58116 Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart NN—Pennsylvania 

■ 2. In §52.2020, the table in paragraph 

(c)(1) is amended by: 

■ a. Revising entry for Section 121.1. 

■ b. Adding entry for Section 123.14 

after the existing entry for Section 

123.13(a) through (c). 

The amendments read as follows: 

§52.2020 Identification of plan. 

* * * * * 

(c) * * * 

(1) * * * 

State citation Title/subject State 

effective date EPA approval date 

Additional 

explanation/ 

§ 52.2063 citation 

Title 25—Environmental Protection 

Article III—Air Resources 

Chapter 121 General Provisions 

Section 121.1 ......... Definitions .............. 12/18/10 ........... 9/20/11 [Insert page number where the 

document begins].

Added new definitions and terms. The 

State effective date is 10/2/10. 

* * * * * * * 

Chapter 123—Standard for Contaminants 

*******

Particulate Matter Emissions 

* * * * * * * * * 

Section 123.14 ....... Outdoor wood-fired 

boilers.

10/2/10 ............. 9/20/11 [Insert page number where the 

document begins].

New section. 

*******

* * * * * 

* * * * * 

[FR Doc. 2011–24099 Filed 9–19–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0475; FRL- 9466–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia, Maryland, and Virginia; 

2002 Base Year Emission Inventory, 

Reasonable Further Progress Plan, 

Contingency Measures, Reasonably 

Available Control Measures, and 

Transportation Conformity Budgets for 

the Washington, DC 1997 8-Hour 

Moderate Ozone Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving State 

Implementation Plan (SIP) revisions 

submitted by the District of Columbia, 

the State of Maryland, and the 

Commonwealth of Virginia (the States). 

These revisions pertain to the 2002 base 

year emissions inventory, the reasonable 

further progress (RFP) plan, RFP 

contingency measure, and reasonably 

available control measure (RACM) 

requirements of the Clean Air Act (CAA) 

for the Washington, DC–MD–VA 

moderate 1997 8-hour ozone 

nonattainment area (the Washington 

Area). EPA is also approving the 2008 

transportation conformity motor vehicle 

emissions budgets (MVEBs) associated 

with this revision. EPA is approving the 

SIP revisions because they satisfy the 

emission inventory, RFP, RACM, RFP 

contingency measures, and 

transportation conformity requirements 

for areas classified as moderate 

nonattainment for the 1997 8-hour 

ozone national ambient air quality 

standard (NAAQS) and demonstrate 

further progress in reducing ozone 

precursors. This action is being taken 

under the CAA. 

DATES: Effective Date: This final rule is 

effective on October 20, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2010–0475. 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 District of Columbia. 

Department of the Environment, Air 

Quality Division, 1200 1st Street, NE., 

5th floor, Washington, DC 20002; the 

Maryland Department of the 

Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230; and the Virginia 

Department of Environmental Quality, 

629 East Main Street, Richmond, 

Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Maria A. Pino, (215) 814–2181, or by email at pino.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 30, 2011 (76 FR 38334), EPA 

published a notice of proposed 

rulemaking (NPR) for the District of 

Columbia, the State of Maryland, and 

the Commonwealth of Virginia. The 

NPR proposed approval of the 2002 base 

year emissions inventory, the RFP plan, 

RFP contingency measure, and RACM 

analysis for the Washington, DC–MD– 

VA moderate 1997 8-hour ozone 


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nonattainment area. These SIP elements 

were part of the ‘‘Plan to Improve Air 

Quality in the Washington, DC–MD–VA 

Region, State Implementation Plan (SIP) 

for 8–Hour Ozone Standard, Moderate 

Area SIP’’ (the Washington Area 8-hour 

ozone plan), which the District of 

Columbia Department of the 

Environment (DDOE), the Maryland 

Department of the Environment (MDE), 

and the Virginia Department of 

Environmental Quality (VADEQ) 

developed jointly. The Washington Area 

8-hour ozone plan was formally 

submitted to EPA as a SIP revision by 

DDOE on June 12, 2007, by MDE on 

June 4, 2007, and by VADEQ on June 12, 

2007. The NPR also proposed approval 

of the transportation conformity 2008 

MVEBs associated with this revision. 

