Approval and Promulgation of Air Quality Implementation Plans; Delaware; Infrastructure State Implementation Plan Requirement To Address Interstate Transport for the 2006 24-Hour PM2.5, 53638-53640 [2011-21935]
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53638
Federal Register / Vol. 76, No. 167 / Monday, August 29, 2011 / Rules and Regulations
each person required to pay the fee
under § 310.8(c) must first pay $56 for
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*
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By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2011–21992 Filed 8–26–11; 8:45 am]
BILLING CODE 6750–01–P
I. Background
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–1027; FRL–9457–2]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Infrastructure State
Implementation Plan Requirement To
Address Interstate Transport for the
2006 24-Hour PM2.5 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Delaware on
September 16, 2009, as supplemented
on April 27, 2011. The revision satisfies
the Clean Air Act (CAA) infrastructure
requirement that each State’s plan
contain adequate provisions prohibiting
its emissions from contributing
significantly to nonattainment in, or
interfering with maintenance by, any
other state with respect to the 2006 24hour fine particulate matter (PM2.5)
national ambient air quality standards
(NAAQS). EPA is approving this
revision in accordance with the
requirements of the CAA.
DATES: Effective Date: This final rule is
effective on September 28, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2010–1027. 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.
Emcdonald on DSK2BSOYB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:05 Aug 26, 2011
Jkt 223001
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy for public inspection during
normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Delaware Department of
Natural Resources and Environmental
Control, 89 Kings Highway, P.O. Box
1401, Dover, Delaware 19903.
FOR FURTHER INFORMATION CONTACT:
Marilyn Powers, (215) 814–2308, or by
e-mail at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
On January 18, 2011 (76 FR 2853),
EPA published a notice of proposed
rulemaking (NPR) for the State of
Delaware. The NPR proposed approval,
and in the alternative, proposed
disapproval of Delaware’s infrastructure
SIP submittal intended to address
significant contribution to
nonattainment or interference with
maintenance in another state with
respect to the 2006 PM2.5 NAAQS, as
required by section 110(a)(2)(D)(i)(I) of
the CAA. The formal SIP revision was
submitted by the Delaware Department
of Natural Resources and Environmental
Control (DNREC) on September 16,
2009. As discussed in EPA’s January 18,
2011 NPR (76 FR 2853), DNREC
supplemented its September 16, 2009
submittal with a technical analysis
submitted to EPA for parallel-processing
on December 9, 2010. Since the time of
EPA’s January 18, 2011 NPR, DNREC
took the supplemental technical
analysis, for which it has requested
parallel-processing, through the public
notice and hearing procedures required
for SIP revisions by section 110 of the
CAA. On April 27, 2011, DNREC
submitted the technical analysis to EPA
as a formal supplement to its September
16, 2009 submittal. The technical
analysis submitted on April 27, 2011 is
exactly the same as the technical
analysis for which DNREC requested
parallel-processing on December 9,
2010, and which was included in the
rulemaking docket (EPA–R03–OAR–
2010–1027) for EPA’s January 18, 2011
NPR (76 FR 2853).
This final action addresses only those
portions of Delaware’s September 16,
2009 submittal that address the
110(a)(2)(D)(i)(I) requirements relating
to significant contribution to
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
nonattainment or interference with
maintenance in another state with
respect to the 2006 PM2.5 NAAQS. EPA
has taken separate action on certain
other portions of Delaware’s September
16, 2009 submittal. (See Docket ID No.
EPA–R03–OAR–2010–0158.)
