Approval and Promulgation of Air Quality Implementation Plans; Delaware; Negative Declaration for the Oil and Natural Gas Industry Control Techniques Guidelines, 32624-32626 [2019-14479]
Download as PDF
32624
Federal Register / Vol. 84, No. 131 / Tuesday, July 9, 2019 / Rules and Regulations
Civil Justice Reform (Executive Order
12988)
This rule complies with the
requirements of E.O. 12988. This rule:
(a) Meets 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.
[Amended]
2. In § 7.96(g)(3)(ii)(A), add the words
‘‘and for the projection of governmentselected film footage and associated
imagery for an official event
commemorating the Apollo 11 Mission’’
after the word ‘‘ceremony’’.
■
Karen Budd-Falen,
Deputy Solicitor for Parks and Wildlife,
exercising the authority of Assistant Secretary
for Fish and Wildlife and Parks.
[FR Doc. 2019–14569 Filed 7–8–19; 8:45 am]
BILLING CODE 4310–EJ–P
ENVIRONMENTAL PROTECTION
AGENCY
Paperwork Reduction Act
This rule does not contain
information collection requirements,
and a submission to the Office of
Management and Budget under the
Paperwork Reduction Act is not
required. The NPS may not conduct or
sponsor and the public is not required
to respond to a collection of information
unless it displays a currently valid OMB
control number.
National Environmental Policy Act of
1969 (NEPA)
khammond on DSKBBV9HB2PROD with RULES
1. The authority citation for part 7
continues to read as follows:
■
§ 7.96
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. The
NPS has evaluated this rule under the
criteria in E.O. 13175 and under the
Department’s Tribal consultation policy
and has determined that Tribal
consultation is not required because the
rule will not have a substantial direct
effect on federally recognized Indian
Tribes.
This rule does not constitute a major
Federal action significantly affecting the
quality of the human environment. A
detailed statement under the NEPA is
not required because the rule is covered
by a categorical exclusion. NPS
Handbook 2015 Section 3.3.A.8. We
have also determined that the rule does
not involve any of the extraordinary
circumstances listed in 43 CFR 46.215
that would require further analysis
under the NEPA.
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 in not required.
16:30 Jul 08, 2019
PART 7—SPECIAL REGULATIONS,
AREAS OF THE NATIONAL PARK
SYSTEM
Authority: 54 U.S.C. 100101, 100751,
320102; Sec. 7.96 also issued under DC Code
10–137 and DC Code 50–2201.07.
Consultation With Indian Tribes
(Executive Order 13175 and
Department Policy)
VerDate Sep<11>2014
List of Subjects in 36 CFR Part 7
District of Columbia, National parks,
Reporting and recordkeeping
requirements.
In consideration of the foregoing, the
National Park Service amends 36 CFR
part 7 as set forth below.
Jkt 247001
40 CFR Part 52
[EPA–R03–OAR–2018–0795; FRL–9996–26–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Negative Declaration for the
Oil and Natural Gas Industry Control
Techniques Guidelines
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the State of Delaware. This
revision pertains to a negative
declaration for the October 2016 Oil and
Natural Gas Control Techniques
Guidelines (CTG) (2016 Oil and Gas
CTG). This action is being taken under
the Clean Air Act (CAA).
DATES: This final rule is effective on
August 8, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2018–0795. All
documents in the docket are listed on
the https://www.regulations.gov_
website. Although listed in the index,
SUMMARY:
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
some information is not publicly
available, e.g., 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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Erin
Trouba, Planning & Implementation
Branch (3AD30), Air & Radiation
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2023.
Ms. Trouba can also be reached via
electronic mail at trouba.erin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On April 11, 2019 (84 FR 14640), EPA
published a notice of proposed
rulemaking (NPRM) for the State of
Delaware. In the NPRM, EPA proposed
approval of Delaware’s negative
declaration for the 2016 Oil and Gas
CTG. On October 27, 2016, EPA
published in the Federal Register the
‘‘Release of Final Control Techniques
Guidelines for the Oil and Natural Gas
Industry.’’ 81 FR 74798. The CTG
provided information to state, local, and
tribal air agencies to assist them in
determining reasonably available
control technology (RACT) for volatile
organic compounds (VOC) emissions
from select oil and natural gas industry
emission sources. Section 182(b)(2)(A)
of the CAA requires that for ozone
nonattainment areas classified as
Moderate, states must revise their SIPs
to include provisions to implement
RACT for each category of VOC sources
covered by a CTG document issued
between November 15, 1990, and the
date of attainment. Section 184(b)(1)(B)
of the CAA extends this requirement to
states in the Ozone Transport Region
(OTR). The state of Delaware is in the
OTR and therefore is subject to this
CTG. States with no applicable sources
for a specific CTG may submit as a SIP
revision a negative declaration stating
that there are no applicable sources in
the state.
