Approval and Promulgation of Air Quality Implementation Plans; Delaware; the 2002 Base Year Emissions Inventory for the Delaware Portion of the Philadelphia Nonattainment Area for the 1997 Annual Fine Particulate Matter National Ambient Air Quality Standard, 14020-14022 [2013-04810]
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14020
Federal Register / Vol. 78, No. 42 / Monday, March 4, 2013 / Rules and Regulations
N. Required Determinations Under the
Administrative Procedure Act
We are publishing this interim final
rule with a request for comment without
prior notice and comment, as allowed
under 5 U.S.C. 553(b). Under 553(b), we
find that prior notice and comment are
unnecessary and would be contrary to
the public interest. This rule is
necessary to ensure that these tribes
have courts to administer justice on
land under their jurisdiction. Prior
notice and comment are unnecessary
and would be contrary to the public
interest because access to judicial
process may be impeded or interrupted
to a degree that the governmental
function of providing justice for all
tribal members is impaired.
As allowed under 5 U.S.C. 553 (d)(3),
the effective date of this rule is the date
of publication in the Federal Register.
Good cause for an immediate effective
date exists because the delay in
publishing this rule would inhibit
access to justice for tribal members and
likely obstruct speedy trial rights for
members of those tribes seeking to come
under the jurisdiction of CFR Courts,
and would diminish the sovereign right
of those tribes to establish their own
tribal courts and to assume personal and
subject-matter jurisdiction now asserted
by CFR Courts.
We have requested comments on this
interim final rule. We will review any
comments received and, by a future
publication in the Federal Register,
address any comments received and
either confirm the interim final rule
with or without change or initiate a
proposed rulemaking.
Federal court precedent) occupied by
the following tribes:
(1) Santa Fe Indian School Property,
including the Santa Fe Indian Health
Hospital, and the Albuquerque Indian
School Property (land held in trust for
the 19 Pueblos of New Mexico);
(2) Skull Valley Band of Goshutes
Indians (Utah);
(3) Te-Moak Band of Western
Shoshone Indians (Nevada);
(4) Tribes located in the former
Oklahoma Territory (Oklahoma) that are
listed in paragraph (b) of this section;
(5) Tribes located in the former Indian
Territory (Oklahoma) that are listed in
paragraph (c) of this section;
(6) Ute Mountain Ute Tribe
(Colorado); and
(7) Winnemucca Indian Tribe.
(b) This part applies to the following
tribes located in the former Oklahoma
Territory (Oklahoma):
(1) Apache Tribe of Oklahoma;
(2) Caddo Nation of Oklahoma;
(3) Comanche Nation (except
Comanche Children’s Court);
(4) Delaware Nation;
(5) Fort Sill Apache Tribe of
Oklahoma;
(6) Kiowa Indian Tribe of Oklahoma;
(7) Otoe-Missouria Tribe of Indians;
and
(8) Wichita and Affiliated Tribe of
Indians.
(c) This part applies to the following
tribes located in the former Indian
Territory (Oklahoma):
(1) Eastern Shawnee Tribe of
Oklahoma;
(2) Modoc Tribe of Oklahoma;
(3) Ottawa Tribe of Oklahoma;
(4) Peoria Tribe of Indians of
Oklahoma; and
(5) Seneca-Cayuga Tribe of Oklahoma.
List of Subjects in 25 CFR Part 11
Courts, Indians-law.
For the reasons stated in the
preamble, the Department of the
Interior, Bureau of Indian Affairs,
amends part 11 in Title 25 of the Code
of Federal Regulations as follows:
Dated: February 21, 2013.
Kevin K. Washburn,
Assistant Secretary—Indian Affairs.
PART 11—COURTS OF INDIAN
OFFENSES AND LAW AND ORDER
CODE
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority for part 11 continues
to read as follows:
■
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Authority: 5 U.S.C. 301; R.S. 463, 25 U.S.C.
