19472 Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R10–OAR–2009–0111; FRL–8898–8] 

Outer Continental Shelf Air 

Regulations Consistency Update for 

Alaska 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule-reopening of 

comment period. 

SUMMARY: On March 3, 2009, EPA 

proposed the rulemaking ‘‘Outer 

Continental Shelf Air Regulations 

Consistency Update for Alaska’’. The 

original comment period closed on 

April 2, 2009. In this notice, we are 

announcing a 14-day reopening of the 

public comment period for the proposal. 

DATES: Written comments must be 

received on or before May 13, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R10–OAR–2009–0111, by one of the 

following methods: 

A. Federal eRulemaking Portal: 

http://www.regulations.gov: Follow the 

on-line instructions for submitting 

comments; 

B. E-Mail: greaves.natasha@epa.gov; 

C. Mail: Natasha Greaves, Federal and 

Delegated Air Programs Unit, U.S. 

Environmental Protection Agency, 

Region 10, 1200 Sixth Avenue, Suite 

900, Mail Stop: AWT–107, Seattle, WA 

98101; 

D. Hand Delivery: U.S. Environmental 

Protection Agency Region 10, Attn: 

Natasha Greaves (AWT–107), 1200 Sixth 

Avenue, Seattle, Washington 98101, 9th 

Floor. Such deliveries are only accepted 

during normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2009– 

0111. 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, 

e.g., 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 

Office of Air, Waste and Toxics, U.S. 

Environmental Protection Agency, 

Region 10, 1200 Sixth Avenue, Seattle, 

Washington 98101. 

FOR FURTHER INFORMATION CONTACT: 

Natasha Greaves, Federal and Delegated 

Air Programs Unit, Office of Air, Waste, 

and Toxics, U.S. Environmental 

Protection Agency, Region 10, 1200 

Sixth Avenue, Suite 900, Mail Stop: 

AWT–107, Seattle, WA 98101; 

telephone number: (206) 553–7079; email address: greaves.natasha@epa.gov. 

SUPPLEMENTARY INFORMATION: On March 

3, 2009 we solicited public comment on 

a proposal to update a portion of the 

Outer Continental Shelf (‘‘OCS’’) Air 

Regulations. Requirements applying to 

OCS sources located within 25 miles of 

States’ seaward boundaries must be 

updated periodically to remain 

consistent with the requirements of the 

corresponding onshore area (‘‘COA’’), as 

mandated by section 328(a)(1) of the 

Clean Air Act (‘‘the Act’’). The portion 

of the OCS air regulations that is being 

updated pertains to the requirements for 

OCS sources in the State of Alaska. The 

intended effect of approving the OCS 

requirements for the State of Alaska is 

to regulate emissions from OCS sources 

in accordance with the requirements 

onshore. The change to the existing 

requirements discussed below is 

proposed to be incorporated by 

reference into the Code of Federal 

Regulations and is listed in the 

appendix to the OCS air regulations. See 

74 FR 9180. In the proposal, we stated 

that EPA would accept public 

comments on the proposal until April 2, 

2009. 

During the public comment period 

that ended on April 2, 2009, the North 

Slope Borough asked for an extension of 

the public comment period. In light of 

the North Slope Borough’s interest in 

this proposal, we are extending the 

public comment period to May 13, 2009, 

to provide additional time for interested 

parties to submit written comments. All 

written comments received by May 13, 

2009, will be considered in our final 

action. 

List of Subjects in 40 CFR Part 55 

Environmental protection, 

Administrative practice and procedures, 

Air pollution control, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Nitrogen oxides, Outer 

Continental Shelf, Ozone, Particulate 

matter, Permits, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

Dated: April 20, 2009. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

[FR Doc. E9–9836 Filed 4–28–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R03–OAR–2009–0238; FRL–8896–1] 

Outer Continental Shelf Air 

Regulations Consistency Update for 

Delaware 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule-consistency 

update. 

SUMMARY: EPA is proposing to update a 

portion of the Outer Continental Shelf 

(OCS) Air Regulations. Requirements 

applying to OCS sources located within 

25 miles of a State’s seaward boundary 

must be updated periodically to 

maintain continuity and ensure 

consistency with the regulations of the 

corresponding onshore area (COA), as 

mandated by section 328(a)(1) of the 

Clean Air Act (CAA). The specific 

portion of the regulations that are being 

updated pertains to the requirements for 


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1The Notice of Proposed Rulemaking, December 

5, 1991 (56 FR 63774), and the preamble to the final 

rule promulgated September 4, 1992 (57 FR 40792) 

provide further background and information on the 

OCS regulations. 

2Each COA which has been delegated the 

authority to implement and enforce part 55, will 

Continued 

OCS sources in the State of Delaware 

(Delaware). The intended effect of 

approving the OCS regulations for 

Delaware is to regulate air emissions 

from OCS sources in accordance with 

the requirements onshore. The change 

to the existing requirements discussed 

below is proposed to be incorporated by 

reference into the Code of Federal 

Regulations and is listed in the 

appendix to the OCS air regulations. 

DATES: Written comments must be 

received on or before May 29, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2009–0238 by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: caprio.amy@epa.gov. 

3. Mail: EPA–R03–OAR–2009–0238, 

Amy Caprio, Permits and Technical 

Assessment Branch, Mailcode 3AP11, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

4. Hand Delivery or Courier: 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. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2009– 

0238. 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 through http:// 

www.regulations.gov, or e-mail, 

information that you consider to be CBI 

or otherwise protected. 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 at 

Air Protection Division, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

FOR FURTHER INFORMATION CONTACT: 

Amy Caprio, (215) 814–2156 or by email at caprio.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background and Purpose 

II. EPA’s Evaluation 

III. Proposed Action 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

On September 4, 1992, EPA 

promulgated 40 CFR part 55,1 which 

established requirements to control air 

pollution from OCS sources, in order to 

attain and maintain Federal and State 

ambient air quality standards and to 

comply with the provisions of part C of 

title I of the CAA. Part 55 applies to all 

OCS sources offshore of the States, 

except those located in the Gulf of 

Mexico west of 87.5 degrees longitude. 

Section 328 of the CAA requires that for 

such sources located within 25 miles of 

a State’s seaward boundary, the 

requirements shall be the same as would 

be applicable if the sources were located 

in the COA. Because the OCS 

regulations are based on those onshore 

regulations, and onshore requirements 

may from time-to-time change, section 

328(a)(1) requires that EPA update the 

OCS requirements as necessary to 

maintain consistency with onshore 

regulations. 

Pursuant to 40 CFR 55.12(b), where an 

OCS activity is occurring within 25 

miles of a State seaward boundary, 

consistency reviews will occur: (1) At 

least annually; (2) upon receipt of a 

Notice of Intent under § 55.4; or (3) 

when a State or local agency submits a 

rule to EPA to be considered for 

incorporation by reference in part 55. 