II. Summary of SIP Revision 

The SIP revision addresses emissions 

inventory, RACM, RFP, and RFP 

contingency measures requirements for 

the 1997 8-hour ozone NAAQS for the 

Washington, DC–MD–VA 1997 8-hour 

moderate ozone nonattainment area. 

The SIP revision also establishes MVEBs 

for 2008. Other specific requirements of 

the Washington Area 8-hour ozone plan 

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. General Information Pertaining to 

SIP Submittals From the 

Commonwealth of Virginia 

In 1995, Virginia adopted legislation 

that provides, subject to certain 

conditions, for an environmental 

assessment (audit) ‘‘privilege’’ for 

voluntary compliance evaluations 

performed by a regulated entity. The 

legislation further addresses the relative 

burden of proof for parties either 

asserting the privilege or seeking 

disclosure of documents for which the 

privilege is claimed. Virginia’s 

legislation also provides, subject to 

certain conditions, for a penalty waiver 

for violations of environmental laws 

when a regulated entity discovers such 

violations pursuant to a voluntary 

compliance evaluation and voluntarily 

discloses such violations to the 

Commonwealth and takes prompt and 

appropriate measures to remedy the 

violations. Virginia’s Voluntary 

Environmental Assessment Privilege 

Law, Va. Code Sec. 10.1–1198, provides 

a privilege that protects from disclosure 

documents and information about the 

content of those documents that are the 

product of a voluntary environmental 

assessment. The Privilege Law does not 

extend to documents or information (1) 

That are generated or developed before 

the commencement of a voluntary 

environmental assessment; (2) that are 

prepared independently of the 

assessment process; (3) that demonstrate 

a clear, imminent and substantial 

danger to the public health or 

environment; or (4) that are required by 

law. 

On January 12, 1998, the 

Commonwealth of Virginia Office of the 

Attorney General provided a legal 

opinion that states that the Privilege 

law, Va. Code Sec. 10.1–1198, precludes 

granting a privilege to documents and 

information ‘‘required by law,’’ 

including documents and information 

‘‘required by Federal law to maintain 

program delegation, authorization or 

approval,’’ since Virginia must ‘‘enforce 

Federally authorized environmental 

programs in a manner that is no less 

stringent than their Federal 

counterparts.* * *’’ The opinion 

concludes that ‘‘[r]egarding § 10.1–1198, 

therefore, documents or other 

information needed for civil or criminal 

enforcement under one of these 

programs could not be privileged 

because such documents and 

information are essential to pursuing 

enforcement in a manner required by 

Federal law to maintain program 

delegation, authorization or approval.’’ 

Virginia’s Immunity law, Va. Code 

Sec. 10.1–1199, provides that ‘‘[t]o the 

extent consistent with requirements 

imposed by Federal law,’’ any person 

making a voluntary disclosure of 

information to a State agency regarding 

a violation of an environmental statute, 

regulation, permit, or administrative 

order is granted immunity from 

administrative or civil penalty. The 

Attorney General’s January 12, 1998 

opinion states that the quoted language 

renders this statute inapplicable to 

enforcement of any Federally authorized 

programs, since ‘‘no immunity could be 

afforded from administrative, civil, or 

criminal penalties because granting 

such immunity would not be consistent 

with Federal law, which is one of the 

criteria for immunity.’’ 

Therefore, EPA has determined that 

Virginia’s Privilege and Immunity 

statutes will not preclude the 

Commonwealth from enforcing its 

program consistent with the Federal 

requirements. In any event, because 

EPA has also determined that a state 

audit privilege and immunity law can 

affect only state enforcement and cannot 

have any impact on Federal 

enforcement authorities, EPA may at 

any time invoke its authority under the 

CAA, including, for example, sections 

113, 167, 205, 211 or 213, to enforce the 

requirements or prohibitions of the state 

plan, independently of any state 

enforcement effort. In addition, citizen 

enforcement under section 304 of the 

CAA is likewise unaffected by this, or 

any, state audit privilege or immunity 

law. 

