Approval and Promulgation of Implementation Plans; Mississippi: Prevention of Significant Deterioration; Nitrogen Oxides as a Precursor to Ozone; Correction, 2589-2591 [2011-377]
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Federal Register / Vol. 76, No. 10 / Friday, January 14, 2011 / Rules and Regulations
hexafluoride, Sulfur oxides, Volatile
organic compounds.
Dated: January 10, 2011.
Lisa P. Jackson,
Administrator.
For the reasons set out in the
preamble, title 40, chapter I of the Code
of Federal Regulations is revised 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.
2. Section 52.37 is amended by
revising paragraph (b)(6) and adding
paragraph (b)(7) to read as follows:
§ 52.37 What are the requirements of the
Federal Implementation plans (FIPs) to
issue permits under the Prevention of
Significant Deterioration requirements to
sources that emit greenhouse gases?
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*
*
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(b) * * *
(6) Wyoming;
(7) Jefferson County, Kentucky.
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[FR Doc. 2011–768 Filed 1–13–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
Approval and Promulgation of
Implementation Plans; Mississippi:
Prevention of Significant Deterioration;
Nitrogen Oxides as a Precursor to
Ozone; Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correction and
clarification.
AGENCY:
EPA is publishing today’s
notice to correct the regulatory table in
the Code of Federal Regulations for
Mississippi’s state implementation plan
(SIP) to clarify that the version of
Mississippi’s Prevention of Significant
Deterioration (PSD) regulations
incorporated into Mississippi’s SIP on
and after the January 19, 2011, effective
date of the SIP revision approved by
EPA on December 20, 2010, will be the
version promulgated by the State on
October 28, 2010 (state-effective date
December 1, 2010), and approved by
EPA on December 29, 2010. This
version of Mississippi’s PSD regulations
includes both a SIP revision approved
by EPA on December 20, 2010, and a
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On
November 28, 2007, Mississippi
submitted a SIP revision to EPA to
revise its SIP-approved PSD permitting
regulations to address the requirements
of the Ozone Implementation New
Source Review Update to include the
consideration of NOX as an ozone
precursor. Specifically, Mississippi’s
November 28, 2007, SIP revision made
changes to Mississippi’s air quality
regulations, APC–S–5—Regulations for
Prevention of Significant Deterioration,
to incorporate by reference the
provisions at 40 CFR 52.21 as amended
and promulgated as of June 15, 2007. On
December 20, 2010, EPA published a
final rule approving Mississippi’s
November 28, 2007, SIP revision
(following a proposal and receiving no
comments). See 75 FR 78300. According
to the December 20, 2010, action, the
effective date of EPA’s December 20,
2010, final rule approving Mississippi’s
November 28, 2007, SIP revision is
January 19, 2011. The January 19, 2011,
effective date is now being corrected
and clarified in today’s action. This is
necessary due to EPA taking final action
on two SIP revisions so closely in time
and to avoid any confusion regarding
SUPPLEMENTARY INFORMATION:
[EPA–R04–OAR–2009–0041–201058(c);
FRL–9250–4]
VerDate Mar<15>2010
This action is effective January
19, 2011.
ADDRESSES: Copies of the
documentation used in the action being
corrected are available for inspection
during normal business hours at the
following location: U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303–
8960. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Ms.
Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Ms.
Benjamin can be reached at 404–562–
9040, or via electronic mail at
benjamin.lynorae@epa.gov.
DATES:
■
SUMMARY:
SIP revision approved by EPA on
December 29, 2010. No new SIP
revisions are approved by today’s
notice. Today’s notice clarifies that the
revision identified in EPA’s December
20, 2010, final action (adding nitrogen
oxides (NOX) as a precursor to ozone for
PSD purposes) was included in the PSD
rules that were incorporated into the SIP
by EPA’s December 29, 2010, final
action regarding greenhouse gases
(GHGs).
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2589
which SIP rules are in effect in
Mississippi.
