Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Rules and Regulations 60053 

assessment is not required because this 

rule will not deny any private property 

owner of beneficial uses of their land, 

nor will it significantly reduce their 

land’s value. No taking of personal 

property will occur as a result of this 

rule. 

Federalism (Executive Order 13132) 

Under the criteria in section 1 of 

Executive Order 13132, this rule does 

not have sufficient federalism 

implications to warrant the preparation 

of a Federalism summary impact 

statement. A Federalism summary 

impact statement is not required. 

Civil Justice Reform (Executive Order 

12988) 

This rule complies with the 

requirements of Executive Order 12988. 

Specifically this rule: 

(a) Meets the in the criteria of section 

3(a) requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity and be written to minimize 

litigation; and 

(b) meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

Consultation With Indian Tribes 

(Executive Order 13175 and Department 

Policy) 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Indian 

tribes through a commitment to 

consultation with Indian tribes and 

recognition of their right to selfgovernance and tribal sovereignty. We 

have evaluated this rule under the 

Department’s consultation policy and 

under the criteria in Executive Order 

13175 and have determined that it has 

no substantial direct effects on federally 

recognized Indian tribes and that 

consultation under the Department’s 

tribal consultation policy is not 

required. 

Affiliated Native American tribes 

were contacted by letters sent in 

December 2008 to solicit any interests or 

concerns with the proposed action. No 

responses were received by the Park. 

Paperwork Reduction Act (PRA) 

This rule does not contain 

information collection requirements, 

and a submission under the PRA is not 

required. 

National Environmental Policy Act 

(NEPA) 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. A 

detailed statement under the NEPA is 

not required because we reached a 

FONSI. The Plan/EA and FONSI that 

included an evaluation of bicycling on 

the Hope Camp Trail may be viewed 

online at http://www.nps.gov/sagu/

parkmgmt/park-planning.htm. 

Effects on the Energy Supply (Executive 

Order 13211) 

This rule is not a significant energy 

action under the definition in Executive 

Order 13211. A statement of Energy 

Effects is not required. 

Drafting Information 

The primary authors of this regulation 

are Robert Love, Chief Ranger, Saguaro 

National Park, Darla Sidles, 

Superintendent, Saguaro National Park, 

John Calhoun and A.J. North, NPS 

Regulations Program, Washington, DC. 

List of Subjects in 36 CFR Part 7 

National Parks, Reporting and 

recordkeeping requirements. 

In consideration of the foregoing, the 

NPS amends 36 CFR part 7 as set forth 

below: 

PART 7—SPECIAL REGULATIONS, 

AREAS OF THE NATIONAL PARK 

SYSTEM 

■ 1. The authority citation for Part 7 

continues to read as follows: 

Authority: 16 U.S.C. 1, 3, 9a, 462(k); Sec. 

7.96 also issued under 36 U.S.C. 501–511, 

D.C. Code 10–137 (2001) and D.C. Code 50– 

2201 (2001). 

■ 2. Revise § 7.11(a) to read as follows: 

§ 7.11 Saguaro National Park. 

(a) Bicycling. (1) The following trails 

are designated as routes for bicycle use: 

(i) That portion of the Cactus Forest 

Trail inside the Cactus Forest Drive; and 

(ii) The Hope Camp Trail, from the 

Loma Alta Trailhead east to the Arizona 

State Trust Lands boundary, located 

approximately .2 miles beyond Hope 

Camp. 

(2) The Superintendent may open or 

close designated routes, or portions 

thereof, or impose conditions or 

restrictions for bicycle use after taking 

into consideration public health and 

safety, natural and cultural resource 

protection, and other management 

activities and objectives. 

(i) The Superintendent will provide 

public notice of all such actions through 

one or more of the methods listed in 

§ 1.7 of this chapter. 

(ii) Violating a closure, condition, or 

restriction is prohibited. 

* * * * * 

Dated: September 25, 2012. 

Rachel Jacobson, 

Principal Deputy Assistant Secretary for Fish 

and Wildlife and Parks. 

