58120 Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations 

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. 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations 58121 

This SIP revision approval will add 

the current regulations found in 

Regulation 1125, section 3.0, 

Requirements for Preconstruction 

Review, Prevention of Significant 

Deterioration (Regulation 1125, section 

3.0) as of April 11, 2010 which 

established NOX as a precursor to ozone, 

but will keep intact the formally 

approved Delaware SIP increments for 

NOX found in the Federal Register 

notice for Delaware dated July 27, 1993 

(58 FR 40065) for permitting and the 

construction of new major stationary 

sources and the significant modification 

of existing major stationary sources of 

air pollutants in areas designated 

attainment or non-classifiable for the 

National Ambient Air Quality Standards 

(NAAQS). 

II. Summary of SIP Revision 

As required by 40 CFR part 51, 

Subpart I—‘‘Review of New Sources and 

Modifications,’’ this rule adopts criteria 

and procedures for the prevention of 

significant deterioration of air quality 

that are consistent with the governing 

Federal regulation at 40 CFR 51.166. 

Promulgation of this rule by the State 

Legislature was necessary for the State 

to fulfill its responsibilities under 40 

CFR part 51 and the CAA, as amended. 

Revisions to the State’s rule were also 

necessary to ensure that the SIP 

provides for the attainment and 

maintenance of the NAAQS. This SIP 

approval action addresses changes 

needed in the part C PSD permit 

program. This SIP submission also 

corrects deficiencies identified by EPA 

in the March 27, 2008 Federal Register 

action entitled, ‘‘Completeness Findings 

for section 110(a) State Implementation 

Plans for the 8-hour Ozone National 

Ambient Air Quality Standards (1997 

Ozone NAAQS)’’ (73 FR 16205). EPA’s 

approval of this SIP submission 

addresses Delaware’s compliance with 

the portion of CAA section 110(a)(2)(C) 

& (J) relating to the CAA’s part C permit 

program for the 1997 Ozone NAAQS, 

because this approval action will 

establish NOX as a precursor to ozone in 

Delaware’s SIP in accordance with the 

Federal Register action dated November 

29, 2005 (70 FR 71612) that finalized the 

NOx as a precursor for ozone regulations 

set forth at 40 CFR 51.166 and in 40 CFR 

52.21. As such, this approval action will 

add NOx as a precursor to ozone in the 

Delaware SIP and Delaware will be in 

compliance with the portion of CAA 

section 110(a)(2)(C) and (J) relating to 

the CAA’s part C permit program for the 

1997 ozone NAAQS. 

Other specific requirements of NOx as 

a precursor to ozone 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 addition of 

nitrogen oxides (NOX) as a precursor to 

ozone for PSD as a revision to the 

Delaware SIP and is making a 

determination that Delaware is in 

compliance with the portion of CAA 

section 110(a)(2)(C) and (J) relating to 

the CAA’s part C permit program for the 

1997 ozone 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 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 to add 

nitrogen oxides (NOX) as a precursor to 

ozone into the Delaware SIP 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 


sroberts on DSK5SPTVN1PROD with RULES
58122 Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations 

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 I—Delaware 

■ 2. In § 52.420, the table in paragraph 

(c) is amended by revising the entry for 

Regulation 1125, Section 3.0 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 3.0 .............. Prevention of Significant Deterioration of Air 

Quality.

4/11/10 9/20/11 [Insert page number where the 

document begins].

Modified to include NOX as precursor 

to ozone. Previous SIP-approved 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. 

* * * * * * * 

* * * * * 

[FR Doc. 2011–23984 Filed 9–19–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Chapter 2 

Defense Federal Acquisition 

Regulation Supplement; Material 

Inspection and Receiving Report 

(DFARS Case 2009–D023) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS), Appendix F, Material 

Inspection and Receiving Report, to 

incorporate new procedures for using 

the electronic Wide Area WorkFlow 

(WAWF) Receiving Report. 

DATES: Effective date: September 20, 

2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Julian Thrash, telephone 703–602–0310. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register (75 FR 56961) on 

September 17, 2010, to amend DFARS 

Appendix F, Material Inspection and 

Receiving Report, to provide new 

coverage on the use, preparation, and 

distribution of the electronic WAWF 

receiving report, which is the primary 

method for documenting acceptance of 

supplies and services and for electronic 

invoicing. The rule also addressed 

WAWF capability to provide the 

following: 

• Item Unique Identification (IUID). 

When the clause at DFARS 252.211– 

7003, Item Identification and Valuation, 

is used in the contract and requires 

reporting of IUID data, WAWF captures 

the IUID data and forwards the data to 

the IUID registry after acceptance. 

WAWF may be used to report Unique 

Item Identifiers (UIIs) at the line item 

level and also UIIs embedded at the line 

item level. 

• Radio Frequency Identification 

(RFID). When the clause at DFARS 

252.211–7006, Radio Frequency 

Identification, is used in the contract, 

WAWF will capture the RFID 

information and forward the data to the 

receiving location. 

Using WAWF is the only way a 

contractor can comply with the clause 

to furnish RFID data via an Advance 

Shipping Notice. Insertion of the new 

WAWF coverage into Appendix F 

necessitates relocating and renumbering 

existing coverage for use, preparation, 

and distribution of the DD Form 250 

Material Inspection and Receiving 

Report, and the DD Form 250–1 Tanker/ 

Barge Material Inspection and Receiving 

Report. 

II. Discussion and Analysis 

In response to the proposed rule, DoD 

received comments from five 

respondents. A discussion of the 

comments follows. 

A. Revise F–103, WAWF RR and DD 

Form 250 

Comment: Two respondents suggested 

changing the text at F–103(b)(2) for the 

transfer of Government property using 

the property transfer function. Another 

respondent recommended adding where 

training for the preparation of document 

types is available. 

Response: These recommendations 

are incorporated into the final rule. 

B. Limitation on the Quantity of 

Embedded Items in WAWF 

Comment: A respondent asked if there 

was a limit on the quantity of embedded 

items at the line item level that may be 

reported in WAWF. 

Response: A quantity limit of 100 

embedded items currently exists in the 

software capability, however, this limit 


sroberts on DSK5SPTVN1PROD with RULES