Approval and Promulgation of Air Quality Implementation Plans; Delaware; Requirements for Preconstruction Review, Prevention of Significant Deterioration, 58120-58122 [2011-23984]
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58120
Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations
Name of non-regulatory
SIP revision
Applicable geographic area
*
*
Reasonable Further Progress Plan
(RFP), Reasonably Available
Control Measures, and Contingency Measures.
2002 Base Year Inventory for VOC,
NOx, and CO.
*
*
Washington DC-MD-VA 1997 8hour ozone moderate nonattainment area.
2008 RFP Transportation
formity Budgets.
Con-
Washington DC-MD-VA
hour ozone moderate
ment area.
Washington DC-MD-VA
hour ozone moderate
ment area.
9. Section 52.2425 is amended by
revising the section heading and by
adding paragraph (e) to read as follows:
■
§ 52.2425
Base Year Emissions Inventory.
*
*
*
*
*
(e) EPA approves as a revision to the
Virginia State Implementation Plan the
2002 base year emissions inventories for
the Washington, DC-MD-VA 1997 8hour ozone moderate nonattainment
area submitted by the Director of the
Virginia Department of Environment
Quality on June 12, 2007. This submittal
consists of the 2002 base year point,
State submittal
date
EPA approval date
6/12/07
*
*
9/20/11 [Insert page number where
the document begins].
1997 8nonattain-
6/12/07
9/20/11 [Insert page number where
the document begins].
1997 8nonattain-
6/12/07
Additional
explanation
9/20/11 [Insert page number where
the document begins].
area, non-road mobile, and on-road
mobile source inventories in area for the
following pollutants: volatile organic
compounds (VOC), carbon monoxide
(CO) and nitrogen oxides (NOX).
■ 10. Section 52.2428 is amended by
adding paragraphs (f) and (g) to read as
follows:
§ 52.2428 Control Strategy: Carbon
monoxide and ozone.
*
*
*
*
*
(f) EPA approves revisions to the
Virginia State Implementation Plan
consisting of the 2008 reasonable further
*
progress (RFP) plan, reasonably
available control measures, and
contingency measures for the
Washington, DC-MD-VA 1997 8-hour
ozone moderate nonattainment area
submitted by the Director of the Virginia
Department of Environment Quality on
June 12, 2007.
(g) EPA approves the following 2008
RFP motor vehicle emissions budgets
(MVEBs) for the Washington, DC-MDVA 1997 8-hour ozone moderate
nonattainment area submitted by the
Director of the Virginia Department of
Environment Quality on June 12, 2007:
TRANSPORTATION CONFORMITY EMISSIONS BUDGETS FOR THE WASHINGTON, DC-MD-VA AREA
Type of control strategy
SIP
Year
VOC
(TPD)
NOX
(TPD)
Effective date
of adequacy
determination or
SIP approval
Rate of Progress Plan ....................................
2008
70.8
159.8
September 21, 2009 (74 FR 45853), published September 4, 2009.
[FR Doc. 2011–23967 Filed 9–19–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–0770; FRL–9466–5]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Requirements for
Preconstruction Review, Prevention of
Significant Deterioration
Environmental Protection
Agency (EPA).
ACTION: Final rule.
sroberts on DSK5SPTVN1PROD with RULES
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Delaware. The
revision establishes and requires the
addition of nitrogen oxides (NOX) as a
precursor to ozone in the Delaware SIP.
EPA is approving this revision to
SUMMARY:
VerDate Mar<15>2010
18:12 Sep 19, 2011
Jkt 223001
include NOX as a precursor to ozone in
the requirements for preconstruction
review for prevention of significant
deterioration (PSD) areas in Delaware in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: Effective Date: This final rule is
effective on October 20, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2010–0770. All
documents in the docket are listed in
the https://www.regulations.gov website.
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
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
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:
Sharon McCauley, (215) 814–3376, or by
e-mail at mccauley.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. On May 9, 2011 (76 FR 26679),
EPA published a notice of proposed
rulemaking (NPR) for the State of
Delaware. The NPR proposed approval
of NOX as a precursor to ozone in the
requirements for preconstruction review
for PSD areas in Delaware. The formal
SIP revision was submitted by Delaware
on April 1, 2010.
