of
Regulation 1107.
c. Correcting the following entries in
the ‘‘Title/subject’’ column: Regulation
1102, Section 3.0; Regulation 1105,
Section 6.0; Regulation 1124, Appendix
I, Regulation 1127, Section 2.0;
Regulation 37, Appendix ‘‘A’’; and
Regulation 1141, Section 2.0.
d. Removing the state effective date
from the ‘‘Additional explanation’’
column for Regulation 1142, Section
2.0.
EPA has determined that today’s rule
falls under the ‘‘good cause’’ exemption
in section 553(b)(3)(B) of the
Administrative Procedures Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation and section
553(d)(3) which allows an agency to
make a rule effective immediately
(thereby avoiding the 30-day delayed
effective date otherwise provided for in
the APA). Today’s rule simply codifies
provisions which are already in effect as
a matter of law in Federal and approved
State programs. Under section 553 of the
APA, an agency may find good cause
where procedures are ‘‘impractical,
unnecessary, or contrary to the public
interest.’’ Public comment is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the codification
only reflects existing law. Immediate
notice in the CFR benefits the public by
removing outdated citations and
incorrect table entries.
III. Statutory and Executive Order
Reviews
A. General Requirements
Under the Clean Air Act (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
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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
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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 rule 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. This rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Regulation 1107 heading; State
Regulation 1124, Appendix I, State
Regulation 1127, Section 2.0; State
Regulation 1141, Section 2.0, and State
Regulation 1142, Section 2.0.
■ ii. Removing the entry for State
Regulation No. 37, Appendix ‘‘AA’’ and
adding an entry for State Regulation No.
37, Appendix ‘‘A’’ in its place.
■ iii. Removing the entries for State
Regulation 1124, Section 39.0 and
Appendices J, J1, J2 and J3.
The amendments read as follows:
C. Petitions for Judicial Review
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EPA has also determined that the
provisions of section 307(b)(1) of the
CAA pertaining to petitions for judicial
review are not applicable to this action.
Prior EPA rulemaking actions for each
individual component of the Delaware
SIP compilations had previously
afforded interested parties the
opportunity to file a petition for judicial
review in the United States Court of
Appeals for the appropriate circuit
within 60 days of such rulemaking
action. Thus, EPA sees no need in this
action to reopen the 60-day period for
filing such petitions for judicial review
for this ‘‘Identification of plan’’ update
action for Delaware.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: April 7, 2011.
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. Section 52.420 is amended by:
a. Revising paragraph (b).
b. In paragraph (c),
i. Revising the entries for State
Regulation 1102, Section 3.0; State
Regulation 1105, Section 6.0; the State
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§ 52.420
Identification of plan.
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(b) Incorporation by reference. (1)
Material listed as incorporated by
reference in paragraphs (c) and (d) was
approved for incorporation by reference
by the Director of the Federal Register
in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. The material
incorporated is as it exists on the date
of the approval, and notice of any
change in the material will be published
in the Federal Register. Entries in
paragraphs (c) and (d) of this section
with EPA approval dates on or after
March 1, 2011 will be incorporated by
reference in the next update to the SIP
compilation.
(2) EPA Region III certifies that the
rules/regulations and source-specific
requirements provided by EPA at the
addresses in paragraph (b)(3) of this
section are an exact duplicate of the
officially promulgated State rules/
regulations which have been approved
as part of the State implementation plan
as of March 1, 2011.
(3) Copies of the materials
incorporated by reference may be
inspected at the EPA Region III Office at
1650 Arch Street, Philadelphia, PA
19103. For further information, call
(215) 814–2108; the EPA, Air and
Radiation Docket and Information
Center, Room Number 3334, EPA West
Building, 1301 Constitution Avenue,
NW., Washington, DC 20460. For further
information, call (202) 566–1742; or at
the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
(c) EPA-approved regulations.
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EPA-APPROVED REGULATIONS IN THE DELAWARE SIP
State regulation
(7 DNREC 1100)
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9/11/08
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8/11/10
75 FR 48566
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9/11/08
8/11/10
75 FR 48566
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Stack Heights
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Definitions Specific to this Regulation .............................
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9/11/08
8/11/10
75 FR 48566
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NOX Budget Program
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NOX Budget Program ......................................................
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12/11/99
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3/9/00
65 FR 12481
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Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products
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Consumer Products .........................................................
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8/11/10
75 FR 48566
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Method to Determine Length of Rolling Period for Liquid/Liquid Material Balance.
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1142 ....................................................
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Section 2.0 .........................................
