Approval and Promulgation of Air Quality Implementation Plans; Delaware; Requirements for Prevention of Significant Deterioration and Nonattainment New Source Review; Fine Particulate Matter (PM2.5, 60053-60056 [2012-24095]
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Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Rules and Regulations
assessment is not required because this
rule will not deny any private property
owner of beneficial uses of their land,
nor will it significantly reduce their
land’s value. No taking of personal
property will occur as a result of this
rule.
Federalism (Executive Order 13132)
Under the criteria in section 1 of
Executive Order 13132, this rule does
not have sufficient federalism
implications to warrant the preparation
of a Federalism summary impact
statement. A Federalism summary
impact statement is not required.
Civil Justice Reform (Executive Order
12988)
This rule complies with the
requirements of Executive Order 12988.
Specifically this rule:
(a) Meets the in the criteria of section
3(a) requiring that all regulations be
reviewed to eliminate errors and
ambiguity and be written to minimize
litigation; and
(b) meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
Consultation With Indian Tribes
(Executive Order 13175 and Department
Policy)
The Department of the Interior strives
to strengthen its government-togovernment relationship with Indian
tribes through a commitment to
consultation with Indian tribes and
recognition of their right to selfgovernance and tribal sovereignty. We
have evaluated this rule under the
Department’s consultation policy and
under the criteria in Executive Order
13175 and have determined that it has
no substantial direct effects on federally
recognized Indian tribes and that
consultation under the Department’s
tribal consultation policy is not
required.
Affiliated Native American tribes
were contacted by letters sent in
December 2008 to solicit any interests or
concerns with the proposed action. No
responses were received by the Park.
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Paperwork Reduction Act (PRA)
This rule does not contain
information collection requirements,
and a submission under the PRA is not
required.
National Environmental Policy Act
(NEPA)
This rule does not constitute a major
Federal action significantly affecting the
quality of the human environment. A
detailed statement under the NEPA is
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not required because we reached a
FONSI. The Plan/EA and FONSI that
included an evaluation of bicycling on
the Hope Camp Trail may be viewed
online at https://www.nps.gov/sagu/
parkmgmt/park-planning.htm.
Effects on the Energy Supply (Executive
Order 13211)
This rule is not a significant energy
action under the definition in Executive
Order 13211. A statement of Energy
Effects is not required.
Drafting Information
The primary authors of this regulation
are Robert Love, Chief Ranger, Saguaro
National Park, Darla Sidles,
Superintendent, Saguaro National Park,
John Calhoun and A.J. North, NPS
Regulations Program, Washington, DC.
List of Subjects in 36 CFR Part 7
National Parks, Reporting and
recordkeeping requirements.
In consideration of the foregoing, the
NPS amends 36 CFR part 7 as set forth
below:
PART 7—SPECIAL REGULATIONS,
AREAS OF THE NATIONAL PARK
SYSTEM
1. The authority citation for Part 7
continues to read as follows:
■
Authority: 16 U.S.C. 1, 3, 9a, 462(k); Sec.
7.96 also issued under 36 U.S.C. 501–511,
D.C. Code 10–137 (2001) and D.C. Code 50–
2201 (2001).
■
2. Revise § 7.11(a) to read as follows:
§ 7.11
Saguaro National Park.
(a) Bicycling. (1) The following trails
are designated as routes for bicycle use:
(i) That portion of the Cactus Forest
Trail inside the Cactus Forest Drive; and
(ii) The Hope Camp Trail, from the
Loma Alta Trailhead east to the Arizona
State Trust Lands boundary, located
approximately .2 miles beyond Hope
Camp.
(2) The Superintendent may open or
close designated routes, or portions
thereof, or impose conditions or
restrictions for bicycle use after taking
into consideration public health and
safety, natural and cultural resource
protection, and other management
activities and objectives.
(i) The Superintendent will provide
public notice of all such actions through
one or more of the methods listed in
§ 1.7 of this chapter.
