Federal Register / Vol. 78, No. 185 / Tuesday, September 24, 2013 / Rules and Regulations 58465 

[FR Doc. 2013–22974 Filed 9–23–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[DE104–1103; FRL–9900–05–Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Update to Materials 

Incorporated by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; administrative 

change. 

SUMMARY: EPA is updating the materials 

that are incorporated by reference (IBR) 

into the Delaware State Implementation 

Plan (SIP). The regulations affected by 

this update have been previously 

submitted by the Delaware Department 

of Natural Resources and Environmental 

Control (DNREC) and approved by EPA. 

This update affects the SIP materials 

that are available for public inspection 

at the National Archives and Records 

Administration (NARA), the Air and 

Radiation Docket and Information 

Center located at EPA Headquarters in 

Washington, DC, and the EPA Regional 

Office. 

DATES: This action is effective 

September 24, 2013. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103; the 

Air and Radiation Docket and 

Information Center, U.S. Environmental 

Protection Agency, 1301 Constitution 

Avenue NW., Room Number 3334, EPA 

West Building, Washington, DC 20460; 

or the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/

federal_register/code_of_federal_

regulations/ibr_locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Sharon McCauley, (215) 814–3376 or by 

email at mccauley.sharon@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The SIP is a living document which 

a state revises as necessary to address its 

unique air pollution problems. 

Therefore, EPA, from time to time, must 

take action on SIP revisions containing 

new and/or revised regulations as being 

part of the SIP. On May 22, 1997 (62 FR 

27968), EPA revised the procedures for 

incorporating by reference Federallyapproved SIPs, as a result of 

consultations between EPA and the 

Office of the Federal Register (OFR). The 

description of the revised SIP 

document, IBR procedures and 

‘‘Identification of plan’’ format are 

discussed in further detail in the May 

22, 1997 Federal Register document. On 

December 7, 1998 (63 FR 67407), EPA 

published a document in the Federal 

Register beginning the new IBR 

procedure for Delaware. On June 21, 

2004 (69 FR 34285), April 3, 2007 (72 

FR 15839), April 17, 2009 (74 FR 

17771), and May 2, 2011 (76 FR 24372), 

EPA published updates to the IBR 

material for Delaware. 

Since the publication of the last IBR 

update, EPA has approved the following 

regulatory changes to the following 

Delaware regulations: 

A. Added Regulations 

1. 7 DNREC regulation 1141 (Limiting 

Emissions of Volatile Organic 

Compounds from Consumer and 

Commercial Products), section 4.0 

(Adhesives and Sealants). 

2. 29 Del C. chapter 58 (Laws 

Regulating the Conduct of Officers and 

Employees of the State), sections 5804, 

5805 (part), 5806 (part), 5812, 5813 

(part), 5813A (part), and 5815 (part). 

B. Revised Regulations 

1. 7 DNREC regulation 1102 (Permits), 

appendix A. 

2. 7 DNREC regulation 1124 (Control 

of Volatile Organic Compound 

Emissions), sections 2.0 (Definitions), 

8.0 (Handling, Storage, and Disposal of 

Volatile Organic Compounds (VOCs)), 

12.0 (Surface Coating of Plastic Parts), 

13.0 (Automobile and Light-Duty Truck 

Coating Operations), 16.0 (Paper 

Coating), 19.0 (Coating of Metal 

Furniture), 20.0 (Coating of Large 

Appliances), 22.0 (Coating of 

Miscellaneous Metal Parts), 23.0 

(Coating of Flat Wood Panelling), 37.0 

(Graphic Arts Systems), 45.0 (Industrial 

Cleaning Solvents), and 47.0 (Offset 

Lithographic Printing and Letterpress 

Printing). 

3. 7 DNREC regulation 1125 

(Requirements for Preconstruction 

Review), sections 1.0 through Section 

3.0. 

4. 7 DNREC regulation 1142 (Specific 

Emission Control Requirements), 

section 2.0 (Control of NOX Emissions 

from Industrial Boilers and Process 

Heaters at Petroleum Refineries). 

II. EPA Action 

In this action, EPA is announcing the 

update to the IBR material as of July 1, 

2013. EPA is also correcting 

typographical errors and omissions 

found in the following table entries of 

paragraph 52.420(c): 7 DNREC 

regulation 1124, sections 8.0, 23.0, and 

37.0. 

EPA has determined that today’s rule 

falls under the ‘‘good cause’’ exemption 

in section 553(b)(3)(B) of the 

Administrative Procedures Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation and section 

553(d)(3) which allows an agency to 

make a rule effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s rule simply codifies 

provisions which are already in effect as 

a matter of law in Federal and approved 

State programs. Under section 553 of the 

APA, an agency may find good cause 

where procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the codification 

only reflects existing law. Immediate 

notice in the CFR benefits the public by 

removing outdated citations and 

incorrect table entries. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the Clean Air Act (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 


tkelley on DSK3SPTVN1PROD with RULES
58466 Federal Register / Vol. 78, No. 185 / Tuesday, September 24, 2013 / Rules and Regulations 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 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 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 

EPA has also determined that the 

provisions of section 307(b)(1) of the 

CAA pertaining to petitions for judicial 

review are not applicable to this action. 

Prior EPA rulemaking actions for each 

individual component of the Delaware 

SIP compilations had previously 

afforded interested parties the 

opportunity to file a petition for judicial 

review in the United States Court of 

Appeals for the appropriate circuit 

within 60 days of such rulemaking 

action. Thus, EPA sees no need in this 

action to reopen the 60-day period for 

filing such petitions for judicial review 

for this ‘‘Identification of plan’’ update 

action for Delaware. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: July 31, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

■ 40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority for citation for part 52 

continues to read as follows: 

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

Subpart I—Delaware 

■ 2. Section 52.420 is amended by: 

■ a. Revising paragraph (b). 