This proposed action is being taken to 

update 40 CFR part 55 as necessary to 

maintain consistency with the 

regulations of Delaware, in order to 

attain and maintain Federal and State 

ambient standards and comply with part 

C of title I of the CAA. 40 CFR 55.12(a). 

Public comments received in writing 

within 30 days of publication of this 

document will be considered by EPA 

before publishing a final rule. 

Section 328(a) of the CAA requires 

that EPA establish requirements to 

control air pollution from OCS sources 

located within 25 miles of a State’s 

seaward boundary that are the same as 

would be applicable if the source were 

located in the corresponding onshore 

area. To comply with this statutory 

mandate, EPA must incorporate 

applicable onshore rules into part 55 as 

they exist onshore and as they relate to 

protection of ambient standards. This 

prevents EPA from making substantive 

changes to the requirements it 

incorporates. As a result, EPA may be 

incorporating rules into part 55 that do 

not conform to all of EPA’s State 

implementation plan (SIP) guidance or 

certain requirements of the CAA. 

Inclusion in the OCS rule does not 

imply that a rule meets the requirements 

of the CAA for SIP approval, nor does 

it imply that the rule will be approved 

by EPA for inclusion in the SIP. 

II. EPA’s Evaluation 

In the process of revising or updating 

40 CFR part 55, EPA first conducted a 

review of Delaware’s rules for inclusion 

into part 55 to ensure that those State 

rules: (1) Are rationally related to the 

attainment or maintenance of Federal or 

State ambient air quality standards or 

part C of title I of the CAA; (2) are not 

designed or used for the purpose of 

preventing exploration and 

development of the OCS; and (3) are 

applicable to OCS sources. 40 CFR 55.1. 

EPA has also evaluated the rules to 

ensure they are not arbitrary or 

capricious. 40 CFR 55.12(e). In addition, 

EPA has excluded administrative or 

procedural rules,2 and requirements that 


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use its administrative and procedural rules as 

onshore. However, in those instances where EPA 

has not delegated authority to implement and 

enforce part 55, as in Delaware, EPA will use its 

own administrative and procedural requirements to 

implement the substantive requirements. See 40 

CFR 55.14(c)(4). 

regulate toxics which are not rationally 

related to the attainment and 

maintenance of Federal and State 

ambient air quality standards. EPA is 

soliciting public comments on the 

issues discussed in this document or on 

other relevant matters. These comments 

will be considered before taking final 

action. Interested parties may 

participate in the Federal rulemaking 

procedure by submitting written 

comments to the EPA Region III Office 

listed in the ADDRESSES section of this 

Federal Register. 

III. Proposed Action 

EPA is proposing to incorporate the 

rules applicable to sources for which the 

State of Delaware will be the COA. The 

rules that EPA proposes to incorporate 

are applicable provisions of Title 7 of 

the Delaware Administrative Code, 

specifically, Air Quality Management 

Section 1100. The rules EPA proposes to 

incorporate are listed in detail at the 

end of the document. 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735 (October 4, 1993)), the Agency 

must determine whether the regulatory 

action is ‘‘significant’’ and therefore 

subject to Office of Management and 

Budget (OMB) review and the 

requirements of the Executive Order. 

The Order defines ‘‘significant 

regulatory action’’ as one that is likely 

to result in a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 and is therefore 

not subject to OMB Review. These rules 

implement requirements specifically 

and explicitly set forth by the Congress 

in section 328 of the Clean Air Act, 

without the exercise of any policy 

discretion by EPA. These OCS rules 

already apply in the COA, and EPA has 

no evidence to suggest that these OCS 

rules have created an adverse material 

effect. As required by section 328 of the 

Clean Air Act, this action simply 

updates the existing OCS requirements 

to make them consistent with rules in 

the COA. 

B. Paperwork Reduction Act 

The OMB has approved the 

information collection requirements 

contained in 40 CFR part 55, and by 

extension this update to the rules, under 

the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq. 

and has assigned OMB control number 

2060–0249. Notice of OMB’s approval of 

EPA Information Collection Request 

(ICR) No. 1601.07 was published in the 

Federal Register on February 17, 2009 

(74 FR 7432). The approval expires 

January 31, 2012. As EPA previously 

indicated (73 FR 66037 (November 6, 

2008)), the annual public reporting and 

recordkeeping burden for collection of 

information under 40 CFR part 55 is 

estimated to average 112 hours per 

response. Burden means the total time, 

effort, or financial resources expended 

by persons to generate, maintain, retain, 

or disclose or provide information to or 

for a Federal agency. This includes the 

time needed to review instructions; 

develop, acquire, install, and utilize 

technology and systems for the purposes 

of collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR part 9 and are 

identified on the form and/or 

instrument, if applicable. In addition, 

EPA is amending the table in 40 CFR 

part 9 of currently approved OMB 

control numbers for various regulations 

to list the regulatory citations for the 

information requirements contained in 

this final rule. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to conduct 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements 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 not-for-profit enterprises, and 

small governmental jurisdictions. 

These rules will not have a significant 

economic impact on a substantial 

number of small entities. These rules 

implement requirements specifically 

and explicitly set forth by the Congress 

in section 328 of the Clean Air Act, 

without the exercise of any policy 

discretion by EPA. These OCS rules 

already apply in the COA, and EPA has 

no evidence to suggest that these OCS 

rules have had a significant economic 

impact on a substantial number of small 

entities. As required by section 328 of 

the Clean Air Act, this action simply 

updates the existing OCS requirements 

to make them consistent with rules in 

the COA. Therefore, this action will not 

have a significant economic impact on 

a substantial number of small entities. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and tribal governments and the private 

sector. Under section 202 of the UMRA, 

EPA generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may 

result in expenditures to State, local, 

and tribal governments, in the aggregate, 

or to the private sector, of $100 million 

of more in any one year. 

Before promulgating an EPA rule for 

which a written statement is needed, 

section 205 of the UMRA generally 

requires EPA to identify and consider a 

reasonable number of regulatory 

alternatives and adopt the least costly, 

most cost-effective or least burdensome 

alternative that achieves the objectives 

of the rule. The provisions of section 

205 do not apply when they are 

inconsistent with applicable law. 

Moreover, section 205 allows EPA to 

adopt an alternative other than the least 

costly, most cost-effective or least 

burdensome alternative if the 

Administrator publishes with the final 

rule an explanation why that alternative 

was not adopted. 


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Before EPA establishes any regulatory 

requirements that may significantly or 

uniquely affect small governments, 

including tribal governments, it must 

have developed under section 203 of the 

UMRA a small government agency plan. 