II. Summary of SIP Revision and EPA
Analysis
On June 28, 2018, Delaware’s
Department of Natural Resources and
Environmental Control (DNREC)
submitted to EPA a SIP revision
E:\FR\FM\09JYR1.SGM
09JYR1
32625
Federal Register / Vol. 84, No. 131 / Tuesday, July 9, 2019 / Rules and Regulations
concerning a negative declaration for
the 2016 Oil and Gas CTG. In its
submittal, DNREC stated that the State
has no sources subject to this CTG. The
rationale for EPA’s proposed action is
explained in the NPRM and will not be
restated here. No adverse public
comments were received on the NPRM.
III. Final Action
EPA is approving Delaware’s negative
declaration for the 2016 Oil and Gas
CTG, which was submitted on June 28,
2018 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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• 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 September 9, 2019. 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 which
is a negative declaration for the 2016 Oil
and Gas CTG for the State of Delaware
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, Ozone, Volatile Organic
Compounds.
Dated: June 26, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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 an entry for
‘‘Negative Declaration for the 2016 Oil
and Gas Control Technology
Guidelines’’ at the end of the table to
read as follows:
■
§ 52.420
*
Identification of plan.
*
*
(e) * * *
*
*
khammond on DSKBBV9HB2PROD with RULES
TABLE 12—COMMENT TIMEFRAME FOR NEW OR REVISED HCPCS CODES
Name of non-regulatory
SIP revision
Applicable
geographic area
*
*
*
Negative Declaration for the 2016 Oil and Gas Control Technology Guidelines.
*
Statewide .................
VerDate Sep<11>2014
18:06 Jul 08, 2019
Jkt 247001
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
State submittal
date
*
6/28/2018
E:\FR\FM\09JYR1.SGM
EPA approval date
*
7/9/2019, [Insert
Federal Register
citation]
09JYR1
Additional
explanation
*
32626
Federal Register / Vol. 84, No. 131 / Tuesday, July 9, 2019 / Rules and Regulations
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2019–14479 Filed 7–8–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
I. General Information
40 CFR Part 180
A. Does this action apply to me?
[EPA–HQ–OPP–2018–0736; FRL–9995–51]
2-Propenoic Acid, Methyl Ester,
Polymer With Ethene and 2,5Furandione; Tolerance Exemption
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of 2-propenoic
acid, methyl ester, polymer with ethene
and 2,5-furandione when used as an
inert ingredient in a pesticide chemical
formulation. Lewis & Harrison, on
behalf of Arkema Inc., submitted a
petition to EPA under the Federal Food,
Drug, and Cosmetic Act (FFDCA),
requesting an exemption from the
requirement of a tolerance. This
regulation eliminates the need to
establish a maximum permissible level
for residues of 2-propenoic acid, methyl
ester, polymer with ethene and 2,5furandione on food or feed
commodities.
SUMMARY:
This regulation is effective July
9, 2019. Objections and requests for
hearings must be received on or before
September 9, 2019, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2018–0736, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
khammond on DSKBBV9HB2PROD with RULES
DATES:
VerDate Sep<11>2014
18:06 Jul 08, 2019
Jkt 247001
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Publishing
Office’s e-CFR site at https://
www.ecfr.gov/cgi-bin/text-idx?&c=
ecfr&tpl=/ecfrbrowse/Title40/40tab_
02.tpl.
C. Can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2018–0736 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing and must be received
by the Hearing Clerk on or before
September 9, 2019. Addresses for mail
and hand delivery of objections and
hearing requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2018–0736, by one of the following
methods.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
II. Background and Statutory Findings
In the Federal Register of May 13,
2019 (84 FR 20843) (FRL–9991–99),
EPA issued a document pursuant to
FFDCA section 408, 21 U.S.C. 346a,
announcing the receipt of a pesticide
petition (PP IN–11242) filed by Arkema
Inc. c/o Lewis & Harrison, 2461 South
Clark Street, Arlington, VA 22202. The
petition requested that 40 CFR 180.960
be amended by establishing an
exemption from the requirement of a
tolerance for residues of 2-propenoic
acid, methyl ester, polymer with ethene
and 2,5-furandione (CAS Reg. No.
