[Federal Register: November 22, 2002 (Volume 67, Number 226)]
[Rules and Regulations]
[Page 70315-70317]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22no02-5]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DE061-DE066-1036; FRL-7411-3]
Approval and Promulgation of Air Quality Implementation Plans;
Six Control Measures to Meet EPA-Identified Shortfalls in Delaware's
One-Hour Ozone Attainment Demonstration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Delaware. This revision consists of six
control measures to meet EPA-identified shortfalls in Delaware's one-
hour ozone attainment demonstration. The intended effect of this action
is to approve the six control measures.
EFFECTIVE DATE: This final rule is effective on December 23, 2002.
ADDRESSES: Copies of the documents relevant 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; and 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 quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On September 12, 2002 (67 FR 5776), EPA published a notice of
proposed rulemaking (NPR) for the State of Delaware. The NPR proposed
approval of the Delaware SIP revision for six control measures based on
the model rules developed by the Ozone Transport Commission (OTC), to
meet EPA-identified attainment shortfalls for the Philadelphia-
Wilmington-Trenton nonattainment area and 19 counties within 100
kilometers of the nonattainment area. The six control measures are: (1)
Control of volatile organic compound (VOC) emissions from mobile
equipment repair and refinishing; (2) control of VOC emissions from
solvent cleaning and drying; (3) control of VOC emissions from
Architectural and Industrial Maintenance (AIM) coatings; (4) control of
VOC emissions from consumer products; (5) control of VOC emissions from
portable fuel containers; and (6)
[[Page 70316]]
control of nitrogen oxides (NOX) emissions from industrial
boilers. Other specific requirements of the six control measures 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 the six control measures submitted on March 1,
2002, as revisions to the Delaware SIP.
III. Administrative Requirements
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
standard, 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 is not economically significant.
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 January 21, 2003. 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 six control measures to meet
EPA-identified shortfalls in Delaware's one-hour ozone attainment
demonstration, 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, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: November 14, 2002.
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 Section 52.420, the table in paragraph (c) is amended:
a. Under Regulation 24 by revising the entries for Section 11 and
Section 33.
b. By adding a new Regulation 41, including headings, with entries
for Section 1, Section 2 and Section 3.
c. By adding a new Regulation 42, including headings, with an entry
for Section 1.
The revisions and additions read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
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EPA-Approved Regulations in the Delaware SIP
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State
State citation Title/subject effective EPA approval date Additional
date explanation
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* * * * * * *
Regulation 24 CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS
* * * * * * *
Section 11........................ Mobile Equipment Repair and Refinishing....... 11/11/01 November 22, 2002, Federal
Register page citation.
* * * * * * *
Section 33........................ Solvent Cleaning and Drying................... 11/11/01 November 22, 2002, Federal
Register page citation.
* * * * * * *
Regulation 41 LIMITING VOC EMISSIONS FROM CONSUMER AND COMMERCIAL PRODUCTS
Section 1......................... Architectural and Industrial Maintenance (AIM) 3/11/02 November 22, 2002, Federal
Coatings. Register page citation.
Section 2......................... Commercial Products........................... 1/11/02 November 22, 2002, Federal
Register page citation.
Section 3......................... Portable Fuel Containers...................... 11/11/01 November 22, 2002, Federal
Register page citation.
Regulations 42 SPECIFIC EMISSION CONTROL REQUIREMENTS
Section 1......................... Control of Nitrogen Oxides (NOX) Emissions 12/11/01 November 22, 2002, Federal
from Industrial Boilers. Register page citation.
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[FR Doc. 02-29605 Filed 11-21-02; 8:45 am]
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