E:\FR\FM\20SER1.SGM
20SER1
Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations
sroberts on DSK5SPTVN1PROD with RULES
This SIP revision approval will add
the current regulations found in
Regulation 1125, section 3.0,
Requirements for Preconstruction
Review, Prevention of Significant
Deterioration (Regulation 1125, section
3.0) as of April 11, 2010 which
established NOX as a precursor to ozone,
but will keep intact the formally
approved Delaware SIP increments for
NOX found in the Federal Register
notice for Delaware dated July 27, 1993
(58 FR 40065) for permitting and the
construction of new major stationary
sources and the significant modification
of existing major stationary sources of
air pollutants in areas designated
attainment or non-classifiable for the
National Ambient Air Quality Standards
(NAAQS).
II. Summary of SIP Revision
As required by 40 CFR part 51,
Subpart I—‘‘Review of New Sources and
Modifications,’’ this rule adopts criteria
and procedures for the prevention of
significant deterioration of air quality
that are consistent with the governing
Federal regulation at 40 CFR 51.166.
Promulgation of this rule by the State
Legislature was necessary for the State
to fulfill its responsibilities under 40
CFR part 51 and the CAA, as amended.
Revisions to the State’s rule were also
necessary to ensure that the SIP
provides for the attainment and
maintenance of the NAAQS. This SIP
approval action addresses changes
needed in the part C PSD permit
program. This SIP submission also
corrects deficiencies identified by EPA
in the March 27, 2008 Federal Register
action entitled, ‘‘Completeness Findings
for section 110(a) State Implementation
Plans for the 8-hour Ozone National
Ambient Air Quality Standards (1997
Ozone NAAQS)’’ (73 FR 16205). EPA’s
approval of this SIP submission
addresses Delaware’s compliance with
the portion of CAA section 110(a)(2)(C)
& (J) relating to the CAA’s part C permit
program for the 1997 Ozone NAAQS,
because this approval action will
establish NOX as a precursor to ozone in
Delaware’s SIP in accordance with the
Federal Register action dated November
29, 2005 (70 FR 71612) that finalized the
NOx as a precursor for ozone regulations
set forth at 40 CFR 51.166 and in 40 CFR
52.21. As such, this approval action will
add NOx as a precursor to ozone in the
Delaware SIP and Delaware will be in
compliance with the portion of CAA
section 110(a)(2)(C) and (J) relating to
the CAA’s part C permit program for the
1997 ozone NAAQS.
Other specific requirements of NOx as
a precursor to ozone and the rationale
for EPA’s proposed action are explained
VerDate Mar<15>2010
16:50 Sep 19, 2011
Jkt 223001
in the NPR and will not be restated here.
No public comments were received on
the NPR.
III. Final Action
EPA is approving the addition of
nitrogen oxides (NOX) as a precursor to
ozone for PSD as a revision to the
Delaware SIP and is making a
determination that Delaware is in
compliance with the portion of CAA
section 110(a)(2)(C) and (J) relating to
the CAA’s part C permit program for the
1997 ozone 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
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
58121
• 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 November 21, 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 to add
nitrogen oxides (NOX) as a precursor to
ozone into the Delaware SIP 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
E:\FR\FM\20SER1.SGM
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58122
Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations
Dated: August 31, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
Authority: 42 U.S.C. 7401 et seq.
§ 52.420
*
Subpart I—Delaware
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Identification of plan.
*
*
(c) * * *
*
*
2. In § 52.420, the table in paragraph
(c) is amended by revising the entry for
Regulation 1125, Section 3.0 to read as
follows:
■
EPA-APPROVED REGULATIONS IN THE DELAWARE SIP
State regulation
(7 DNREC 1100)
State effective
date
Title/subject
*
*
*
1125
*
Section 3.0 ..............
*
Prevention of Significant Deterioration of Air
Quality.
