	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2007-0449; FRL-         ]

	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).

EFFECTIVE DATE:  This final rule is effective on [insert date 30 days
from date of publication.

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 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 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   HYPERLINK "mailto:quinto.rose@epa.gov"  quinto.rose@epa.gov
.

SUPPLEMENTARY INFORMATION:  

I.  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.

II.  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 NOx sources 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.

III.	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.

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 (Public Law 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 [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 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.

____July 15, 2008____________                             
___________/s/________________

Dated:                            				Donald S. Welsh,                  
              								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 the
entry for the Delaware RACT under the 8-hour ozone NAAQS. 

( 52.420  		Identification of plan.

*		*		*		*		*

(e) * * *

Name of non-regulatory SIP revision	Applicable geographic or
nonattainment area	State submittal 

date	EPA approval date	Additional explanation



*     *     *     *     *     *     *     

RACT under the 

8-Hour NAAQS	Delaware 

(Statewide)

	10/02/2006	[Insert Federal Register page number where the document
begins and date]	





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