2; R.S. 465, 25 U.S.C. 9; 42 Stat. 208, 25
U.S.C. 13; 38 Stat. 586, 25 U.S.C. 200.
■
2. Revise § 11.100 to read as follows:
§ 11.100 Where are Courts of Indian
Offenses established?
(a) Unless indicated otherwise in this
title, these Courts of Indian Offenses are
established and the regulations in this
part apply to the Indian country (as
defined in 18 U.S.C. 1151 and by
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[FR Doc. 2013–04824 Filed 3–1–13; 8:45 am]
BILLING CODE 4310–6W–P
40 CFR Part 52
[EPA–R03–OAR–2010–0141; FRL–9786–4]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; the 2002 Base Year
Emissions Inventory for the Delaware
Portion of the Philadelphia
Nonattainment Area for the 1997
Annual Fine Particulate Matter National
Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Final rule.
EPA is approving a revision to
the Delaware State Implementation Plan
(SIP) submitted by the State of
Delaware, through the Delaware
Department of Natural Resources and
Environmental Control (DNREC) on
April 3, 2008. The SIP revision pertains
to the 2002 base year emissions
inventory for the Delaware portion of
the Philadelphia-Wilmington,
Pennsylvania-New Jersey-Delaware (PANJ-DE) nonattainment area. The 2002
base year emissions inventory was
submitted to meet nonattainment
requirements related to the Delaware
nonattainment area for the 1997 annual
fine particulate matter (PM2.5) national
ambient air quality standard (NAAQS).
EPA is approving the 2002 base year
emissions inventory in accordance with
the requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on
April 3, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2010–0141. 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.
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: Rose
Quinto, (215) 814–2182, or by email at
quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
On November 19, 2012 (77 FR 69399),
EPA published a notice of proposed
rulemaking (NPR) for the State of
Delaware. The NPR proposed approval
of the 1997 annual PM2.5 attainment
demonstration, analysis of reasonably
available control measures (RACM) and
reasonably available control technology
(RACT), the 2002 base year emissions
E:\FR\FM\04MRR1.SGM
04MRR1
Federal Register / Vol. 78, No. 42 / Monday, March 4, 2013 / Rules and Regulations
inventory, contingency measures, and
the motor vehicle emission budgets
(MVEBs) used for transportation
conformity purposes for New Castle
County in Delaware. In this final
rulemaking action, EPA is only taking
final action on the 2002 base year
emissions inventory portion of the
November 19, 2012 NPR. EPA will be
taking separate action on the remainder
of the NPR which includes the approval
of Delaware’s SIP revision for the
attainment demonstration, the analysis
of RACM/RACT, contingency measures,
and MVEBs.
II. Summary of SIP Revision
The PM2.5 2002 base year emissions
inventory submitted by DNREC on April
3, 2008 for the State of Delaware
includes emissions estimates that cover
the general source categories of point
sources, nonroad mobile sources, area
sources, onroad mobile sources, and
biogenic sources. The pollutants that
comprise the inventory are nitrogen
oxides (NOX), volatile organic
compounds (VOCs), PM2.5, coarse
particles (PM10), ammonia (NH3), and
sulfur dioxide (SO2). Discussions of the
emissions inventory development as
well as the emissions inventory can be
found in the April 3, 2008 SIP
submittal, a technical support
document, and in the NPR available on
line at www.regulations.gov, Docket No.
EPA–R03–OAR–2010–0141. EPA has
reviewed the results, procedures and
methodologies for the base year
emissions inventory submitted by
DNREC. EPA found the process used to
develop this emissions inventory for
Delaware is adequate and meets the
requirements of section 172(c)(3) of the
CAA and EPA guidance for emission
inventories. Specific requirements of the
2002 base year emissions inventory and
the rationale for EPA’s action are
explained in the NPR and will not be
restated here. No public comments were
received on the portion of the NPR
relating to the 2002 base year emissions
inventory.
wreier-aviles on DSK5TPTVN1PROD with RULES
III. Final Action
EPA is approving the 2002 base year
emissions inventory for the 1997 annual
PM2.5 NAAQS as a revision to the
Delaware SIP.
