[Federal Register Volume 66, Number 96 (Thursday, May 17, 2001)]
[Rules and Regulations]
[Pages 27459-27463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12351]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DE 054-1031a; FRL-6981-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Nitrogen Oxides Budget Trading Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on revisions to the Delaware 
State Implementation Plan (SIP) submitted on November 17, 2000. This 
revision responds to the EPA's regulation entitled, ``Finding of 
Significant Contribution and Rulemaking for Certain States in the Ozone 
Transport Assessment Group Region for Purposes of Reducing Regional 
Transport of Ozone,'' otherwise known as the ``NO<INF>X</INF> SIP 
Call.'' This revision establishes and requires a nitrogen oxides 
(NO<INF>X</INF>) allowance trading program for large electric 
generating and industrial units, beginning in 2003. The intended effect 
of this action is to approve the Delaware NO<INF>X</INF> Budget Trading 
Program because it addresses the requirements of the NO<INF>X</INF> SIP 
Call Phase I that will significantly reduce ozone transport in the 
eastern United States. EPA is approving these revisions in accordance 
with the requirements of the Clean Air Act.

DATES: This rule is effective on July 16, 2001 without further notice, 
unless EPA receives adverse written comment by June 18, 2001. 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: Written comments should be mailed to David L. Arnold, Chief, 
Air Quality Planning and Information Services Branch, Mailcode 3AP21, 
U.S. Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. Copies of the documents relevant to 
this action are available for public inspection during normal business 
hours at the Air Protection Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; 
and Delaware Department of Natural Resources & Environmental Control, 
89 Kings Highway, P.O. Box 1401, Dover, Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Cristina Fernandez, (215) 814-2178, or 
by e-mail at <a href="/cdn-cgi/l/email-protection#8bedeef9e5eae5efeef1a5e8f9e2f8ffe2e5eacbeefbeaa5ece4fd"><span class="__cf_email__" data-cfemail="a4c2c1d6cac5cac0c1de8ac7d6cdd7d0cdcac5e4c1d4c58ac3cbd2">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: On November 17, 2000, the Delaware 
Department of Natural Resources and Environmental Control (DNREC) 
submitted a revision to its SIP to address the requirements of the 
NO<INF>X</INF> SIP Call Phase I. The revision consists of the adoption 
of Regulation No. 39--Nitrogen Oxides Budget Trading Program.
    The information in this section is organized as follows:

I. EPA's Action
    A. What action is EPA taking today?
    B. Why is EPA taking direct final action?
    C. What are the general NO<INF>X</INF> SIP Call requirements?
    D. What is EPA's NO<INF>X</INF> budget trading program?
    E. What guidance did EPA use to evaluate Delaware's submittal?
II. Delaware's NO<INF>X</INF> Budget Trading Program
    A. When did Delaware submit the SIP revision to EPA in response 
to the NO<INF>X</INF> SIP Call?
    B. What is the Delaware NO<INF>X</INF> Budget Trading Program?
    C. What is the result of EPA's evaluation of Delaware's program?
III. Final Action
    A. NO<INF>X</INF> SIP Call Requirements
    B. One-Hour Attainment Demonstration Plans
IV. Administrative Requirements
    A. General Requirements
    B. Submission to Congress and the Comptroller General
    C. Petitions for Judicial Review

I. EPA's Action

A. What Action Is EPA Taking Today?

    EPA is taking direct final action to approve the Delaware SIP 
revision concerning the adoption of its NO<INF>X</INF>

[[Page 27460]]

Budget Trading Program, submitted on November 17, 2000.

B. Why Is EPA Taking Direct Final Action?

    EPA is taking direct final action for two purposes. Delaware's 
NO<INF>X</INF> Budget Trading Program regulations address the 
requirements of the NO<INF>X</INF> SIP Call Phase I. In addition, 
Delaware's NO<INF>X</INF> Budget Trading Program regulations are part 
of the Delaware one-hour ozone attainment demonstration plan for the 
Philadelphia-Wilmington-Trenton severe ozone nonattainment area. The 
Delaware one-hour attainment demonstration plan for the Philadelphia-
Wilmington-Trenton ozone nonattainment area relies on the 
NO<INF>X</INF> reductions associated with the NO<INF>X</INF> Budget 
Trading Program in 2003 and beyond. Therefore, EPA is approving 
Delaware's NO<INF>X</INF> Budget Trading Program for two reasons. 
First, because it addresses the requirements of the NO<INF>X</INF> SIP 
Call Phase I, and secondly as a strengthening measure for the one-hour 
ozone standard attainment for Philadelphia-Wilmington-Trenton ozone 
nonattainment area.
    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 Delaware's NO<INF>X</INF> Budget Trading 
Program if adverse comments are filed. This rule will be effective on 
July 16, 2001 without further notice unless EPA receives adverse 
comment by June 18, 2001. 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. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

