
[Federal Register Volume 77, Number 215 (Tuesday, November 6, 2012)]
[Rules and Regulations]
[Pages 66543-66545]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26951]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0381; FRL-9747-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Requirements for Prevention of Significant Deterioration and 
Nonattainment New Source Review; Fine Particulate Matter (PM2.5); 
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

-----------------------------------------------------------------------

SUMMARY: This document corrects an omission in the final rule document 
published on October 2, 2012, announcing EPA's final approval of 
several revisions to the Delaware State Implementation Plan (SIP). The 
revisions pertain to preconstruction requirements under the Prevention 
of Significant Deterioration (PSD) and nonattainment New Source Review 
(NSR) programs. The correction of this omission does not change EPA's 
final action to approve these regulations or their effectiveness.

DATES: This correcting amendment is effective November 6, 2012 and is 
applicable beginning November 1, 2012.

[[Page 66544]]


FOR FURTHER INFORMATION CONTACT: Gerallyn Duke, (215) 814-2084 or by 
email at duke.gerallyn@.epa.gov.

SUPPLEMENTARY INFORMATION: On October 2, 2012 (77 FR 60053), EPA 
published a final rulemaking action announcing its approval of 
revisions to the Delaware SIP pertaining to preconstruction 
requirements for fine particulate matter (PM2.5) under the 
PSD and nonattainment NSR programs. In addition, that action approved 
select portions of several Delaware SIP submittals intended to address 
the ``infrastructure'' requirements of CAA section 110(a)(2). Our 
approval of those infrastructure elements was discussed in the preamble 
to the final rulemaking action. However, the document inadvertently 
omitted necessary revisions to table (e) of section 52.420 which 
incorporate the specific revisions which are the subject of the final 
rulemaking action. This action corrects that oversight.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(3)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. EPA has determined that 
there is good cause for making this rule final without prior proposal 
and opportunity for comment because it merely corrects an incorrect 
citation in a previous action. Thus, notice and public procedure are 
unnecessary. EPA finds that this constitutes good cause under 5 U.S.C. 
553(b)(3)(B).

Statutory and Executive Order Reviews

    Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993), 
this action is not a ``significant regulatory action'' and is therefore 
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 Fed. Reg. 28355 (May 22, 2001)). 
Because the agency has made a ``good cause'' finding that this action 
is not subject to notice-and-comment requirements under the 
Administrative Procedures Act or any other statute as indicated in the 
Supplementary Information section above, it is not subject to the 
regulatory flexibility provisions of the Regulatory Flexibility Act (5 
U.S.C 601 et seq.), or to sections 202 and 205 of the Unfunded Mandates 
Reform Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action 
does not significantly or uniquely affect small governments or impose a 
significant intergovernmental mandate, as described in sections 203 and 
204 of UMRA. This rule also does 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), nor 
will it 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 
governments, as specified by Executive Order 13132 (64 FR 43255, August 
10, 1999). This rule also is not subject to Executive Order 13045 (62 
FR 19885, April 23, 1997), because it is not economically significant. 
This technical correction action does not involve technical standards; 
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. 
The rule also does not involve special consideration of environmental 
justice related issues as required by Executive Order 12898 (59 FR 
7629, February 16, 1994). In issuing this rule, EPA has taken the 
necessary steps to eliminate drafting errors and ambiguity, minimize 
potential litigation, and provide a clear legal standard for affected 
conduct, as required by section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996). EPA has complied with Executive Order 12630 (53 FR 
8859, March 15, 1998) by examining the takings implications of the rule 
in accordance with the Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings issued 
under the executive order. This rule does not impose an information 
collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.). 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. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement. 5 U.S.C. 808(2). 
As stated previously, EPA had made such a good cause finding, including 
the reasons therefore, and established an effective date of November 1, 
2012. 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 action to add the revision to 
paragraph 52.420(e), is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Reporting and recordkeeping requirements.
    Accordingly, in 40 CFR part 52, the following correcting amendments 
are made:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS


0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

0
2. In Sec.  52.420, the table in paragraph (e) is amended by revising 
the entries for section 110(a)(2) Infrastructure Requirements for the 
1997 8-Hour Ozone NAAQS, section 110(a)(2) Infrastructure Requirements 
for the 1997 PM2.5 NAAQS, section 110(a)(2) Infrastructure 
Requirements for the 2006 PM2.5 NAAQS, section 110(a)(2) 
Infrastructure Requirements for the 2008 Lead NAAQS to read as follows:


Sec.  52.420  Identification of plan.

