53638 Federal Register / Vol. 76, No. 167 / Monday, August 29, 2011 / Rules and Regulations 

each person required to pay the fee 

under § 310.8(c) must first pay $56 for 

each additional area code of data not 

initially selected. To obtain access to 

additional area codes of data during the 

second six months of the annual period, 

each person required to pay the fee 

under § 310.8(c) must first pay $28 for 

each additional area code of data not 

initially selected. The payment of the 

additional fee will permit the person to 

access the additional area codes of data 

for the remainder of the annual period. 

* * * * * 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2011–21992 Filed 8–26–11; 8:45 am] 

BILLING CODE 6750–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–1027; FRL–9457–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Infrastructure State 

Implementation Plan Requirement To 

Address Interstate Transport for the 

2006 24-Hour PM2.5 NAAQS 

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 

September 16, 2009, as supplemented 

on April 27, 2011. The revision satisfies 

the Clean Air Act (CAA) infrastructure 

requirement that each State’s plan 

contain adequate provisions prohibiting 

its emissions from contributing 

significantly to nonattainment in, or 

interfering with maintenance by, any 

other state with respect to the 2006 24- 

hour fine particulate matter (PM2.5) 

national ambient air quality standards 

(NAAQS). EPA is approving this 

revision in accordance with the 

requirements of the CAA. 

DATES: Effective Date: This final rule is 

effective on September 28, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2010–1027. 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: 

Marilyn Powers, (215) 814–2308, or by 

e-mail at powers.marilyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 18, 2011 (76 FR 2853), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Delaware. The NPR proposed approval, 

and in the alternative, proposed 

disapproval of Delaware’s infrastructure 

SIP submittal intended to address 

significant contribution to 

nonattainment or interference with 

maintenance in another state with 

respect to the 2006 PM2.5 NAAQS, as 

required by section 110(a)(2)(D)(i)(I) of 

the CAA. The formal SIP revision was 

submitted by the Delaware Department 

of Natural Resources and Environmental 

Control (DNREC) on September 16, 

2009. As discussed in EPA’s January 18, 

2011 NPR (76 FR 2853), DNREC 

supplemented its September 16, 2009 

submittal with a technical analysis 

submitted to EPA for parallel-processing 

on December 9, 2010. Since the time of 

EPA’s January 18, 2011 NPR, DNREC 

took the supplemental technical 

analysis, for which it has requested 

parallel-processing, through the public 

notice and hearing procedures required 

for SIP revisions by section 110 of the 

CAA. On April 27, 2011, DNREC 

submitted the technical analysis to EPA 

as a formal supplement to its September 

16, 2009 submittal. The technical 

analysis submitted on April 27, 2011 is 

exactly the same as the technical 

analysis for which DNREC requested 

parallel-processing on December 9, 

2010, and which was included in the 

rulemaking docket (EPA–R03–OAR– 

2010–1027) for EPA’s January 18, 2011 

NPR (76 FR 2853). 

This final action addresses only those 

portions of Delaware’s September 16, 

2009 submittal that address the 

110(a)(2)(D)(i)(I) requirements relating 

to significant contribution to 

nonattainment or interference with 

maintenance in another state with 

respect to the 2006 PM2.5 NAAQS. EPA 

has taken separate action on certain 

other portions of Delaware’s September 

16, 2009 submittal. (See Docket ID No. 

EPA–R03–OAR–2010–0158.) 

II. EPA’s Evaluation of the SIP Revision 

In the January 18, 2011 NPR (76 FR 

2853), EPA proposed to approve, and in 

the alternative, proposed to disapprove 

Delaware’s SIP revision to address 

significant contribution to 

nonattainment or interference with 

maintenance in another state with 

respect to the 2006 PM2.5 NAAQS. The 

NPR explained that if in the course of 

reviewing and preparing responses to 

the comments submitted on the 

proposed ‘‘Federal Implementation 

Plans to Reduce Interstate Transport of 

Fine Particulate Matter and Ozone’’ (75 

FR 45210, August 2, 2010, also known 

as the Transport Rule), EPA’s additional 

modeling and the adjustments made to 

its technical analyses indicate that the 

State of Delaware should not be subject 

to or covered by the final Transport 

Rule, EPA would take final action to 

approve DNREC’s SIP. Alternatively, if 

in the course of reviewing and preparing 

responses to the comments submitted 

on the proposed Transport Rule, EPA’s 

additional modeling and the 

adjustments made to its technical 

analyses indicate that the State of 

Delaware should be subject to and 

covered by the final Transport Rule, 

EPA would to take final action to 

disapprove Delaware’s SIP revision for 

infrastructure element 110(a)(2)(D)(i)(I) 

for the 2006 PM2.5 NAAQS. The full 

explanation and rationale for EPA’s 

proposed action is discussed in the NPR 

and will not be restated here. 

