Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Rules and Regulations 73967 

Marker 296.7 daily from 7 a.m. to 11 

a.m. and from 1 p.m. to 5 p.m. on 

December 6, 2010 through December 11, 

2010 and from December 13, 2010 

through December 18, 2010. This 

enforcement action will then occur 

again from 7 a.m. on December 20, 2010 

through 5 p.m. on December 23, 2010. 

This action is necessary to protect the 

waterways, waterway users, and vessels 

from hazards associated with the U.S. 

Army Corps of Engineers’ startup testing 

of the new dispersal barrier IIB, which 

will help control the spread of aquatic 

nuisance species that have the potential 

of devastating the waters of the Great 

Lakes. 

During the enforcement period, entry 

into, transiting, mooring, laying-up or 

anchoring within the enforced area of 

this safety zone by any person or vessel 

is prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. 

DATES: The regulations in 33 CFR 

165.T09–0166 will be enforced from 

7 a.m. on December 6, 2010 through 

5 p.m. on December 23, 2010. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or e-mail CDR Tim Cummins, Deputy 

Prevention Division, Ninth Coast Guard 

District, telephone 216–902–6045, 

e-mail address 

Timothy.M.Cummins@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a segment of the 

Safety Zone; Brandon Road Lock and 

Dam to Lake Michigan including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, CalumetSaganashkee Channel, Chicago, IL, 

listed in 33 CFR 165.T09–0166, on all 

waters of the Chicago Sanitary and Ship 

Canal from Mile Marker 296.1 to Mile 

Marker 296.7 daily from 7 a.m. to 

11 a.m. and from 1 p.m. to 5 p.m. on 

December 6, 2010 through December 11, 

2010 and from December 13, 2010 

through December 18, 2010. This 

enforcement action will then occur 

again from 7 a.m. on December 20, 2010 

through 5 p.m. on December 23, 2010. 

This enforcement action is necessary 

because the Captain of the Port, Sector 

Lake Michigan has determined that the 

U.S. Army Corps of Engineers’ dispersal 

barrier IIB startup testing poses risks to 

life and property. The combination of 

vessel traffic and electric current in the 

water makes the control of vessels 

through the impacted portion of the 

Chicago Sanitary and Ship Canal 

necessary to prevent injury and property 

loss. 

In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting, mooring, laying up, or 

anchoring within the enforced area of 

this safety zone by any person or vessel 

is prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. 

This notice is issued under authority 

of 33 CFR 165.T09–0166 and 5 U.S.C. 

552(a). In addition to this notice in the 

Federal Register, the Captain of the 

Port, Sector Lake Michigan, will also 

provide notice through other means, 

which may include but are not limited 

to Broadcast Notice to Mariners, Local 

Notice to Mariners, local news media, 

distribution in leaflet form, and onscene oral notice. Additionally, the 

Captain of the Port, Sector Lake 

Michigan, may notify representatives 

from the maritime industry through 

telephonic and e-mail notifications. 

Dated: November 17, 2010. 

S.R. Schenk, 

Commander, U.S. Coast Guard, Captain of 

the Port, Sector Lake Michigan, Acting. 

[FR Doc. 2010–30148 Filed 11–29–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R03–OAR–2010–0771; FRL–9233–4] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants, State of 

Delaware; Control of Emissions From 

Existing Hospital/Medical/Infectious 

Waste Incinerator (HMIWI) Units, 

Negative Declaration and Withdrawal 

of EPA Plan Approval 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve the State of 

Delaware’s negative declaration and 

request for EPA withdrawal of its 

section 111(d)/129 plan (the plan) 

approval for HMIWI units. 

DATES: This rule is effective January 31, 

2011 without further notice, unless EPA 

receives adverse written comment by 

December 30, 2010. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0771 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: wilkie.walter@epa.gov. 