(ii) Violating a closure, condition, or
restriction is prohibited.
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60053
Dated: September 25, 2012.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2012–24231 Filed 10–1–12; 8:45 am]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0381; FRL– 9735–7]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Requirements for
Prevention of Significant Deterioration
and Nonattainment New Source
Review; Fine Particulate Matter (PM2.5)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Delaware on
March 14, 2012. This SIP revision
pertaining to Delaware’s Prevention of
Significant Deterioration (PSD) and
nonattainment New Source Review
(NSR) programs incorporates
preconstruction permitting
requirements for fine particulate matter
(PM2.5) into the Delaware SIP. In
addition, EPA is approving SIP
revisions and portions of SIP
submissions for the purpose of
determining that Delaware has met its
statutory obligations with respect to the
infrastructure requirements of the Clean
Air Act (CAA) which relate to
Delaware’s PSD permitting program and
are necessary to implement, maintain,
and enforce the 1997 national ambient
air quality standards (NAAQS) for PM2.5
and ozone, the 2006 PM2.5 NAAQS, and
the 2008 lead NAAQS. EPA is
approving these revisions in accordance
with the requirements of the Clean Air
Act (CAA).
DATES: This final rule is effective on
November 1, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2012–0381. All
documents in the docket are listed in
the 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.
SUMMARY:
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Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Rules and Regulations
Publicly available docket materials are
available either electronically through
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:
Gerallyn Duke, (215) 814–2084, or by
email at duke.gerallyn@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. On August 1, 2012 (77 FR 45527),
EPA published a notice of proposed
rulemaking (NPR) for the State of
Delaware. The NPR proposed approval
of a SIP revision pertaining to
Delaware’s Prevention of Significant
Deterioration (PSD) and nonattainment
New Source Review (NSR) programs
which incorporates preconstruction
permitting requirements for fine
particulate matter (PM2.5) into the
Delaware SIP. In addition, EPA
proposed approval of SIP revisions and
portions of SIP submissions for the
purpose of determining that Delaware
has met its statutory obligations with
respect to the infrastructure
requirements of the Clean Air Act (CAA)
which relate to Delaware’s PSD
permitting program and are necessary to
implement, maintain, and enforce the
1997 PM2.5 and ozone NAAQS, the 2006
PM2.5 NAAQS, and the 2008 lead
NAAQS. The formal SIP revision was
submitted by Delaware on March 14,
2012.
The purpose of this SIP revision is to
incorporate the PSD and nonattainment
preconstruction permitting
requirements for PM2.5 that are set forth
in two Federal rules. The first is the
‘‘Implementation of the New Source
Review (NSR) Program for Particulate
Matter less than 2.5 Micrometers
(PM2.5)’’ (NSR PM2.5 Rule), which was
promulgated on May 16, 2008 (73 FR
28321). The second is the ‘‘Prevention
of Significant Deterioration (PSD) for
Particulate Matter less than 2.5
Micrometers (PM2.5)—Increments,
Significant Impact Levels (SILs) and
Significant Monitoring Concentration
(SMC)’’ (PSD PM2.5 Rule), which was
promulgated on October 20, 2010 (75 FR
64864).
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II. Summary of SIP Revision
The SIP revision consists of
amendments to sections 1.0, 2.0, and 3.0
of 7 DE Admin. Code 1125,
‘‘Requirements for Preconstruction
Review.’’ The amendments establish the
major source threshold, significant
emission rate and offset ratios for PM2.5,
establish NOX and SO2 as precursors to
PM2.5, and establish the allowance for
interpollutant trading for offsets and
NSR applicability to PM2.5 precursor
pollutants, pursuant to the May 2008
NSR PM2.5 Rule. In addition, the
amendments add maximum allowable
ambient pollutant concentrations
(increments), an SMC for PM2.5 pursuant
to the October 2010 PSD PM2.5 Rule, and
SILs. As discussed in the NPR, we do
not consider the SILs to be a mandatory
SIP element, and in light of litigation
before the U.S. Court of Appeals (D.C.