9/11/08
Control of Volatile Organic Compound Emissions
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1141 ....................................................
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Appendix ‘‘A’’ ......................................
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Particulate Emissions from Incineration of Noninfectious Waste
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Regulation No. 37 .............................
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Section 2.0 .........................................
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Restrictions on Prill Tower Operation .............................
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1127 ....................................................
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Appendix I ..........................................
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Particulate Emissions from Industrial Process Operations
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1124 ....................................................
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1107 ....................................................
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Application/Registration Prepared by Interested Party ...
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Section 6.0 .........................................
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1105 ....................................................
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Additional
explanation
Permits
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Section 3.0 .........................................
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EPA approval
date
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1102 ....................................................
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State effective date
Title/subject
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75 FR 64673
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Specific Emission Control Requirements
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EPA-APPROVED REGULATIONS IN THE DELAWARE SIP—Continued
State regulation
(7 DNREC 1100)
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Section 2.0 .........................................
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BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 0 and 1
[GC Docket No. 10–43; FCC 11–11]
Commission’s Ex Parte Rules and
Other Procedural Rules
Federal Communications
Commission.
ACTION: Final rule.
In this document the
Commission revises certain ex parte and
organizational rules. This document
amends and reforms the Commission’s
rules on ex parte presentations made in
the course of Commission rulemakings
and other permit-but-disclose
proceedings. It also adopts a new rule
requiring all oral ex parte
communications to be documented, and
their contents described. This reform
should enable those participating in our
proceedings as well as those observing
them to better identify and understand
the issues being debated before the
Commission. New electronic filing rules
will empower anyone using the Internet
to access this information, and stronger
enforcement provisions will bolster
these new requirements. Given the
complexity of the issues we must decide
and the far-reaching impact our
decisions often have, we believe these
initiatives to increase transparency
serve the best interests of the
Commission, the entities we regulate,
and the public we serve.
DATES: Effective June 1, 2011, except for
the amendments to §§ 1.1206(b) and
1.1208, which contain information
collection requirements that are not
effective until approved by the Office of
Management and Budget. The FCC will
publish a document in the Federal
Register announcing the effective date
for those rules.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
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SUMMARY:
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*
Joel
Kaufman, Chief, Administrative Law
Division, Office of General Counsel,
202–418–1758 or joel.kaufman@fcc.gov.
For additional information concerning
the Paperwork Reduction Act
information collection requirements
contained in this document, contact
Leslie F. Smith, (202) 418–0217, or send
an e-mail to PRA@fcc.gov.
In this
Report and Order adopted on February
1, 2011, and released on February 2,
2011, the Commission amends certain
ex parte rules and other procedural
rules, 47 CFR parts 1 and 0. Part 1
outlines a number of rules regarding
‘‘presentations’’ by outside parties to the
Commission. Section 1.1202(a) of the
Commission’s rules defines a
‘‘presentation’’ as a communication
directed to the merits or outcome of a
proceeding. 47 CFR 1.1202(a). An oral
presentation is ex parte when it is made
without advance notice to other parties
to a proceeding and without the
opportunity for them to be present. See
47 CFR 1.1202(b). For purposes of the ex
parte rules, Commission proceedings
are divided into three categories: those
in which there is no restriction on ex
parte presentations (‘‘exempt’’
proceedings); those in which ex parte
presentations are prohibited
(‘‘restricted’’ proceedings); and those in
which ex parte presentations are
permitted subject to disclosure (‘‘permitbut-disclose’’ proceedings). See 47 CFR
1.1204, 1.1206, 1.1208. The various
categories of ‘‘permit-but-disclose’’
proceedings are enumerated in sections
1.1206(a)(1) through (14) of the rules,
and include informal rulemaking and
declaratory ruling proceedings.
SUPPLEMENTARY INFORMATION:
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EPA approval
date
*
11/11/09
*
FOR FURTHER INFORMATION CONTACT:
AGENCY:
16:25 Apr 29, 2011
*
Washington, DC 20554. In addition to
filing comments with the Office of the
Secretary, a copy of any comments on
the Paperwork Reduction Act
information collection requirements
contained herein should be submitted to
Leslie F. Smith, Federal
Communications Commission, Room 1–
C216, 445 12th Street, SW, Washington,
DC 20554, or send an e-mail to
PRA@fcc.gov.
[FR Doc. 2011–10428 Filed 4–29–11; 8:45 am]
VerDate Mar<15>2010
*
Control of NOX Emissions from Industrial Boilers and
Process Heaters at Petroleum Refineries.