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).
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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
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14021
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 May 3, 2013. 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 the
Delaware 2002 base year emissions
inventory for the 1997 annual PM2.5
NAAQS 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, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: February 14, 2013.
Shawn M. Garvin,
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 at the end of
the table an entry for 2002 Base Year
Emissions Inventory for the 1997 annual
fine particulate matter (PM2.5) standard
to read as follows:
■
§ 52.420
*
Identification of plan.
*
*
(e)* * *
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*
*
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Federal Register / Vol. 78, No. 42 / Monday, March 4, 2013 / Rules and Regulations
State
submittal
date
Name of non-regulatory SIP revision
Applicable geographic area
*
*
2002 Base Year Emissions Inventory for the 1997 annual fine particulate matter (PM2.5) standard.
*
*
Delaware-Philadelphia-Wilmington,
Pennsylvania-New Jersey-Delaware nonattainment area.
3. § 52.423 is amended by adding
paragraph (c) to read as follows:
■
§ 52.423 1990 Base year emissions
inventory.
*
*
*
*
*
(c) EPA approves as a revision to the
Delaware State Implementation Plan for
the 2002 base year emissions inventory
for the Delaware 1997 annual fine
particulate matter (PM2.5) nonattainment
area submitted by the Delaware
Department of Natural Resources and
Environmental Control on April 3, 2008.
The 2002 base year emissions inventory
includes emissions estimates that cover
the general source categories of point
sources, non-road mobile sources, area
sources, on-road mobile sources, and
biogenic sources. The pollutants that
comprise the inventory are nitrogen
oxides (NOX), volatile organic
compounds (VOCs), PM2.5, coarse
particles (PM10), ammonia (NH3), and
sulfur dioxide (SO2).
[FR Doc. 2013–04810 Filed 3–1–13; 8:45 am]
4/3/08
EPA approval date
*
*
3/4/13 [Insert page number where
the document begins].
Columbia District Court of Appeals
order dated August 17, 2012, and
mandate dated November 13, 2012, this
rule again removes the Virginia northern
flying squirrel from the List of
Endangered and Threatened Wildlife.
DATES: This action is effective March 4,
2013.
ADDRESSES: This final rule is available
on the Internet at https://
www.regulations.gov. It will also be
available for inspection, by
appointment, during normal business
hours at U.S. Fish and Wildlife Service,
West Virginia Field Office, 694 Beverly
Pike, Elkins, West Virginia 26241. Call
(304) 636–6586 to make arrangements.
FOR FURTHER INFORMATION CONTACT:
Deborah Carter, Project Leader, at our
West Virginia field office (see
ADDRESSES) or telephone (304) 636–
6586, extension 12. Individuals who are
hearing impaired or speech impaired
may call the Federal Relay Service at 1–
800–877–8337 for TTY assistance.
SUPPLEMENTARY INFORMATION:
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R5–ES–2013–0035;
FXES11130900000C6–134–FF09E30000]
RIN 1018–AZ31
Endangered and Threatened Wildlife
and Plants; Reinstatement of Removal
of the Virginia Northern Flying Squirrel
From the List of Endangered and
Threatened Wildlife
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), are issuing
this final rule to comply with a court
order that has the effect of reinstating
the removal of the Virginia northern
flying squirrel (Glaucomys sabrinus
fuscus) from the List of Endangered and
Threatened Wildlife under the
Endangered Species Act of 1973 (ESA),
as amended. Pursuant to the District of
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SUMMARY:
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Background
On August 26, 2008, we published a
final rule to remove ESA protections for
the Virginia northern flying squirrel,
more commonly known as the West
Virginia northern flying squirrel
(WVNFS) (73 FR 50226). Additional
background information on the WVNFS,
including previous Federal actions, can
be found in our August 26, 2008, final
rule, https://www.regulations.gov in
Docket No. FWS–R5–ES–2011–0035, or
at https://ecos.fws.gov/speciesProfile/
profile/
speciesProfile.action?spcode=A09R.
