

[Federal Register: December 7, 2006 (Volume 71, Number 235)]
[Rules and Regulations]               
[Page 70883-70885]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07de06-15]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2006-0696; FRL-8252-5]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Revisions to Regulation 1102--Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to 
Delaware's State Implementation Plan (SIP). The revisions ensure that 
all preconstruction air quality permits issued pursuant to Delaware's 
Regulation 1102 are federally enforceable, regardless of whether they 
are intended to limit a source's potential to emit. EPA is approving 
these revisions to Delaware's SIP in accordance with the requirements 
of the Clean Air Act.

DATES: This rule is effective on February 5, 2007 without further 
notice, unless EPA receives adverse written comment by January 8, 2007. 
If EPA receives such comments, it will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2006-0696 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 

submitting comments.
    B. E-mail: campbell.dave@epa.gov.
    C. Mail: EPA-R03-OAR-2006-0696, David Campbell, Chief, Permits and 
Technical Assessment Branch, Mailcode 3AP11, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2006-0696. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at http://www.regulations.gov, including any personal information provided, 

unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through http://www.regulations.gov or e-mail. 

The http://www.regulations.gov Web site is an ``anonymous access'' system, 

which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov, 

your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 

information is not publicly available, i.e., 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 in http://www.regulations.gov or 

in hard copy 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: Rosemarie Nino, (215) 814-3377, or by 
e-mail at nino.rose@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On June 15, 2006, Delaware submitted a formal revision to its State 
Implementation Plan (SIP). The SIP revision consists of ``Regulation 
1102--Permits'' adopted by the State of Delaware on May 15, 2006 and 
effective June 11, 2006. The State amended the regulation in order to 
(1) ensure that the regulatory language is clear that all Regulation 
1102 permits are federally enforceable, regardless of whether they are 
intended to limit potential to emit; and, (2) the renumbering of the 
regulation to be consistent with the style manual of the Code of 
Delaware Regulations.
    Delaware is seeking approval of these amendments to this rule 
pursuant to 40 CFR Part 51 Subpart I and Section 110(a)(2)(C) of the 
federal Clean Air Act (CAA) as amended November 15, 1990.

II. Summary of SIP Revision

    EPA is proposing to approve this revision to incorporate into the 
Delaware SIP amendments to Regulation 1102 (formerly Regulation 2)--
``Permits'' as submitted by Delaware Natural Resources and 
Environmental Control (DNREC) on June 15, 2006. This approval action 
will effectively replace the previously-approved version of 
``Regulation 2--Permits,'' renumbered with this revision to be 
``Regulation 1102--Permits,'' as approved into Delaware's SIP on 
January 11, 2006 (65 FR 2048).

III. Program Review

A. What is being addressed in this document?

    On June 15, 2006, DNEC submitted regulatory revision to EPA for 
approval. The submittal consists of Delaware Rule entitled ``Regulation 
1102--Permits'' adopted on May 15, 2006 and effective June 11, 2006.

B. What are the program changes that EPA is approving?

    EPA is approving Delaware's revisions to Regulation 1102--Permits.

[[Page 70884]]

These revisions clarify Delaware's intention that all permits issued 
pursuant to Regulation 1102 be federally enforceable regardless of 
whether they are intended to limit potential to emit.

IV. Final Action

    EPA is approving Delaware's revision to Regulation 1102--Permits as 
a revision to Delaware's SIP.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment because these revisions are to clarify that all 
Regulation 1102 permits are federally enforceable. However, in the 
``Proposed Rules'' section of today's Federal Register, EPA is 
publishing a separate document that will serve as the proposal to 
approve the SIP revision if adverse comments are filed. This rule will 
be effective on February 5, 2007 without further notice unless EPA 
receives adverse comment by January 8, 2007. If EPA receives adverse 
comment, EPA will publish a timely withdrawal in the Federal Register 
informing the public that the rule will not take effect. EPA will 
address all public comments in a subsequent final rule based on the 
proposed rule. EPA will not institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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). This rule also does not 
have tribal implications because it will not have a substantial direct 
effect on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes, 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
This action also does not have Federalism implications because it does 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 
This action merely approves a state rule implementing a Federal 
requirement, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This rule 
also is not subject to Executive Order 13045 ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 
23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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 rule 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. This rule 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by February 5, 2007. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action to approve Delaware's Regulation 1102--
Permits may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: November 21, 2006.
William T. Wisniewski,
Acting 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 (c) is amended by revising 
the entries for Regulation 2--Permits, Sections 1, 6, 11, and 12 to 
read as follows:


Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

[[Page 70885]]



                                  EPA--Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
                                                               State
         State citation                 Title/subject        effective   EPA  approval  date      Additional
                                                                date                              explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                          Regulation 1102 Permits (formerly ``Regulation 2--Permits'')
----------------------------------------------------------------------------------------------------------------
Section 1.......................  General Provisions......     06/15/06  12/07/06, [Insert
                                                                          page number where
                                                                          the document
                                                                          begins].

                                                  * * * * * * *
Section 6.......................  Denial, Suspension or        06/15/06  12/07/06, [Insert
                                   Revocation of Operating                page number where
                                   Permits.                               the document
                                                                          begins].

                                                  * * * * * * *
Section 11......................  Permit Application......     06/15/06  12/07/06, [Insert
                                                                          page number where
                                                                          the document
                                                                          begins].
Section 12......................  Public Participation....     06/15/06  12/07/06, [Insert
                                                                          page number where
                                                                          the document
                                                                          begins].

                                                  * * * * * * *
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[FR Doc. E6-20650 Filed 12-6-06; 8:45 am]

BILLING CODE 6560-50-P
