Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Rules and Regulations 42557 

EPA APPROVED LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Name of SIP provision Applicable geographic or 

nonattainment area 

State submittal 

date/effective 

date 

EPA approval date Explanation 

* * * * * * * 

Infrastructure for the 1997 

Ozone and 1997 PM2.5

NAAQS.

Statewide ......................... 12/11/2007 

1/7/2008 

3/24/2011 

7/19/2011, [Insert FR page 

number where document begins].

Approval for CAA sections 

110(a)(2)(A), (B), (C), (D)(ii), 

(E), (F), (G), (H), (J), (K), (L), 

and (M). 

[FR Doc. 2011–18061 Filed 7–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0289; FRL–9440–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Regional Haze State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the 

Delaware Regional Haze Plan, a revision 

to the Delaware State Implementation 

Plan (SIP) addressing Clean Air Act 

(CAA) requirements and EPA’s rules for 

states to prevent and remedy future and 

existing anthropogenic impairment of 

visibility in mandatory Class I areas 

through a regional haze program. EPA is 

also approving this revision since it 

meets the requirements of 

110(a)(2)(D)(i)(II) and 110(a)(2)(J), 

relating to visibility protection for the 

1997 8-Hour Ozone National Ambient 

Air Quality Standard (NAAQS) and the 

1997 and 2006 fine particulate matter 

(PM2.5) NAAQS. 

DATES: Effective Date: This final rule is 

effective on August 18, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0289. All 

documents in the docket are listed in 

the http://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. 

Publicly available docket materials are 

available either electronically through 

http://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: 

Jacqueline Lewis, (215) 814–2037, or by 

e-mail at lewis.jacqueline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this document, whenever 

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

EPA. On May 13, 2011, (76 FR 27973) 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Delaware. The NPR proposed approval 

of Delaware’s regional haze plan for the 

first implementation period, through 

2018. EPA proposed to approve this 

revision since it assures reasonable 

progress toward the national goal of 

achieving natural visibility conditions 

in Class I areas for the first 

implementation period. This revision 

also meets the requirements of 

110(a)(2)(D)(i)(II) and 110(a)(2)(J), 

relating to visibility protection for the 

1997 8-Hour Ozone NAAQS and the 

1997 and PM2.5 NAAQS. An explanation 

of the CAA’s visibility requirements and 

EPA regional haze rule as they apply to 

Delaware and EPA’s rationale for 

approving this SIP revision was 

provided in the NPR and will not be 

restated here. 

II. Summary of SIP Revision 

The revision includes a long term 

strategy with enforceable measures 

ensuring reasonable progress towards 

meeting the reasonable progress goals 

for the first planning period, through 

2018. Delaware’s Regional Haze Plan 

contains the emission reductions 

needed to achieve Delaware’s share of 

emission reductions agreed upon 

through the regional planning process. 

Other specific requirements of the CAA 

and EPA’s Regional Haze Rule 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 a revision to the 

Delaware State Implementation Plan 

submitted by the State of Delaware, 

through the Delaware Department of 

Natural Resources and Environmental 

Control, on September 25, 2008, that 

addresses regional haze for the first 

implementation period. EPA is making 

a determination that the Delaware 

Regional Haze SIP contains the emission 

reductions needed to achieve 

Delaware’s share of emission reductions 

agreed upon through the regional 

planning process. Furthermore, 

Delaware’s Regional Haze Plan ensures 

that emissions from the State will not 

interfere with the reasonable progress 

goals for neighboring states’ Class I 

areas. In addition, EPA is approving this 

revision because it meets the applicable 

visibility related requirements of the 

CAA section 110(a)(2) including, but not 

limited to 110(a)(2)(D)(i)(II) and 

110(a)(2)(J), relating to visibility 

protection for the 1997 8-Hour Ozone 

NAAQS and the 1997 and 2006 PM2.5

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); 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
42558 Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Rules and Regulations 

• 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 

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 September 19, 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. This action 

pertaining to Delaware’s Regional Haze 

Plan for the first implementation period, 

through 2018 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, Nitrogen dioxide, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: June 27, 2011. 

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 

(e) is amended by adding the entry for 

Regional Haze Plan at the end of the 

table to read as follows: 

§ 52.420 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP revision Applicable geographic or 

nonattainment area 

State 

submittal 

date 

EPA approval date Additional 

explanation 

* * * * * * * 

Regional Haze Plan ......................... Statewide ......................................... 9/25/08 7/19/11 [Insert page number where 

the document begins].

[FR Doc. 2011–17867 Filed 7–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0287; FRL–9439–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Control of Nitrogen 

Oxides Emissions from Portland 

Cement Kilns 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania. The SIP revisions pertain 

to the control of nitrogen oxides (NOX) 

emissions from Portland cement kilns. 

EPA is approving these revisions to 

reduce emissions from Portland cement 

kilns in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: Effective Date: This final rule is 

effective on August 18, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0287. All 

documents in the docket are listed in 

the http://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. 

Publicly available docket materials are 

available either electronically through 

http://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 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1