77760 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 

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 Clean Air Act; 

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 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 Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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 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 February 14, 

2011. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action 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. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

This action pertaining to Delaware’s 

portable fuel containers regulation 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, Incorporation by 

reference, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: November 30, 2010. 

W.C. Early, 

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. 

Subpart I—Delaware 

■ 2. In § 52.420, the table in paragraph 

(c) is amended by revising the entry for 

Regulation 1141, Section 3.0 to read as 

follows: 

§ 52.420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE DELAWARE SIP 

State regulation 

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

*******

1141 ......................................... Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products 

*******

Section 3.0 ............................... Portable Fuel Containers ........ 4/11/10 .................................... 12/14/10 [Insert page number 

where the document begins].

*******

* * * * * 

[FR Doc. 2010–31220 Filed 12–13–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2008–0334; FRL–9238–5] 

National Emission Standards for 

Hazardous Air Pollutants for Chemical 

Manufacturing Area Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; stay for permit 

applications. 

SUMMARY: On June 15, 2010, EPA 

notified Petitioners that the Agency 

intended to initiate the reconsideration 

process in response to their request for 

reconsideration of certain provisions in 

the National Emission Standards for 

Hazardous Air Pollutants for Chemical 

Manufacturing Area Sources. Among 

the provisions that EPA is reconsidering 

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Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 77761 

1Chemical manufacturing process unit. 

is a requirement that certain affected 

sources obtain a permit. EPA is staying 

until March 14, 2011, the requirement 

for certain affected sources to comply 

with the title V permit program. Because 

we believe the reconsideration process 

may not be completed within 90 days, 

we are also proposing in a separate 

notice to stay the provision requiring 

certain sources to obtain a permit after 

the final reconsideration rule is 

published in the Federal Register. 

DATES: Effective December 14, 2010, 40 

CFR 63.11494(e) of subpart VVVVVV is 

stayed until March 14, 2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Randy McDonald, Office of Air Quality 

Planning and Standards, Sector Policies 

and Programs Division, Coatings and 

Chemicals Group (E143–01), 

Environmental Protection Agency, 

Research Triangle Park, NC 27711, 

telephone number: (919) 541–5402; fax 

number: (919) 541–0246; e-mail address: 

mcdonald.randy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The EPA published final National 

Emission Standards for Hazardous Air 

Pollutants for Chemical Manufacturing 

Area Sources on October 29, 2009. 40 

CFR part 63, subpart VVVVVV (74 FR 

56008). Included in the final rule was a 

new provision requiring any major 

source that had installed a control 

device on a chemical manufacturing 

process unit after November 15, 1990, 

and, as a result, became an area source 

under CFR 40 part 63, obtain a title V 

permit under 40 CFR part 70 or 40 CFR 

part 71. 40 CFR 63.11494(e). 

On February 12, 2010, the American 

Chemistry Council and the Society of 

Chemical Manufacturers and Affiliates 

(collectively referred to as ‘‘Petitioners’’) 

sought reconsideration of six provisions 

in the final rule, including the provision 

requiring certain sources to obtain a title 

V permit. On June 15, 2010, EPA 

notified Petitioners that the Agency 

intended to initiate the reconsideration 

process. EPA also separately notified 

Petitioners that the provision requiring 

certain sources to obtain a title V permit 

was among the provisions for which 

EPA would grant reconsideration. 

By letter dated October 28, 2010, 

Petitioners requested a stay of the 

requirement to comply with the title V 

permit program, specifically the 

requirement to submit a title V permit 

application, pending completion of the 

reconsideration process. Petitioners 

stated in their letter that they were 

requesting the stay because, ‘‘under one 

interpretation of EPA’s [40 CFR part 70 

and 40 CFR part 71] regulations, 

existing sources must file title V permit 

applications: October 29, 2010.’’ 

Petitioners maintained that it would be 

unreasonable and inequitable to require 

facilities to prepare and submit title V 

applications at the same time that EPA 

is reconsidering the requirement to 

obtain a title V permit. As explained 

below, EPA believes that it is 

appropriate to stay the effectiveness of 

the requirement in 40 CFR 63.11494(e) 

for certain sources to obtain a title V 

permit during the pendency of the 

reconsideration process. 