C. Mail: EPA–R03–OAR–2010–0771, 

Walter K. Wilkie, Associate Director, Air 

Protection Division, Office of Air 

Monitoring and Analysis, Mailcode 

3AP40, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2010– 

0771. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

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. 


jdjones on DSK8KYBLC1PROD with RULES
73968 Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Rules and Regulations 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy 

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 and Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19903. 

FOR FURTHER INFORMATION CONTACT: 

James B. Topsale, P.E., at (215) 814– 

2190, or by e-mail at 

topsale.jim@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Delaware HMIWI plan and 

related state rule were approved by EPA 

in the April 14, 2000 edition of the 

Federal Register and codified in 40 CFR 

part 62, subpart I. (65 FR 20090). 

However, since that time, all three 

designated incinerator facilities in the 

plan inventory have been dismantled, 

according to the Delaware Department 

of Natural Resources and Environmental 

Control (DNREC). On October 6, 2009, 

EPA promulgated revised HMIWI 

emission guidelines under 40 CFR part 

60, subpart Ce, that triggered the need 

for revised state plans. As a result, on 

June 17, 2010, the DNREC requested 

EPA’s approval of its negative 

declaration and plan withdrawal 

request. The submitted negative 

declaration contains the name of each 

designated facility that was dismantled, 

and the year it was dismantled. 

II. Final Action 

EPA is approving the State of 

Delaware’s negative declaration and 

request for EPA withdrawal of its plan 

approval for HMIWI units. DNREC has 

determined that there are now no 

designated facilities, subject to subpart 

Ce requirements, in its air pollution 

control jurisdiction. EPA accepts that 

determination. Accordingly, EPA is 

amending part 62 to reflect approval of 

the DNREC June 17, 2010 negative 

declaration and request for EPA 

withdrawal of the HMIWI plan 

approval. However, if an affected 

Delaware HMIWI unit is discovered in 

the future, all the requirements of the 

Federal Plan (including revisions or 

amendments), part 62, subpart HHH, 

will be applicable to the affected unit. 

III. 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). 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 

(Pub. L. 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 requirement, and does not alter 

the relationship or the distribution of 

power and responsibilities established 

in the Clean Air Act (CAA). This rule 

also is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997), 

because it approves a state rule 

implementing a Federal standard. 

In reviewing section 111(d)/129 plan 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the CAA. 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 

111(d)/129 plan submission for failure 

to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a 111(d)/129 plan 

submission, to use VCS in place of a 

111(d)/129 plan submission that 

otherwise satisfies the provisions of the 

CAA. 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by January 31, 2011. 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 

approving the Delaware section 111(d)/ 

129 negative declaration and request for 

EPA withdrawal of the HMIWI plan 

approval may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2).) 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Aluminum, 

Fertilizers, Fluoride, Intergovernmental 

relations, Paper and paper products 

industry, Phosphate, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Sulfur acid plants, Waste 

treatment and disposal. 

Dated: November 17, 2010. 

W.C. Early, 

Acting Regional Administrator, Region III. 

■ 40 CFR part 62 is amended as follows: 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Rules and Regulations 73969 

PART 62—[AMENDED] 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

Subpart I—Delaware 

■ 2. Section 62.1975 is amended by 

revising the section heading, 

designating the existing paragraph as (a) 

and adding paragraph (b) to read as 

follows: 

§ 62.1975 Identification of plan—negative 

declaration. 

* * * * * 

(b) On June 17, 2010, the Delaware 

Department of Natural Resources and 

Environmental Control submitted a 

negative declaration and request for 

withdrawal of EPA’s plan approval 

under paragraph (a) of this section. 

§ 62.1976 [Removed] 

■ 3. Section 62.1976 is removed. 

■ 4. Section 62.1977 is revised to read 

as follows: 

§ 62.1977 Effective date. 

The effective date of the negative 

declaration and EPA withdrawal of the 

plan approval is January 31, 2011. 

