	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2007-1188; FRL-         ]

Approval and Promulgation of Air Quality Implementation Plans; Delaware;


Control of Stationary Generator Emissions

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 contains
provisions to control emissions from stationary generators.  EPA is
approving this SIP revision in accordance with 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-2007-1188.  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 March 5, 2008 (73 FR 11845), EPA published a notice of proposed
rulemaking (NPR) for the State of Delaware.  The NPR proposed approval
of the provisions to control emissions from stationary generators.  The
formal SIP revision was submitted by the State of Delaware on November
1, 2007.  Specific requirements of Delaware’s regulation to control
emissions from stationary generators 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. 1144 – Control of Stationary Generator
Emissions, as a revision to the Delaware SIP.  This regulation will help
ensure that the air emissions from new and existing generators do not
cause or contribute to the existing air quality problems with regard to
ground-level ozone and fine particulate matter, thereby adversely
impacting public health, safety, and welfare.

III.  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 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 regulation to control emissions
from stationary generators, 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,
Incorporation by reference, Nitrogen dioxide, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Sulfur oxides.

                                                                        
                                

__April 15, 2008____                                                
__________/s/_________________    

Dated:   		  				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 adding entries
for Regulation No. 1144 – Control of Stationary Generators Emissions
at the end of the table 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 No. 1144	Control of Stationary Generator Emissions

Section 1.0	General	01/11/06	[Insert Federal Register publication date]

[Insert page number where the document begins]	



Section 2.0	Definitions	01/11/06	[Insert Federal Register publication
date]

[Insert page number where the document begins]

	Section 3.0	Emissions	01/11/06	[Insert Federal Register publication
date]

[Insert page number where the document begins]

	Section 4.0	Operating Requirements	01/11/06	[Insert Federal Register
publication date]

[Insert page number where the document begins]

	Section 5.0	Fuel Requirements	01/11/06	[Insert Federal Register
publication date]

[Insert page number where the document begins]

	Section 6.0	Record

Keeping and Reporting	01/11/06	[Insert Federal Register publication
date]

[Insert page number where the document begins]

	Section 7.0	Emissions Certification, Compliance, and Enforcement
01/11/06	[Insert Federal Register publication date]

[Insert page number where the document begins]

	Section 8.0	Credit for Concurrent Emissions Reductions	01/11/06	[Insert
Federal Register publication date]

[Insert page number where the document begins]

	Section 9.0	DVFA Member Companies	01/11/06	[Insert Federal Register
publication date]

[Insert page number where the document begins]

	

	*	*	*	*	*

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