C. What Are the General NO<INF>X</INF> SIP Call Requirements?

    On October 27, 1998, EPA published a final rule entitled, ``Finding 
of Significant Contribution and Rulemaking for Certain States in the 
Ozone Transport Assessment Group Region for Purposes of Reducing 
Regional Transport of Ozone,'' otherwise known as the ``NO<INF>X</INF> 
SIP Call.'' See 63 FR 57356. The NO<INF>X</INF> SIP Call requires 22 
States and the District of Columbia to meet statewide NO<INF>X</INF> 
emission budgets during the five month period between May 1 and October 
1 in order to reduce the amount of ground level ozone that is 
transported across the eastern United States.
    EPA determined state-wide NO<INF>X</INF> emission budgets for each 
affected jurisdiction to be met by the year 2007. EPA identified 
NO<INF>X</INF> emission reductions by source category that could be 
achieved by using cost-effective measures. The source categories 
included were electric generating units (EGUs), non-electric generating 
units (non-EGUs), area sources, nonroad mobile sources and highway 
sources. However, the NO<INF>X</INF> SIP Call allowed states the 
flexibility to decide which source categories to regulate in order to 
meet the statewide budgets. In the NO<INF>X</INF> SIP Call document, 
EPA suggested that imposing statewide NO<INF>X</INF> emissions caps on 
large fossil-fuel fired industrial boilers and electricity generating 
units would provide a highly cost effective means for States to meet 
their NO<INF>X</INF> budgets. In fact, the state-specific budgets were 
set assuming an emission rate of 0.15 pounds NO<INF>X</INF> per million 
British thermal units (lb. NO<INF>X</INF>/mmBtu) at EGUs, multiplied by 
the projected heat input (mmBtu) from burning the quantity of fuel 
needed to meet the 2007 forecast for electricity demand. See 63 FR 
57407. The calculation of the 2007 EGU emissions assumed that an 
emissions trading program would be part of an EGU control program. The 
NO<INF>X</INF> SIP Call state budgets also assumed on average a 30% 
NO<INF>X</INF> reduction from cement kilns, a 60% reduction from 
industrial boilers and combustion turbines, and a 90% reduction from 
internal combustion engines. The non-EGU control assumptions were 
applied at units where the heat input capacities were greater than 250 
mmBtu per hour, or in cases where heat input data were not available or 
appropriate, at units with actual emissions greater than one ton per 
day.
    To assist the states in their efforts to meet the SIP Call, the 
NO<INF>X</INF> SIP Call final rulemaking notice included a model 
NO<INF>X</INF> allowance trading regulation, called ``NO<INF>X</INF> 
Budget Trading Program for State Implementation Plans,'' (40 CFR part 
96), that could be used by states to develop their regulations. The 
NO<INF>X</INF> SIP Call notice explained that if states developed an 
allowance trading regulation consistent with the EPA model rule, they 
could participate in a regional allowance trading program that would be 
administered by the EPA. See 63 FR 57458-57459.
    There were several periods during which EPA received comments on 
various aspects of the NO<INF>X</INF> SIP Call emissions inventories. 
On March 2, 2000, EPA published additional technical amendments to the 
NO<INF>X</INF> SIP Call in the Federal Register (65 FR 11222). The 
March 2, 2000 final rulemaking established the inventories upon which 
Delaware's final budget is based.
    On March 3, 2000, the D.C. Circuit issued its decision on the 
NO<INF>X</INF> SIP Call ruling in favor of EPA on all the major issues. 
Michigan v. EPA, 213 F.3d 663 (D.C. Cir. 2000). The Court denied 
petitioners' requests for rehearing or rehearing en banc on July 22, 
2000. However, the Court ruled against EPA on four narrow issues. The 
Court remanded certain matters for further rulemaking by EPA. EPA 
expects to publish a proposal that addresses the remanded portion of 
the NO<INF>X</INF> SIP Call Rule. Any additional emissions reductions 
required as a result of a final rulemaking on that proposal will be 
reflected in the second phase portion (Phase II) of the State's 
emissions budget. Delaware is required to submit SIP revisions to 
address the Phase II of the NO<INF>X</INF> SIP Call Rule.