[FR Doc. 2010–30102 Filed 11–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R04–OAR–2010–0614–201055; FRL– 

9234–2] 

Approval and Promulgation of 

Implementation Plans; Extension of 

Attainment Date for the Atlanta, GA 

1997 8-Hour Ozone Moderate 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve a request from the State of 

Georgia, through the Georgia 

Department of Natural Resources’ 

Environmental Protection Division 

(EPD), to grant a one-year extension of 

the attainment date for the 1997 8-hour 

ozone national ambient air quality 

standards (NAAQS) for the Atlanta, 

Georgia Area (hereafter referred to as the 

‘‘Atlanta Area’’). This request was sent to 

EPA via letter from EPD on June 9, 2010. 

The Atlanta Area consists of Barrow, 

Bartow, Carroll, Cherokee, Clayton, 

Cobb, Coweta, DeKalb, Douglas, Fayette, 

Forsyth, Fulton, Gwinnett, Hall, Henry, 

Newton, Paulding, Rockdale, Spalding, 

and Walton Counties in Georgia. In 

today’s action, EPA is finalizing a 

determination that the State of Georgia 

has met the Clean Air Act (CAA or Act) 

requirements to obtain a one-year 

extension to its attainment date for the 

1997 8-hour ozone NAAQS for the 

Atlanta Area. As a result, EPA is 

approving a one-year extension of the 

1997 8-hour ozone moderate attainment 

date for the Atlanta Area. Specifically, 

EPA (through this final action) is 

extending the Atlanta Area’s attainment 

date from June 15, 2010, to June 15, 

2011. 

DATES: Effective Date: This rule will be 

effective December 30, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2010–0614. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information 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 http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person 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 Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jane Spann or Ms. Sara Waterson, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number for Ms. Spann is 

(404) 562–9029. Ms. Spann can also be 

reached via electronic mail at 

spann.jane@epa.gov. The telephone 

number for Ms. Waterson is (404) 562– 

9061. Ms. Waterson can also be reached 

via electronic mail at 

waterson.sara@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Today’s Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Detailed background information and 

rationale for today’s final action can be 

found in EPA’s proposed rule entitled 

‘‘Approval and Promulgation of 

Implementation Plans; Extension of 

Attainment Date for the Atlanta, GA 

1997 8–Hour Ozone Moderate 

Nonattainment Area,’’ 75 FR 56943 

(September 17, 2010). The comment 

period for EPA’s proposed action closed 

on October 18, 2010. EPA did not 

receive any comments, adverse or 

otherwise, on its proposed action to 

extend the attainment date for the 

Atlanta 1997 8-hour ozone area. This 

section includes a brief summary of the 

background information and rationale 

for EPA’s approval of Georgia’s one-year 

extension request. 

Section 181(b)(2)(A) requires the 

Administrator, within six months of the 

attainment date, to determine whether 

an ozone nonattainment area attained 

the NAAQS. CAA section 181(b)(2)(A) 

states that, for areas classified as 

marginal, moderate, or serious, if the 

Administrator determines that the area 

did not attain the standard by its 

attainment date, the area must be 

reclassified to the next classification. 

However, in accordance with CAA 

Section 181(a)(5), EPA may grant up to 

2 one-year extensions of the attainment 

date under specified conditions. 

Specifically, in relevant part, Section 

181(a)(5) states: 

‘‘Upon application by any State, the 

Administrator may extend for one additional 

year (hereinafter referred to as the ‘‘Extension 

Year’’) the date specified in table 1 of 

paragraph (1) of this subsection if— 

(A) the State has complied with all 

requirements and commitments pertaining to 

the area in the applicable implementation 

plan, and 

(B) no more than 1 exceedance of the 

national ambient air quality standard level 

for ozone has occurred in the area in the year 

preceding the Extension Year. 

With regard to the first element, 

‘‘applicable implementation plan’’ is 

defined in Section 302(q) of the CAA as, 

the portion (or portions) of the 

implementation plan, or most recent 

revision thereof, which has been 

approved under Section 110, or 

promulgated under Section 110(c), or 

promulgated or approved pursuant to 

regulations promulgated under Section 

301(d) and which implements the 

relevant requirements of the CAA. 


jdjones on DSK8KYBLC1PROD with RULES