On July 6, 2011, EPA promulgated the 

Transport Rule, now referred to as the 

‘‘Cross-State Air Pollution Rule’’ 

(CSAPR). EPA’s review of the comments 

submitted on the proposed Transport 

Rule and the additional modeling and 

adjustments made to the technical 

analyses for the final CSAPR indicate 

that the State of Delaware is meeting its 

obligations to address the requirements 

of CAA section 110(a)(2)(D)(i)(I). EPA 

has, therefore, determined that Delaware 

is not subject to or covered by the 

CSAPR. For additional information on 

the final CSAPR, including the technical 

support documents and the rationale for 

EPA’s final determination that Delaware 

does not significantly contribute to any 

other state’s ability to attain or maintain 

the 2006 PM2.5 NAAQS, please see 

Docket ID No. EPA–HQ–OAR–2009– 

0491 for the Federal Implementation 


Emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 76, No. 167 / Monday, August 29, 2011 / Rules and Regulations 53639 

Plan to Reduce Interstate Transport of 

Fine Particulate Matter and Ozone. 

III. Final Action 

EPA is approving Delaware’s 

September 16, 2009 SIP revision as 

supplemented on April 27, 2011. This 

SIP revision satisfies the CAA 

infrastructure requirement that each SIP 

contain adequate provisions prohibiting 

emissions within the State from 

contributing significantly to 

nonattainment in, or interfere with 

maintenance by, any other state with 

respect to the 2006 24-hour fine 

particulate matter (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); 

• 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 October 28, 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 

approving Delaware’s infrastructure SIP 

to address the requirements of CAA 

section 110(a)(2)(D)(i)(I) for the 2006 

PM2.5 NAAQS may not 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. 

Dated: August 11, 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 

Infrastructure element 110(a)(2)(D)(i)(I) 

related to interstate transport 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 

*******

Infrastructure element 110(a)(2)(D)(i)(I) related to interstate transport.Statewide .............. 9/16/09; 4/27/11 .... 8/29/11 [Insert page number 

where the document begins].


Emcdonald on DSK2BSOYB1PROD with RULES
53640 Federal Register / Vol. 76, No. 167 / Monday, August 29, 2011 / Rules and Regulations 

[FR Doc. 2011–21935 Filed 8–26–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0412; FRL–9455–3] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) portion of the California 

State Implementation Plan (SIP). These 

revisions were proposed in the Federal 

Register on June 24, 2011 and concern 

oxides of nitrogen (NOx) and particulate 

matter (PM) emissions from glass 

melting furnaces. We are approving a 

local rule that regulates these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: Effective Date: This rule is 

effective on September 28, 2011. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2011–0412 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps, multivolume reports), and some may not be 

available in either location (e.g., 

confidential business information 

(CBI)). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Idalia Perez, EPA Region IX, (415) 972– 

3248, perez.idalia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On June 24, 2011 (76 FR 37044), EPA 

proposed to approve the following rule 

into the California SIP. 

Local agency Rule No. Rule title Amended Submitted 

SJVUAPCD ............... 4354 Glass Melting Furnaces ........................................................... 09/16/10 04/05/11 

We proposed to approve this rule 

because we determined that it complies 

with the relevant CAA requirements. 

Our proposed action contains more 

information on the rule and our 

evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received no comments. 

III. EPA Action 

No comments were submitted that 

change our assessment that the 

submitted rule complies with the 

relevant CAA requirements. Therefore, 

as authorized in section 110(k)(3) of the 

Act, EPA is fully approving this rule 

into the California SIP. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act 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 Clean Air Act. 

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 Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, 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. 

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). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 


Emcdonald on DSK2BSOYB1PROD with RULES