14736 Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Rules and Regulations 

of such rule or action. This action 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: February 12, 2009. 

George Pavlou, 

Acting Regional Administrator, Region 2. 

■ Part 52, chapter I, title 40 of the Code 

of Federal Regulations 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. 

■ 2. Section 52.1570 is amended by 

adding new paragraph (c)(86) to read as 

follows: 

§ 52.1570 Identification of plan. 

* * * * * 

(c) * * * 

(86) Revisions to the New Jersey State 

Implementation Plan (SIP) for 

particulate matter granting a variance 

from Subchapter 6, Control and 

Prohibition of Particles from 

Manufacturing Processes for the cooling 

tower at the PSEG Nuclear LLC Hope 

Creek and Salem Generating Stations 

located in Lower Alloways Creek 

Township, Salem County dated 

November 2, 2007 submitted by the 

New Jersey State Department of 

Environmental Protection (NJDEP) 

which establishes hourly emission 

limits for TSP and PM–10 (total) of less 

than or equal to 42 pounds per hour and 

annual emission limits for TSP and PM– 

10 (total) of less than or equal to 65.9 

tons per year. 

(i) Incorporation by reference: 

(A) A letter from Lisa P. Jackson, 

Commissioner, New Jersey Department 

of Environmental Protection, addressed 

to Alan J. Steinberg, Regional 

Administrator, EPA, dated November 2, 

2007 submitting the variance for PSEG 

Nuclear LLC Hope Creek and Salem 

Generating Stations without the 

attachments. 

(B) Section J, Facility Specific 

Requirements, Emission Unit U24 

Cooling Tower, (Significant 

Modification Approval date August 7, 

2007) contained in the Air Pollution 

Control Operating Permit, Significant 

Modification and Preconstruction 

Approval, PSEG Nuclear LLC Hope 

Creek and Salem Generating Stations, 

Permit Activity Number: BOP05003. 

* * * * * 

[FR Doc. E9–7179 Filed 3–31–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 112 

[EPA–HQ–OPA–2007–0584; FRL–8788–5] 

RIN 2050–AG16 

Oil Pollution Prevention; NonTransportation Related Onshore 

Facilities; Spill Prevention, Control, 

and Countermeasure Rule—Final 

Amendments 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: The Environmental Protection 

Agency (EPA) is delaying the effective 

date of the final rule that amends the 

Spill Prevention, Control, and 

Countermeasure (SPCC) regulations 

promulgated in the Federal Register on 

December 5, 2008. The amendments 

will become effective on January 14, 

2010. EPA additionally is requesting 

public comment on whether a further 

extension of the effective date may be 

warranted. 

DATES: This document is effective April 

1, 2009. The effective date of the final 

rule (FR Doc. E8–28159), published in 

the Federal Register on December 5, 

2008 (73 FR 74236), that was delayed 

until April 4, 2009 (74 FR 5900), is 

further delayed to January 14, 2010. 

Comments must be received on or 

before May 1, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OPA–2007–0584, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• Mail: EPA Docket, Environmental 

Protection Agency, Mail Code: 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. 

• Hand Delivery: EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OPA–2007– 

0584. 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. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in index at the http:// 

www.regulations.gov. Although listed in 

the index, some information may not be 

publicly available, such as Confidential 

Business Information (CBI) or other 

information the disclosure of which is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically at http:// 

www.regulations.gov or in hard copy at 

the EPA Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number of the Public Reading Room is 

202–566–1744, and the telephone 

number to make an appointment to view 

the docket is 202–566–0276. 

FOR FURTHER INFORMATION CONTACT: For 

general information, contact the 

Superfund, TRI, EPCRA, RMP, and Oil 

Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Rules and Regulations 14737 

Information Center at 800–424–9346 or 

TDD at 800–553–7672 (hearing 

impaired). In the Washington, DC 

metropolitan area, contact the 

Superfund, TRI, EPCRA, RMP, and Oil 

Information Center at 703–412–9810 or 

TDD 703–412–3323. For more detailed 

information on specific aspects of this 

final rule, contact either Vanessa E. 

Principe at 202–564–7913 

(principe.vanessa@epa.gov), or Mark W. 

Howard at 202–564–1964 

(howard.markw@epa.gov), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460–0002, Mail Code 

5104A. 

SUPPLEMENTARY INFORMATION: On 

February 3, 2009 (74 FR 5900), EPA 

delayed, by sixty days, the effective date 

of the final rule that amends the Spill 

Prevention, Control, and 

Countermeasure (SPCC) regulations that 

was promulgated in the Federal 

Register on December 5, 2008 (73 FR 

74236) under section 311 of the Clean 

Water Act. This was done in accordance 

with the January 20, 2009, White House 

memorandum entitled ‘‘Regulatory 

Review’’ (74 FR 4435, January 26, 2009) 

and the memorandum from the Office of 

Management and Budget entitled 

‘‘Implementation of Memorandum 

Concerning Regulatory Review’’ (M–09– 

08, January 21, 2009) (OMB 

memorandum). The Agency took that 

action to ensure that the rule reflects 

proper consideration of all relevant 

facts. In the February 3, 2009 notice (74 

FR 5900), EPA requested public 

comment on the extension of the 

effective date and its duration, and on 

the regulatory amendments contained in 

the final rule. The SPCC rule 

amendments clarify, tailor, and 

streamline certain existing requirements 

for those facility owners or operators 

who are required to prepare and 

implement an SPCC Plan (or ‘‘Plan’’) to 

prevent the discharge of oil into or upon 

navigable waters of the United States or 

adjoining shorelines. 

EPA received 57 comments in 

response to the February 3, 2009 notice. 

