58462 Federal Register / Vol. 78, No. 185 / Tuesday, September 24, 2013 / Rules and Regulations 

1EPA’s Technical Support Document for this 

proposal stated incorrectly that Rule 508 had 

previously been approved into the SIP on May 18, 

1981 at 46 FR 27115. See U.S. EPA, Region IX, 

Technical Support Document for EPA’s Notice of 

Proposed Rulemaking for the California SIP, Placer 

County Air Pollution Control District, Rule 502 

(New Source Review), May 6, 2011, at 1. The 

correct cite and date for this previous SIP action is 

47 FR 29536 (July 7, 1982). 

February 7, 2012). This action 

incorporates the submitted rules into 

the PCAPCD and FRAQMD portions of 

the California SIP and makes them 

federally enforceable. 

We are also making a technical 

amendment to 40 CFR 52.220 to remove 

a previous SIP rule, PCAPCD Rule 508, 

from the PCAPCD portion of the 

California SIP, consistent with EPA’s 

final rule at 76 FR 44809 (July 27, 2011). 

As explained in the proposal for this 

2011 rulemaking, both EPA and the 

District had intended for Rule 502 to 

replace the preexisting NSR program in 

Rule 508, which EPA had approved into 

the SIP in 1982. See 76 FR 28945 (May 

19, 2011).1 In the regulatory text 

codifying this final action, however, 

EPA incorporated Rule 502 into the SIP 

but neglected to remove Rule 508. See 

76 FR at 44811. We are making a 

technical amendment to 40 CFR 52.220 

to correct this error by removing Rule 

508 from the PCAPCD portion of the 

California SIP. This technical 

amendment makes no change to the 

substance of our July 27, 2011 final 

action or to today’s final limited 

approval and limited disapproval of 

amended PCAPCD Rule 502 and 

FRAQMD Rule 10.1. 

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, in part, and does not 

impose additional requirements beyond 

those imposed by State law. For that 

reason, this final 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 final 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. 

List of Subjects in 40 CFR Part 52 

Air pollution control, Environmental 

protection, Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: June 28, 2013. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

■ Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(52)(xiii)(G), 

(c)(80)(i)(G), (c)(416)(i)(C) and 

(c)(423)(i)(F) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(52) * * * 

(xiii) * * * 

(G) Previously approved on July 7, 

1982 in paragraph (c)(52)(xiii)(C) of this 

section and now deleted without 

replacement: Rule 508. 

* * * * * 

(80) * * * 

(i) * * * 

(G) Previously approved on June 23, 

1982 in paragraph (c)(80)(i)(E) of this 

section and now deleted without 

replacement: Rule 508. 

* * * * * 

(416) New and amended regulations 

were submitted on November 18, 2011, 

by the Governor’s Designee. 

(i) Incorporation by Reference. 

(C) Placer County Air Pollution 

Control District. 

(1) Rule 502, ‘‘New Source Review,’’ 

as amended on October 13, 2011. 

* * * * * 

(423) New and amended regulations 

were submitted on September 21, 2012, 

by the Governor’s Designee. 

(i) Incorporation by Reference. 

(F) Feather River Air Quality 

Management District. 

(1) Rule 10.1, ‘‘New Source Review,’’ 

as amended on February 6, 2012. 

* * * * * 

[FR Doc. 2013–23096 Filed 9–23–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0451; FRL–9901– 

22Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

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 Commonwealth of 

Virginia pursuant to the Clean Air Act 

(CAA). Whenever new or revised 


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Federal Register / Vol. 78, No. 185 / Tuesday, September 24, 2013 / Rules and Regulations 58463 

national ambient air quality standards 

(NAAQS) are promulgated, the CAA 

requires states to submit a plan for the 

implementation, maintenance, and 

enforcement of such NAAQS. The plan 

is required to address basic program 

elements, including, but not limited to 

regulatory structure, monitoring, 

modeling, legal authority, and adequate 

resources necessary to assure attainment 

and maintenance of the standards. 

These elements are referred to as 

infrastructure requirements. Virginia 

has made a submittal addressing the 

infrastructure requirements for the 2008 

lead (Pb) NAAQS. 