*
*
State effective date
Title/subject
*
6/4/10
75 FR 31711
*
Additional
explanation
New regulation.
*
On March 25, 2010, the Commission
released a notice of proposed
rulemaking seeking comment on a
number of proposed changes to the
Commission’s ex parte rules. See
Amendment of the Commission’s Ex
Parte Rules and Other Procedural Rules,
25 FCC Rcd 2403 (2010) (NPRM). By
this Report and Order, we adopt final
rules effecting a number of proposals
described in the Notice. By a Further
Notice of Proposed Rulemaking,
published elsewhere in the Federal
Register, we seek comment on the
adoption of real party-in-interest
disclosure rules. The following
paragraphs describe the final rules
adopted by the Commission.
Filing and Content Requirements
1. Ex Parte Presentations for Which Ex
Parte Notices Must Be Filed
Section 1.1206(b)(2) of our rules
requires that a notice of an oral ex parte
presentation must be filed only if new
data or arguments not already reflected
in the party’s written comments,
memoranda or other filings in that
proceeding are discussed. 47 CFR
1.1206(b)(2). In the NPRM, we suggested
that this reduces the adequacy of the
record on which Commission decisions
are based and deprives parties and the
public of a fair opportunity to respond.
See 25 FCC Rcd at 2406. We therefore
proposed to require the filing of ex parte
notices for every oral ex parte
presentation, whether or not it contains
new data or arguments. To the extent
that the presentation merely reiterates
data and arguments already contained
in the written comments filed by the
presenter, the filing would either
include a summary of this information
or provide specific references, including
paragraph or page numbers, to the
presenter’s prior filings containing the
data and arguments presented.
As an initial matter, we determine
that ex parte presentations can give the
Commissioners and staff valuable new
information on the often highly complex
and technical legal, economic, and
engineering issues that we must
consider in reaching our decisions.
Prohibiting ex parte contacts outright, or
E:\FR\FM\02MYR1.SGM
02MYR1
]]>Agencies
[Federal Register Volume 76, Number 84 (Monday, May 2, 2011)]
[Rules and Regulations]
[Pages 24372-24376]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10428]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DE104-1102; FRL-9298-3]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Update to Materials Incorporated by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; administrative change.
-----------------------------------------------------------------------
SUMMARY: EPA is updating the materials submitted by Delaware that are
incorporated by reference (IBR) into the state implementation plan
(SIP). The regulations affected by this update have been previously
submitted by the Delaware Department of Natural Resources and
Environmental Control (DNREC) and approved by EPA. This update affects
the SIP materials that are available for public inspection at the
National Archives and Records Administration (NARA), the Air and
Radiation Docket and Information Center located at EPA Headquarters in
Washington, DC, and the EPA Regional Office.
DATES: Effective Date: This action is effective May 2, 2011.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; the Air and
Radiation Docket and Information Center, U.S. Environmental Protection
Agency, 1301 Constitution Avenue, NW., Room Number 3334, EPA
[[Page 24373]]
West Building, Washington, DC 20460; or the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
FOR FURTHER INFORMATION CONTACT: Harold A. Frankford, (215) 814-2108 or
by e-mail at frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The SIP is a living document which the State revises as necessary
to address its unique air pollution problems. Therefore, EPA from time
to time must take action on SIP revisions containing new and/or revised
regulations as being part of the SIP. On May 22, 1997 (62 FR 27968),
EPA revised the procedures for incorporating by reference Federally-
approved SIPs, as a result of consultations between EPA and the Office
of the Federal Register (OFR). The description of the revised SIP
document, IBR procedures and ``Identification of plan'' format are
discussed in further detail in the May 22, 1997 Federal Register
document. On December 7, 1998, (63 FR 67407) EPA published a document
in the Federal Register beginning the new IBR procedure for Delaware.
On June 21, 2004 (69 FR 34285), April 3, 2007 (72 FR 15839), and April
17, 2009 (73 FR 17771), EPA published updates to the IBR material for
Delaware.
Since the publication of the last IBR update, EPA has approved the
following regulatory changes to all sections of the following Delaware
regulations, except as specifically noted:
1. Regulation 1101 ``Definitions and Administrative Principles''
(SIP definitions only).
2. Regulation 1102 ``Permits'' (except Appendix A, paragraphs 32.0
and 33.0).
3. Regulation 1103 ``Ambient Air Quality Standards.''
4. Regulation 1104 ``Particulate Emissions From Fuel Burning
Equipment.''
5. Regulation 1105 ``Particulate Emissions From Industrial Process
Operations.''