D. What Is EPA's NO<INF>X</INF> Budget Trading Program?

    EPA's model NO<INF>X</INF> budget and allowance trading rule, 40 
CFR part 96, sets forth a NO<INF>X</INF> emissions trading program for 
large EGUs and non-EGUs. A state can voluntarily choose to adopt EPA's 
model rule in order to allow sources within its borders to participate 
in regional allowance trading. The October 27, 1998 Federal Register 
document contains a full description of the EPA's model NO<INF>X</INF> 
budget trading program. See 63 FR 57514-57538 and 40 CFR part 96. In 
general, air emissions trading uses market forces to reduce the overall 
cost of compliance for pollution sources, such as power plants, while 
maintaining emission reductions and environmental benefits. One type of 
market-based program is an emissions budget and allowance trading 
program, commonly referred to as a ``cap and trade'' program.
    In an emissions budget and allowance trading program, the state or 
EPA sets a regulatory limit, or emissions budget, in mass emissions 
from a specific group of sources. The budget limits the total number of 
allocated allowances during a particular control period. When the 
budget is set at a level lower than the current emissions, the effect 
is to reduce

[[Page 27461]]

the total amount of emissions during the control period. After setting 
the budget, the state or EPA then assigns, or allocates, allowances to 
the participating entities up to the level of the budget. Each 
allowance authorizes the emission of a quantity of pollutant, e.g., one 
ton of airborne NO<INF>X</INF>.
    At the end of the control period, each source must demonstrate that 
its actual emissions during the control period were less than or equal 
to the number of available allowances it holds. Sources that reduce 
their emissions below their allocated allowance level may sell their 
extra allowances. Sources that emit more than the amount of their 
allocated allowance level may buy allowances from the sources with 
extra reductions. In this way, the budget is met in the most cost-
effective manner.

E. What Guidance Did EPA Use To Evaluate Delaware's Submittal?

    The final NO<INF>X</INF> SIP Call rule included a model 
NO<INF>X</INF> budget trading program regulation. See 40 CFR part 96. 
EPA used the model rule and 40 CFR 51.121-51.122 to evaluate Delaware's 
NO<INF>X</INF> Budget Trading Program.

II. Delaware's NO<INF>X</INF> Budget Trading Program

A. When Did Delaware Submit the SIP Revision to EPA in Response to the 
NO<INF>X</INF> SIP Call?

    On November 17, 2000, the Delaware Department of Natural Resources 
and Environmental Control submitted a revision to its SIP to address 
the requirements of the NO<INF>X</INF> SIP Call.