A lawsuit challenging our final rule
was filed in U.S. District Court for the
District of Columbia. On March 25,
2011, the U.S. District Court for the
District of Columbia vacated and set
aside our 2008 delisting rule (Friends of
Blackwater, et al. v. Salazar, et al., 772
F.Supp. 2d 232 (D.D.C. 2011)). On May
20, 2011, the Department of Justice on
behalf of the Service appealed the
District Court’s decision to the U.S.
Court of Appeals for the District of
Columbia Circuit. Pending the appeal,
and consistent with the District Court’s
March 25, 2011, order, we published a
final rule reinstating ESA protections for
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Additional
explanation
*
52.423(c)
the WVNFS (76 FR 35349, June 17,
2011).
On August 17, 2012, the U.S. Court of
Appeals, in a two-to-one opinion,
reversed the ruling of the U.S. District
Court (Friends of Blackwater, et al. v.
Salazar, et al., 691 F.3d 428 (DC Cir.
2012)). On September 28, 2012, Friends
of Blackwater et al. petitioned the U.S.
Court of Appeals for a rehearing and a
rehearing en banc, which were both
denied on November 1, 2012 (Friends of
Blackwater, et al. v. Salazar, et al., DC
Cir., No: 11–5128). On November, 13,
2012, the U.S. Court of Appeals issued
its mandate consistent with its August
17, 2012, opinion reversing the U.S.
District Court’s vacatur of the WVNFS
delisting rule. On January 30, 2013,
Friends of Blackwater et al.’s time to file
a petition for a writ of certiorari with the
U.S. Supreme Court expired.
Administrative Procedure
This rulemaking is necessary to
comply with the August 17, 2012, court
order and November 13, 2012, mandate.
Therefore, under these circumstances,
the Director has determined, pursuant to
5 U.S.C. 553(b)(3)(B), that prior notice
and opportunity for public comment are
impractical and unnecessary. The
Director has further determined,
pursuant to 5 U.S.C. 553(d)(3), that the
agency has good cause to make this rule
effective upon publication.
Effects of the Rule
As of the publication of this rule, the
WVNFS is again removed from the List
of Endangered and Threatened Wildlife
at 50 CFR 17.11(h). Therefore, this
species will no longer receive Federal
protection under the ESA. This rule will
not affect the status of the WVNFS
under State law or suspend any other
legal protections provided by State law.
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Regulation Promulgation
To comply with the court order and
mandate discussed above, we amend
part 17, subchapter B of chapter I, title
50 of the CFR, as set forth below:
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]]>Agencies
[Federal Register Volume 78, Number 42 (Monday, March 4, 2013)]
[Rules and Regulations]
[Pages 14020-14022]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04810]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0141; FRL-9786-4]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; the 2002 Base Year Emissions Inventory for the Delaware
Portion of the Philadelphia Nonattainment Area for the 1997 Annual Fine
Particulate Matter National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a revision to the Delaware State
Implementation Plan (SIP) submitted by the State of Delaware, through
the Delaware Department of Natural Resources and Environmental Control
(DNREC) on April 3, 2008. The SIP revision pertains to the 2002 base
year emissions inventory for the Delaware portion of the Philadelphia-
Wilmington, Pennsylvania-New Jersey-Delaware (PA-NJ-DE) nonattainment
area. The 2002 base year emissions inventory was submitted to meet
nonattainment requirements related to the Delaware nonattainment area
for the 1997 annual fine particulate matter (PM2.5) national
ambient air quality standard (NAAQS). EPA is approving the 2002 base
year emissions inventory in accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on April 3, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-0141. 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. 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: Rose Quinto, (215) 814-2182, or by
email at quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On November 19, 2012 (77 FR 69399), EPA published a notice of
proposed rulemaking (NPR) for the State of Delaware. The NPR proposed
approval of the 1997 annual PM2.5 attainment demonstration,
analysis of reasonably available control measures (RACM) and reasonably
available control technology (RACT), the 2002 base year emissions
[[Page 14021]]
inventory, contingency measures, and the motor vehicle emission budgets
(MVEBs) used for transportation conformity purposes for New Castle
County in Delaware. In this final rulemaking action, EPA is only taking
final action on the 2002 base year emissions inventory portion of the
November 19, 2012 NPR. EPA will be taking separate action on the
remainder of the NPR which includes the approval of Delaware's SIP
revision for the attainment demonstration, the analysis of RACM/RACT,
contingency measures, and MVEBs.