On December 9, 2010, Mississippi
submitted another SIP revision to EPA
to revise its SIP-approved PSD
permitting regulations to establish
appropriate thresholds for determining
which new stationary sources and
modification projects become subject to
Mississippi’s PSD permitting
requirements for their GHG emissions.
Specifically, Mississippi’s December 9,
2010, SIP revision made further changes
to Mississippi’s air quality regulations,
APC–S–5—Regulations for Prevention
of Significant Deterioration, to
incorporate by reference the provisions
at 40 CFR 52.21 as amended and
promulgated as of September 13, 2010.
EPA published a final rule approving
Mississippi’s December 9, 2010, SIP
revision on December 29, 2010, and
used the ‘‘good cause’’ clause to make
the effective date of that final EPA
action January 2, 2011. See 75 FR 81858.
The Mississippi rules at issue in EPA’s
December 29, 2010, final action and
EPA’s December 20, 2010, final action
were different versions of the same
rules—thus resulting in potentially
conflicting effective dates. In today’s
action, EPA is clarifying that both
actions are final and that the rules in
effect per the December 29, 2010, action
are the rules that are approved into
Mississippi’s SIP and that are in effect
in Mississippi.
To clarify the rules in the SIP, as part
of today’s action, EPA is correcting the
regulatory table that identifies
Mississippi’s SIP to clarify which
version of Mississippi’s air quality
regulations related to PSD permitting
requirements will be in the SIP on and
after January 19, 2011. Specifically, EPA
is clarifying that it is not EPA’s intent
to supersede EPA’s approval of
Mississippi’s December 9, 2010, SIP
revision, with EPA’s approval of
Mississippi’s November 28, 2007, SIP
revision. Rather, the version of
Mississippi’s PSD regulations
incorporated into Mississippi’s SIP on
and after the January 19, 2011, effective
date of the SIP revisions approved by
EPA on December 20, 2010, will be the
version promulgated by the State on
October 28, 2010 (state-effective date
December 1, 2010), with the exception
of certain language identified in EPA’s
December 29, 2010, notice. This version
of Mississippi’s PSD regulations
includes both the SIP revision approved
by EPA on December 20, 2010, and the
SIP revision approved by EPA on
December 29, 2010. No new SIP
revisions are approved by today’s
action—this is simply a correction and
clarification due to potentially
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conflicting effective dates of EPA’s
previous final actions. This clarification
is necessary solely as a result of the
inadvertent timing of EPA’s approval of
Mississippi’s two SIP revisions relating
to different versions of the same rule,
APC–S–5—Regulations for Prevention
of Significant Deterioration, and the
effective dates of those SIP revisions.
The version of APC–S–5 that was
approved into the SIP on December 29,
2010, with an effective date of January
2, 2011, is the version that is approved
into the Mississippi SIP and in effect in
Mississippi.
EPA has determined that today’s
action falls under the ‘‘good cause’’
exemption in section 553(b)(3)(B) of the
Administrative Procedure Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation where public notice
and comment procedures are
impracticable, unnecessary, or contrary
to the public interest. Public notice and
comment for this action are unnecessary
because today’s action clarifying the
version of APC–S–5—Regulations for
Prevention of Significant Deterioration
that is approved in Mississippi’s SIP as
of January 19, 2011, has no substantive
impact on EPA’s December 20, 2010,
approval, as the provisions related to
NOX as a precursor for ozone
incorporated by reference into
Mississippi’s November 28, 2007, SIP
revision are the same as those
provisions incorporated by reference
into Mississippi’s December 9, 2010, SIP
revision. EPA can identify no reason
why the public would benefit from
having an opportunity to comment on
this correction prior to this action being
finalized, since this correction action
does not approve any new revisions to
Mississippi’s SIP or alter EPA’s
rationale for its prior action approving
Mississippi’s adoption of NOX as a
precursor for ozone for PSD permitting
purposes.