[FR Doc. 2012–24231 Filed 10–1–12; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0381; FRL– 9735–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Requirements for 

Prevention of Significant Deterioration 

and Nonattainment New Source 

Review; Fine Particulate Matter (PM2.5) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Delaware on 

March 14, 2012. This SIP revision 

pertaining to Delaware’s Prevention of 

Significant Deterioration (PSD) and 

nonattainment New Source Review 

(NSR) programs incorporates 

preconstruction permitting 

requirements for fine particulate matter 

(PM2.5) into the Delaware SIP. In 

addition, EPA is approving SIP 

revisions and portions of SIP 

submissions for the purpose of 

determining that Delaware has met its 

statutory obligations with respect to the 

infrastructure requirements of the Clean 

Air Act (CAA) which relate to 

Delaware’s PSD permitting program and 

are necessary to implement, maintain, 

and enforce the 1997 national ambient 

air quality standards (NAAQS) for PM2.5

and ozone, the 2006 PM2.5 NAAQS, and 

the 2008 lead NAAQS. EPA is 

approving these revisions in accordance 

with the requirements of the Clean Air 

Act (CAA). 

DATES: This final rule is effective on 

November 1, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0381. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

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. 


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60054 Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Rules and Regulations 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov 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 and Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19903. 

FOR FURTHER INFORMATION CONTACT: 

Gerallyn Duke, (215) 814–2084, or by 

email at duke.gerallyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this document, whenever 

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

EPA. On August 1, 2012 (77 FR 45527), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Delaware. The NPR proposed approval 

of a SIP revision pertaining to 

Delaware’s Prevention of Significant 

Deterioration (PSD) and nonattainment 

New Source Review (NSR) programs 

which incorporates preconstruction 

permitting requirements for fine 

particulate matter (PM2.5) into the 

Delaware SIP. In addition, EPA 

proposed approval of SIP revisions and 

portions of SIP submissions for the 

purpose of determining that Delaware 

has met its statutory obligations with 

respect to the infrastructure 

requirements of the Clean Air Act (CAA) 

which relate to Delaware’s PSD 

permitting program and are necessary to 

implement, maintain, and enforce the 

1997 PM2.5 and ozone NAAQS, the 2006 

PM2.5 NAAQS, and the 2008 lead 

NAAQS. The formal SIP revision was 

submitted by Delaware on March 14, 

2012. 

The purpose of this SIP revision is to 

incorporate the PSD and nonattainment 

preconstruction permitting 

requirements for PM2.5 that are set forth 

in two Federal rules. The first is the 

‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter less than 2.5 Micrometers 

(PM2.5)’’ (NSR PM2.5 Rule), which was 

promulgated on May 16, 2008 (73 FR 

28321). The second is the ‘‘Prevention 

of Significant Deterioration (PSD) for 

Particulate Matter less than 2.5 

Micrometers (PM2.5)—Increments, 

Significant Impact Levels (SILs) and 

Significant Monitoring Concentration 

(SMC)’’ (PSD PM2.5 Rule), which was 

promulgated on October 20, 2010 (75 FR 

64864). 

II. Summary of SIP Revision 

The SIP revision consists of 

amendments to sections 1.0, 2.0, and 3.0 

of 7 DE Admin. Code 1125, 

‘‘Requirements for Preconstruction 

Review.’’ The amendments establish the 

major source threshold, significant 

emission rate and offset ratios for PM2.5, 

establish NOX and SO2 as precursors to 

PM2.5, and establish the allowance for 

interpollutant trading for offsets and 

NSR applicability to PM2.5 precursor 

pollutants, pursuant to the May 2008 

NSR PM2.5 Rule. In addition, the 

amendments add maximum allowable 

ambient pollutant concentrations 

(increments), an SMC for PM2.5 pursuant 

to the October 2010 PSD PM2.5 Rule, and 

SILs. As discussed in the NPR, we do 

not consider the SILs to be a mandatory 

SIP element, and in light of litigation 

before the U.S. Court of Appeals (D.C. 

Circuit), we are taking no action at this 

time with regard to new section 3.9 of 

DE Admin. Code 1125, ‘‘Source Impact 

Analysis.’’ 

Other specific requirements of the 

regulations 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. 

III. Final Action 

EPA is approving the March 14, 2012 

SIP submission pertaining to Delaware’s 

PSD and nonattainment NSR programs 

to incorporate the preconstruction 

permitting requirements for PM2.5 as a 

revision to the Delaware SIP, with the 

exception for the portion of the SIP 

submission concerning the 

implementation of SILs for PM2.5. 