III. Final Action 

EPA is approving the 2002 base year 

emissions inventory; the 2008 ozone 

projected emission inventory; the 2008 

RFP plan; RFP contingency measures; 

RACM analysis; and 2008 transportation 

conformity budgets for the Washington, 

DC–MD–VA 1997 8-hour moderate 

ozone nonattainment area, and the 

Washington Area 8-hour ozone plan, 

which were submitted to EPA as a SIP 

revision by DDOE on June 12, 2007, by 

MDE on June 4, 2007, and by VADEQ 

on June 12, 2007. The SIP revision 

satisfies the requirements for 1997 8- 

hour ozone NAAQS nonattainment 

areas classified as moderate and 

demonstrates further progress in 

reducing ozone precursors. 

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 


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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 21, 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 the 2002 base year 

emissions inventory, the 2008 ozone 

projected emission inventory, the 2008 

RFP plan; RFP contingency measures, 

RACM analysis, and 2008 transportation 

conformity budgets for the Washington, 

DC–MD–VA 1997 8-hour moderate 

ozone nonattainment area, 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, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: August 31, 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 J—District of Columbia 

■ 2. In § 52.470, the table in paragraph 

(e) is amended by adding at the end of 

the table, the entries for Reasonable 

Further Progress Plan (RFP), Reasonably 

Available Control Measures and 

Contingency Measures; 2002 Base Year 

Inventory for VOC, NOX and CO; and 

2008 RFP Transportation Conformity 

Budgets for the Washington DC–MD–VA 

1997 8-hour Ozone Moderate 

Nonattainment Area. The amendments 

read as follows: 

§ 52.470 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory 

SIP revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

Reasonable Further Progress Plan 

(RFP), Reasonably Available 

Control Measures, and Contingency Measures.

Washington DC–MD–VA 1997 8- 

hour ozone moderate nonattainment area.

6/12/07 9/20/11 [Insert page number where 

the document begins].

2002 Base Year Inventory for VOC, 

NOX, and CO.

Washington DC–MD–VA 1997 8- 

hour ozone moderate nonattainment area.

6/12/07 9/20/11 [Insert page number where 

the document begins].

2008 RFP Transportation Conformity Budgets.Washington DC–MD–VA 1997 8- 

hour ozone moderate nonattainment area.

6/12/07 9/20/11 [Insert page number where 

the document begins].

■ 3. Section 52.474 is amended by 

revising the section heading and by 

adding paragraph (d) to read as follows: 

§ 52.474 Base Year Emissions Inventory. 

* * * * * 

(d) EPA approves as a revision to the 

District of Columbia State 

Implementation Plan the 2002 base year 

emissions inventories for the 

Washington DC–MD–VA 1997 8-hour 

ozone moderate nonattainment area 

submitted by the Acting Director of the 

District of Columbia Department of the 

Environment on June 12, 2007. This 

submittal consists of the 2002 base year 

point, area, non-road mobile, and onroad mobile source inventories in area 

for the following pollutants: volatile 

organic compounds (VOC), carbon 

monoxide (CO) and nitrogen oxides 

(NOX). 

■ 4. Section 52.476 is amended by 

adding paragraphs (e) and (f) to read as 

follows: 

§ 52.476 Control strategy: ozone. 

* * * * * 

(e) EPA approves revisions to the 

District of Columbia State 

Implementation Plan consisting of the 

2008 reasonable further progress (RFP) 

plan, reasonably available control 

measures, and contingency measures for 

the Washington DC–MD–VA 1997 8- 

hour ozone moderate nonattainment 

area submitted by the Acting Director of 

the District of Columbia Department of 

the Environment on June 12, 2007. 

