
[Federal Register Volume 77, Number 145 (Friday, July 27, 2012)]
[Notices]
[Pages 44232-44233]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18384]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9705-3]


Delegation of Authority To Implement and Enforce Outer 
Continental Shelf Air Regulations to the Delaware Department of Natural 
Resources and Environmental Control

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of delegation of authority.

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SUMMARY: On July 21, 2010, EPA sent the Delaware Department of Natural 
Resources and Environmental Control (DNREC) a letter acknowledging 
DNREC has been delegated the authority to implement and enforce 
sections of the Outer Continental Shelf (OCS) Air Regulations. To 
inform regulated facilities and the public of DNREC's delegation of 
authority to implement and enforce OCS regulations, EPA is making 
available a copy of EPA's letter to DNREC through this notice.

DATES: On July 21, 2010, EPA sent DNREC a letter acknowledging DNREC 
has been delegated the authority to implement and enforce OCS.

ADDRESSES: Copies of documents pertaining to this action are available 
for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103-2029. Copies of the 
State submittal are available at the Delaware Department of Natural 
Resources and Environmental Control, 89 Kings Highway, P.O. Box 1401, 
Dover, Delaware.

FOR FURTHER INFORMATION CONTACT: Cathleen Kennedy, (215) 814-2746, or 
by email at kennedy.cathleen@epa.gov.

SUPPLEMENTARY INFORMATION: On July 8, 2010, DNREC requested delegation 
of authority to implement, administer, and enforce Title 40 of the Code 
of Federal Regulations, Part 55 (Outer Continental Shelf Air 
Regulations). On July 21, 2010, EPA sent DNREC a letter acknowledging 
that DNREC has been delegated the authority to implement and enforce 
OCS regulations. A copy of EPA's letter to DNREC follows:


[[Page 44233]]


``The Honorable Collin O'Mara
Secretary
Delaware Department of Natural
Resources and Environmental Control
89 Kings Highway
Dover, Delaware 19901

    Dear Secretary O'Mara:
    In response to your delegation request, dated July 8, 2010, the 
U.S. Environmental Protection Agency, Region III (EPA) hereby grants to 
the Delaware Department of Natural Resources and Environmental Control 
(DNREC) formal delegation of the following sections of the Outer 
Continental Shelf (OCS) Regulation in the Code of Federal Regulations, 
Title 40, Part 55 (40 CFR part 55), as it exists on July 9, 2009:
     55.1--Statutory authority and scope.
     55.2--Definitions.
     55.3--Applicability.
     55.4--Requirements to submit a notice of intent.
     55.6--Permit requirements.
     55.7--Exemptions.
     55.8--Monitoring, reporting, inspections, and compliance.
     55.9--Enforcement.
     55.10--Fees.
     55.13--Federal requirements that apply to OCS sources.
     55.14--Requirements that apply to OCS sources located 
within 25 miles of states' seaward boundaries, by State.
     55.15-- Specific designation of corresponding onshore 
areas.
     Appendix A to 40 CFR part 55--Listing of State and Local 
Requirements Incorporated by Reference Into Part 55, by State.
    As stated in 40 CFR part 55.11(b), the Administrator will delegate 
implementation and enforcement authority to a State if the State has an 
adjacent OCS source and the Administrator determines that the State's 
regulations are adequate, including a demonstration by the State that 
the State has:
    (1) Adopted the appropriate portions of part 55 into State law;
    (2) Adequate authority under State law to implement and enforce the 
requirements of this part. A letter from the State Attorney General 
shall be required stating that the requesting agency has such 
authority;
    (3) Adequate resources to implement and enforce the requirements of 
this part; and
    (4) Adequate administrative procedures to implement and enforce the 
requirements of this part, including public notice and comment 
procedures.
    EPA reviewed DNREC's July 8, 2010 request and concludes that it 
meets all of the requirements of 40 CFR Part 55.11(b). Therefore, DNREC 
is authorized to implement, enforce, and administer the parts of 40 CFR 
part 55 listed above for OCS sources in which Delaware is the 
corresponding onshore area.
    I appreciate DNREC's efforts to implement the OCS regulations and 
look forward to working with you to foster the growth of alternative 
energy projects in Delaware. If you have any questions, please do not 
hesitate to contact me or have your staff contact Ms. Amie Howell, 
EPA's Delaware Liaison, at (215) 814-5722.
 Sincerely,
Shawn M. Garvin
Regional Administrator''

    This notice acknowledges that DNREC has been delegated the 
authority to implement and enforce OSC Air Regulations.

    Dated: July 10, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-18384 Filed 7-26-12; 8:45 am]
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