The plan must provide for notifying 

potentially affected small governments, 

enabling officials of affected small 

governments to have meaningful and 

timely input in the development of EPA 

regulatory proposals with significant 

Federal intergovernmental mandates, 

and informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

This document contains no Federal 

mandates (under the regulatory 

provisions of Title II of the UMRA) for 

State, local, or tribal governments or the 

private sector that may result in 

expenditures of $100 million or more 

for State, local, or tribal governments, in 

the aggregate, or to the private sector in 

any one year. This action would 

implement requirements specifically 

and explicitly set forth by the Congress 

in section 328 of the Clean Air Act 

without the exercise of any policy 

discretion by EPA. The OCS rules 

already apply in the COA, and EPA has 

no evidence to suggest that applying 

them in the OCS would result in 

expenditures to State, local, and tribal 

governments, in the aggregate, or to the 

private sector, of $100 million or more 

in any one year. As required by section 

328 of the Clean Air Act, this action 

simply updates the existing OCS 

requirements to make them consistent 

with rules in the COA. 

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 proposed rule 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. These rules 

implement requirements specifically 

and explicitly set forth by the Congress 

in section 328 of the Clean Air Act, 

without the exercise of any policy 

discretion by EPA. As required by 

section 328 of the Clean Air Act, this 

rule simply updates the existing OCS 

rules to make them consistent with 

current COA requirements. These rules 

do not amend the existing provisions 

within 40 CFR part 55 enabling 

delegation of OCS regulations to a COA, 

and this rule does not require the COA 

to implement the OCS rules. Thus, 

Executive Order 13132 does not apply 

to this rule. 

In the spirit of Executive Order 13132, 

and consistent with EPA policy to 

promote communications between EPA 

and State and local governments, EPA 

specifically solicits comments on this 

proposed rule from State and local 

officials. 

F. Executive Order 13175, Coordination 

With Indian Tribal Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This rule does not have 

a substantial direct effect on one or 

more Indian tribes, 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 

and thus does not have ‘‘tribal 

implications,’’ within the meaning of 

Executive Order 13175. This rule 

implements requirements specifically 

and explicitly set forth by the Congress 

in section 328 of the Clean Air Act, 

without the exercise of any policy 

discretion by EPA. As required by 

section 328 of the Clean Air Act, this 

rule simply updates the existing OCS 

rules to make them consistent with 

current COA requirements. In addition, 

this rule does not impose substantial 

direct compliance costs tribal 

governments, nor preempt tribal law. 

Consultation with Indian tribes is 

therefore not required under Executive 

Order 13175. Nonetheless, in the spirit 

of Executive Order 13175 and consistent 

with EPA policy to promote 

communications between EPA and 

tribes, EPA specifically solicits 

comments on this proposed rule from 

tribal officials. 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

Executive Order 13045: ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885 

(April 23, 1997)), applies to any rule 

that: (1) is determined to be 

‘‘economically significant’’ as defined 

under Executive Order 12866, and (2) 

concerns an environmental health or 

safety risk that EPA has reason to 

believe may have a disproportionate 

effect on children. If the regulatory 

action meets both criteria, the Agency 

must evaluate the environmental health 

or safety effects of the planned rule on 

children, and explain why the planned 

regulation is preferable to other 

potentially effective and reasonably 

feasible alternatives considered by the 

Agency. 

This proposed rule is not subject to 

Executive Order 13045 because it is not 

economically significant as defined in 

Executive Order 12866. In addition, the 

Agency does not have reason to believe 

the environmental health or safety risks 

addressed by this action present a 

disproportional risk to children. 

H. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposed rule 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), Public Law 104– 

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

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable laws or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. The NTTAA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decided 

not to use available and applicable 

voluntary consensus standards. 

As discussed above, these rules 

implement requirements specifically 

and explicitly set forth by the Congress 

in section 328 of the Clean Air Act, 


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without the exercise of any policy 

discretion by EPA. As required by 

section 328 of the Clean Air Act, this 

rule simply updates the existing OCS 

rules to make them consistent with 

current COA requirements. In the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards and in light of the fact that 

EPA is required to make the OCS rules 

consistent with current COA 

requirements, it would be inconsistent 

with applicable law for EPA to use 

voluntary consensus standards in this 

action. Therefore, EPA is not 

considering the use of any voluntary 

consensus standards. EPA welcomes 

comments on this aspect of the 

proposed rulemaking and, specifically, 

invites the public to identify 

potentially-applicable voluntary 

consensus standards and to explain why 

such standards should be used in this 

regulation. 

J. Executive Order 12898: Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations. 

Executive Order 12898 (59 FR 7629 

(Feb. 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 

lacks the discretionary authority to 

address environmental justice in this 

proposed action. This rule implements 

requirements specifically and explicitly 

set forth by the Congress in section 328 

of the Clean Air Act, without the 

exercise of any policy discretion by 

EPA. As required by section 328 of the 

Clean Air Act, this rule simply updates 

the existing OCS rules to make them 

consistent with current COA 

requirements. 

Although EPA lacks authority to 

modify today’s regulatory decision on 

the basis of environmental justice 

considerations, EPA nevertheless 

explored this issue and found the 

following. This action, namely, 

updating the OCS rules to make them 

consistent with current COA 

requirements, will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it increases the level of 

environmental protection for all affected 

populations without having any 

disproportionately high and adverse 

human health or environmental effects 

on any population, including any 

minority or low-income population. 

Environmental justice considerations 

may be appropriate to consider in the 

context of a specific OCS permit 

application. 

List of Subjects in 40 CFR Part 55 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Continental Shelf, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: April 15, 2009. 

William C. Early, 

Acting Regional Administrator, Region III. 

Title 40, chapter I of the Code of 

Federal Regulations, is proposed to be 

amended as follows: 

PART 55—[AMENDED] 

1. The authority citation for part 55 

continues to read as follows: 

Authority: Section 328 of the Act (42 

U.S.C. 7401, et seq.) as amended by Public 

Law 101–549. 

2. Section 55.14 is amended as 

follows: 

a. By adding paragraph (d)(5), 

b. By revising paragraph (e) 

introductory text, and 

c. By adding paragraph (e)(5). 

§ 55.14 Requirements that apply to OCS 

sources located within 25 miles of States’ 

seaward boundaries, by State. 

* * * * * 

(d) * * * 

(5) Delaware. 

(i) 40 CFR part 52, subpart I. 

(ii) [Reserved] 

* * * * * 

(e) State and local requirements. State 

and local requirements promulgated by 

EPA as applicable to OCS sources 

located within 25 miles of States’ 

seaward boundaries have been compiled 

into separate documents organized by 

State and local areas of jurisdiction. 