B. What Is the Delaware NO<INF>X</INF> Budget Trading Program?

    Delaware's SIP revision to address the requirements of the 
NO<INF>X</INF> SIP Call Phase I consists of the adoption of Regulation 
No. 39--Nitrogen Oxides Budget Trading Program. Delaware's 
NO<INF>X</INF> Budget Trading Program affects electric generating units 
and certain non-electric generating units.
    Regulation No. 39--Nitrogen Oxides Budget Trading Program is 
divided into fifteen new sections and two appendices: (1) Purpose; (2) 
Emission Limitation; (3) Applicability; (4) Definitions; (5) General 
Provisions; (6) NO<INF>X</INF> Authorized Account Representative for 
NO<INF>X</INF> Budget Sources; (7) Permits; (8) Monitoring and 
Reporting; (9) NATS; (10) NO<INF>X</INF> Allowance Transfers; (11) 
Compliance Certification; (12) End-of-Season Reconciliation; (13) 
Failure to Meet Compliance Requirements; (14) Individual Unit Opt-Ins; 
(15) General Accounts; Appendix A--Allowance Allocations to 
NO<INF>X</INF> Budget Units; Appendix B--Regulation No. 37-Regulation 
No. 39 Program Transition.
    The Delaware NO<INF>X</INF> Budget Trading Program establishes and 
requires a NO<INF>X</INF> allowance trading program for large electric 
generating and industrial units. Regulation No. 39--NO<INF>X</INF> 
Budget Trading Program establishes a NO<INF>X</INF> cap and allowance 
trading program with a budget of 5,227 tons of NO<INF>X</INF> for the 
ozone seasons of 2003 and beyond. The State of Delaware voluntarily 
chose to follow EPA's model NO<INF>X</INF> budget and allowance trading 
rule, 40 CFR part 96, that sets forth a NO<INF>X</INF> emissions 
trading program for large EGUs and non-EGUs. Because the Delaware 
NO<INF>X</INF> Budget Trading Program is based upon EPA's model rule, 
Delaware sources are allowed to participate in the interstate 
NO<INF>X</INF> allowance trading program that EPA will administer for 
the participating states. The State of Delaware has adopted regulations 
that are substantively identical to 40 CFR part 96. Therefore, pursuant 
to 40 CFR 51.121(p)(1), Delaware's SIP revision is automatically 
approved as satisfying the same portion of the State's NO<INF>X</INF> 
emission reduction obligations Delaware projects such regulations will 
satisfy.
    Under the NO<INF>X</INF> Budget Trading Program, Delaware allocates 
NO<INF>X</INF> allowances to the EGUs and non-EGUs units that are 
affected by these requirements. The NO<INF>X</INF> trading program 
applies to all fossil fuel fired EGUs with a nameplate capacity greater 
than 15 MW or more that sell any amount of electricity to the grid as 
well as any non-EGUs that have a heat input capacity equal to or 
greater than 250 mmBtu per hour. Each NO<INF>X</INF> allowance permits 
a source to emit one ton of NO<INF>X</INF> during the seasonal control 
period. NO<INF>X</INF> allowances may be bought or sold. Unused 
NO<INF>X</INF> allowances may also be banked for future use, with 
certain limitations. Source owners will monitor their NO<INF>X</INF> 
emissions by using systems that meet the requirements of 40 CFR part 
75, subpart H, and report resulting data to EPA electronically. Each 
budget source complies with the program by demonstrating at the end of 
each control period that actual emissions do not exceed the amount of 
allowances held for that period. However, regardless of the number of 
allowances a source holds, it cannot emit at levels that would violate 
other federal or state limits, for example, reasonably available 
control technology (RACT), new source performance standards, or Title 
IV (the federal Acid Rain program).
    Delaware's SIP revision, submitted on November 17, 2000, does not 
establish requirements for stationary internal combustion engines. 
Delaware will be required to submit SIP revisions to address any 
additional emission reductions required to meet the State's overall 
emissions budget. In addition, Delaware's submittal does not rely on 
any additional reductions beyond the anticipated federal measures in 
the mobile and area source categories.
    Delaware's submittal demonstrates that the NO<INF>X</INF> emission 
budgets established by EPA (65 FR 11222) will be met as follows:

------------------------------------------------------------------------
                                                  EPA 2007
                                                 NO<INF>X</INF> budget    Delaware
                                                 emissions     2007 NO<INF>X</INF>
                Source category                    (tons/       budget
                                                  season)     emissions
                                                  Delaware      (tons/
                                                    2007       season)
------------------------------------------------------------------------
EGUs..........................................        5,250        5,250
Non-EGUs......................................        2,473        2,473
Area Sources..................................        1,129        1,129
Non-road Sources..............................        5,651        5,651
Highway Sources...............................        8,358        8,358
                                               -------------------------
    Total.....................................       22,861       22,861
------------------------------------------------------------------------

C. What Is the Result of EPA's Evaluation of Delaware's Program?

    EPA has evaluated Delaware's November 17, 2000 SIP submittal and 
finds it approvable. The Delaware NO<INF>X</INF> Budget Trading Program 
is consistent with EPA's guidance and addresses the requirements of the 
NO<INF>X</INF> SIP Call Phase I. EPA finds the NO<INF>X</INF> control 
measures in the Delaware's NO<INF>X</INF> Budget Trading Program 
approvable. The November 17, 2000 submittal will strengthen Delaware's 
SIP for reducing ground level ozone by providing NO<INF>X</INF> 
reductions beginning in 2003. Furthermore, Delaware's NO<INF>X</INF> 
Budget Trading Program is necessary to fulfill a requirement of the 
one-hour ozone attainment plan for the severe ozone nonattainment area 
of Delaware. The Delaware attainment demonstration plan for the 
Philadelphia-Wilmington-Trenton ozone nonattainment area relies on the 
NO<INF>X</INF> reductions associated with the NO<INF>X</INF> Budget 
Trading Program in 2003 and beyond. EPA finds that Delaware's submittal 
is fully approvable because it addresses the requirements of the 
NO<INF>X</INF> SIP Call Phase I and it is a strengthening measure for 
the Delaware one-hour ozone attainment plan for the Philadelphia-
Wilmington-Trenton ozone nonattainment area.