(f) EPA approves the following 2008 

RFP motor vehicle emissions budgets 

(MVEBs) for the Washington, DC–MD– 


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Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations 58119 

VA 1997 8-hour ozone moderate 

nonattainment area submitted by the 

Director of the Virginia Department of 

Environment Quality on June 12, 2007: 

TRANSPORTATION CONFORMITY EMISSIONS BUDGETS FOR THE WASHINGTON, DC-MD-VA AREA

Type of control strategy SIP Year VOC 

(TPD) 

NOX

(TPD) 

Effective date of adequacy determination or 

SIP approval 

Rate of Progress Plan .................................... 2008 70.8 159.8 September 21, 2009 (74 FR 45853), published September 4, 2009. 

Subpart V—Maryland 

■ 5. In § 52.1070, the table in paragraph 

(e) is amended by adding at the end of 

the table, the entries for Reasonable 

Further Progress Plan (RFP), Reasonably 

Available Control Measures and 

Contingency Measures; 2002 Base Year 

Inventory for VOC, NOX and CO; and 

2008 RFP Transportation Conformity 

Budgets for the Washington DC–MD–VA 

1997 8-hour Ozone Moderate 

Nonattainment Area. The amendments 

read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(e)* * * 

Name of non-regulatory 

SIP revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

Reasonable Further Progress Plan 

(RFP), Reasonably Available 

Control Measures, and Contingency Measures.

Washington DC-MD-VA 1997 8- 

hour ozone moderate nonattainment area.

6/12/07 9/20/11 [Insert page number where 

the document begins]..

2002 Base Year Inventory for VOC, 

NOX, and CO.

Washington DC-MD-VA 1997 8- 

hour ozone moderate nonattainment area.

6/12/07 9/20/11 [Insert page number where 

the document begins].

2008 RFP Transportation Conformity Budgets.Washington DC-MD-VA 1997 8- 

hour ozone moderate nonattainment area.

6/12/07 9/20/11 [Insert page number where 

the document begins].

■ 6. Section 52.1075 is amended by 

adding paragraph (k) to read as follows: 

§ 52.1075 Base Year Emissions Inventory. 

* * * * * 

(k) EPA approves as a revision to the 

Maryland State Implementation Plan the 

2002 base year emissions inventories for 

the Washington DC-MD-VA 1997 8-hour 

ozone moderate nonattainment area 

submitted by the Secretary of the 

Maryland Department of the 

Environment on June 4, 2007. This 

submittal consists of the 2002 base year 

point, area, non-road mobile, and onroad mobile source inventories in area 

for the following pollutants: volatile 

organic compounds (VOC), carbon 

monoxide (CO) and nitrogen oxides 

(NOX). 

■ 7. Section 52.1076 is amended by 

adding paragraphs (u) and (v) to read as 

follows: 

§ 52.1076 Control strategy plans for 

attainment and rate-of-progress: Ozone. 

* * * * * 

(u) EPA approves revisions to the 

Maryland State Implementation Plan 

consisting of the 2008 reasonable further 

progress (RFP) plan, reasonably 

available control measures, and 

contingency measures for the 

Washington DC-MD-VA 1997 8-hour 

ozone moderate nonattainment area 

submitted by the Secretary of the 

Maryland Department of the 

Environment on June 4, 2007. 

(v) EPA approves the following 2008 

RFP motor vehicle emissions budgets 

(MVEBs) for the Washington, DC-MDVA 1997 8-hour ozone moderate 

nonattainment area submitted by the 

Director of the Virginia Department of 

Environment Quality on June 12, 2007: 

TRANSPORTATION CONFORMITY EMISSIONS BUDGETS FOR THE WASHINGTON, DC-MD-VA AREA

Type of control 

strategy SIP Year VOC (TPD) 

NOX

(TPD) 

Effective date of adequacy 

determination or 

SIP approval 

Rate of Progress Plan .................................... 2008 70.8 159.8 September 21, 2009 (74 FR 45853), published September 4, 2009. 

Subpart VV—Virginia 

■ 8. In § 52.2420, the table in paragraph 

(e) is amended by adding at the end of 

the table, the entries for Reasonable 

Further Progress Plan (RFP), Reasonably 

Available Control Measures and 

Contingency Measures; 2002 Base Year 

Inventory for VOC, NOx and CO; and 

2008 RFP Transportation Conformity 

Budgets for the Washington DC-MD-VA 

1997 8-hour Ozone Moderate 

Nonattainment Area. The amendments 

read as follows: 

§ 52.2420 Identification of plan. 