These documents, set forth below, are 

incorporated by reference. This 

incorporation by reference was 

approved by the Director of the Federal 

Register Office in accordance with 5 

U.S.C. 552(a) and 1 CFR part 51. Copies 

may be inspected at 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. Copies of rules 

pertaining to particular States or local 

areas may be inspected or obtained from 

the EPA Air Docket (A–91–76), U.S. 

EPA, room M–1500, 401 M St., SW., 

Washington DC 20460 or the 

appropriate EPA regional offices: U.S. 

EPA, Region I (Massachusetts) One 

Congress Street, Boston, MA 02114– 

2023; U.S. EPA, Region III (Delaware) 

1650 Arch Street, Philadelphia, PA 

19103; U.S. EPA, Region 4 (Florida and 

North Carolina), 61 Forsyth Street, 

Atlanta, GA 30303; U.S. EPA, Region 9 

(California), 75 Hawthorne Street, San 

Francisco, CA 94105; and U.S. EPA, 

Region 10 (Alaska), 1200 Sixth Avenue, 

Seattle, WA 98101, For an informational 

listing of the State and local 

requirements incorporated into this 

part, which are applicable to sources of 

air pollution located on the OCS, see 

appendix A to this part. 

* * * * * 

(5) Delaware. 

(i) State requirements. 

(A) State of Delaware Requirements 

Applicable to OCS Sources, December 

19, 2008. 

(B) [Reserved] 

(ii) Local requirements. 

(A) [Reserved] 

* * * * * 

3. Appendix A to part 55 is amended 

by adding an entry for Delaware in 

alphabetical order to read as follows: 

Appendix A to Part 55—Listing of State 

and Local Requirements Incorporated 

by Reference Into Part 55, By State 

* * * * * 

Delaware 

(a) State requirements. 

(1) The following State of Delaware 

requirements are applicable to OCS Sources, 

December 19, 2008, State of Delaware— 

Department of Natural Resources and 

Environmental Control. The following 

sections of 7 DE Admin. Code 1100—Air 

Quality Management Section: 

7 DE Admin. Code 1101: Definitions and 

Administrative Principals 

Section 1.0: General Provisions (Effective 02/ 

01/1981) 

Section 2.0: Definitions (Effective 09/11/ 

1999) 

Section 3.0: Administrative Principles (02/ 

01/1981) 

Section 4.0: Abbreviations (Effective 02/01/ 

1981) 

7 DE Admin. Code 1102: Permits 

Section 1.0: General Provisions (Effective 06/ 

11/2006) 

Section 2.0: Applicability (Effective 06/11/ 

2006) 


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Section 3.0: Application/Registration 

Prepared by Interested Party (Effective 06/ 

01/1997) 

Section 4.0: Cancellation of Construction 

Permits (Effective 06/01/1997) 

Section 5.0: Action on Applications 

(Effective 06/01/1997) 

Section 6.0: Denial, Suspension or 

Revocation of Operating Permits (Effective 

06/11/2006) 

Section 7.0: Transfer of Permit/Registration 

Prohibited (Effective 06/01/1997) 

Section 8.0: Availability of Permit/ 

Registration (Effective 06/01/1997) 

Section 9.0: Registration Submittal (Effective 

06/01/1997) 

Section 10.0: Source Category Permit 

Application (Effective 06/01/1997) 

Section 11.0: Permit Application (Effective 

06/11/2006) 

Section 12.0: Public Participation (Effective 

06/11/2006) 

Section 13.0: Department Records (Effective 

06/01/1997) 

Section 1102: Appendix A (Effective 06/11/ 

2006) 

7 DE Admin. Code 1103: Ambient Air 

Quality Standards 

Section 1.0: General Provisions (Effective 09/ 

11/1999) 

Section 2.0: General Restrictions (Effective 

02/01/1981) 

Section 3.0: Suspended Particulates 

(Effective 02/01/1981) 

Section 4.0: Sulfur Dioxide (Effective 02/01/ 

1981) 

Section 5.0: Carbon Monoxide (Effective 02/ 

01/1981) 

Section 6.0: Ozone (Effective 09/11/1999) 

Section 7.0: Hydrocarbons (Effective 02/01/ 

1981) 

Section 8.0: Nitrogen Dioxide (Effective 02/ 

01/1981) 

Section 9.0: Hydrogen Sulfide (Effective 02/ 

01/1981) 

Section 10.0: Lead (Effective 02/01/1981) 

Section 11.0: PM10 and PM2.5 Particulates 

(Effective 2/11/2003) 

7 DE Admin. Code 1104: Particulate 

Emissions from Fuel Burning Equipment 

Section 1.0: General Provisions (Effective 02/ 

01/1981) 

Section 2.0: Emission Limits (Effective 02/01/ 

1981) 

7 DE Admin. Code 1105: Particulate 

Emissions from Industrial Process Operations 

Section 1.0: General Provisions (Effective 02/ 

01/1981) 

Section 2.0: General Restrictions (Effective 

02/01/1981) 

Section 3.0: Restrictions on Hot Mix Asphalt 

Batching Operations (Effective 02/01/1981) 

Section 4.0: Restrictions on Secondary Metal 

Operations (Effective 02/01/1981) 

Section 5.0: Restrictions on Petroleum 

Refining Operations (Effective 02/01/1981) 

Section 6.0: Restrictions on Prill Tower 

Operations (Effective 02/01/1981) 

Section 7.0: Control of Potentially Hazardous 

Particulate Matter (Effective 02/01/1981) 

7 DE Admin. Code 1106: Particulate 

Emissions From Construction and Materials 

Handling 

Section 1.0: General Provisions (Effective 02/ 

01/1981) 

Section 2.0: Demolition (Effective 02/01/ 

1981) 

Section 3.0: Grading, Land Clearing, 

Excavation and Use of Non-Paved Roads 

(Effective 02/01/1981) 

Section 4.0: Material Movement (Effective 

02/01/1981) 

Section 5.0: Sandblasting (Effective 02/01/ 

1981) 

Section 6.0: Material Storage (Effective 02/ 

01/1981) 

7 DE Admin. Code 1107: Emissions From 

Incineration of Noninfectious Waste 

Section 1.0: General Provisions (Effective 10/ 

13/1989) 

Section 2.0: Restrictions (Effective 10/13/ 

1989) 

7 DE Admin. Code 1108: Sulfur Dioxide 

Emissions From Fuel Burning Equipment 

Section 1.0: General Provisions (Effective 12/ 

08/1983) 

Section 2.0: Limit on Sulfur Content of Fuel 

(Effective 05/09/1985) 

Section 3.0: Emission Control in Lieu of 

Sulfur Content Limits of 2.0 of This 

Regulation (Effective 05/09/1985) 

7 DE Admin. Code 1109: Emissions of Sulfur 

Compounds From Industrial Operations 

Section 1.0: General Provisions (Effective 05/ 

09/1985) 