*
*
*
*
*
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Chapter 2
Defense Federal Acquisition
Regulation Supplement; Material
Inspection and Receiving Report
(DFARS Case 2009–D023)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS), Appendix F, Material
Inspection and Receiving Report, to
incorporate new procedures for using
the electronic Wide Area WorkFlow
(WAWF) Receiving Report.
DATES: Effective date: September 20,
2011.
SUMMARY:
sroberts on DSK5SPTVN1PROD with RULES
*
Mr.
Julian Thrash, telephone 703–602–0310.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Jkt 223001
*
*
*
9/20/11 [Insert page number where the
document begins].
*
*
DoD published a proposed rule in the
Federal Register (75 FR 56961) on
September 17, 2010, to amend DFARS
Appendix F, Material Inspection and
Receiving Report, to provide new
coverage on the use, preparation, and
distribution of the electronic WAWF
receiving report, which is the primary
method for documenting acceptance of
supplies and services and for electronic
invoicing. The rule also addressed
WAWF capability to provide the
following:
• Item Unique Identification (IUID).
When the clause at DFARS 252.211–
7003, Item Identification and Valuation,
is used in the contract and requires
reporting of IUID data, WAWF captures
the IUID data and forwards the data to
the IUID registry after acceptance.
WAWF may be used to report Unique
Item Identifiers (UIIs) at the line item
level and also UIIs embedded at the line
item level.
• Radio Frequency Identification
(RFID). When the clause at DFARS
252.211–7006, Radio Frequency
Identification, is used in the contract,
WAWF will capture the RFID
information and forward the data to the
receiving location.
Using WAWF is the only way a
contractor can comply with the clause
to furnish RFID data via an Advance
Shipping Notice. Insertion of the new
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Fmt 4700
*
*
Modified to include NOX as precursor
to ozone. Previous SIP-approved revisions to Section 3.1 for nitrogen dioxide increments and Section 3.9A
(now designated as Section 3.10.1)
for air quality models remain part of
the SIP.
*
I. Background
BILLING CODE 6560–50–P
18:12 Sep 19, 2011
Additional explanation
REQUIREMENTS FOR PRECONSTRUCTION REVIEW
*
[FR Doc. 2011–23984 Filed 9–19–11; 8:45 am]
VerDate Mar<15>2010
*
*
4/11/10
*
*
EPA approval date
Sfmt 4700
*
*
WAWF coverage into Appendix F
necessitates relocating and renumbering
existing coverage for use, preparation,
and distribution of the DD Form 250
Material Inspection and Receiving
Report, and the DD Form 250–1 Tanker/
Barge Material Inspection and Receiving
Report.
II. Discussion and Analysis
In response to the proposed rule, DoD
received comments from five
respondents. A discussion of the
comments follows.
A. Revise F–103, WAWF RR and DD
Form 250
Comment: Two respondents suggested
changing the text at F–103(b)(2) for the
transfer of Government property using
the property transfer function. Another
respondent recommended adding where
training for the preparation of document
types is available.
Response: These recommendations
are incorporated into the final rule.
B. Limitation on the Quantity of
Embedded Items in WAWF
Comment: A respondent asked if there
was a limit on the quantity of embedded
items at the line item level that may be
reported in WAWF.
Response: A quantity limit of 100
embedded items currently exists in the
software capability, however, this limit
E:\FR\FM\20SER1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 182 (Tuesday, September 20, 2011)]
[Unknown Section]
[Pages 58120-58122]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23984]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0770; FRL-9466-5]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Requirements for Preconstruction Review, Prevention of
Significant Deterioration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Delaware. The revision establishes and
requires the addition of nitrogen oxides (NOX) as a
precursor to ozone in the Delaware SIP. EPA is approving this revision
to include NOX as a precursor to ozone in the requirements
for preconstruction review for prevention of significant deterioration
(PSD) areas in Delaware in accordance with the requirements of the
Clean Air Act (CAA).