II. EPA’s Evaluation of the SIP Revision
In the January 18, 2011 NPR (76 FR
2853), EPA proposed to approve, and in
the alternative, proposed to disapprove
Delaware’s SIP revision to address
significant contribution to
nonattainment or interference with
maintenance in another state with
respect to the 2006 PM2.5 NAAQS. The
NPR explained that if in the course of
reviewing and preparing responses to
the comments submitted on the
proposed ‘‘Federal Implementation
Plans to Reduce Interstate Transport of
Fine Particulate Matter and Ozone’’ (75
FR 45210, August 2, 2010, also known
as the Transport Rule), EPA’s additional
modeling and the adjustments made to
its technical analyses indicate that the
State of Delaware should not be subject
to or covered by the final Transport
Rule, EPA would take final action to
approve DNREC’s SIP. Alternatively, if
in the course of reviewing and preparing
responses to the comments submitted
on the proposed Transport Rule, EPA’s
additional modeling and the
adjustments made to its technical
analyses indicate that the State of
Delaware should be subject to and
covered by the final Transport Rule,
EPA would to take final action to
disapprove Delaware’s SIP revision for
infrastructure element 110(a)(2)(D)(i)(I)
for the 2006 PM2.5 NAAQS. The full
explanation and rationale for EPA’s
proposed action is discussed in the NPR
and will not be restated here.
On July 6, 2011, EPA promulgated the
Transport Rule, now referred to as the
‘‘Cross-State Air Pollution Rule’’
(CSAPR). EPA’s review of the comments
submitted on the proposed Transport
Rule and the additional modeling and
adjustments made to the technical
analyses for the final CSAPR indicate
that the State of Delaware is meeting its
obligations to address the requirements
of CAA section 110(a)(2)(D)(i)(I). EPA
has, therefore, determined that Delaware
is not subject to or covered by the
CSAPR. For additional information on
the final CSAPR, including the technical
support documents and the rationale for
EPA’s final determination that Delaware
does not significantly contribute to any
other state’s ability to attain or maintain
the 2006 PM2.5 NAAQS, please see
Docket ID No. EPA–HQ–OAR–2009–
0491 for the Federal Implementation
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53639
Federal Register / Vol. 76, No. 167 / Monday, August 29, 2011 / Rules and Regulations
Plan to Reduce Interstate Transport of
Fine Particulate Matter and Ozone.
III. Final Action
EPA is approving Delaware’s
September 16, 2009 SIP revision as
supplemented on April 27, 2011. This
SIP revision satisfies the CAA
infrastructure requirement that each SIP
contain adequate provisions prohibiting
emissions within the State from
contributing significantly to
nonattainment in, or interfere with
maintenance by, any other state with
respect to the 2006 24-hour fine
particulate matter (PM2.5) NAAQS.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 28, 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. This action
approving Delaware’s infrastructure SIP
to address the requirements of CAA
section 110(a)(2)(D)(i)(I) for the 2006
PM2.5 NAAQS may not challenged later
in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: August 11, 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. In § 52.420, the table in paragraph
(e) is amended by adding the entry for
Infrastructure element 110(a)(2)(D)(i)(I)
related to interstate transport at the end
of the table to read as follows:
■
§ 52.420
*
Identification of plan.
*
*
(e) * * *
*
*
Emcdonald on DSK2BSOYB1PROD with RULES
Name of
non-regulatory SIP revision
Applicable geographic or
nonattainment area
State submittal
date
EPA approval date
*
*
Infrastructure element 110(a)(2)(D)(i)(I) related to interstate transport.
*
Statewide ..............
*
9/16/09; 4/27/11 ....
*
*
8/29/11 [Insert page number
where the document begins].
VerDate Mar<15>2010
16:05 Aug 26, 2011
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E:\FR\FM\29AUR1.SGM
29AUR1
Additional
explanation
*
53640
Federal Register / Vol. 76, No. 167 / Monday, August 29, 2011 / Rules and Regulations
[FR Doc. 2011–21935 Filed 8–26–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2011–0412; FRL–9455–3]
Revisions to the California State
Implementation Plan, San Joaquin
Valley Unified Air Pollution Control
District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is finalizing approval of
revisions to the San Joaquin Valley
Unified Air Pollution Control District
(SJVUAPCD) portion of the California
State Implementation Plan (SIP). These
SUMMARY:
Local agency
Rule No.
SJVUAPCD ...............
