Federal Register / Vol. 77, No. 175 / Monday, September 10, 2012 / Rules and Regulations 55419 

Subpart XX—West Virginia 

■ 2. In § 52.2520, the table in paragraph 

(e) is amended by adding entries at the 

end of the table for Section 110(a)(2) 

Infrastructure Requirements for the 2008 

Lead NAAQS to read as follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP revision 

Applicable 

geographic or 

nonattainment 

area 

State 

submittal 

date 

EPA approval date Additional explanation 

*******

Section 110(a)(2) Infrastructure Requirements for the 2008 Lead 

NAAQS.

Statewide ....... 10/26/11 .. 9/10/12 [Insert Federal Register 

page number where the document begins and date].

This action addresses the following 

CAA elements: 110(a)(2)(A), (B), 

(C), (D), (E), (F), (G), (H), (J), (K), 

(L), and (M), or portions thereof. 

[FR Doc. 2012–22084 Filed 9–7–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0376; FRL–9725–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Section 110(a)(2) 

Infrastructure Requirements for the 

2008 Lead National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Delaware. The 

SIP revision addresses the infrastructure 

elements specified in section 110(a)(2) 

of the Clean Air Act (CAA), necessary to 

implement, maintain, and enforce the 

2008 lead national ambient air quality 

standards (NAAQS). EPA is approving 

this SIP revision in accordance with the 

requirements of the CAA. 

DATES: This final rule is effective on 

October 10, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0376. 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. 

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: Rose 

Quinto, (215) 814–2182, or by email at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this document, whenever 

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

EPA. On July 3, 2012 (77 FR 39456), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Delaware. The NPR proposed approval 

of Delaware’s submittal that provides 

the basic elements specified in section 

110(a)(2) of the CAA, or portions 

thereof, necessary to implement, 

maintain, and enforce the 2008 lead 

NAAQS. 

II. Summary of SIP Revision 

On October 17, 2011, the Delaware 

Department of Natural Resources and 

Environmental Control submitted a SIP 

revision that addresses the 

infrastructure elements specified in 

section 110(a)(2) of the CAA, necessary 

to implement, maintain and enforce the 

2008 lead NAAQS. This submittal 

addressed the following infrastructure 

elements of section 110(a)(2): (A), (B), 

(C), (D), (E), (F), (G), (H), (I), (J), (K), (L), 

and (M). 

Specific requirements of section 

110(a)(2) of the CAA and the rationale 

for EPA’s proposed action to approve 

the SIP submittal are explained in the 

NPR and the technical support 

document (TSD) and will not be restated 

here. No public comments were 

received on the NPR. 

III. Final Action 

EPA is approving Delaware’s 

submittal which provides the basic 

program elements specified in section 

110(a)(2)(A), (B), (C), (D), (E), (F), (G), 

(H), (J), (K), (L), and (M) of the CAA, or 

portions thereof, necessary to 

implement, maintain, and enforce the 

2008 lead NAAQS, as a revision to the 

Delaware SIP. This action is being taken 

under section 110 of the CAA. This 

action does not include the sections, or 

portions thereof, of 110(a)(2)(C) and 

110(a)(2)(I) of the CAA which pertain to 

the nonattainment requirements of part 

D, Title I of the CAA, since these two 

elements are not required to be 

submitted by the 3-year submission 

deadline of CAA section 110(a)(1), and 

will be addressed in a separate process. 

Additionally, EPA is taking separate 

action on the portions of CAA section 

110(a)(2) infrastructure elements for the 

2008 lead NAAQS as they relate to 

Delaware’s Prevention of Significant 

Deterioration (PSD) program, as 

required by part C of Title I of the CAA 

which include the following 

infrastructure elements: CAA section 

110(a)(2)(C), (D) and (J). See 77 FR 

45527 (August 1, 2012). 

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 


wreier-aviles on DSK5TPTVN1PROD with RULES
55420 Federal Register / Vol. 77, No. 175 / Monday, September 10, 2012 / Rules and Regulations 

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 

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 November 9, 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 Delaware’s 

section 110(a)(2) infrastructure elements 

for the 2008 lead NAAQS, 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, Lead, Reporting and 

recordkeeping requirements. 

Dated: August 23, 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 

(e) is amended by adding an entry at the 

end of the table for Delaware’s Section 

110(a)(2) Infrastructure Requirements 

for the 2008 Lead NAAQS 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 

*******

Section 110(a)(2) Infrastructure 

Requirements for the 2008 Lead 

NAAQS..

Statewide .......... 10/17/12 9/10/12 [Insert Federal Register 

page number where the document begins and date].

This action addresses the following CAA elements: 

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

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

(M) or portions thereof. 

[FR Doc. 2012–22086 Filed 9–7–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 3000 

[L13100000 PP0000 LLWO310000; L1990000 

PO0000 LLWO320000] 

RIN 1004–AE29 

Minerals Management: Adjustment of 

Cost Recovery Fees 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Bureau of Land Management (BLM) 

mineral resources regulations to update 

some fees that cover the BLM’s cost of 

processing certain documents relating to 

its minerals programs and some filing 

fees for mineral-related documents. 

These updated fees include those for 

actions such as lease renewals and 

mineral patent adjudications. 

DATES: This final rule is effective 

October 1, 2012. 


wreier-aviles on DSK5TPTVN1PROD with RULES