■ b. In paragraph (c), revising the entries 

for Regulation 1124, sections 8.0, 23.0, 

and 37.0. 

The revisions read as follows: 

§ 52.420 Identification of plan. 

* * * * * 

(b) Incorporation by reference. (1) 

Material listed as incorporated by 

reference in paragraphs (c) and (d) was 

approved for incorporation by reference 

by the Director of the Federal Register 

in accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. The material 

incorporated is as it exists on the date 

of the approval, and notice of any 

change in the material will be published 

in the Federal Register. Entries in 

paragraphs (c) and (d) of this section 

with EPA approval dates on or after July 

1, 2013 will be incorporated by 

reference in the next update to the SIP 

compilation. 

(2)(i) EPA Region III certifies that the 

rules/regulations provided by EPA at 

the addresses in paragraph (b)(3) of this 

section are an exact duplicate of the 

officially promulgated State rules/

regulations which have been approved 

as part of the State implementation plan 

as of July 1, 2013. 

(ii) EPA Region III certifies that the 

source-specific requirements provided 

by EPA at the addresses in paragraph 

(b)(3) of this section are an exact 

duplicate of the officially promulgated 

source specific requirements which 

have been approved in the notebook ‘‘40 

CFR 52.420(d)—Source Specific 

Requirements’’ as part of the State 

implementation plan as of March 1, 

2011. No additional revisions were 

made between March 1, 2011 and July 

1, 2013. 

(3) Copies of the materials 

incorporated by reference may be 

inspected at the EPA Region III Office at 

1650 Arch Street, Philadelphia, PA 

19103. For further information, call 

(215) 814–2108; the EPA, Air and 

Radiation Docket and Information 

Center, Room Number 3334, EPA West 

Building, 1301 Constitution Avenue 

NW., Washington, DC 20460. For further 

information, call (202) 566–1742; or at 

the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/

federal_register/code_of_federal_

regulations/ibr_locations.html. 

(c) EPA-approved regulations. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 185 / Tuesday, September 24, 2013 / Rules and Regulations 58467 

EPA-APPROVED REGULATIONS AND STATUTES IN THE DELAWARE SIP 

State regulation 

(7 DNREC 1100) Title/subject State effective date EPA approval date Additional explanation 

*******

1124 Control of Volatile Organic Compound Emissions 

*******

Section 8.0 ................ Handling, Storage, and Disposal of 

Volatile Organic Compounds 

(VOCs).

3/11/11 4/13/12, 77 FR 22224 ........

*******

Section 23.0 .............. Coating of Flat Wood Panelling ..... 3/11/11 4/13/12, 77 FR 22224 ........

*******

Section 37.0 .............. Graphic Arts Systems .................... 3/11/11 4/13/12 77 FR 22224 ......... Amended to add ‘‘flexible packaging printing’’ to the regulated 

category. 

*******

* * * * * 

[FR Doc. 2013–23095 Filed 9–23–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R01–OAR–2013–0020; FRL– 9901–11– 

Region1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Connecticut; Redesignation of 

Connecticut Portion of the New YorkNew Jersey-Connecticut 

Nonattainment Area to Attainment of 

the 1997 Annual and 2006 24-Hour 

Standards for Fine Particulate Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the State of 

Connecticut’s June 22, 2012 request to 

redesignate the Connecticut portion of 

the New York-N. New Jersey-Long 

Island, NY-NJ-CT fine particle (PM2.5) 

area (i.e., New Haven and Fairfield 

Counties; herein called the 

‘‘Southwestern CT Area’’ or ‘‘the Area’’) 

from nonattainment to attainment for 

the 1997 annual National Ambient Air 

Quality Standards (NAAQS or 

standards), as well as for the 2006 24- 

hour PM2.5 NAAQS. As part of these 

approvals, EPA is approving: A State 

Implementation Plan (SIP) revision 

containing a 10-year maintenance plan 

for the Area; a 2007 base-year emissions 

inventory for the Area; and new motor 

vehicle emissions budgets (MVEBs) for 

the years 2017 and 2025 that are 

contained in the 10-year PM2.5

maintenance plan for the Area. This 

action is being taken in accordance with 

the Clean Air Act. 

DATES: This rule is effective on October 

24, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2013–0020. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., 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 at 

the Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Office of 

Ecosystem Protection, Air Quality 

Planning Unit, 5 Post Office Square— 

Suite 100, Boston, MA. EPA requests 

that if at all possible, you contact the 

contact listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. 

Copies of the documents relevant to 

this action are also available for public 

inspection during normal business 

hours, by appointment at the Bureau of 

Air Management, Department of Energy 

and Environmental Protection, State 

Office Building, 79 Elm Street, Hartford, 

CT 06106–1630. 

FOR FURTHER INFORMATION CONTACT: 

Alison C. Simcox, Air Quality Planning 

Unit, U.S. Environmental Protection 

Agency, EPA New England Regional 

Office, Office of Ecosystem Protection, 

Air Quality Planning Unit, 5 Post Office 

Square—Suite 100, (Mail code OEP05– 

2), Boston, MA 02109–3912, telephone 

number (617) 918–1684, fax number 

(617) 918–0684, email simcox.alison@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background and Purpose 

II. Final Action 

III. Statutory and Executive Order Reviews 


tkelley on DSK3SPTVN1PROD with RULES