6. Regulation 1106 ``Particulate Emissions From Construction and
Materials Handling.''
7. Regulation 1107 ``Particulate Emissions From Incineration''
(section 1.0).
8. Regulation 1108 ``Sulfur Dioxide Emissions From Fuel Burning
Equipment.''
9. Regulation 1109 ``Emissions of Sulfur Compounds From Industrial
Operations'' (except section 2.2).
10. Regulation 1110 ``Control of Sulfur Dioxide Emissions--Kent and
Sussex Counties.''
11. Regulation 1111 ``Carbon Monoxide Emissions From Industrial
Process Operations New Castle County.''
12. Regulation 1112 ``Control of Nitrogen Oxide Emissions.''
13. Regulation 1113 ``Open Burning'' (except sections 1.0, 2.0, and
7.0).
14. Regulation 1114 ``Visible Emissions.''
15. Regulation 1115 ``Air Pollution Alert and Emergency Plan.''
16. Regulation 1116 ``Sources Having an Interstate Air Pollution
Potential.''
17. Regulation 1117 ``Source Monitoring, Recordkeeping and
Reporting.''
18. Regulation 1123 ``Standards of Performance for Steel Plants:
Electric Arc Furnaces.''
19. Regulation 1124 ``Control of Volatile Organic Compound
Emissions.''
20. Regulation 1125 ``Requirements for Preconstruction Review''
(sections 1.0, 2.0, and 3.0).
21. Regulation 1126 ``Motor Vehicle Emissions Inspection Program.''
22. Regulation 1127 ``Stack Heights.''
23. Regulation 1132 ``Transportation Conformity'' (except section
1.0).
24. Regulation 1135 ``Conformity of General Federal Actions to the
State Implementation Plans.''
25. Regulation 1139 ``Nitrogen Oxides (NOX) Budget
Trading Program.''
26. Regulation 1140 ``Delaware's National Low Emission Vehicle
(NLEV) Regulation.''
27. Regulation 1141 ``Limiting Emissions of Volatile Organic
Compounds From Consumer and Commercial Products'' (sections 1.0, 2.0,
and 3.0).
28. Regulation 1142 ``Specific Emission Control Requirements''
(section 1.0).
29. Regulation 1144 ``Control of Stationary Generator Emissions''
(except sections 4.0, 5.0, 6.0, and 9.0).
30. Regulation 1145 ``Excessive Idling of Heavy Duty Vehicles.''
31. Regulation 1146 ``Electric Generating Unit (EGU) Multi-
Pollutant Regulation'' (except section 6.0, Table 6-1, and portions of
sections 1.0, 2.0, 3.0, 7.0, 8.0, and 9.0 pertaining to control of
mercury emissions).
32. Regulation 1148 ``Control of Stationary Combustion Turbine
Electric Generating Unit Emissions'' (except sections 1.0 and 6.0).
EPA's approval of the definitions in Regulation 1101 consists of
only those terms which EPA has previously approved and IBR into the
Delaware SIP.
EPA's approval action includes the removal of two former SIP
requirements codified in Delaware Regulation 1124: Section 39 (Control
of Perchlorethylene from Dry Cleaning Operations) and Appendices J1,
J1, J2, and J3 (Test Methods for Stage II Vapor Recovery).
II. EPA Action
In this action, EPA is doing the following:
1. Announcing the update to the IBR material as of March 1, 2011.
2. In paragraph 40 CFR 52.420(c),
a. Removing the entries, currently marked ``[Reserved],'' for
Regulation 1124, Section 39 and Regulation 1124, Appendices J, J1, J2,
and J3.
b. Correcting the title heading of Regulation 1107.
c. Correcting the following entries in the ``Title/subject''
column: Regulation 1102, Section 3.0; Regulation 1105, Section 6.0;
Regulation 1124, Appendix I, Regulation 1127, Section 2.0; Regulation
37, Appendix ``A''; and Regulation 1141, Section 2.0.
d. Removing the state effective date from the ``Additional
explanation'' column for Regulation 1142, Section 2.0.
EPA has determined that today's rule falls under the ``good cause''
exemption in section 553(b)(3)(B) of the Administrative Procedures Act
(APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation and section 553(d)(3) which allows
an agency to make a rule effective immediately (thereby avoiding the
30-day delayed effective date otherwise provided for in the APA).
Today's rule simply codifies provisions which are already in effect as
a matter of law in Federal and approved State programs. Under section
553 of the APA, an agency may find good cause where procedures are
``impractical, unnecessary, or contrary to the public interest.''