EPA also finds that there is good
cause under APA section 553(d)(3) for
this correction to become effective on
January 19, 2011. Section 553(d)(3) of
the APA allows an effective date less
than 30 days after publication ‘‘as
otherwise provided by the agency for
good cause found and published with
the rule.’’ 5 U.S.C. 553(d)(3). The
purpose of the 30-day waiting period
prescribed in APA section 553(d)(3) is
to give affected parties a reasonable time
to adjust their behavior and prepare
before the final rule takes effect. Today’s
rule, however, does not create any new
regulatory requirements such that
affected parties would need time to
prepare before the rule takes effect.
Rather, today’s action merely clarifies
VerDate Mar<15>2010
17:19 Jan 13, 2011
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which version of Mississippi’s air
quality regulations at APC–S–5—
Regulations for Prevention of Significant
Deterioration are in effect on and after
January 19, 2011. For these reasons,
EPA finds good cause under APA
section 553(d)(3) for this correction to
become effective on the date of
publication of this action.
Statutory and Executive Order Reviews
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. 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 makes a
correction to the regulatory table in
Mississippi’s SIP to clarify which
version of APC–S–5—Regulations for
Prevention of Significant Deterioration
will be in effect on and after January 19,
2011, relating to a SIP revision EPA
approved on December 20, 2010, 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 merely makes
a correction to the regulatory table in
Mississippi’s SIP to clarify which
version of APC–S–5—Regulations for
Prevention of Significant Deterioration
will be effect on and after January 19,
2011, 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. 104–4).
This rule also does not have Tribal
implications because it will 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). This
rule also does not have Federalism
implications because it does not 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,
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August 10, 1999). This rule merely
makes a correction to the regulatory
table to clarify which version of APC–
S–5—Regulations for Prevention of
Significant Deterioration will be in
effect on and after January 19, 2011, and
does not alter the relationship or the
distribution of power and
responsibilities established in the Clean
Air Act (CAA). This rule also is not
subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant. In addition, this rule does
not involve technical standards, 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. This rule also
does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. section 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. 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).
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 March 15, 2011. 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 may not
be challenged later in proceedings to
enforce its requirements. (See CAA
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Greenhouse gases,
Incorporation by reference,
Intergovernmental relations, Ozone,
Nitrogen dioxide, Volatile organic
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compounds, and Reporting and
recordkeeping requirements.
PART 52—[AMENDED]
Subpart Z—Mississippi
Dated: January 3, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
■
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42.U.S.C. 7401 et seq.
2. In § 52.1270 (c) the table is
amended by revising the following entry
for ‘‘APC–S–5’’ to read as follows:
§ 52.1270
40 CFR part 52 is amended as follows:
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED MISSISSIPPI REGULATIONS
State citation
*
*
All ..................................
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–HQ–OAR–2010–0107; FRL–9253–2]
Action To Ensure Authority To Issue
Permits Under the Prevention of
Significant Deterioration Program to
Sources of Greenhouse Gas
Emissions: Finding of Failure To
Submit State Implementation Plan
Revision Required of Louisville Metro
Air Pollution Control District for
Jefferson County, KY
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The EPA is making a finding
that the Louisville Metro Air Pollution
Control District (LMAPCD) has failed to
submit a revision to its EPA-approved
state implementation plan (SIP) for
Jefferson County, Kentucky, to satisfy
requirements of the Clean Air Act (CAA)
to apply Prevention of Significant
Deterioration (PSD) requirements to
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SUMMARY:
18:39 Jan 13, 2011
EPA approval
date
Explanation
*
*
*
*
APC–S–5–Regulations for Prevention of Significant Deterioration for Air Quality
[FR Doc. 2011–377 Filed 1–13–11; 8:45 am]
VerDate Mar<15>2010
State effective
date
Title/subject
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12/1/2010
12/29/2010
75 FR 81858
greenhouse gas (GHG)-emitting sources.