* * * * *
    (e) * * *

[[Page 66545]]



----------------------------------------------------------------------------------------------------------------
                                       Applicable         State
   Name of non-regulatory SIP        geographic or      submittal    EPA approval date    Additional explanation
            revision               nonattainment area      date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 110(a)(2) Infrastructure  Statewide..........     12/13/07  8/4/11, 76 FR 47068  This action addresses
 Requirements for the 1997 8-                              9/19/08                        the following CAA
 Hour Ozone NAAQS.                                         9/16/09                        elements:
                                                                                          110(a)(2)(A), (B),
                                                                                          (C), (D)(ii), (E),
                                                                                          (F), (G), (H), (J),
                                                                                          (K), (L), and (M) or
                                                                                          portions thereof.
                                  Statewide..........     12/13/07  11/6/12 [Insert      This action addresses
                                                           9/19/08   page number where    the following CAA
                                                           9/16/09   the document         elements:
                                                            4/1/10   begins]              110(a)(2)(D)(i)(II) or
                                                                                          portions thereof.
----------------------------------------------------------------------------------------------------------------
Section 110(a)(2) Infrastructure  Statewide..........     12/13/07  8/4/11, 76 FR 47068  This action addresses
 Requirements for the 1997 PM2.5                           3/12/08                        the following CAA
 NAAQS.                                                    9/16/09                        elements:
                                                           3/10/10                        110(a)(2)(A), (B),
                                                                                          (C), (D)(ii), (E),
                                                                                          (F), (G), (H), (J),
                                                                                          (K), (L), and (M) or
                                                                                          portions thereof.
                                  Statewide..........     12/13/07  11/6/12 [Insert      This action addresses
                                                           3/12/08   page number where    the following CAA
                                                           9/16/09   the document         elements:
                                                           3/14/12   begins]              110(a)(2)(D)(i)(II) or
                                                                                          portions thereof.
----------------------------------------------------------------------------------------------------------------
Section 110(a)(2) Infrastructure  Statewide..........      9/16/09  8/4/11, 76 FR 47068  This action addresses
 Requirements for the 2006 PM2.5                           3/10/10                        the following CAA
 NAAQS.                                                                                   elements:
                                                                                          110(a)(2)(A), (B),
                                                                                          (C), (D)(ii), (E),
                                                                                          (F), (G), (H), (J),
                                                                                          (K), (L), and (M), or
                                                                                          portions thereof.
                                  Statewide..........      9/16/09  11/6/12 [Insert      This action addresses
                                                           3/14/12   page number where    the following CAA
                                                                     the document         elements:
                                                                     begins]              110(a)(2)(D)(i)(II) or
                                                                                          portions thereof.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 110(a)(2) Infrastructure  Statewide..........     10/17/11  9/10/12, 77 FR       This action addresses
 Requirements for the 2008 Lead                                      55420                the following CAA
 NAAQS.                                                                                   elements:
                                                                                          110(a)(2)(A), (B),
                                                                                          (C), (D), (E), (F),
                                                                                          (G), (H), (J), (K),
                                                                                          (L), and (M) or
                                                                                          portions thereof.
                                  Statewide..........     10/17/11  11/6/12 [Insert      This action addresses
                                                           3/14/12   page number where    the following CAA
                                                                     the document         elements:
                                                                     begins]              110(a)(2)(C),
                                                                                          (D)(i)(II), and (J) or
                                                                                          portions thereof.
----------------------------------------------------------------------------------------------------------------


    Dated: October 19, 2012.
W.C. Early,
Acting Regional Administrator, EPA Region III.
[FR Doc. 2012-26951 Filed 11-5-12; 8:45 am]
BILLING CODE 6560-50-P


