**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 \[[insert date 30
days from date of publication]{.underline}\].

**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]{.underline} 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]{.underline} 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 <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]{.underline}*.*);

-   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]{.underline}.);

-   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]{.underline}., 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]{.underline}
[Register]{.underline}. A major rule cannot take effect until 60 days
after it is published in the [Federal]{.underline}
[Register]{.underline}. 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 [\[insert date 60 days from date of publication
of this document in the Federal Register]{.underline}\]. 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\_]{.underline}\_\_\_
[\_\_\_\_\_\_\_\_\_\_/s/\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

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]{.underline}.

Subpart I B 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]{.underline} [Identification of plan]{.underline}.

\* \* \* \* \*

\(c\) \* \* \*

EPA-APPROVED REGULATIONS IN THE DELAWARE SIP

+-----------------+-----------+-------------+-------------+----------+
| **State         | **Title/  | **State     | **EPA       | **Ad     |
| citation**      | subject** | effective   | approval    | ditional |
|                 |           | date**      | date**      | expla    |
|                 |           |             |             | nation** |
+=================+===========+=============+=============+==========+
| \* \* \* \* \*  |           |             |             |          |
| \* \*           |           |             |             |          |
+-----------------+-----------+-------------+-------------+----------+
| **Regulation    | **Control |             |             |          |
| No. 1144**      | of        |             |             |          |
|                 | S         |             |             |          |
|                 | tationary |             |             |          |
|                 | Generator |             |             |          |
|                 | Em        |             |             |          |
|                 | issions** |             |             |          |
+-----------------+-----------+-------------+-------------+----------+
| Section 1.0     | General   | 01/11/06    | \[Insert    |          |
|                 |           |             | [Federal    |          |
|                 |           |             | Register]{  |          |
|                 |           |             | .underline} |          |
|                 |           |             | publication |          |
|                 |           |             | date\]      |          |
|                 |           |             |             |          |
|                 |           |             | \[Insert    |          |
|                 |           |             | page number |          |
|                 |           |             | where the   |          |
|                 |           |             | document    |          |
|                 |           |             | begins\]    |          |
+-----------------+-----------+-------------+-------------+----------+
| Section 2.0     | De        | 01/11/06    | \[Insert    |          |
|                 | finitions |             | [Federal    |          |
|                 |           |             | Register]{  |          |
|                 |           |             | .underline} |          |
|                 |           |             | publication |          |
|                 |           |             | date\]      |          |
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|                 |           |             | page number |          |
|                 |           |             | where the   |          |
|                 |           |             | document    |          |
|                 |           |             | begins\]    |          |
+-----------------+-----------+-------------+-------------+----------+
| Section 3.0     | Emissions | 01/11/06    | \[Insert    |          |
|                 |           |             | [Federal    |          |
|                 |           |             | Register]{  |          |
|                 |           |             | .underline} |          |
|                 |           |             | publication |          |
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+-----------------+-----------+-------------+-------------+----------+
| Section 4.0     | Operating | 01/11/06    | \[Insert    |          |
|                 | Req       |             | [Federal    |          |
|                 | uirements |             | Register]{  |          |
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+-----------------+-----------+-------------+-------------+----------+
| Section 5.0     | Fuel      | 01/11/06    | \[Insert    |          |
|                 | Req       |             | [Federal    |          |
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|                 |           |             | .underline} |          |
|                 |           |             | publication |          |
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+-----------------+-----------+-------------+-------------+----------+
| Section 6.0     | Record    | 01/11/06    | \[Insert    |          |
|                 |           |             | [Federal    |          |
|                 | Keeping   |             | Register]{  |          |
|                 | and       |             | .underline} |          |
|                 | Reporting |             | publication |          |
|                 |           |             | date\]      |          |
|                 |           |             |             |          |
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|                 |           |             | page number |          |
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+-----------------+-----------+-------------+-------------+----------+
| Section 7.0     | Emissions | 01/11/06    | \[Insert    |          |
|                 | Certi     |             | [Federal    |          |
|                 | fication, |             | Register]{  |          |
|                 | Co        |             | .underline} |          |
|                 | mpliance, |             | publication |          |
|                 | and       |             | date\]      |          |
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+-----------------+-----------+-------------+-------------+----------+
| Section 8.0     | Credit    | 01/11/06    | \[Insert    |          |
|                 | for       |             | [Federal    |          |
|                 | C         |             | Register]{  |          |
|                 | oncurrent |             | .underline} |          |
|                 | Emissions |             | publication |          |
|                 | R         |             | date\]      |          |
|                 | eductions |             |             |          |
|                 |           |             | \[Insert    |          |
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|                 |           |             | where the   |          |
|                 |           |             | document    |          |
|                 |           |             | begins\]    |          |
+-----------------+-----------+-------------+-------------+----------+
| Section 9.0     | DVFA      | 01/11/06    | \[Insert    |          |
|                 | Member    |             | [Federal    |          |
|                 | Companies |             | Register]{  |          |
|                 |           |             | .underline} |          |
|                 |           |             | publication |          |
|                 |           |             | date\]      |          |
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|                 |           |             | where the   |          |
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|                 |           |             | begins\]    |          |
+-----------------+-----------+-------------+-------------+----------+

\* \* \* \* \*