	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2007-0450; FRL-         ]

	Approval and Promulgation of Air Quality Implementation Plans;
Delaware; 

Amendments to the Open Burning Regulation

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
amendments of Delaware’s open burning regulation.  EPA is approving
this SIP revision in accordance with the Clean Air Act.

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-2007-0450.  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 June 21, 2007 (72 FR 34207), EPA published a notice of proposed
rulemaking (NPR) for the State of Delaware.  The NPR proposed approval
of Delaware’s open burning regulation (Regulation No. 1113).  The
formal SIP revision was submitted by the Delaware Department of Natural
Resources and Environmental Control (DNREC) on May 2, 2007.  Other
specific requirements of Delaware’s open burning regulation 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.

II.  Final Action

EPA is approving Regulation No. 1113 – Open Burning as a revision to
the Delaware SIP.  This SIP revision was submitted on May 2, 2007. 

III.  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 approves a state rule implementing a Federal standard.

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, pertaining to Delaware’s amendments to
the open burning regulation, 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, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

                                                                        
                                /s/

_________________                                                
___________________________    

Dated:   September 6, 2007   				William T. Wisniewski, Acting          
                      						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
title and entries for Regulation No.13 - Open Burning 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 1113	

Open Burning ( Formerly Regulation 13)



Section 1.0	

Purpose	

04/11/07	

[Insert Federal Register publication date]

[Insert page number where the document begins]	



Section 2.0	Applicability	 04/11/07	[Insert Federal Register publication
date]

[Insert page number where the document begins]

	Section 3.0	Definitions	04/11/07	[Insert Federal Register publication
date]

[Insert page number where the document begins]

	Section 4.0	Prohibitions and Related Provisions	04/11/07	[Insert
Federal Register publication date]

[Insert page number where the document begins]

	Section 5.0	Season and Time Restrictions	04/11/07	[Insert Federal
Register publication date]

[Insert page number where the document begins]

	Section 6.0	Allowable Open Burning	04/11/07	[Insert Federal Register
publication date]

[Insert page number where the document begins]

	Section 7.0	Exemptions	04/11/07	[Insert Federal Register publication
date]

[Insert page number where the document begins]

	

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