4354
Emcdonald on DSK2BSOYB1PROD with RULES
III. EPA Action
No comments were submitted that
change our assessment that the
submitted rule complies with the
relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the
Act, EPA is fully approving this rule
into the California SIP.
IV. Statutory and Executive Order
Reviews
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:
Jkt 223001
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On June 24, 2011 (76 FR 37044), EPA
proposed to approve the following rule
into the California SIP.
Amended
Glass Melting Furnaces ...........................................................
II. Public Comments and EPA
Responses
EPA’s proposed action provided a 30day public comment period. During this
period, we received no comments.
16:05 Aug 26, 2011
available in either location (e.g.,
confidential business information
(CBI)). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Idalia Perez, EPA Region IX, (415) 972–
3248, perez.idalia@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Rule title
We proposed to approve this rule
because we determined that it complies
with the relevant CAA requirements.
Our proposed action contains more
information on the rule and our
evaluation.
VerDate Mar<15>2010
revisions were proposed in the Federal
Register on June 24, 2011 and concern
oxides of nitrogen (NOx) and particulate
matter (PM) emissions from glass
melting furnaces. We are approving a
local rule that regulates these emission
sources under the Clean Air Act as
amended in 1990 (CAA or the Act).
DATES: Effective Date: This rule is
effective on September 28, 2011.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2011–0412 for
this action. Generally, documents in the
docket for this action are available
electronically at https://
www.regulations.gov or in hard copy at
EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed at
https://www.regulations.gov, some
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material, large maps, multivolume reports), and some may not be
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
09/16/10
Submitted
04/05/11
disproportionate human health or
environmental effects with practical,
appropriate, 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.
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).
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
E:\FR\FM\29AUR1.SGM
29AUR1
]]>Agencies
[Federal Register Volume 76, Number 167 (Monday, August 29, 2011)]
[Rules and Regulations]
[Pages 53638-53640]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21935]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-1027; FRL-9457-2]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Infrastructure State Implementation Plan Requirement To
Address Interstate Transport for the 2006 24-Hour PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Delaware on September 16, 2009, as
supplemented on April 27, 2011. The revision satisfies the Clean Air
Act (CAA) infrastructure requirement that each State's plan contain
adequate provisions prohibiting its emissions from contributing
significantly to nonattainment in, or interfering with maintenance by,
any other state with respect to the 2006 24-hour fine particulate
matter (PM2.5) national ambient air quality standards
(NAAQS). EPA is approving this revision in accordance with the
requirements of the CAA.
DATES: Effective Date: This final rule is effective on September 28,
2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-1027. All documents in the docket are listed in
the https://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through https://www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
Delaware Department of Natural Resources and Environmental Control, 89
Kings Highway, P.O. Box 1401, Dover, Delaware 19903.
FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by
e-mail at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On January 18, 2011 (76 FR 2853), EPA published a notice of
proposed rulemaking (NPR) for the State of Delaware. The NPR proposed
approval, and in the alternative, proposed disapproval of Delaware's
infrastructure SIP submittal intended to address significant
contribution to nonattainment or interference with maintenance in
another state with respect to the 2006 PM2.5 NAAQS, as
required by section 110(a)(2)(D)(i)(I) of the CAA. The formal SIP
revision was submitted by the Delaware Department of Natural Resources
and Environmental Control (DNREC) on September 16, 2009. As discussed
in EPA's January 18, 2011 NPR (76 FR 2853), DNREC supplemented its
September 16, 2009 submittal with a technical analysis submitted to EPA
for parallel-processing on December 9, 2010. Since the time of EPA's
January 18, 2011 NPR, DNREC took the supplemental technical analysis,
for which it has requested parallel-processing, through the public
notice and hearing procedures required for SIP revisions by section 110
of the CAA. On April 27, 2011, DNREC submitted the technical analysis
to EPA as a formal supplement to its September 16, 2009 submittal. The
technical analysis submitted on April 27, 2011 is exactly the same as
the technical analysis for which DNREC requested parallel-processing on
December 9, 2010, and which was included in the rulemaking docket (EPA-
R03-OAR-2010-1027) for EPA's January 18, 2011 NPR (76 FR 2853).