Section 2.0: Restrictions on Sulfuric Acid 

Manufacturing Operations (Effective 02/01/ 

1981) 

Section 3.0: Restriction on Sulfuric Recovery 

Operations (Effective 02/01/1981) 

Section 4.0: Stack Height Requirements 

(Effective 02/01/1981) 

7 DE Admin. Code 1110: Emissions of Sulfur 

Compounds From Industrial Operations 

Section 1.0: Requirements for Existing 

Sources of Sulfur Dioxide (Effective 01/18/ 

1981) 

Section 2.0: Requirements for New Sources of 

Sulfur Dioxide (Effective 02/01/1981) 

7 DE Admin. Code 1111: Carbon Monoxide 

Emissions From Industrial Process 

Operations New Castle County 

Section 1.0: General Provisions (Effective 02/ 

01/1981) 

Section 2.0: Restrictions on Petroleum 

Refining Operations (Effective 02/01/1981) 

7 DE Admin. Code 1112: Control of Nitrogen 

Oxide Emissions 

Section 1.0: Applicability (Effective 11/24/ 

1993) 

Section 2.0: Definitions (Effective 11/24/ 

1993) 

Section 3.0: Standards (Effective 11/24/1993) 

Section 4.0: Exemptions (Effective 11/24/ 

1993) 

Section 5.0: Alternative and Equivalent 

RACT Determinations (Effective 11/24/ 

1993) 

Section 6.0: RACT Proposals (Effective 11/ 

24/1993) 

Section 7.0: Compliance Certification, 

Recordkeeping, and Reporting 

Requirements (Effective 11/24/1993) 

7 DE Admin. Code 1113: Open Burning 

Section 1.0: Purpose (Effective 04/11/2007) 

Section 2.0: Applicability (Effective 04/11/ 

2007) 

Section 3.0: Definitions (Effective 04/11/ 

2007) 

Section 4.0: Prohibitions and Related 

Provisions (Effective 04/11/2007) 

Section 5.0: Season and Time Restrictions 

(Effective 04/11/2007) 

Section 6.0: Allowable Open Burning 

(Effective 04/11/2007) 

Section 7.0: Exemptions (Effective 04/11/ 

2007) 

7 DE Admin. Code 1114: Visible Emissions 

Section 1.0: General Provisions (Effective 07/ 

17/1984) 

Section 2.0: Requirements (Effective 07/17/ 

1984) 

Section 3.0: Alternate Opacity Requirements 

(Effective 07/17/1984) 

Section 4.0: Compliance With Opacity 

Standards (Effective 07/17/1984) 

7 DE Admin. Code 1115: Air Pollution Alert 

and Emergency Plan 

Section 1.0: General Provisions (Effective 07/ 

17/1984) 

Section 2.0: Stages and Criteria (Effective 03/ 

29/1988) 

Section 3.0: Required Actions (Effective 02/ 

01/1981) 

Section 4.0: Standby Plans (Effective 02/01/ 

1981) 

7 DE Admin. Code 1116: Sources Having 

Interstate Air Pollution Potential 

Section 1.0: General Provisions (Effective 02/ 

01/1981) 

Section 2.0: Limitations (Effective 02/01/ 

1981) 

Section 3.0: Requirements (Effective 02/01/ 

1981) 

7 DE Admin. Code 1117: Source Monitoring, 

Record Keeping And Reporting 

Section 1.0: Definitions and Administrative 

Principals (Effective 01/11/1993) 

Section 2.0: Sampling and Monitoring 

(Effective 07/17/1984) 

Section 3.0: Minimum Emissions Monitoring 

Requirements For Existing Sources 

(Effective 07/17/1984) 

Section 4.0: Performance Specifications 

(Effective 07/17/1984) 

Section 5.0: Minimum Data Requirements 

(Effective 07/17/1984) 

Section 6.0: Data Reduction (Effective 07/17/ 

1984) 

Section 7.0: Emission Statement (Effective 

01/11/1993) 


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7 DE Admin. Code 1120: New Source 

Performance Standards 

Section 1.0: General Provisions (Effective 12/ 

07/1988) 

Section 2.0: Standards of Performance for 

Fuel Burning Equipment (Effective 04/18/ 

1983) 

Section 3.0: Standards of Performance for 

Nitric Acid Plants (Effective 04/18/1983) 

Section 5.0: Standards of Performance for 

Asphalt Concrete Plants (Effective 04/18/ 

1983) 

Section 6.0: Standards of Performance for 

Incinerators (Effective 04/18/1983) 

Section 7.0: Standards of Performance for 

Sewage Treatment Plants (Effective 04/18/ 

1983) 

Section 8.0: Standards of Performance for 

Sulfuric Acid Plants (Effective 04/18/1983) 

Section 9.0: Standards of Performance for 

Electric Utility Steam Generating Units for 

Which Construction is Commenced After 

September 18, 1978 (Effective 04/18/1983) 

Section 10.0: Standards of Performance for 

Stationary Gas Turbines (Effective 11/27/ 

1985) 

Section 11.0: Standards of Performance for 

Petroleum Refineries (Effective 11/27/ 

1985) 

Section 12.0: Standards of Performance for 

Steel Plants: Electric Arc Furnaces 

(Effective 11/27/1985) 

Section 20.0: Standards of Performance for 

Bulk Gasoline Terminals (Effective 11/27/ 

1985) 

Section 22.0: Standards of Performance for 

Equipment Leaks at Petroleum Refineries 

(Effective 11/27/1985) 

Section 27.0: Standards of Performance for 

Volatile Organic Liquid Storage Vessels 

(Including Petroleum Liquid Storage 

Vessels) for Which Construction, 

Reconstruction, or Modification 

Commenced after July 23, 1984 (Effective 

12/07/1988) 

Section 29.0: Standards of Performance for 

Hospital/Medical/Infectious Waste 

Incinerators (Effective 09/11/1998) 

7 DE Admin. Code 1122: Restriction on 

Quality of Fuel in Fuel Burning Equipment 

Section 1.0: Prohibition of Waste Oil 

(Effective 11/27/1985) 

7 DE Admin. Code 1124: Control of Volatile 

Organic Compounds 

Section 1.0: General Provisions (Effective 01/ 

11/1993) 

Section 2.0: Definitions (Effective 01/11/ 

2002) 

Section 3.0: Applicability (Effective 01/11/ 

1993) 

Section 4.0: Compliance, Certification, 

Recordkeeping, and Reporting 

Requirements for Coating Sources 

(Effective 11/29/1994) 

Section 5.0: Compliance, Certification, 

Recordkeeping, and Reporting 

Requirements for Non-Coating Sources 

(Effective 01/11/1993) 

Section 6.0: General Recordkeeping (Effective 

01/11/1993) 