* * * * * 

(e)* * * 


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Name of non-regulatory 

SIP revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

Reasonable Further Progress Plan 

(RFP), Reasonably Available 

Control Measures, and Contingency Measures.

Washington DC-MD-VA 1997 8- 

hour ozone moderate nonattainment area.

6/12/07 9/20/11 [Insert page number where 

the document begins].

2002 Base Year Inventory for VOC, 

NOx, and CO.

Washington DC-MD-VA 1997 8- 

hour ozone moderate nonattainment area.

6/12/07 9/20/11 [Insert page number where 

the document begins].

2008 RFP Transportation Conformity Budgets.Washington DC-MD-VA 1997 8- 

hour ozone moderate nonattainment area.

6/12/07 9/20/11 [Insert page number where 

the document begins].

■ 9. Section 52.2425 is amended by 

revising the section heading and by 

adding paragraph (e) to read as follows: 

§ 52.2425 Base Year Emissions Inventory. 

* * * * * 

(e) EPA approves as a revision to the 

Virginia State Implementation Plan the 

2002 base year emissions inventories for 

the Washington, DC-MD-VA 1997 8- 

hour ozone moderate nonattainment 

area submitted by the Director of the 

Virginia Department of Environment 

Quality on June 12, 2007. This submittal 

consists of the 2002 base year point, 

area, non-road mobile, and on-road 

mobile source inventories in area for the 

following pollutants: volatile organic 

compounds (VOC), carbon monoxide 

(CO) and nitrogen oxides (NOX). 

■ 10. Section 52.2428 is amended by 

adding paragraphs (f) and (g) to read as 

follows: 

§ 52.2428 Control Strategy: Carbon 

monoxide and ozone. 

* * * * * 

(f) EPA approves revisions to the 

Virginia State Implementation Plan 

consisting of the 2008 reasonable further 

progress (RFP) plan, reasonably 

available control measures, and 

contingency measures for the 

Washington, DC-MD-VA 1997 8-hour 

ozone moderate nonattainment area 

submitted by the Director of the Virginia 

Department of Environment Quality on 

June 12, 2007. 

(g) EPA approves the following 2008 

RFP motor vehicle emissions budgets 

(MVEBs) for the Washington, DC-MDVA 1997 8-hour ozone moderate 

nonattainment area submitted by the 

Director of the Virginia Department of 

Environment Quality on June 12, 2007: 

TRANSPORTATION CONFORMITY EMISSIONS BUDGETS FOR THE WASHINGTON, DC-MD-VA AREA

Type of control strategy 

SIP Year VOC (TPD) 

NOX

(TPD) 

Effective date 

of adequacy 

determination or 

SIP approval 

Rate of Progress Plan .................................... 2008 70.8 159.8 September 21, 2009 (74 FR 45853), published September 4, 2009. 

[FR Doc. 2011–23967 Filed 9–19–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0770; FRL–9466–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Requirements for 

Preconstruction Review, Prevention of 

Significant Deterioration 

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 

revision establishes and requires the 

addition of nitrogen oxides (NOX) as a 

precursor to ozone in the Delaware SIP. 

EPA is approving this revision to 

include NOX as a precursor to ozone in 

the requirements for preconstruction 

review for prevention of significant 

deterioration (PSD) areas in Delaware in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: Effective Date: This final rule is 

effective on October 20, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2010–0770. All 

documents in the docket are listed in 

the http://www.regulations.gov website. 

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: 

Sharon McCauley, (215) 814–3376, or by 

e-mail at mccauley.sharon@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this document, whenever 

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

EPA. On May 9, 2011 (76 FR 26679), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Delaware. The NPR proposed approval 

of NOX as a precursor to ozone in the 

requirements for preconstruction review 

for PSD areas in Delaware. The formal 

SIP revision was submitted by Delaware 

on April 1, 2010. 


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