Circuit), we are taking no action at this
time with regard to new section 3.9 of
DE Admin. Code 1125, ‘‘Source Impact
Analysis.’’
Other specific requirements of the
regulations 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 March 14, 2012
SIP submission pertaining to Delaware’s
PSD and nonattainment NSR programs
to incorporate the preconstruction
permitting requirements for PM2.5 as a
revision to the Delaware SIP, with the
exception for the portion of the SIP
submission concerning the
implementation of SILs for PM2.5.
Additionally, in light of this SIP
revision, EPA is approving the portions
of Delaware’s December 13, 2007, March
12, 2008, September 19, 2008,
September 16, 2009, and April 1, 2010
infrastructure SIP submittals which
address the obligations set forth at CAA
section 110(a)(2)(D)(i)(II) relating to
Delaware’s PSD permit program for the
1997 PM2.5 and ozone NAAQS as well
as for the 2006 PM2.5 NAAQS. Finally,
in light of Delaware’s submission dated
October 17, 2011 and the March 2012
SIP revision which address the
obligations set forth at CAA sections
110(a)(2)(C), (D)(i)(II) and (J) relating to
the Delaware’s PSD permit program,
EPA has determined that Delaware’s SIP
meets the statutory obligations relating
to its PSD permit program set forth at
CAA sections 110(a)(2)(C), (D)(i)(II), and
(J) for the 2008 lead NAAQS.
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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
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Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Rules and Regulations
C. Petitions for Judicial Review
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).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 3, 2012. 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
pertaining to NSR requirements for
PM2.5 may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides.
Dated: September 18, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart I—Delaware
2. In § 52.420, the table in paragraph
(c) is amended by revising the entries
for Regulation 1125, sections 1.0, 2.0,
and 3.0 in numerical order, to read as
follows:
■
§ 52.420
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS IN THE DELAWARE SIP
State regulation (7 DNREC
1100)
*
State effective
date
Title/subject
*
*
1125
*
EPA approval date
*
*
General Provisions ..................
2/11/12
10/2/12 [Insert page number where the document
begins].
Section 2.0 ................................
Emission
(EOP).
Provisions
2/11/12
Section 3.0 ................................
Prevention of Significant Deterioration of Air Quality.
2/11/12
10/2/12 [Insert page number where the document
begins].
10/2/12 [Insert page number where the document
begins].
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Requirements for Preconstruction Review
Section 1.0 ................................
Offset
Additional explanation
*
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Added 4 terms, Revised 5
terms. Note: In section 1.9,
the previous SIP-approved
baseline dates for sulfur dioxide, particulate matter,
and nitrogen dioxide in the
definition of ‘‘Baseline Date’’
remain part of the SIP.
Added Section 2.2.5, 2.4.3.3
and 2.5.7
Revised Section 3.2 and
3.7.7.1. Note: Previous SIPapproved 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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60056
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Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Rules and Regulations
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[FR Doc. 2012–24095 Filed 10–1–12; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Administration
§ 173.134 Class 6, Division 6.2—
Definitions and exceptions.
*
49 CFR Part 173
Shippers—General Requirements for
Shipments and Packagings
CFR Correction
In Title 49 of the Code of Federal
Regulations, Parts 100 to 177, revised as
of October 1, 2011, make the following
corrections:
■ 1. In § 173.133, on page 539,
paragraph (e) is redesignated as (c) and
revised to read as follows:
§ 173.133 Assignment of packing group
and hazard zones for Division 6.1 materials.
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VerDate Mar<15>2010
(c) Transitional provisions. The
criteria for packing group assignments
in effect on December 31, 2006, may
continue to be used until January 1,
2012.