Several comments addressed the 

effective date for the December 2008 

rule amendments. Specifically, three 

commenters suggested the rule become 

effective on April 4, 2009, particularly 

for provisions related to onshore, nonoil production facilities, while one 

commenter requested that EPA finalize 

the rule expeditiously to ensure time to 

conduct outreach efforts. On the other 

hand, one commenter suggested the rule 

not become effective on April 4, 2009 

and requested that the rule be 

withdrawn permanently, or the effective 

date extended indefinitely until the 

2008 proposed amendments can be 

carefully reconsidered. Other 

commenters provided recommendations 

related to specific amendments, such as 

the optional approaches for produced 

water containers, the criteria for 

qualified oil production facilities, and 

other amendments. Consistent with the 

January 21, 2009 OMB memorandum 

‘‘Implementation of Memorandum 

Concerning Regulatory Review,’’ the 

EPA Administrator has chosen this rule 

for additional assessment of policy and 

legal issues; therefore, EPA must 

carefully consider the issues raised in 

these comments. Because EPA cannot 

adequately address the comments before 

an April 4, 2009 effective date, the 

Agency agrees with the comment in 

support of delaying the effective date. 

With this action, the Agency is 

extending the effective date of the 

December 5, 2008 SPCC amendments 

and is requesting public comment on 

whether a further extension of the 

effective date may be warranted. The 

Agency will provide a complete 

discussion of the comments received 

specific to the amendments, and its 

response to those comments, in a 

Federal Register notice describing any 

changes to the 2008 amendments. 

The effective date of the final rule 

would have been April 4, 2009. With 

this extension, the amendments will 

become effective on January 14, 2010. 

This rule is effective immediately. 

Section 553(d) of the Administrative 

Procedures Act requires 30 days notice 

before the effective date of a final rule. 

However, section 553(d)(1) allows an 

exception to the 30-day notice where a 

rule relieves a restriction. Because this 

final rule relieves a restriction, the 

Agency invokes section 553(d)(1) to 

allow an immediate effective date. 

Finally, the Agency is also reviewing 

the dates by which owners or operators 

of facilities must prepare or amend their 

SPCC Plans, and implement those Plans. 

EPA intends to address these dates in a 

separate notice. 

Statutory and Executive Order Reviews 

A. Executive Order 12866—Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under the Executive 

Order. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. This 

action results in no changes to the 

information collection requirements of 

the SPCC rule and will have no impact 

on the information collection estimate 

of project cost and hour burden 

previously submitted to OMB. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of today’s rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. After considering 

the economic impacts of today’s final 

rule on small entities, I certify that this 

action will not have a significant 

economic impact on a substantial 

number of small entities. In determining 

whether a rule has a significant 

economic impact on a substantial 

number of small entities, the impact of 

concern is any significant adverse 

economic impact on small entities, 

since the primary purpose of the 

regulatory flexibility analyses is to 

identify and address regulatory 

alternatives ‘‘which minimize any 

significant economic impact of the rule 

on small entities.’’ 5 U.S.C. 603 and 604. 

Thus, an agency may certify that a rule 

will not have a significant economic 

impact on a substantial number of small 

entities if the rule relieves regulatory 

burden, or otherwise has a positive 

economic effect on all of the small 

entities subject to the rule. 

This action is delaying the effective 

date of the final rule that amends the 

SPCC regulations promulgated in the 

Federal Register on December 5, 2008. 

We have therefore concluded that 

today’s final rule will relieve regulatory 

burden for all affected small entities. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

14738 Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Rules and Regulations 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for state, local, or tribal 

governments or the private sector. This 

action imposes no enforceable duty on 

any state, local, or tribal governments or 

the private sector. Therefore, this action 

is not subject to the requirements of 

sections 202 and 205 of the UMRA. This 

action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. This 

action only delays the effective date of 

the December 5, 2008 rule and does not 

impose any additional enforceable duty. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by state 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that have ‘‘substantial direct 

effects on the states, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government.’’ 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. This action will 

not impose direct compliance costs on 

state or local governments, and will not 

preempt state law. Thus, Executive 

Order 13132 does not apply to this 

action. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (59 FR 22951, November 9, 

2000). It will not have substantial direct 

effects on tribal governments, on the 

relationship between the Federal 

government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying to those regulatory actions that 

concern health or safety risks, such that 

the analysis required under section 5– 

501 of the Executive Order has the 

potential to influence the regulation. 

This action is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997) because it is not economically 

significant as defined in Executive 

Order 12866, and because the Agency 

does not believe the environmental 

health or safety risks addressed by this 

action presents a disproportionate risk 

to children. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA) (Pub. L. 104–113; 

section 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards (VCS) in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. VCS are 

technical standards (e.g., materials 

specifications, test methods, sampling 

procedures, and business practices) that 

are developed or adopted by VCS 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when EPA decides not to use available 

and applicable VCS. This action does 

not involve technical standards. 

Therefore, EPA did not consider the use 

of any VCS. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this action 

will not have disproportionately high 

and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. 

K. Congressional Review Act 

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. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary, or contrary to the public 

interest. This determination must be 

supported by a brief statement. 5 U.S.C. 

808(2). As stated previously, EPA has 

made such a good cause finding, 

including the reasons therefore. EPA 

will submit a report containing this rule 

and other required information to the 

United States Senate, the United States 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. This action is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Dated: March 26, 2009. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. E9–7301 Filed 3–31–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0362; FRL–8405–2] 

Quinoxyfen; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of quinoxyfen in 

or on artichoke, globe; fruit, stone, 

group 12; squash, winter; pumpkin; and 

gourd, edible. This regulation also 

deletes the established cherry, sweet;