Section 7.0: Circumvention (Effective 01/11/ 

1993) 

Section 8.0: Handling, Storage, and Disposal 

of Volatile Organic Compounds (VOCs) 

(Effective 11/29/1994) 

Section 9.0: Compliance, Permits, 

Enforceability (Effective 01/11/1993) 

Section 10.0: Aerospace Coatings (Effective 

08/11/2002) 

Section 11.0: Mobile Equipment Repair and 

Refinishing (Effective 11/11/2001) 

Section 12.0: Surface Coating of Plastic Parts 

(Effective 11/29/1994) 

Section 13.0: Automobile and Light-Duty 

Truck Coating Operations (Effective 01/11/ 

1993) 

Section 14.0: Can Coating (Effective 01/11/ 

1993) 

Section 15.0: Coil Coating (Effective 01/11/ 

1993) 

Section 16.0: Paper Coating (Effective 01/11/ 

1993) 

Section 17.0: Fabric Coating (Effective 01/11/ 

1993) 

Section 18.0: Vinyl Coating (Effective 01/11/ 

1993) 

Section 19.0: Coating of Metal Furniture (01/ 

11/1993) 

Section 20.0: Coating of Large Appliances 

(01/11/1993) 

Section 21.0: Coating of Magnet Wire (01/11/ 

1993) 

Section 22.0: Coating of Miscellaneous Parts 

(Effective 01/11/1993) 

Section 23.0: Coating of Flat Wood Paneling 

(Effective 01/11/1993) 

Section 24.0: Bulk Gasoline Plants (Effective 

01/11/1993) 

Section 25.0: Bulk Gasoline Terminals 

(Effective 11/29/1994) 

Section 26.0: Gasoline Dispensing Facility 

Stage I Vapor Recovery (Effective 01/11/ 

2002) 

Section 27.0: Gasoline Tank Trucks (Effective 

01/11/1993) 

Section 28.0: Petroleum Refinery Sources 

(Effective 01/11/1993) 

Section 29.0: Leaks from Petroleum Refinery 

Equipment (Effective 11/29/1994) 

Section 30.0: Petroleum Liquid Storage in 

External Floating Roof Tanks (Effective 11/ 

29/1994) 

Section 31.0: Petroleum Liquid Storage in 

Fixed Roof Tanks (Effective 11/29/1994) 

Section 32.0: Leaks from Natural Gas/ 

Gasoline Processing Equipment (11/29/ 

1994) 

Section 33.0: Solvent Cleaning and Drying 

(Effective 11/11/2001) 

Section 34.0: Cutback and Emulsified 

Asphalt (Effective 01/11/1993) 

Section 35.0: Manufacture of Synthesized 

Pharmaceutical Products (Effective 11/29/ 

1994) 

Section 36.0: Stage II Vapor Recovery 

(Effective 01/11/2002) 

Section 37.0: Graphic Arts Systems (Effective 

11/29/1994) 

Section 38.0: Petroleum Solvent Dry Cleaners 

(Effective 01/11/1993) 

Section 40.0: Leaks from Synthetic Organic 

Chemical, Polymer, and Resin 

Manufacturing Equipment (Effective 01/11/ 

1993) 

Section 41.0: Manufacture of High-Density 

Polyethylene, Polypropylene, and 

Polystyrene Resins (Effective 01/11/1993) 

Section 42.0: Air Oxidation Processes in the 

Synthetic Organic Chemical Manufacturing 

Industry (Effective 01/11/1993) 

Section 43.0: Bulk Gasoline Marine Tank 

Vessel Loading Facilities (Effective 08/08/ 

1994) 

Section 44.0: Batch Processing Operations 

(Effective 11/29/1994) 

Section 45.0: Industrial Cleaning Solvents 

(Effective 11/29/1994) 

Section 46.0: Crude Oil Lightering 

Operations (Effective 05/11/2007) 

Section 47.0: Offset Lithographic Printing 

(Effective 11/29/1994) 

Section 48.0: Reactor Processes and 

Distillation Operations in the Synthetic 

Organic Chemical Manufacturing Industry 

(Effective 11/29/1994) 

Section 49.0: Control of Volatile Organic 

Compound Emissions from Volatile 

Organic Liquid Storage Vessels (Effective 

11/29/1994) 

Section 50.0: Other Facilities that Emit 

Volatile Organic Compounds (VOCs) 

(Effective 11/29/1994) 

7 DE Admin. Code 1124: Control of Organic 

Compound Emissions 

Appendix A General Provisions: Test 

Methods and Compliance Procedures 

(Effective 11/29/1994) 

Appendix B: Determining the Volatile 

Organic Compound (VOC) Content of 

Coatings and Inks (Effective 11/29/1994) 

Appendix C: Alternative Compliance 

Methods for Surface Coating (Effective 11/ 

29/1994) 

Appendix D: Emission Capture and 

Destruction or Removal Efficiency and 

Monitoring Requirements (Effective 11/29/ 

1994) 

Method 30: Criteria for and Verification of a 

Permanent or Temporary Total Enclosure 

(Effective 11/29/1994) 

Method 30A: Volatile Organic Compounds 

Content in Liquid Input Stream (Effective 

11/29/1994) 

Method 30B: Volatile Organic Compounds 

Emissions in Captured Stream (Effective 

11/29/1994) 

Method 30C: Volatile Organic Compounds 

Emissions in Captured Stream (Dilution 

Technique) (Effective 11/29/1994) 

Method 30D: Volatile Organic Compounds 

Emissions in Fugitive Stream from 

Temporary Total Enclosure (Effective 11/ 

29/1994) 

Method 30E: Volatile Organic Compounds 

Emissions in Fugitive Stream from 

Building Enclosure (Effective 11/29/1994) 

Appendix E: Determining the Destruction or 

Removal Efficiency of a Control Device 

(Effective 11/29/1994) 

Appendix F: Leak Detection Methods for 

Volatile Organic Compounds (VOCs) 

(Effective 11/29/1994) 

Appendix G: Performance Specifications for 

Continuous Emissions Monitoring of Total 

Hydrocarbons (Effective 11/29/1994) 

Appendix H: Quality Control Procedures for 

Continuous Emission Monitoring Systems 

(CEMS) (Effective 11/29/1994) 

Appendix I: Method to Determine Length of 

Rolling Period for Liquid/Liquid Material 

Balance (Effective 11/29/1994) 


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3All sections for 7 DE Admin. Code 1144: Control 

of Stationary Generator Emissions shall be 

incorporated by reference into 40 CFR part 55 

except for all references to Carbon Dioxide (CO2). 

