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Approval and Promulgation of Air Quality Implementation Plans; Delaware; Update to Materials Incorporated by Reference

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Information about this document as published in the Federal Register.

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Environmental Protection Agency (EPA).


Final rule; administrative change.


EPA is updating the materials that are incorporated by reference (IBR) into the Delaware State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by the Delaware Department of Natural Resources and Environmental Control (DNREC) and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC, and the EPA Regional Office.


This action is effective September 24, 2013.


SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; the Air and Radiation Docket and Information Center, U.S. Environmental Protection Agency, 1301 Constitution Avenue NW., Room Number 3334, EPA West Building, Washington, DC 20460; or the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:​federal_​register/​code_​of_​federal_​regulations/​ibr_​locations.html.

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Sharon McCauley, (215) 814-3376 or by email at

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I. Background

The SIP is a living document which a state revises as necessary to address its unique air pollution problems. Therefore, EPA, from time to time, must take action on SIP revisions containing new and/or revised regulations as being part of the SIP. On May 22, 1997 (62 FR 27968), EPA revised the procedures for incorporating by reference Federally-approved SIPs, as a result of consultations between EPA and the Office of the Federal Register (OFR). The description of the revised SIP document, IBR procedures and “Identification of plan” format are discussed in further detail in the May 22, 1997 Federal Register document. On December 7, 1998 (63 FR 67407), EPA published a document in the Federal Register beginning the new IBR procedure for Delaware. On June 21, 2004 (69 FR 34285), April 3, 2007 (72 FR 15839), April 17, 2009 (74 FR 17771), and May 2, 2011 (76 FR 24372), EPA published updates to the IBR material for Delaware.

Since the publication of the last IBR update, EPA has approved the following regulatory changes to the following Delaware regulations:

A. Added Regulations

1. 7 DNREC regulation 1141 (Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products), section 4.0 (Adhesives and Sealants).

2. 29 Del C. chapter 58 (Laws Regulating the Conduct of Officers and Employees of the State), sections 5804, 5805 (part), 5806 (part), 5812, 5813 (part), 5813A (part), and 5815 (part).

B. Revised Regulations

1. 7 DNREC regulation 1102 (Permits), appendix A.

2. 7 DNREC regulation 1124 (Control of Volatile Organic Compound Emissions), sections 2.0 (Definitions), 8.0 (Handling, Storage, and Disposal of Volatile Organic Compounds (VOCs)), 12.0 (Surface Coating of Plastic Parts), 13.0 (Automobile and Light-Duty Truck Coating Operations), 16.0 (Paper Coating), 19.0 (Coating of Metal Furniture), 20.0 (Coating of Large Appliances), 22.0 (Coating of Miscellaneous Metal Parts), 23.0 (Coating of Flat Wood Panelling), 37.0 (Graphic Arts Systems), 45.0 (Industrial Cleaning Solvents), and 47.0 (Offset Lithographic Printing and Letterpress Printing).

3. 7 DNREC regulation 1125 (Requirements for Preconstruction Review), sections 1.0 through Section 3.0.

4. 7 DNREC regulation 1142 (Specific Emission Control Requirements), section 2.0 (Control of NOX Emissions from Industrial Boilers and Process Heaters at Petroleum Refineries).

II. EPA Action

In this action, EPA is announcing the update to the IBR material as of July 1, 2013. EPA is also correcting typographical errors and omissions found in the following table entries of paragraph 52.420(c): 7 DNREC regulation 1124, sections 8.0, 23.0, and 37.0.

EPA has determined that today's rule falls under the “good cause” exemption in section 553(b)(3)(B) of the Administrative Procedures Act (APA) which, upon finding “good cause,” authorizes agencies to dispense with public participation and section 553(d)(3) which allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). Today's rule simply codifies provisions which are already in effect as a matter of law in Federal and approved State programs. Under section 553 of the APA, an agency may find good cause where procedures are “impractical, unnecessary, or contrary to the public interest.” Public comment is “unnecessary” and “contrary to the public interest” since the codification only reflects existing law. Immediate notice in the CFR benefits the public by removing outdated citations and incorrect table entries.

III. Statutory and Executive Order Reviews

A. General Requirements

Under the Clean Air Act (CAA), the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:

  • Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);
  • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
  • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
  • does not contain any unfunded mandate or significantly or uniquely Start Printed Page 58466affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
  • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);
  • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
  • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);
  • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and
  • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

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 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

EPA has also determined that the provisions of section 307(b)(1) of the CAA pertaining to petitions for judicial review are not applicable to this action. Prior EPA rulemaking actions for each individual component of the Delaware SIP compilations had previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus, EPA sees no need in this action to reopen the 60-day period for filing such petitions for judicial review for this “Identification of plan” update action for Delaware.

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List of Subjects in 40 CFR Part 52

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Dated: July 31, 2013.

W.C. Early,

Acting Regional Administrator, Region III.

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is amended as follows:

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

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

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Subpart I—Delaware

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2. Section 52.420 is amended by:

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a. Revising paragraph (b).

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b. In paragraph (c), revising the entries for Regulation 1124, sections 8.0, 23.0, and 37.0.

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The revisions read as follows:

Identification of plan.
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(b) Incorporation by reference. (1) Material listed as incorporated by reference in paragraphs (c) and (d) was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The material incorporated is as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates on or after July 1, 2013 will be incorporated by reference in the next update to the SIP compilation.

(2)(i) EPA Region III certifies that the rules/regulations provided by EPA at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State implementation plan as of July 1, 2013.

(ii) EPA Region III certifies that the source-specific requirements provided by EPA at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated source specific requirements which have been approved in the notebook “40 CFR 52.420(d)—Source Specific Requirements” as part of the State implementation plan as of March 1, 2011. No additional revisions were made between March 1, 2011 and July 1, 2013.

(3) Copies of the materials incorporated by reference may be inspected at the EPA Region III Office at 1650 Arch Street, Philadelphia, PA 19103. For further information, call (215) 814-2108; the EPA, Air and Radiation Docket and Information Center, Room Number 3334, EPA West Building, 1301 Constitution Avenue NW., Washington, DC 20460. For further information, call (202) 566-1742; or 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:​federal_​register/​code_​of_​federal_​regulations/​ibr_​locations.html.

(c) EPA-approved regulations. Start Printed Page 58467

EPA-Approved Regulations and Statutes in the Delaware SIP

State regulation (7 DNREC 1100)Title/subjectState effective dateEPA approval dateAdditional explanation
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1124Control of Volatile Organic Compound Emissions
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Section 8.0Handling, Storage, and Disposal of Volatile Organic Compounds (VOCs)3/11/114/13/12, 77 FR 22224
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Section 23.0Coating of Flat Wood Panelling3/11/114/13/12, 77 FR 22224
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Section 37.0Graphic Arts Systems3/11/114/13/12 77 FR 22224Amended to add “flexible packaging printing” to the regulated category.
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[FR Doc. 2013-23095 Filed 9-23-13; 8:45 am]