Public comment is ``unnecessary'' and ``contrary to the public
interest'' since the codification only reflects existing law. Immediate
notice in the CFR benefits the public by removing outdated citations
and incorrect table entries.
III. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act (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
[[Page 24374]]
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 rule 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
EPA has also determined that the provisions of section 307(b)(1) of
the CAA pertaining to petitions for judicial review are not applicable
to this action. Prior EPA rulemaking actions for each individual
component of the Delaware SIP compilations had previously afforded
interested parties the opportunity to file a petition for judicial
review in the United States Court of Appeals for the appropriate
circuit within 60 days of such rulemaking action. Thus, EPA sees no
need in this action to reopen the 60-day period for filing such
petitions for judicial review for this ``Identification of plan''
update action for Delaware.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 7, 2011.
W.C. Early,
Acting, Regional Administrator, Region III.
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. Section 52.420 is amended by:
0
a. Revising paragraph (b).
0
b. In paragraph (c),
0
i. Revising the entries for State Regulation 1102, Section 3.0; State
Regulation 1105, Section 6.0; the State Regulation 1107 heading; State
Regulation 1124, Appendix I, State Regulation 1127, Section 2.0; State
Regulation 1141, Section 2.0, and State Regulation 1142, Section 2.0.
0
ii. Removing the entry for State Regulation No. 37, Appendix ``AA'' and
adding an entry for State Regulation No. 37, Appendix ``A'' in its
place.
0
iii. Removing the entries for State Regulation 1124, Section 39.0 and
Appendices J, J1, J2 and J3.
The amendments read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(b) Incorporation by reference. (1) Material listed as incorporated
by reference in paragraphs (c) and (d) was approved for incorporation
by reference by the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. The material incorporated is as it
exists on the date of the approval, and notice of any change in the
material will be published in the Federal Register. Entries in
paragraphs (c) and (d) of this section with EPA approval dates on or
after March 1, 2011 will be incorporated by reference in the next
update to the SIP compilation.
(2) EPA Region III certifies that the rules/regulations and source-
specific requirements provided by EPA at the addresses in paragraph
(b)(3) of this section are an exact duplicate of the officially
promulgated State rules/regulations which have been approved as part of
the State implementation plan as of March 1, 2011.
(3) Copies of the materials incorporated by reference may be
inspected at the EPA Region III Office at 1650 Arch Street,
Philadelphia, PA 19103. For further information, call (215) 814-2108;
the EPA, Air and Radiation Docket and Information Center, Room Number
3334, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC
20460. For further information, call (202) 566-1742; or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(c) EPA-approved regulations.
[[Page 24375]]
EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
State
State regulation (7 DNREC 1100) Title/subject effective EPA approval Additional explanation
date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
1102............................... Permits
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 3.0........................ Application/ 9/11/08 8/11/10 ......................
Registration 75 FR 48566
Prepared by
Interested Party.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
1105............................... Particulate Emissions from Industrial Process Operations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 6.0........................ Restrictions on Prill 9/11/08 8/11/10 ......................
Tower Operation. 75 FR 48566
* * * * * * *
----------------------------------------------------------------------------------------------------------------
1107............................... Particulate Emissions from Incineration of Noninfectious Waste
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
1124............................... Control of Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Appendix I......................... Method to Determine 9/11/08 8/11/10 ......................
Length of Rolling 75 FR 48566
Period for Liquid/
Liquid Material
Balance.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
1127............................... Stack Heights
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 2.0........................ Definitions Specific 9/11/08 8/11/10
to this Regulation. 75 FR 48566
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Regulation No. 37.................. NOX Budget Program
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Appendix ``A''..................... NOX Budget Program... 12/11/99 3/9/00 ......................
65 FR 12481
* * * * * * *
----------------------------------------------------------------------------------------------------------------
1141............................... Limiting Emissions of Volatile Organic Compounds from Consumer and
Commercial Products
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 2.0........................ Consumer Products.... 4/11/09 10/20/10 ......................
75 FR 64673
* * * * * * *
----------------------------------------------------------------------------------------------------------------
1142............................... Specific Emission Control Requirements
----------------------------------------------------------------------------------------------------------------
[[Page 24376]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 2.0........................ Control of NOX 11/11/09 6/4/10 New regulation.
Emissions from 75 FR 31711
Industrial Boilers
and Process Heaters
at Petroleum
Refineries.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2011-10428 Filed 4-29-11; 8:45 am]
BILLING CODE 6560-50-P