Appendix K: Emissions Estimation 

Methodologies (Effective 11/29/1994) 

Appendix L: Method To Determine Total 

Organic Carbon for Offset Lithographic 

Solutions (Effective 11/29/1994) 

Appendix M: Test Method for Determining 

the Performance of Alternative Cleaning 

Fluids (Effective 11/29/1994) 

7 DE Admin. Code 1125: Requirements for 

Preconstruction Review 

Section 1.0: General Provisions (Effective 08/ 

11/2005) 

Section 2.0: Emission Offset Provisions (EOP) 

(Effective 08/11/2005) 

Section 3.0: Prevention of Significant 

Deterioration of Air Quality (Effective 08/ 

11/2005) 

Section 4.0: Minor New Source Review 

(MNSR) (Effective 08/11/2005) 

7 DE Admin. Code 1127: Stack Heights 

Section 1.0: General Provisions (Effective 07/ 

06/1982) 

Section 2.0: Definitions Specific to this 

Regulation (Effective 12/07/1988) 

Section 3.0: Requirements for Existing and 

New Sources (Effective 02/18/1987) 

Section 4.0: Public Notification (Effective 02/ 

18/1987) 

7 DE Admin. Code 1129: Emissions From 

Incineration of Infectious Waste 

Section 1.0: General Provisions (10/13/1989) 

Section 2.0: Exemptions (Effective 10/13/ 

1989) 

Section 3.0: Permit Requirements (Effective 

10/13/1989) 

Section 4.0: Sections of Treatment and 

Disposal (Effective 10/13/1989) 

Section 5.0: Recordkeeping and Reporting 

Requirements (Effective 10/13/1989) 

Section 6.0: Evidence of Effectiveness of 

Treatment (Effective 10/13/1989) 

Section 7.0: Incineration (Effective 10/13/ 

1989) 

7 DE Admin. Code 1130: Title V State 

Operating Permit Program 

Section 1.0: Program Overview (Effective 11/ 

15/1993) 

Section 2.0: Definitions (Effective 11/15/ 

1993) 

Section 3.0: Applicability (Effective 11/15/ 

1993) 

Section 5.0: Permit Applications (Effective 

11/15/1993) 

Section 6.0: Permit Contents (Effective 12/11/ 

2000) 

Section 7.0: Permit Issuance, Renewal, 

Reopening, and Revisions (Effective 12/11/ 

2000) 

Section 8.0: Permit Review by EPA and 

Affected States (Effective 11/15/1993) 

Section 9.0: Permit Fees (Effective 11/15/ 

1993) 

Appendix A: Insignificant Activities 

(Effective 11/15/1993) 

7 DE Admin. Code 1132: Transportation 

Conformity 

Section 1.0: Purpose (Effective 11/11/2007) 

Section 2.0: Definitions (Effective 11/11/ 

2007) 

Section 3.0: Consultation (Effective 11/11/ 

2007) 

Section 4.0: Written Commitments for 

Control and Mitigation Measures (Effective 

11/11/2007) 

7 DE Admin Code 1134: Emission Banking 

and Trading Program 

Section 1.0: Program Overview (Effective 10/ 

06/1997) 

Section 2.0: Definitions (Effective 10/06/ 

1997) 

Section 3.0: Applicability (Effective 10/06/ 

1997) 

Section 4.0: Generating an Emission 

Reduction (Effective 10/06/1997) 

Section 5.0: Application for Certification of 

an Emission Reduction as an ERC 

(Effective 10/06/1997) 

Section 6.0: Source Baseline (Effective 10/06/ 

1997) 

Section 7.0: Post-Reduction Emission Rate 

(Effective 10/06/1997) 

Section 8.0: Certification of an Emission 

Reduction (Effective 10/06/1997) 

Section 9.0: Trading and Use of ERCs 

(Effective 10/06/1997) 

Section 10.0: Record Keeping Requirements 

(Effective 10/06/1997) 

Section 11.0: ERC Banking System (Effective 

10/06/1997) 

Section 12.0: Fees (Effective 10/06/1997) 

Section 13.0: Enforcement (Effective 10/06/ 

1997) 

Section 14.0: Program Evaluation and 

Individual Audits (Effective 10/06/1997) 

7 DE Admin. Code 1135: Conformity of 

General Federal Actions to the State 

Implementation Plans 

Section 1.0: Purpose (Effective 08/14/1996) 

Section 2.0: Definitions (Effective 08/14/ 

1996) 

Section 3.0: Applicability (Effective 08/14/ 

1996) 

Section 4.0: Conformity Analysis (Effective 

08/14/1996) 

Section 5.0: Reporting Requirements 

(Effective 08/14/1996) 

Section 6.0: Public Participation and 

Consultation (Effective 08/14/1996) 

Section 7.0: Frequency of Conformity 

Determinations (Effective 08/14/1996) 

Section 8.0: Criteria for Determining 

Conformity of General Federal Actions 

(Effective 08/14/1996) 

Section 9.0: Procedures for Conformity 

Determinations of General Federal Actions 

(Effective 08/14/1996) 

Section 10.0: Mitigation of Airy Quality 

Impacts (Effective 08/14/1996) 

Section 11.0: Savings Provisions (Effective 

08/14/1996) 

7 DE Admin. Code 1139: Nitrogen Oxides 

(NOX) Budget Trading Program 

Section 1.0: Purpose (Effective 12/11/2000) 

Section 2.0: Emission Limitation (Effective 

12/11/2000) 

Section 3.0: Applicability (Effective 12/11/ 

2000) 

Section 4.0: Definitions (Effective 12/11/ 

2000) 

Section 5.0: General Provisions (Effective 12/ 

11/2000) 

Section 6.0: NOX Authorized Account 

Representative for NOX Budget Sources 

(Effective 12/11/2000) 

Section 7.0: Permits (Effective 12/11/2000) 

Section 8.0: Monitoring and Reporting 

(Effective 12/11/2000) 

Section 9.0: NATS (Effective 12/11/2000) 

Section 10.0: NOX Allowance Transfers 

(Effective 12/11/2000) 

Section 11.0: Compliance Certification 

(Effective 12/11/2000) 

Section 12.0: End-of-Season Reconciliation 

(Effective 12/11/2000) 

Section 13.0: Failure to Meet Compliance 

Requirements (Effective 12/11/2000) 

Section 14.0: Individual Units Opt-Ins 

(Effective 12/11/2000) 

Section 15.0: General Accounts (Effective 12/ 

11/2000) 

Appendix A: Allowance Allocations to NOX

Budget Units under 3.1.1.1 and 3.1.1.2 of 

DE Admin. Code 1139 (Effective 02/11/ 

2000) 

Appendix B: 7 DE Admin Code 1137—7 DE 

Admin. Code 1139 Program Transition 

(Effective 02/11/2000) 

7 DE Admin. Code 1140: Delaware’s National 

Low Emission Vehicle (NLEV) Regulation 

Section 1.0: Applicability (Effective 09/11/ 

1999) 