Additionally, in light of this SIP 

revision, EPA is approving the portions 

of Delaware’s December 13, 2007, March 

12, 2008, September 19, 2008, 

September 16, 2009, and April 1, 2010 

infrastructure SIP submittals which 

address the obligations set forth at CAA 

section 110(a)(2)(D)(i)(II) relating to 

Delaware’s PSD permit program for the 

1997 PM2.5 and ozone NAAQS as well 

as for the 2006 PM2.5 NAAQS. Finally, 

in light of Delaware’s submission dated 

October 17, 2011 and the March 2012 

SIP revision which address the 

obligations set forth at CAA sections 

110(a)(2)(C), (D)(i)(II) and (J) relating to 

the Delaware’s PSD permit program, 

EPA has determined that Delaware’s SIP 

meets the statutory obligations relating 

to its PSD permit program set forth at 

CAA sections 110(a)(2)(C), (D)(i)(II), and 

(J) for the 2008 lead NAAQS. 

IV. 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.); 

• 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 

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 


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Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Rules and Regulations 60055 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 3, 2012. 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. This action 

pertaining to NSR requirements for 

PM2.5 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, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

Dated: September 18, 2012. 

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 entries 

for Regulation 1125, sections 1.0, 2.0, 

and 3.0 in numerical order, 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 

*******

1125 Requirements for Preconstruction Review 

Section 1.0 ................................ General Provisions .................. 2/11/12 10/2/12 [Insert page number where the document 

begins].

Added 4 terms, Revised 5 

terms. Note: In section 1.9, 

the previous SIP-approved 

baseline dates for sulfur dioxide, particulate matter, 

and nitrogen dioxide in the 

definition of ‘‘Baseline Date’’ 

remain part of the SIP. 

Section 2.0 ................................ Emission Offset Provisions 

(EOP).

2/11/12 10/2/12 [Insert page number where the document 

begins].

Added Section 2.2.5, 2.4.3.3 

and 2.5.7 

Section 3.0 ................................ Prevention of Significant Deterioration of Air Quality.2/11/12 10/2/12 [Insert page number where the document 

begins].

Revised Section 3.2 and 

3.7.7.1. Note: Previous SIPapproved revisions to Section 3.1 for nitrogen dioxide 

increments and Section 3.9A 

(now designated as Section 

3.10.1) for air quality models 

remain part of the SIP. 

* * * * * * * 


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* * * * * 

[FR Doc. 2012–24095 Filed 10–1–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Administration 

49 CFR Part 173 

Shippers—General Requirements for 

Shipments and Packagings 

CFR Correction 

In Title 49 of the Code of Federal 

Regulations, Parts 100 to 177, revised as 

of October 1, 2011, make the following 

corrections: 

■ 1. In § 173.133, on page 539, 

paragraph (e) is redesignated as (c) and 

revised to read as follows: 

§ 173.133 Assignment of packing group 

and hazard zones for Division 6.1 materials. 

* * * * * 

(c) Transitional provisions. The 

criteria for packing group assignments 

in effect on December 31, 2006, may 

continue to be used until January 1, 

2012. 

■ 2. In § 173.134, on page 543, the 

second paragraph (c) is removed and 

(c)(2) is revised to read as follows: 

§ 173.134 Class 6, Division 6.2— 

Definitions and exceptions. 

* * * * * 

(c) * * * 

* * * * * 

(2) The following materials may be 

offered for transportation and 

transported as a regulated medical waste 

when packaged in a rigid non-bulk 

packaging conforming to the general 

packaging requirements of §§ 173.24 

and 173.24a and packaging 

requirements specified in 29 CFR 

1910.1030 and transported by a private 

or contract carrier in a vehicle used 

exclusively to transport regulated 

medical waste: 

(i) Waste stock or culture of a 

Category B infectious substance; 

(ii) Plant and animal waste regulated 

by the Animal and Plant Health 

Inspection Service (APHIS); 

(iii) Waste pharmaceutical materials; 

(iv) Laboratory and recyclable wastes; 

(v) Infectious substances that have 

been treated to eliminate or neutralize 

pathogens; 

(vi) Forensic materials being 

transported for final destruction; 

(vii) Rejected or recalled health care 

products; 

(viii) Documents intended for 

destruction in accordance with the 

Health Insurance Portability and 

Accountability Act of 1996 (HIPAA) 

requirements; and 

(ix) Medical or clinical equipment 

and laboratory products provided they 

are properly packaged and secured 

against exposure or contamination. 

Sharps containers must be securely 

closed to prevent leaks or punctures. 

* * * * * 

[FR Doc. 2012–24294 Filed 9–28–12; 11:15 am] 

BILLING CODE 1505–01–D 


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