By notice dated December 13, 2010,
EPA issued a ‘‘SIP call’’ for 13 states
(comprising 15 state and local programs,
including Kentucky’s LMAPCD),
requiring each state to revise its SIP as
necessary to correct the SIP’s failure to
apply PSD to such sources and
establishing a SIP submittal deadline for
each state. By this action, EPA is making
a finding that the LMAPCD has failed to
submit the required SIP revision by
January 1, 2011, which is the SIP
submittal deadline that EPA established
in the SIP call for LMAPCD. This
finding requires EPA to promulgate a
federal implementation plan (FIP) for
Jefferson County, Kentucky, applying
PSD to GHG-emitting sources, and EPA
is taking a separate action to promulgate
the FIP immediately.
DATES: This action is effective on
January 14, 2011.
ADDRESSES: EPA has established a
docket for this rulemaking under Docket
ID No. EPA–HQ–OAR–2010–0107. All
documents in the docket are listed in
the https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
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*
APC–S–5 incorporates by reference the regulations found at 40 CFR 52.21 as of September 13, 2010. This EPA action is approving the incorporation by reference with the
exception of the phrase ‘‘except ethanol production facilities producing ethanol by natural
fermentation under the North American Industry Classification System (NAICS) codes
325193 or 312140,’’ APC–S–5 incorporated
by reference from 40 CFR 52.21(b)(1)(i)(a)
and (b)(1(iii)(t) APC–S–5. In addition, this
EPA action is not incorporating by reference,
into the Mississippi SIP, the administrative
regulations that were amended in the Fugitive Emissions Rule (73 FR 77882) and are
stayed through October 3, 2011.
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in https://
www.regulations.gov or in hard copy at
the U.S. Environmental Protection
Agency, Air Docket, EPA/DC, EPA West
Building, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742.
Ms.
Lisa Sutton, Air Quality Policy Division,
Office of Air Quality Planning and
Standards (C504–03), Environmental
Protection Agency, Research Triangle
Park, NC 27711; telephone number:
(919) 541–3450; fax number: (919) 541–
5509; e-mail address:
sutton.lisa@epa.gov. For information
regarding the Louisville Metro Air
Pollution Control District permitting
authority, contact Ms. Lynorae
Benjamin, Chief, Regulatory
Development Section, Air Planning
FOR FURTHER INFORMATION CONTACT:
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]]>Agencies
[Federal Register Volume 76, Number 10 (Friday, January 14, 2011)]
[Rules and Regulations]
[Pages 2589-2591]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-377]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2009-0041-201058(c); FRL-9250-4]
Approval and Promulgation of Implementation Plans; Mississippi:
Prevention of Significant Deterioration; Nitrogen Oxides as a Precursor
to Ozone; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction and clarification.
-----------------------------------------------------------------------
SUMMARY: EPA is publishing today's notice to correct the regulatory
table in the Code of Federal Regulations for Mississippi's state
implementation plan (SIP) to clarify that the version of Mississippi's
Prevention of Significant Deterioration (PSD) regulations incorporated
into Mississippi's SIP on and after the January 19, 2011, effective
date of the SIP revision approved by EPA on December 20, 2010, will be
the version promulgated by the State on October 28, 2010 (state-
effective date December 1, 2010), and approved by EPA on December 29,
2010. This version of Mississippi's PSD regulations includes both a SIP
revision approved by EPA on December 20, 2010, and a SIP revision
approved by EPA on December 29, 2010. No new SIP revisions are approved
by today's notice. Today's notice clarifies that the revision
identified in EPA's December 20, 2010, final action (adding nitrogen
oxides (NOX) as a precursor to ozone for PSD purposes) was
included in the PSD rules that were incorporated into the SIP by EPA's
December 29, 2010, final action regarding greenhouse gases (GHGs).
DATES: This action is effective January 19, 2011.