■ 2. In § 173.134, on page 543, the
second paragraph (c) is removed and
(c)(2) is revised to read as follows:
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(c) * * *
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(2) The following materials may be
offered for transportation and
transported as a regulated medical waste
when packaged in a rigid non-bulk
packaging conforming to the general
packaging requirements of §§ 173.24
and 173.24a and packaging
requirements specified in 29 CFR
1910.1030 and transported by a private
or contract carrier in a vehicle used
exclusively to transport regulated
medical waste:
(i) Waste stock or culture of a
Category B infectious substance;
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(ii) Plant and animal waste regulated
by the Animal and Plant Health
Inspection Service (APHIS);
(iii) Waste pharmaceutical materials;
(iv) Laboratory and recyclable wastes;
(v) Infectious substances that have
been treated to eliminate or neutralize
pathogens;
(vi) Forensic materials being
transported for final destruction;
(vii) Rejected or recalled health care
products;
(viii) Documents intended for
destruction in accordance with the
Health Insurance Portability and
Accountability Act of 1996 (HIPAA)
requirements; and
(ix) Medical or clinical equipment
and laboratory products provided they
are properly packaged and secured
against exposure or contamination.
Sharps containers must be securely
closed to prevent leaks or punctures.
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[FR Doc. 2012–24294 Filed 9–28–12; 11:15 am]
BILLING CODE 1505–01–D
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]]>Agencies
[Federal Register Volume 77, Number 191 (Tuesday, October 2, 2012)]
[Rules and Regulations]
[Pages 60053-60056]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24095]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0381; FRL- 9735-7]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Requirements for Prevention of Significant Deterioration and
Nonattainment New Source Review; Fine Particulate Matter (PM2.5)
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 March 14, 2012. This SIP revision
pertaining to Delaware's Prevention of Significant Deterioration (PSD)
and nonattainment New Source Review (NSR) programs incorporates
preconstruction permitting requirements for fine particulate matter
(PM2.5) into the Delaware SIP. In addition, EPA is approving
SIP revisions and portions of SIP submissions for the purpose of
determining that Delaware has met its statutory obligations with
respect to the infrastructure requirements of the Clean Air Act (CAA)
which relate to Delaware's PSD permitting program and are necessary to
implement, maintain, and enforce the 1997 national ambient air quality
standards (NAAQS) for PM2.5 and ozone, the 2006
PM2.5 NAAQS, and the 2008 lead NAAQS. EPA is approving these
revisions in accordance with the requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on November 1, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2012-0381. All documents in the docket are listed in
the 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.
[[Page 60054]]
Publicly available docket materials are available either electronically
through 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: Gerallyn Duke, (215) 814-2084, or by
email at duke.gerallyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On August 1, 2012 (77 FR 45527), EPA published a
notice of proposed rulemaking (NPR) for the State of Delaware. The NPR
proposed approval of a SIP revision pertaining to Delaware's Prevention
of Significant Deterioration (PSD) and nonattainment New Source Review
(NSR) programs which incorporates preconstruction permitting
requirements for fine particulate matter (PM2.5) into the
Delaware SIP. In addition, EPA proposed approval of SIP revisions and
portions of SIP submissions for the purpose of determining that
Delaware has met its statutory obligations with respect to the
infrastructure requirements of the Clean Air Act (CAA) which relate to
Delaware's PSD permitting program and are necessary to implement,
maintain, and enforce the 1997 PM2.5 and ozone NAAQS, the
2006 PM2.5 NAAQS, and the 2008 lead NAAQS. The formal SIP
revision was submitted by Delaware on March 14, 2012.
The purpose of this SIP revision is to incorporate the PSD and
nonattainment preconstruction permitting requirements for
PM2.5 that are set forth in two Federal rules. The first is
the ``Implementation of the New Source Review (NSR) Program for
Particulate Matter less than 2.5 Micrometers (PM2.5)'' (NSR
PM2.5 Rule), which was promulgated on May 16, 2008 (73 FR
28321). The second is the ``Prevention of Significant Deterioration
(PSD) for Particulate Matter less than 2.5 Micrometers
(PM2.5)--Increments, Significant Impact Levels (SILs) and
Significant Monitoring Concentration (SMC)'' (PSD PM2.5
Rule), which was promulgated on October 20, 2010 (75 FR 64864).
