Approvals and Promulgations of Air Quality Implementation Plans: Delaware; Reasonably Available Control Technology Under the 8-Hour Ozone National Ambient Air Quality Standard

Federal Register: July 23, 2008 (Volume 73, Number 142)

Rules and Regulations

Page 42681-42683

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr23jy08-5

ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52

EPA-R03-OAR-2007-0449; FRL-8696-6

Approval and Promulgation of Air Quality Implementation Plans;

Delaware; Reasonably Available Control Technology Under the 8-Hour

Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Delaware. This SIP revision pertains to the requirements in meeting the reasonably available control technology

(RACT) under the 8-hour ozone national ambient air quality standard

(NAAQS). These requirements are based on: Certification that previously adopted RACT controls in Delaware's SIP that were approved by EPA under the 1-hour ozone NAAQS are based on the currently available technically and economically feasible controls, and that they continue to represent

RACT for the 8-hour implementation purposes; the adoption of new or more stringent regulations that represent RACT control levels; and a negative declaration that certain categories of sources do not exist in

Delaware. This action is being taken under the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on August 22, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID

Number EPA-R03-OAR-2007-0449. All documents in the docket are listed in the http://www.regulations.gov website. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http:// 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 & Environmental Control, 89

Kings Highway, P.O. Box 1401, Dover, Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e- mail at quinto.rose@epa.gov.

SUPPLEMENTARY INFORMATION:

1. Background

   On May 30, 2008 (73 FR 31043), EPA published a notice of proposed rulemaking (NPR) for the State of Delaware. The NPR proposed approval of the requirements of RACT under the 8-hour ozone NAAQS. The formal

   SIP revision was submitted by Delaware on October 2, 2006. A supplement to this SIP revision was submitted on October 5, 2006.

2. Summary of SIP Revision

   Delaware's SIP revision contains the requirements of RACT set forth by the CAA under the 8-hour ozone NAAQS. Delaware's SIP revision satisfies the 8-hour RACT requirements through (1) certification that previously adopted RACT controls in Delaware's SIP that were approved by EPA under the 1-hour ozone NAAQS are based on the currently available technically and economically feasible controls, and continues to represent RACT for the 8-hour implementation purposes; (2) the adoption of new or more stringent regulations that represent RACT control levels; and (3) a negative declaration that certain CTG or non-

   CTG major sources of VOC and NOXsources do not exist in

   Delaware. Other requirements of the Delaware's 8-hour RACT 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.

3. Final Action

   EPA is approving the 8-hour RACT as a revision to the Delaware SIP.

   Delaware's SIP revision contains the requirements of RACT set forth by the CAA under the 8-hour ozone NAAQS. This SIP revision was submitted on October 2, 2006 and a supplement submittal on October 5, 2006.

   Page 42682

4. Statutory and Executive Order Reviews

   1. 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.

   2. 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).

   3. 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 22, 2008. 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's RACT provisions under the 8-hour ozone 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, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

      Dated: July 15, 2008.

      Donald S. Welsh,

      Regional Administrator, Region III. 0 40 CFR part 52 is amended as follows:

      PART 52--[AMENDED] 0 1. The authority citation for part 52 continues to read as follows:

      Authority: 42 U.S.C. 7401 et seq.

      Subpart I--Delaware 0 2. In Sec. 52.420, the table in paragraph (e) is amended by adding the entry at the end of table for the Delaware RACT under the 8-hour ozone

      NAAQS.

      Sec. 52.420 Identification of plan.

      * * * * *

      (e) * * *

      Name of non-regulatory SIP

      Applicable geographic

      State

      Additional revision

      or nonattainment area submittal date

      EPA approval date

      explanation

      * * * * * * *

      RACT under the 8-Hour NAAQS....... Delaware (Statewide).

      10/02/2006 [Insert Federal

      ..............

      Register page number where the document begins] 07/23/2008.

      Page 42683

      FR Doc. E8-16833 Filed 7-22-08; 8:45 am

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