Pursuant to Clean Air Act (CAA) 

section 307(d)(7)(B), EPA is staying for 

90 days the provision in 40 CFR 

63.11494(e) that requires ‘‘[a]ny source 

that was a major source and installed a 

control device on a CMPU 1 after 

November 15, 1990, and, as a result, 

became an area source under 40 CFR 

part 63 is required to obtain a permit 

under 40 CFR part 70 or 40 CFR part 

71.’’ This provision was first introduced 

in the final rule and represented a 

significant change from the proposal. 

Facilities had no chance to comment on 

this new requirement in the final rule. 

We are staying this provision because 

both the affected universe of sources 

and the substantive requirement could 

change as a result of this 

reconsideration process. Specifically, 

we will be reconsidering whether the 

affected sources noted above should be 

subject to title V, or whether they 

should be exempt from title V 

requirements. Because we cannot prejudge the outcome of the 

reconsideration process, we think a 

limited stay during the duration of the 

administrative reconsideration process 

is appropriate so that sources are not 

incurring the cost associated with 

applying for a title V permit in advance 

of our final decision on the issue. 

EPA believes that it may not be able 

to complete the reconsideration process 

within the 3-month stay period 

authorized in CAA section 307(d)(7)(B). 

For this reason, we are also proposing 

in a separate notice to stay the provision 

requiring certain sources to obtain a 

permit under 40 CFR part 70 or 40 CFR 

part 71 until the final reconsideration 

rule is published in the Federal 

Register. 

II. Statutory and Executive Order 

Reviews 

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). In addition, this action does 

not impose any enforceable duty or 

contain any unfunded mandate as 

described in the Unfunded Mandates 

Reform Act of 1995 (Public Law 104–4), 

or require prior consultation with State 

officials, as specified by Executive 

Order 12875 (58 FR 58093, October 28, 

1993), or involve special consideration 

of environmental justice related issues, 

as required by Executive Order 12898 

(59 FR 7629, February 16, 1994). 

Because this action is not subject to 

notice-and-comment requirements 

under the Administrative Procedure Act 

or any other statute, it is not subject to 

the regulatory flexibility provisions of 

the Regulatory Flexibility Act (5 U.S.C. 

601, et seq.). This action 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 also is not 

subject to Executive Order 13045, 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997). 

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 action does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501, et seq.). EPA’s compliance 

with these statutes and Executive 

Orders for the underlying rule is 

discussed in the October 29, 2009, 

Federal Register document. 

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 

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77762 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 

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 notice and other 

required information to the United 

States Senate, the United States House 

of Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. The stay of these particular 

provisions in 40 CFR subpart VVVVVV 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

List of Subjects in 40 CFR Part 63 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Monitoring, 

Reporting and recordkeeping. 

Dated: December 7, 2010. 

Lisa P. Jackson, 

Administrator. 

■ For the reasons stated in the preamble, 

title 40, chapter I of the Code of Federal 

Regulations is amended as follows: 

PART 63—[AMENDED] 

■ 1. The authority citation for part 63 

continues to read as follows: 

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

§ 63.11494 [STAYED IN PART] 

■ 2. In § 63.11494, paragraph (e) is 

stayed from December 14, 2010 until 

March 14, 2011. 

[FR Doc. 2010–31327 Filed 12–13–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2010–0003] 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

in the table below. 

ADDRESSES: The final BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–4064, or (e-mail) 

luis.rodriguez1@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Deputy Federal 

Insurance and Mitigation Administrator 

has resolved any appeals resulting from 

this notification. 

This final rule is issued in accordance 

with section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR part 67. FEMA has 

developed criteria for floodplain 

management in floodprone areas in 

accordance with 44 CFR part 60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. The BFEs and 

modified BFEs are made final in the 

communities listed below. Elevations at 

selected locations in each community 

are shown. 

National Environmental Policy Act. 

This final rule is categorically excluded 

from the requirements of 44 CFR part 

10, Environmental Consideration. An 

environmental impact assessment has 

not been prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This final rule involves no policies that 

have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This final rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 

■ Accordingly, 44 CFR part 67 is 

amended as follows: 

PART 67—[AMENDED] 

■ 1. The authority citation for part 67 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 67.11 [Amended] 

■ 2. The tables published under the 

authority of § 67.11 are amended as 

follows: 

WReier-Aviles on DSKGBLS3C1PROD with RULES