  	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

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

	Approval and Promulgation of Air Quality Implementation Plans;

	Delaware; Revisions to Regulation 1102 - Permits

AGENCY:    	Environmental Protection Agency (EPA).

ACTION:     	Direct final rule.

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 [Insert date 60 days after publication
in the Federal Register]  without further notice, unless EPA receives
adverse written comment by [Insert date 30 days after publication in the
Federal Register].  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.	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 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 www.regulations.gov or
e-mail.  The www.regulations.gov website 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 
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
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 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. 

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).

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. 
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 [Insert date
60 days from date of publication in the Federal Register] without
further notice unless EPA receives adverse comment by [Insert date 30
days from date of publication in the Federal Register].  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
(Public Law 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 [insert date 60 days from date of
publication of this document in the Federal Register].  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.

						___/s/_______________________

Dated: 11/21/06				William T. Wisniewski

						 Deputy 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 2 – Permits, Sections 1, 6, 11, and 12 to read
as follows: 

( 52.420  		Identification of plan.

*		*		*		*		*

(c) *  *  *

EPA-APPROVED REGULATIONS IN THE DELAWARE SIP

State citation	

Title/subject	

State effective date	

EPA approval date	

Additional explanation



          *            *               *              *              *  
              *             * 



Regulation 1102	

Permits  (formerly “Regulation 2 – Permits”)

Section 1	General

Provisions	06/15/06	

[Insert Federal Register publication date]

[Insert page number where the document begins]

	





          *            *               *              *              *  
              *             * 

Section 6

	Denial,

Suspension or

Revocation of

Operating Permits

	06/15/06	[Insert Federal Register publication date]

[Insert page number where the document begins]



	

          *            *               *              *              *  
              *             * 

Section 11	Permit

Application	06/15/06	Insert Federal Register publication date]

[Insert page number where the document begins]



	Section 12	Public Participation	06/15/06	Insert Federal Register
publication date]

[Insert page number where the document begins]



	

          *            *               *              *              *  
              *             * 



    *    *    *    *    *

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