DATES: Effective Date: This final rule is effective on October 20,
2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-0770. All documents in the docket are listed in
the https://www.regulations.gov website. 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: Sharon McCauley, (215) 814-3376, or by
e-mail at mccauley.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On May 9, 2011 (76 FR 26679), EPA published a notice
of proposed rulemaking (NPR) for the State of Delaware. The NPR
proposed approval of NOX as a precursor to ozone in the
requirements for preconstruction review for PSD areas in Delaware. The
formal SIP revision was submitted by Delaware on April 1, 2010.
[[Page 58121]]
This SIP revision approval will add the current regulations found
in Regulation 1125, section 3.0, Requirements for Preconstruction
Review, Prevention of Significant Deterioration (Regulation 1125,
section 3.0) as of April 11, 2010 which established NOX as a
precursor to ozone, but will keep intact the formally approved Delaware
SIP increments for NOX found in the Federal Register notice
for Delaware dated July 27, 1993 (58 FR 40065) for permitting and the
construction of new major stationary sources and the significant
modification of existing major stationary sources of air pollutants in
areas designated attainment or non-classifiable for the National
Ambient Air Quality Standards (NAAQS).
II. Summary of SIP Revision
As required by 40 CFR part 51, Subpart I--``Review of New Sources
and Modifications,'' this rule adopts criteria and procedures for the
prevention of significant deterioration of air quality that are
consistent with the governing Federal regulation at 40 CFR 51.166.
Promulgation of this rule by the State Legislature was necessary for
the State to fulfill its responsibilities under 40 CFR part 51 and the
CAA, as amended. Revisions to the State's rule were also necessary to
ensure that the SIP provides for the attainment and maintenance of the
NAAQS. This SIP approval action addresses changes needed in the part C
PSD permit program. This SIP submission also corrects deficiencies
identified by EPA in the March 27, 2008 Federal Register action
entitled, ``Completeness Findings for section 110(a) State
Implementation Plans for the 8-hour Ozone National Ambient Air Quality
Standards (1997 Ozone NAAQS)'' (73 FR 16205). EPA's approval of this
SIP submission addresses Delaware's compliance with the portion of CAA
section 110(a)(2)(C) & (J) relating to the CAA's part C permit program
for the 1997 Ozone NAAQS, because this approval action will establish
NOX as a precursor to ozone in Delaware's SIP in accordance
with the Federal Register action dated November 29, 2005 (70 FR 71612)
that finalized the NOx as a precursor for ozone regulations
set forth at 40 CFR 51.166 and in 40 CFR 52.21. As such, this approval
action will add NOx as a precursor to ozone in the Delaware
SIP and Delaware will be in compliance with the portion of CAA section
110(a)(2)(C) and (J) relating to the CAA's part C permit program for
the 1997 ozone NAAQS.
Other specific requirements of NOx as a precursor to
ozone and the rationale for EPA's proposed action are explained in the
NPR and will not be restated here. No public comments were received on
the NPR.
III. Final Action
EPA is approving the addition of nitrogen oxides (NOX)
as a precursor to ozone for PSD as a revision to the Delaware SIP and
is making a determination that Delaware is in compliance with the
portion of CAA section 110(a)(2)(C) and (J) relating to the CAA's part
C permit program for the 1997 ozone 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 November 21, 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 to add nitrogen oxides (NOX) as a
precursor to ozone into the Delaware SIP 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
[[Page 58122]]
Dated: August 31, 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 (c) is amended by revising
the entry for Regulation 1125, Section 3.0 to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Delaware SIP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
State regulation (7 DNREC Additional
1100) Title/subject State effective date EPA approval date explanation
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1125 REQUIREMENTS FOR PRECONSTRUCTION REVIEW
* * * * * * *
Section 3.0................... Prevention of 4/11/10................................................................................................................................................................................................................ 9/20/11 [Insert page Modified to include
Significant number where the NOX as precursor to
Deterioration of document begins]. ozone. Previous SIP-
Air Quality. approved revisions
to Section 3.1 for
nitrogen dioxide
increments and
Section 3.9A (now
designated as
Section 3.10.1) for
air quality models
remain part of the
SIP.
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[FR Doc. 2011-23984 Filed 9-19-11; 8:45 am]
BILLING CODE 6560-50-P