This final action addresses only those portions of Delaware's
September 16, 2009 submittal that address the 110(a)(2)(D)(i)(I)
requirements relating to significant contribution to nonattainment or
interference with maintenance in another state with respect to the 2006
PM2.5 NAAQS. EPA has taken separate action on certain other
portions of Delaware's September 16, 2009 submittal. (See Docket ID No.
EPA-R03-OAR-2010-0158.)
II. EPA's Evaluation of the SIP Revision
In the January 18, 2011 NPR (76 FR 2853), EPA proposed to approve,
and in the alternative, proposed to disapprove Delaware's SIP revision
to address significant contribution to nonattainment or interference
with maintenance in another state with respect to the 2006
PM2.5 NAAQS. The NPR explained that if in the course of
reviewing and preparing responses to the comments submitted on the
proposed ``Federal Implementation Plans to Reduce Interstate Transport
of Fine Particulate Matter and Ozone'' (75 FR 45210, August 2, 2010,
also known as the Transport Rule), EPA's additional modeling and the
adjustments made to its technical analyses indicate that the State of
Delaware should not be subject to or covered by the final Transport
Rule, EPA would take final action to approve DNREC's SIP.
Alternatively, if in the course of reviewing and preparing responses to
the comments submitted on the proposed Transport Rule, EPA's additional
modeling and the adjustments made to its technical analyses indicate
that the State of Delaware should be subject to and covered by the
final Transport Rule, EPA would to take final action to disapprove
Delaware's SIP revision for infrastructure element 110(a)(2)(D)(i)(I)
for the 2006 PM2.5 NAAQS. The full explanation and rationale
for EPA's proposed action is discussed in the NPR and will not be
restated here.
On July 6, 2011, EPA promulgated the Transport Rule, now referred
to as the ``Cross-State Air Pollution Rule'' (CSAPR). EPA's review of
the comments submitted on the proposed Transport Rule and the
additional modeling and adjustments made to the technical analyses for
the final CSAPR indicate that the State of Delaware is meeting its
obligations to address the requirements of CAA section
110(a)(2)(D)(i)(I). EPA has, therefore, determined that Delaware is not
subject to or covered by the CSAPR. For additional information on the
final CSAPR, including the technical support documents and the
rationale for EPA's final determination that Delaware does not
significantly contribute to any other state's ability to attain or
maintain the 2006 PM2.5 NAAQS, please see Docket ID No. EPA-
HQ-OAR-2009-0491 for the Federal Implementation
[[Page 53639]]
Plan to Reduce Interstate Transport of Fine Particulate Matter and
Ozone.
III. Final Action
EPA is approving Delaware's September 16, 2009 SIP revision as
supplemented on April 27, 2011. This SIP revision satisfies the CAA
infrastructure requirement that each SIP contain adequate provisions
prohibiting emissions within the State from contributing significantly
to nonattainment in, or interfere with maintenance by, any other state
with respect to the 2006 24-hour fine particulate matter
(PM2.5) NAAQS.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 28, 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. This action approving Delaware's infrastructure SIP to address
the requirements of CAA section 110(a)(2)(D)(i)(I) for the 2006
PM2.5 NAAQS may not challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: August 11, 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. In Sec. 52.420, the table in paragraph (e) is amended by adding the
entry for Infrastructure element 110(a)(2)(D)(i)(I) related to
interstate transport at the end of the table to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(e) * * *
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Name of non-regulatory SIP Applicable geographic or
revision nonattainment area State submittal date EPA approval date Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure element Statewide..................... 9/16/09; 4/27/11.............. 8/29/11 [Insert page
110(a)(2)(D)(i)(I) related to number where the
interstate transport. document begins].
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[[Page 53640]]
[FR Doc. 2011-21935 Filed 8-26-11; 8:45 am]
BILLING CODE 6560-50-P
