In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 30, 2008. 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, pertaining to Delaware's regulation to control emissions from stationary generators, 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, Carbon monoxide, Incorporation by reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides.

Dated: April 15, 2008.
William T. Wisniewski,
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 IDelaware
2. In Sec. 52.420, the table in paragraph (c) is amended by adding entries for Regulation No. 1144Control of Stationary Generators Emissions at the end of the table to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
[[Page 23103]]
EPAApproved Regulations in the Delaware SIP State
State citation Title/subject effective EPA approval date Additional explanation date
* * * * * * * Regulation No. 1144 Control of Stationary Generator Emissions Section 1.0............... General........ 01/11/06 4/29/08 [Insert page number where the document begins]. Section 2.0............... Definitions.... 01/11/06 4/29/08 [Insert page number where the document begins]. Section 3.0............... Emissions...... 01/11/06 4/29/08 [Insert page number where the document begins]. Section 4.0............... Operating 01/11/06 4/29/08 [Insert page Requirements. number where the document begins]. Section 5.0............... Fuel 01/11/06 4/29/08 [Insert page Requirements. number where the document begins]. Section 6.0............... Record Keeping 01/11/06 4/29/08 [Insert page and Reporting. number where the document begins]. Section 7.0............... Emissions 01/11/06 4/29/08 [Insert page Certification, number where the document Compliance, begins]. and
Enforcement.
Section 8.0............... Credit for 01/11/06 4/29/08 [Insert page Concurrent number where the document Emissions begins]. Reductions.
Section 9.0............... DVFA Member 01/11/06 4/29/08 [Insert page Companies. number where the document begins]. * * * * *
[FR Doc. E89262 Filed 42808; 8:45 am]
BILLING CODE 656050P

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