II. Summary of SIP Revision
The SIP revision consists of amendments to sections 1.0, 2.0, and
3.0 of 7 DE Admin. Code 1125, ``Requirements for Preconstruction
Review.'' The amendments establish the major source threshold,
significant emission rate and offset ratios for PM2.5,
establish NOX and SO2 as precursors to
PM2.5, and establish the allowance for interpollutant
trading for offsets and NSR applicability to PM2.5 precursor
pollutants, pursuant to the May 2008 NSR PM2.5 Rule. In
addition, the amendments add maximum allowable ambient pollutant
concentrations (increments), an SMC for PM2.5 pursuant to
the October 2010 PSD PM2.5 Rule, and SILs. As discussed in
the NPR, we do not consider the SILs to be a mandatory SIP element, and
in light of litigation before the U.S. Court of Appeals (D.C. Circuit),
we are taking no action at this time with regard to new section 3.9 of
DE Admin. Code 1125, ``Source Impact Analysis.''
Other specific requirements of the regulations 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 March 14, 2012 SIP submission pertaining to
Delaware's PSD and nonattainment NSR programs to incorporate the
preconstruction permitting requirements for PM2.5 as a
revision to the Delaware SIP, with the exception for the portion of the
SIP submission concerning the implementation of SILs for
PM2.5. Additionally, in light of this SIP revision, EPA is
approving the portions of Delaware's December 13, 2007, March 12, 2008,
September 19, 2008, September 16, 2009, and April 1, 2010
infrastructure SIP submittals which address the obligations set forth
at CAA section 110(a)(2)(D)(i)(II) relating to Delaware's PSD permit
program for the 1997 PM2.5 and ozone NAAQS as well as for
the 2006 PM2.5 NAAQS. Finally, in light of Delaware's
submission dated October 17, 2011 and the March 2012 SIP revision which
address the obligations set forth at CAA sections 110(a)(2)(C),
(D)(i)(II) and (J) relating to the Delaware's PSD permit program, EPA
has determined that Delaware's SIP meets the statutory obligations
relating to its PSD permit program set forth at CAA sections
110(a)(2)(C), (D)(i)(II), and (J) for the 2008 lead 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
[[Page 60055]]
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 December 3, 2012. 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 pertaining to NSR requirements for PM2.5
may not be challenged later in proceedings to enforce its requirements.
(See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.
Dated: September 18, 2012.
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 entries for Regulation 1125, sections 1.0, 2.0, and 3.0 in
numerical order, to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
State regulation (7 DNREC State Additional
1100) Title/subject effective date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
1125 Requirements for Preconstruction Review
----------------------------------------------------------------------------------------------------------------
Section 1.0................. General 2/11/12 10/2/12 [Insert page number Added 4 terms,
Provisions. where the document begins]. Revised 5
terms. Note:
In section
1.9, the
previous SIP-
approved
baseline dates
for sulfur
dioxide,
particulate
matter, and
nitrogen
dioxide in the
definition of
``Baseline
Date'' remain
part of the
SIP.
Section 2.0................. Emission Offset 2/11/12 10/2/12 [Insert page number Added Section
Provisions where the document begins]. 2.2.5, 2.4.3.3
(EOP). and 2.5.7
Section 3.0................. Prevention of 2/11/12 10/2/12 [Insert page number Revised Section
Significant where the document begins]. 3.2 and
Deterioration 3.7.7.1. Note:
of Air Quality. 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.
* * * * * * *
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[[Page 60056]]
* * * * *
[FR Doc. 2012-24095 Filed 10-1-12; 8:45 am]
BILLING CODE 6560-50-P