III. Final Action

A. NO<INF>X</INF> SIP Call Requirements

    EPA is approving the Delaware SIP revision consisting of its 
NO<INF>X</INF> Budget

[[Page 27462]]

Trading Program, submitted on November 17, 2000. EPA finds that the 
Delaware NO<INF>X</INF> Budget Trading Program is fully approvable 
because it addresses the requirements of the NO<INF>X</INF> SIP Call 
Phase I.

B. One-Hour Attainment Demonstration Plans

    EPA is approving the Delaware SIP revision concerning the adoption 
of the NO<INF>X</INF> Budget Trading Program, which was submitted on 
November 17, 2000. EPA finds that Delaware's submittal is fully 
approvable because it is a strengthening measure for the Delaware's 
one-hour ozone attainment plan for its severe ozone nonattainment area, 
namely the Philadelphia-Wilmington-Trenton ozone nonattainment area. 
Moreover, this SIP revision is necessary for full approval of the 
attainment demonstration SIP for the Philadelphia-Wilmington-Trenton 
ozone nonattainment area. The EPA is currently under an obligation to 
complete rulemaking by October 15, 2001 fully approving the attainment 
demonstration for the Philadelphia-Wilmington-Trenton ozone 
nonattainment area or, in the alternative, proposing a federal 
implementation plan.

IV. Administrative Requirements

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). This rule also 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, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it 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 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

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 rule 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. This rule 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 July 16, 2001. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action approving the Delaware NO<INF>X</INF> 
Budget Trading Program 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, Nitrogen dioxide, 
Ozone, Reporting and recordkeeping requirements.

    Dated: May 8, 2001.
Thomas C. Voltaggio,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart I--Delaware

    2. In Sec. 52.420, add entry in numerical order for Delaware 
Regulation No. 39--Nitrogen Oxides Budget Trading Program in the ``EPA-
Approved Regulations in the Delaware SIP'' table in paragraph (c) to 
read as follows:


Sec. 52.420  Identification of plan.

* * * * *
    (c) EPA approved regulations.

[[Page 27463]]



                                  EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
                                                            State
          State citation               Title/subject      effective     EPA approval date         Comments
                                                             date
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
                           Regulation 39--Nitrogen Oxides (NO<INF>X</INF>) Budget Trading Program
----------------------------------------------------------------------------------------------------------------
Section 1........................  Purpose.............     12/11/00  5/17/01 Federal       [Use this section as
                                                                       Register cite.        necessary to
                                                                                             explain exceptions
                                                                                             or limitations]
Section 2........................  Emission Limitation.     12/11/00
Section 3........................  Applicability.......     12/11/00
Section 4........................  Definitions.........     12/11/00
Section 5........................  General Provisions..     12/11/00
Section 6........................  NO<INF>X</INF> Authorized           12/11/00
                                    Account
                                    Representative for
                                    NO<INF>X</INF> Budget Sources.
Section 7........................  Permits.............     12/11/00
Section 8........................  Monitoring and           12/11/00
                                    Reporting.
Section 9........................  NATS................     12/11/00
Section 10.......................  NO<INF>X</INF> Allowance            12/11/00
                                    Transfers.
Section 11.......................  Compliance               12/11/00
                                    Certification.
Section 12.......................  End-of-Season            12/11/00
                                    Reconciliation.
Section 13.......................  Failure to Meet          12/11/00
                                    Compliance
                                    Requirements.
Section 14.......................  Individual Unit Opt-     12/11/00
                                    Ins.
Section 15.......................  General Accounts....     12/11/00
Appendix ``A''...................  Allowance                12/11/00
                                    Allocations to NO<INF>X</INF>
                                    Budget Units.
Appendix ``B''...................  Regulation No. 37--      12/11/00
                                    Regulation No. 39
                                    Program Transition.
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------


[FR Doc. 01-12351 Filed 5-16-01; 8:45 am]
BILLING CODE 6560-50-P


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