ADDRESSES: Copies of the documentation used in the action being
corrected are available for inspection during normal business hours at
the following location: U.S. Environmental Protection Agency, Region 4,
61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ms. Lynorae Benjamin, Chief,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Ms.
Benjamin can be reached at 404-562-9040, or via electronic mail at
benjamin.lynorae@epa.gov.
SUPPLEMENTARY INFORMATION: On November 28, 2007, Mississippi submitted
a SIP revision to EPA to revise its SIP-approved PSD permitting
regulations to address the requirements of the Ozone Implementation New
Source Review Update to include the consideration of NOX as
an ozone precursor. Specifically, Mississippi's November 28, 2007, SIP
revision made changes to Mississippi's air quality regulations, APC-S-
5--Regulations for Prevention of Significant Deterioration, to
incorporate by reference the provisions at 40 CFR 52.21 as amended and
promulgated as of June 15, 2007. On December 20, 2010, EPA published a
final rule approving Mississippi's November 28, 2007, SIP revision
(following a proposal and receiving no comments). See 75 FR 78300.
According to the December 20, 2010, action, the effective date of EPA's
December 20, 2010, final rule approving Mississippi's November 28,
2007, SIP revision is January 19, 2011. The January 19, 2011, effective
date is now being corrected and clarified in today's action. This is
necessary due to EPA taking final action on two SIP revisions so
closely in time and to avoid any confusion regarding which SIP rules
are in effect in Mississippi.
On December 9, 2010, Mississippi submitted another SIP revision to
EPA to revise its SIP-approved PSD permitting regulations to establish
appropriate thresholds for determining which new stationary sources and
modification projects become subject to Mississippi's PSD permitting
requirements for their GHG emissions. Specifically, Mississippi's
December 9, 2010, SIP revision made further changes to Mississippi's
air quality regulations, APC-S-5--Regulations for Prevention of
Significant Deterioration, to incorporate by reference the provisions
at 40 CFR 52.21 as amended and promulgated as of September 13, 2010.
EPA published a final rule approving Mississippi's December 9, 2010,
SIP revision on December 29, 2010, and used the ``good cause'' clause
to make the effective date of that final EPA action January 2, 2011.
See 75 FR 81858. The Mississippi rules at issue in EPA's December 29,
2010, final action and EPA's December 20, 2010, final action were
different versions of the same rules--thus resulting in potentially
conflicting effective dates. In today's action, EPA is clarifying that
both actions are final and that the rules in effect per the December
29, 2010, action are the rules that are approved into Mississippi's SIP
and that are in effect in Mississippi.
To clarify the rules in the SIP, as part of today's action, EPA is
correcting the regulatory table that identifies Mississippi's SIP to
clarify which version of Mississippi's air quality regulations related
to PSD permitting requirements will be in the SIP on and after January
19, 2011. Specifically, EPA is clarifying that it is not EPA's intent
to supersede EPA's approval of Mississippi's December 9, 2010, SIP
revision, with EPA's approval of Mississippi's November 28, 2007, SIP
revision. Rather, the version of Mississippi's PSD regulations
incorporated into Mississippi's SIP on and after the January 19, 2011,
effective date of the SIP revisions approved by EPA on December 20,
2010, will be the version promulgated by the State on October 28, 2010
(state-effective date December 1, 2010), with the exception of certain
language identified in EPA's December 29, 2010, notice. This version of
Mississippi's PSD regulations includes both the SIP revision approved
by EPA on December 20, 2010, and the SIP revision approved by EPA on
December 29, 2010. No new SIP revisions are approved by today's
action--this is simply a correction and clarification due to
potentially
[[Page 2590]]
conflicting effective dates of EPA's previous final actions. This
clarification is necessary solely as a result of the inadvertent timing
of EPA's approval of Mississippi's two SIP revisions relating to
different versions of the same rule, APC-S-5--Regulations for
Prevention of Significant Deterioration, and the effective dates of
those SIP revisions. The version of APC-S-5 that was approved into the
SIP on December 29, 2010, with an effective date of January 2, 2011, is
the version that is approved into the Mississippi SIP and in effect in
Mississippi.