II. Summary of SIP Revision
The PM2.5 2002 base year emissions inventory submitted
by DNREC on April 3, 2008 for the State of Delaware includes emissions
estimates that cover the general source categories of point sources,
nonroad mobile sources, area sources, onroad mobile sources, and
biogenic sources. The pollutants that comprise the inventory are
nitrogen oxides (NOX), volatile organic compounds (VOCs),
PM2.5, coarse particles (PM10), ammonia
(NH3), and sulfur dioxide (SO2). Discussions of
the emissions inventory development as well as the emissions inventory
can be found in the April 3, 2008 SIP submittal, a technical support
document, and in the NPR available on line at www.regulations.gov,
Docket No. EPA-R03-OAR-2010-0141. EPA has reviewed the results,
procedures and methodologies for the base year emissions inventory
submitted by DNREC. EPA found the process used to develop this
emissions inventory for Delaware is adequate and meets the requirements
of section 172(c)(3) of the CAA and EPA guidance for emission
inventories. Specific requirements of the 2002 base year emissions
inventory and the rationale for EPA's action are explained in the NPR
and will not be restated here. No public comments were received on the
portion of the NPR relating to the 2002 base year emissions inventory.
III. Final Action
EPA is approving the 2002 base year emissions inventory for the
1997 annual PM2.5 NAAQS as a revision to the Delaware SIP.
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 May 3, 2013. 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 the Delaware 2002 base year emissions
inventory for the 1997 annual PM2.5 NAAQS 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, Nitrogen dioxide, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: February 14, 2013.
Shawn M. Garvin,
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 at
the end of the table an entry for 2002 Base Year Emissions Inventory
for the 1997 annual fine particulate matter (PM2.5) standard
to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(e)* * *
[[Page 14022]]
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State
Name of non-regulatory SIP revision Applicable geographic submittal EPA approval date Additional
area date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2002 Base Year Emissions Inventory Delaware-Philadelphia- 4/3/08 3/4/13 [Insert page 52.423(c)
for the 1997 annual fine Wilmington, number where the
particulate matter (PM2.5) Pennsylvania-New document begins].
standard. Jersey-Delaware
nonattainment area.
----------------------------------------------------------------------------------------------------------------
0
3. Sec. 52.423 is amended by adding paragraph (c) to read as follows:
Sec. 52.423 1990 Base year emissions inventory.
* * * * *
(c) EPA approves as a revision to the Delaware State Implementation
Plan for the 2002 base year emissions inventory for the Delaware 1997
annual fine particulate matter (PM2.5) nonattainment area
submitted by the Delaware Department of Natural Resources and
Environmental Control on April 3, 2008. The 2002 base year emissions
inventory includes emissions estimates that cover the general source
categories of point sources, non-road mobile sources, area sources, on-
road mobile sources, and biogenic sources. The pollutants that comprise
the inventory are nitrogen oxides (NOX), volatile organic
compounds (VOCs), PM2.5, coarse particles (PM10),
ammonia (NH3), and sulfur dioxide (SO2).
[FR Doc. 2013-04810 Filed 3-1-13; 8:45 am]
BILLING CODE 6560-50-P