Section 2.0: Definitions (Effective 09/11/ 

1999) 

Section 3.0: Program Participation (Effective 

09/11/1999) 

7 DE Admin. Code 1142: Specific Emission 

Control Requirements 

Section 1.0: Control of NOX Emissions from 

Industrial Boilers (Effective 12/12/2001) 

7 DE Admin. Code 1143: Heavy Duty Diesel 

Engine Standards 

Section 1.0: On Road Heavy Duty Diesel 

Requirements for Model Years 2005 and 

2006 (Effective 02/11/2005) 

Section 2.0: On Road Heavy Duty Diesel 

Requirements for Model Year 2007 and 

Later (Effective 02/11/2005) 

7 DE Admin. Code 1144: Control of 

Stationary Generator Emissions 3

Section 1.0: General (Effective 01/11/2006) 

Section 2.0: Definitions (Effective 01/11/ 

2006) 

Section 3.0: Emissions (Effective 01/11/2006) 

Section 4.0: Operating Requirements 

(Effective 01/11/2006) 

Section 5.0: Fuel Requirements (Effective 01/ 

11/2006) 

Section 7.0: Emissions Certification, 

Compliance, and Enforcement (Effective 

01/11/2006) 

Section 8.0: Credit for Concurrent Emissions 

Reductions (Effective 01/11/2006) 

Section 9.0: DVFA Member Companies 

(Effective 01/11/12006) 


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19480 Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Proposed Rules 

7 DE Admin. Code 1145: Excessive Idling of 

Heavy Duty Vehicles 

Section 1.0: Applicability (Effective 04/11/ 

2005) 

Section 2.0: Definitions (Effective 04/11/ 

2005) 

Section 3.0: Severability (Effective 04/11/ 

2005) 

Section 4.0: Operational Requirements for 

Heavy Duty Motor Vehicles (Effective 04/ 

11/2005) 

Section 5.0: Exemptions (Effective 04/11/ 

2005) 

Section 6.0: Enforcement and Penalty 

(Effective 04/11/2005) 

7 DE Admin. Code 1146: Electric Generating 

Unit (EGU) Multi-Pollutant Regulation 

Section 1.0: Preamble (Effective 12/11/2006) 

Section 2.0: Applicability (Effective 12/11/ 

2006) 

Section 3.0: Definitions (Effective 12/11/ 

2006) 

Section 4.0: NOX Emissions Limitations 

(Effective 12/11/2006) 

Section 5.0: SO2 Emissions Limitations 

(Effective 12/11/2006) 

Section 6.0: Mercury Emissions Limitations 

(Effective 12/11/2006) 

Section 7.0: Record Keeping and Reporting 

(Effective 12/11/2006) 

Section 8.0: Compliance Plan (Effective 12/ 

11/2006) 

Section 9.0: Penalties (Effective 12/11/2006) 

7 DE Admin. Code 1148: Control of 

Stationary Combustion Turbine Electric 

Generating Unit Emissions 

Section 1.0: Purpose (Effective 07/11/2007) 

Section 2.0: Applicability (Effective 07/11/ 

2007) 

Section 3.0: Definitions (Effective 07/11/ 

2007) 

Section 4.0: NOX Emissions Limitations 

(Effective 07/11/2007) 

Section 5.0: Monitoring and Reporting 

(Effective 07/11/2007) 

Section 6.0: Recordkeeping (Effective 07/11/ 

2007) 

Section 7.0: Penalties (Effective 07/11/2007) 

(2) [Reserved] 

* * * * * 

[FR Doc. E9–9786 Filed 4–28–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R03–RCRA–2009–0916; FRL–8898–6] 

Pennsylvania: Final Authorization of 

State Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Pennsylvania has applied to 

EPA for final authorization of revisions 

to its hazardous waste program under 

the Resource Conservation and 

Recovery Act (RCRA). EPA proposes to 

grant final authorization to 

Pennsylvania. In the ‘‘Rules and 

Regulations’’ section of this Federal 

Register, EPA is authorizing the 

revisions by an immediate final rule. 

EPA did not make a proposal prior to 

the immediate final rule because we 

believe this action is not controversial 

and do not expect comments that 

oppose it. We have explained the 

reasons for this authorization in the 

preamble to the immediate final rule. 

Unless we receive written comments 

that oppose this authorization during 

the comment period, the immediate 

final rule will become effective on the 

date it establishes, and we will not take 

further action on this proposal. 

However, if we receive comments that 

oppose this action we will withdraw the 

immediate final rule and it will not take 

effect. We will then respond to public 

comments in a later final rule based on 

this proposal. You may not have another 

opportunity for comment. If you want to 

comment on this action, you must do so 

at this time. 

DATES: Send your written comments by 

May 29, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

RCRA–2009–0916, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. E-mail: 

bentley.pete@epamail.epa.gov. 

3. Mail: Charles Bentley, Mailcode 

3LC50, Office of State Programs, U.S. 

EPA Region III, 1650 Arch Street, 

Philadelphia, PA 19103–2029. 

4. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

You may inspect and copy 

Pennsylvania’s application from 8 a.m. 

to 4 p.m., Monday through Friday at the 

following locations: Pennsylvania 

Department of Environmental 

Protection, Environmental Education 

and Information Center, 1st Floor, 

Rachel Carson State Office Building, 400 

Market St., Harrisburg, PA 17105, Phone 

number (717) 772–1828; Pennsylvania 

Department of Environmental 

Protection, Southwest Regional Office, 

400 Waterfront Drive, Pittsburgh, PA 

15222, Phone number: (412) 442–4097; 

and EPA Region III, Library, 2nd Floor, 

1650 Arch Street, Philadelphia, PA 

19103, Phone number: (215) 814–5254. 

Persons with a disability may use the 

AT&T Relay Service to contact 

Pennsylvania Department of 

Environmental Protection by calling 

(800) 654–5984 (TDD users), or (800) 

654–5988 (voice users). 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–RCRA–2009– 

0916. EPA’s policy is that all comments 

received will be included in the public 

file without change, 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 

Federal 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 file 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 FURTHER INFORMATION CONTACT: 

Charles Bentley, Mailcode 3LC50, Office 

of State Programs, U.S. EPA Region III, 

1650 Arch Street, Philadelphia, PA 

19103–2029, Phone Number: (215) 814– 

3379. 

SUPPLEMENTARY INFORMATION: For 

additional information, please see the 

immediate final rule published in the 

‘‘Rules and Regulations’’ section of this 

Federal Register. 

Dated: April 9, 2009. 

William C. Early, 

Acting Regional Administrator, EPA Region 

III. 

[FR Doc. E9–9790 Filed 4–28–09; 8:45 am] 

BILLING CODE 6560–50–P 


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