DATES: This final rule is effective on 

October 24, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0451. All 

documents in the docket are listed on 

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 Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Schmitt, (215) 814–5787, or by 

email at schmitt.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Summary of SIP Revision 

On June 11, 2013 (78 FR 34970), EPA 

published a notice of proposed 

rulemaking action (NPR) for the 

Commonwealth of Virginia proposing 

approval of Virginia’s March 9, 2012 

submittal to satisfy several requirements 

of section 110(a)(2) of the CAA for the 

2008 Pb NAAQS. The NPR proposed 

approval of the following infrastructure 

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

(C) (for enforcement and regulation of 

minor sources), (D)(i)(I), (D)(i)(II) (for the 

visibility protection portion), (D)(ii), 

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

and (M), or portions thereof necessary to 

implement, maintain, and enforce the 

2008 Pb NAAQS. EPA is taking separate 

action on the portions of section 

110(a)(2)(C), (D)(i)(II), and (J) as they 

relate to Virginia’s prevention of 

significant deterioration (PSD) program 

and section 110(a)(2)(E)(ii) as it relates 

to section 128 (State Boards). Virginia 

did not submit section 110(a)(2)(I) 

which pertains to the nonattainment 

requirements of part D, Title I of the 

CAA, since this element is not required 

to be submitted by the 3-year 

submission deadline of section 

110(a)(1), and will be addressed in a 

separate process. 

The rationale supporting EPA’s 

proposed action, including the scope of 

infrastructure SIPs in general, is 

explained in the NPR and the technical 

support document (TSD) accompanying 

the NPR and will not be restated here. 

The TSD is available online at 

www.regulations.gov, Docket ID Number 

EPA–R03–OAR–2012–0451. No 

comments were received on the NPR. 

II. 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 

that: (1) Are generated or developed 

before the commencement of a 

voluntary environmental assessment; (2) 

are prepared independently of the 

assessment process; (3) demonstrate a 

clear, imminent and substantial danger 

to the public health or environment; or 

(4) 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 following 

section 110(a)(2) elements of Virginia’s 

March 9, 2012 SIP revision: (A), (B), (C) 

(for enforcement and regulation of 

minor sources), (D)(i)(I), (D)(i)(II) (for the 

visibility protection portion), (D)(ii), 

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


tkelley on DSK3SPTVN1PROD with RULES
58464 Federal Register / Vol. 78, No. 185 / Tuesday, September 24, 2013 / Rules and Regulations 

and (M), or portions thereof. EPA is 

taking separate action on the portions of 

section 110(a)(2)(C), (D)(i)(II), and (J) as 

they relate to Virginia’s PSD program 

and section 110(a)(2)(E)(ii) as it relates 

to section 128 (State Boards). This 

action does not include section 

110(a)(2)(I) which pertains to the 

nonattainment requirements of part D, 

Title I of the CAA, since this element is 

not required to be submitted by the 3- 

year submission deadline of section 

110(a)(1), and will be addressed in a 

separate process. 

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); 

• Udoes 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 25, 2013. 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, which satisfies certain 

infrastructure requirements of section 

110(a)(2) for the 2008 Pb NAAQS for the 

Commonwealth of Virginia, 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 29, 2013, 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart VV—Virginia 

■ 2. In § 52.2420, the table in paragraph 

(e) is amended by adding the entry at 

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

Infrastructure Requirements for the 2008 

Lead NAAQS. The amendment reads as 

follows: 

§ 52.2420 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP 

revision 

Applicable 

geographic 

area 

State 

submittal 

date 

EPA approval date Additional explanation 

*******

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

2008 Lead NAAQS.

Statewide .... 3/9/12 9/24/13 [Insert Federal 

Register page number 

where the document begins and date].

This action addresses the following CAA elements or 

portions thereof: 110(a)(2)(A), (B), (C) (for enforcement and regulation of minor sources), (D)(i)(I), 

(D)(i)(II) (for the visibility protection portion), (D)(ii), 

(E)(i), (E)(iii), (F), (G), (H), (J), (K), (L), and (M). 


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Federal Register / Vol. 78, No. 185 / Tuesday, September 24, 2013 / Rules and Regulations 58465 

[FR Doc. 2013–22974 Filed 9–23–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[DE104–1103; FRL–9900–05–Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Update to Materials 

Incorporated by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; administrative 

change. 

SUMMARY: EPA is updating the materials 

that are incorporated by reference (IBR) 

into the Delaware State Implementation 

Plan (SIP). The regulations affected by 

this update have been previously 

submitted by the Delaware Department 

of Natural Resources and Environmental 

Control (DNREC) and approved by EPA. 

