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[Federal Register Volume 75, Number 239 (Tuesday, December 14, 2010)]
[Rules and Regulations]
[Pages 77758-77760]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31220]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0435; FRL-9237-9]

Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Limiting Emissions of Volatile Organic Compounds From 
Portable Fuel Containers

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to 
Delaware's State Implementation Plan (SIP). This SIP revision includes 
an amendment to Delaware's regulation for Volatile Organic Compounds 
(VOC) from Consumer and Commercial Products, Section 3.0--Portable Fuel 
Containers. This amendment will reduce VOC emissions from portable fuel 
containers, and therefore, will help Delaware attain and maintain the 
national ambient air quality standard (NAAQS) for ozone. This action is 
being taken under the Clean Air Act (CAA).

DATES: This rule is effective on February 14, 2011 without further 
notice, unless EPA receives adverse written comment by January 13, 
2011. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0435 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: powers.marilyn@epa.gov.
    C. Mail: EPA-R03-OAR-2010-0435, Marilyn Powers, Acting Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.

[[Page 77759]]

    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2010-0435. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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 in http://www.regulations.gov or in hard copy 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: Irene Shandruk, (215) 814-2166, or by 
e-mail at shandruk.irene@epa.gov.

SUPPLEMENTARY INFORMATION: On April 1, 2010, Delaware submitted to EPA 
a SIP revision concerning Delaware's regulation for reducing VOCs from 
portable fuel containers (i.e. gas cans) in Delaware (Regulation No. 
1141--Limiting Emissions of Volatile Organic Compounds from Consumer 
and Commercial Products, Section 3.0--Portable Fuel Containers).

I. Background

    Regulation No. 1141--Limiting Emissions of Volatile Organic 
Compounds from Consumer and Commercial Products, Section 3.0--Portable 
Fuel Containers is concerned specifically with the use of portable fuel 
containers and reducing refueling emissions from equipment and engines 
that are predominantly refueled with portable containers. On November 
22, 2002 (67 FR 57776), EPA approved the previous version of Section 
3.0.
    Effective January 1, 2009, the EPA began to regulate emissions from 
portable fuel containers (see, 72 FR 8428). The Federal rule provides 
more stringent emission control of portable fuel containers, and 
thereby achieves greater VOC emission reductions than the current 
Delaware regulation. Delaware, therefore, revised Regulation No. 1141 
such that it does not apply to portable fuel containers manufactured on 
and after January 1, 2009, and that Delaware instead rely on the 
Federal rule to control emissions from this source.

II. Summary of SIP Revision

    On April 1, 2010, the Delaware Department of Natural Resources and 
Environmental Control (DNREC) submitted a revision to the Delaware 
State Implementation Plan (SIP) that consists of Delaware's regulation 
for reducing volatile organic compounds (VOCs) from portable fuel 
containers (i.e. gas cans) in Delaware (Regulation No. 1141--Limiting 
Emissions of Volatile Organic Compounds from Consumer and Commercial 
Products, Section 3.0--Portable Fuel Containers). The revision to 
Regulation No. 1141 amends existing Section 3.0--Portable Fuel 
Containers. The effective date of this regulation was April 11, 2010.
    Regulation No. 1141, Section 3.0 is revised to apply to any 
portable fuel container or spout or both portable fuel container and 
spout manufactured between January 1, 2003 and December 31, 2008. It 
eliminates the applicability of Section 3.0 to portable fuel containers 
manufactured on and after January 1, 2009, and instead these portable 
fuel containers are regulated by Federal regulation (see, 72 FR 8428).

III. Final Action

    EPA is approving the Delaware SIP revision pertaining to Delaware's 
adoption of the Federal rule for portable fuel containers. This 
revision will result in greater VOC emission reductions from portable 
fuel containers, continuing to help Delaware attain and maintain NAAQS 
for ozone. EPA is publishing this rule without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comment. However, in the ``Proposed Rules'' section of 
today's Federal Register, EPA is publishing a separate document that 
will serve as the proposal to approve the SIP revision if adverse 
comments are filed. This rule will be effective on February 14, 2011 
without further notice unless EPA receives adverse comment by January 
13, 2011. If EPA receives adverse comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.

IV. Statutory and Executive Order Reviews

A. General Requirements

    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

[[Page 77760]]

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, 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by February 14, 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. This action pertaining to Delaware's portable 
fuel containers regulation 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, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: November 30, 2010.
W.C. Early,
Acting Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart I--Delaware

0
2. In Sec.  52.420, the table in paragraph (c) is amended by revising 
the entry for Regulation 1141, Section 3.0 to read as follows:

Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Delaware SIP
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                                                        State effective                           Additional
State regulation  (7 DNREC 1100)     Title/subject           date          EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
1141............................   Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial
                                                                      Products
 
                                                  * * * * * * *
Section 3.0.....................  Portable Fuel       4/11/10...........  12/14/10 [Insert
                                   Containers.                             page number where
                                                                           the document
                                                                           begins].
 
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[FR Doc. 2010-31220 Filed 12-13-10; 8:45 am]
BILLING CODE 6560-50-P
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