[Federal Register Volume 75, Number 239 (Tuesday, December 14, 2010)]
[Rules and Regulations]
[Pages 77758-77760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31220]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0435; FRL-9237-9]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Limiting Emissions of Volatile Organic Compounds From
Portable Fuel Containers
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve a revision to
Delaware's State Implementation Plan (SIP). This SIP revision includes
an amendment to Delaware's regulation for Volatile Organic Compounds
(VOC) from Consumer and Commercial Products, Section 3.0--Portable Fuel
Containers. This amendment will reduce VOC emissions from portable fuel
containers, and therefore, will help Delaware attain and maintain the
national ambient air quality standard (NAAQS) for ozone. This action is
being taken under the Clean Air Act (CAA).
DATES: This rule is effective on February 14, 2011 without further
notice, unless EPA receives adverse written comment by January 13,
2011. 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: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0435 by one of the following methods:
A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: [email protected].
C. Mail: EPA-R03-OAR-2010-0435, Marilyn Powers, Acting Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: 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.
[[Page 77759]]
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2010-0435. 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, 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 during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Delaware Department of Natural
Resources and Environmental Control, 89 Kings Highway, P.O. Box 1401,
Dover, Delaware 19903.
FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by
e-mail at [email protected].
SUPPLEMENTARY INFORMATION: On April 1, 2010, Delaware submitted to EPA
a SIP revision concerning Delaware's regulation for reducing VOCs from
portable fuel containers (i.e. gas cans) in Delaware (Regulation No.
1141--Limiting Emissions of Volatile Organic Compounds from Consumer
and Commercial Products, Section 3.0--Portable Fuel Containers).
I. Background
Regulation No. 1141--Limiting Emissions of Volatile Organic
Compounds from Consumer and Commercial Products, Section 3.0--Portable
Fuel Containers is concerned specifically with the use of portable fuel
containers and reducing refueling emissions from equipment and engines
that are predominantly refueled with portable containers. On November
22, 2002 (67 FR 57776), EPA approved the previous version of Section
3.0.
Effective January 1, 2009, the EPA began to regulate emissions from
portable fuel containers (see, 72 FR 8428). The Federal rule provides
more stringent emission control of portable fuel containers, and
thereby achieves greater VOC emission reductions than the current
Delaware regulation. Delaware, therefore, revised Regulation No. 1141
such that it does not apply to portable fuel containers manufactured on
and after January 1, 2009, and that Delaware instead rely on the
Federal rule to control emissions from this source.
II. Summary of SIP Revision
On April 1, 2010, the Delaware Department of Natural Resources and
Environmental Control (DNREC) submitted a revision to the Delaware
State Implementation Plan (SIP) that consists of Delaware's regulation
for reducing volatile organic compounds (VOCs) from portable fuel
containers (i.e. gas cans) in Delaware (Regulation No. 1141--Limiting
Emissions of Volatile Organic Compounds from Consumer and Commercial
Products, Section 3.0--Portable Fuel Containers). The revision to
Regulation No. 1141 amends existing Section 3.0--Portable Fuel
Containers. The effective date of this regulation was April 11, 2010.
Regulation No. 1141, Section 3.0 is revised to apply to any
portable fuel container or spout or both portable fuel container and
spout manufactured between January 1, 2003 and December 31, 2008. It
eliminates the applicability of Section 3.0 to portable fuel containers
manufactured on and after January 1, 2009, and instead these portable
fuel containers are regulated by Federal regulation (see, 72 FR 8428).
III. Final Action
EPA is approving the Delaware SIP revision pertaining to Delaware's
adoption of the Federal rule for portable fuel containers. This
revision will result in greater VOC emission reductions from portable
fuel containers, continuing to help Delaware attain and maintain NAAQS
for ozone. 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 the SIP revision if adverse
comments are filed. This rule will be effective on February 14, 2011
without further notice unless EPA receives adverse comment by January
13, 2011. 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.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
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 affect small governments, as described
[[Page 77760]]
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 Clean Air Act; 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 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 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 February 14, 2011. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action pertaining to Delaware's portable
fuel containers regulation 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, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: November 30, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
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40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart I--Delaware
0
2. In Sec. 52.420, the table in paragraph (c) is amended by revising
the entry for Regulation 1141, Section 3.0 to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Delaware SIP
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State effective Additional
State regulation (7 DNREC 1100) Title/subject date EPA approval date explanation
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* * * * * * *
1141............................ Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial
Products
* * * * * * *
Section 3.0..................... Portable Fuel 4/11/10........... 12/14/10 [Insert
Containers. page number where
the document
begins].
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[FR Doc. 2010-31220 Filed 12-13-10; 8:45 am]
BILLING CODE 6560-50-P