This update affects the SIP materials 

that are available for public inspection 

at the National Archives and Records 

Administration (NARA), the Air and 

Radiation Docket and Information 

Center located at EPA Headquarters in 

Washington, DC, and the EPA Regional 

Office. 

DATES: This action is effective 

September 24, 2013. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103; the 

Air and Radiation Docket and 

Information Center, U.S. Environmental 

Protection Agency, 1301 Constitution 

Avenue NW., Room Number 3334, EPA 

West Building, Washington, DC 20460; 

or the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/

federal_register/code_of_federal_

regulations/ibr_locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Sharon McCauley, (215) 814–3376 or by 

email at mccauley.sharon@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The SIP is a living document which 

a state revises as necessary to address its 

unique air pollution problems. 

Therefore, EPA, from time to time, must 

take action on SIP revisions containing 

new and/or revised regulations as being 

part of the SIP. On May 22, 1997 (62 FR 

27968), EPA revised the procedures for 

incorporating by reference Federallyapproved SIPs, as a result of 

consultations between EPA and the 

Office of the Federal Register (OFR). The 

description of the revised SIP 

document, IBR procedures and 

‘‘Identification of plan’’ format are 

discussed in further detail in the May 

22, 1997 Federal Register document. On 

December 7, 1998 (63 FR 67407), EPA 

published a document in the Federal 

Register beginning the new IBR 

procedure for Delaware. On June 21, 

2004 (69 FR 34285), April 3, 2007 (72 

FR 15839), April 17, 2009 (74 FR 

17771), and May 2, 2011 (76 FR 24372), 

EPA published updates to the IBR 

material for Delaware. 

Since the publication of the last IBR 

update, EPA has approved the following 

regulatory changes to the following 

Delaware regulations: 

A. Added Regulations 

1. 7 DNREC regulation 1141 (Limiting 

Emissions of Volatile Organic 

Compounds from Consumer and 

Commercial Products), section 4.0 

(Adhesives and Sealants). 

2. 29 Del C. chapter 58 (Laws 

Regulating the Conduct of Officers and 

Employees of the State), sections 5804, 

5805 (part), 5806 (part), 5812, 5813 

(part), 5813A (part), and 5815 (part). 

B. Revised Regulations 

1. 7 DNREC regulation 1102 (Permits), 

appendix A. 

2. 7 DNREC regulation 1124 (Control 

of Volatile Organic Compound 

Emissions), sections 2.0 (Definitions), 

8.0 (Handling, Storage, and Disposal of 

Volatile Organic Compounds (VOCs)), 

12.0 (Surface Coating of Plastic Parts), 

13.0 (Automobile and Light-Duty Truck 

Coating Operations), 16.0 (Paper 

Coating), 19.0 (Coating of Metal 

Furniture), 20.0 (Coating of Large 

Appliances), 22.0 (Coating of 

Miscellaneous Metal Parts), 23.0 

(Coating of Flat Wood Panelling), 37.0 

(Graphic Arts Systems), 45.0 (Industrial 

Cleaning Solvents), and 47.0 (Offset 

Lithographic Printing and Letterpress 

Printing). 

3. 7 DNREC regulation 1125 

(Requirements for Preconstruction 

Review), sections 1.0 through Section 

3.0. 

4. 7 DNREC regulation 1142 (Specific 

Emission Control Requirements), 

section 2.0 (Control of NOX Emissions 

from Industrial Boilers and Process 

Heaters at Petroleum Refineries). 

II. EPA Action 

In this action, EPA is announcing the 

update to the IBR material as of July 1, 

2013. EPA is also correcting 

typographical errors and omissions 

found in the following table entries of 

paragraph 52.420(c): 7 DNREC 

regulation 1124, sections 8.0, 23.0, and 

37.0. 

EPA has determined that today’s rule 

falls under the ‘‘good cause’’ exemption 

in section 553(b)(3)(B) of the 

Administrative Procedures Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation and section 

553(d)(3) which allows an agency to 

make a rule effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s rule simply codifies 

provisions which are already in effect as 

a matter of law in Federal and approved 

State programs. Under section 553 of the 

APA, an agency may find good cause 

where procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the codification 

only reflects existing law. Immediate 

notice in the CFR benefits the public by 

removing outdated citations and 

incorrect table entries. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the Clean Air Act (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 


tkelley on DSK3SPTVN1PROD with RULES