88450–35–5). That document included a
summary of the petition prepared by the
petitioner and solicited comments on
the petitioner’s request. The Agency
received one comment in response to
the Notice of Filing associated with this
action; however, the comment was
unrelated to 2-propenoic acid, methyl
ester, polymer with ethene and 2,5furandione and is not relevant to this
action.
Section 408(c)(2)(A)(i) of FFDCA
allows EPA to establish an exemption
from the requirement for a tolerance (the
legal limit for a pesticide chemical
residue in or on a food) only if EPA
determines that the exemption is ‘‘safe.’’
Section 408(c)(2)(A)(ii) of FFDCA
defines ‘‘safe’’ to mean that ‘‘there is a
reasonable certainty that no harm will
result from aggregate exposure to the
pesticide chemical residue, including
all anticipated dietary exposures and all
other exposures for which there is
reliable information.’’ This includes
exposure through drinking water and
use in residential settings, but does not
include occupational exposure. Section
E:\FR\FM\09JYR1.SGM
09JYR1
Agencies
[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Rules and Regulations]
[Pages 32624-32626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14479]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2018-0795; FRL-9996-26-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Negative Declaration for the Oil and Natural Gas Industry
Control Techniques Guidelines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the State of Delaware.
This revision pertains to a negative declaration for the October 2016
Oil and Natural Gas Control Techniques Guidelines (CTG) (2016 Oil and
Gas CTG). This action is being taken under the Clean Air Act (CAA).
DATES: This final rule is effective on August 8, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2018-0795. All documents in the docket are listed on
the https://www.regulations.gov_website. Although listed in the index,
some information is not publicly available, e.g., 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 through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Erin Trouba, Planning & Implementation
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is (215) 814-2023. Ms. Trouba can also be reached
via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On April 11, 2019 (84 FR 14640), EPA published a notice of proposed
rulemaking (NPRM) for the State of Delaware. In the NPRM, EPA proposed
approval of Delaware's negative declaration for the 2016 Oil and Gas
CTG. On October 27, 2016, EPA published in the Federal Register the
``Release of Final Control Techniques Guidelines for the Oil and
Natural Gas Industry.'' 81 FR 74798. The CTG provided information to
state, local, and tribal air agencies to assist them in determining
reasonably available control technology (RACT) for volatile organic
compounds (VOC) emissions from select oil and natural gas industry
emission sources. Section 182(b)(2)(A) of the CAA requires that for
ozone nonattainment areas classified as Moderate, states must revise
their SIPs to include provisions to implement RACT for each category of
VOC sources covered by a CTG document issued between November 15, 1990,
and the date of attainment. Section 184(b)(1)(B) of the CAA extends
this requirement to states in the Ozone Transport Region (OTR). The
state of Delaware is in the OTR and therefore is subject to this CTG.
States with no applicable sources for a specific CTG may submit as a
SIP revision a negative declaration stating that there are no
applicable sources in the state.
II. Summary of SIP Revision and EPA Analysis
On June 28, 2018, Delaware's Department of Natural Resources and
Environmental Control (DNREC) submitted to EPA a SIP revision
[[Page 32625]]
concerning a negative declaration for the 2016 Oil and Gas CTG. In its
submittal, DNREC stated that the State has no sources subject to this
CTG. The rationale for EPA's proposed action is explained in the NPRM
and will not be restated here. No adverse public comments were received
on the NPRM.
III. Final Action
EPA is approving Delaware's negative declaration for the 2016 Oil
and Gas CTG, which was submitted on June 28, 2018 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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 September 9, 2019. 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 which is a negative declaration for the 2016 Oil
and Gas CTG for the State of Delaware 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, Ozone, Volatile Organic Compounds.
Dated: June 26, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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 an
entry for ``Negative Declaration for the 2016 Oil and Gas Control
Technology Guidelines'' at the end of the table to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(e) * * *
Table 12--Comment Timeframe for New or Revised HCPCS Codes
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State Additional
revision area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Negative Declaration for the 2016 Statewide............ 6/28/2018 7/9/2019, [Insert ..............
Oil and Gas Control Technology Federal Register
Guidelines. citation]
----------------------------------------------------------------------------------------------------------------
[[Page 32626]]
[FR Doc. 2019-14479 Filed 7-8-19; 8:45 am]
BILLING CODE 6560-50-P