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CFR Citation: 40 CFR Part 52

EPA ID: [EPA-R03-OAR-2007-1188; FRL-8537-5]

NOTICE: PROPOSED RULES

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY: Approval and Promulgation of Air Quality Implementation Plans; Delaware; Control of Stationary Generator Emissions

DATES: Written comments must be received on or before April 4, 2008.

DOCUMENT SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Delaware. This SIP revision contains provisions to control emissions from stationary generators. This action is being taken under the Clean Air Act (CAA).

SUMMARY: Approval and Promulgation of Air Quality Implementation Plans; Delaware; Control of Stationary Generator Emissions,

SUPPLEMENTAL INFORMATION

On November 1, 2007, the Delaware Department of Natural Resources and Environmental Control (DNREC) submitted a SIP revision for Regulation No. 1144Control of Stationary Generator Emissions. The SIP revision applies to new, existing, emergency, and distributed stationary generators.

II. Summary of SIP Revision

Regulation No. 1144 will impact any owner of a stationary generator, except the owner of any of the following: mobile generator; residential generator for emergency power use only; certain generators whose emissions are already controlled; or generators with a standby power rating of 10 kilowatts or less. Regulation No. 1144 establishes operating requirements, fuel sulfur content limits, and recordkeeping requirements for stationary generators. The regulation will also require stationary generators which operate at times other than during emergencies for testing or for maintenance to meet certain emission standards to reduce their emissions.

III. Proposed Action

EPA is proposing to approve the Delaware SIP revision for Regulation No. 1144Control of Stationary Generator Emissions submitted on November 1, 2007. This regulation will help ensure that the air emissions from new and existing stationary generators do not cause or contribute to the existing air quality problems with regard to groundlevel ozone and fine particulate matter, thereby adversely impacting public health, safety and welfare. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed action is not a ``significant regulatory action'' and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). This action merely proposes to approve state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this proposed 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 proposes to approve 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 (Pub. L. 1044). This proposed 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 proposes to approve a state rule implementing a Federal requirement, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This proposed rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it approves a state rule implementing a Federal standard.

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 proposed 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 proposed rule pertaining to Delaware's control of stationary generator emissions, does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

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

Dated: February 25, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E84256 Filed 3408; 8:45 am]
BILLING CODE 656050P

FOR FURTHER INFORMATION CONTACT Rose Quinto, (215) 814-2182, or by e- mail at quinto.rose@epa.gov.