EPA has determined that today's action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation where public notice and
comment procedures are impracticable, unnecessary, or contrary to the
public interest. Public notice and comment for this action are
unnecessary because today's action clarifying the version of APC-S-5--
Regulations for Prevention of Significant Deterioration that is
approved in Mississippi's SIP as of January 19, 2011, has no
substantive impact on EPA's December 20, 2010, approval, as the
provisions related to NOX as a precursor for ozone
incorporated by reference into Mississippi's November 28, 2007, SIP
revision are the same as those provisions incorporated by reference
into Mississippi's December 9, 2010, SIP revision. EPA can identify no
reason why the public would benefit from having an opportunity to
comment on this correction prior to this action being finalized, since
this correction action does not approve any new revisions to
Mississippi's SIP or alter EPA's rationale for its prior action
approving Mississippi's adoption of NOX as a precursor for
ozone for PSD permitting purposes.
EPA also finds that there is good cause under APA section 553(d)(3)
for this correction to become effective on January 19, 2011. Section
553(d)(3) of the APA allows an effective date less than 30 days after
publication ``as otherwise provided by the agency for good cause found
and published with the rule.'' 5 U.S.C. 553(d)(3). The purpose of the
30-day waiting period prescribed in APA section 553(d)(3) is to give
affected parties a reasonable time to adjust their behavior and prepare
before the final rule takes effect. Today's rule, however, does not
create any new regulatory requirements such that affected parties would
need time to prepare before the rule takes effect. Rather, today's
action merely clarifies which version of Mississippi's air quality
regulations at APC-S-5--Regulations for Prevention of Significant
Deterioration are in effect on and after January 19, 2011. For these
reasons, EPA finds good cause under APA section 553(d)(3) for this
correction to become effective on the date of publication of this
action.
Statutory and Executive Order Reviews
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. 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 makes a correction to the regulatory table in Mississippi's SIP
to clarify which version of APC-S-5--Regulations for Prevention of
Significant Deterioration will be in effect on and after January 19,
2011, relating to a SIP revision EPA approved on December 20, 2010, 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 merely makes a correction to the regulatory table in
Mississippi's SIP to clarify which version of APC-S-5--Regulations for
Prevention of Significant Deterioration will be effect on and after
January 19, 2011, 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. 104-4).
This rule also does not have Tribal implications because it will
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). This rule also does not have Federalism
implications because it does not 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). This rule merely makes a correction to the
regulatory table to clarify which version of APC-S-5--Regulations for
Prevention of Significant Deterioration will be in effect on and after
January 19, 2011, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act (CAA). This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant. In addition, this rule does not involve technical
standards, 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. This rule also does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. section 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. 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).
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 March 15, 2011. 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 may not be challenged later in proceedings to enforce its
requirements. (See CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Greenhouse gases,
Incorporation by reference, Intergovernmental relations, Ozone,
Nitrogen dioxide, Volatile organic
[[Page 2591]]
compounds, and Reporting and recordkeeping requirements.
Dated: January 3, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
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 Z--Mississippi
0
2. In Sec. 52.1270 (c) the table is amended by revising the following
entry for ``APC-S-5'' to read as follows:
Sec. 52.1270 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Mississippi Regulations
----------------------------------------------------------------------------------------------------------------
State effective EPA approval
State citation Title/subject date date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
APC-S-5-Regulations for Prevention of Significant Deterioration for Air Quality
----------------------------------------------------------------------------------------------------------------
All............................ .................. 12/1/2010 12/29/2010 APC-S-5 incorporates
75 FR 81858 by reference the
regulations found at
40 CFR 52.21 as of
September 13, 2010.
This EPA action is
approving the
incorporation by
reference with the
exception of the
phrase ``except
ethanol production
facilities producing
ethanol by natural
fermentation under the
North American
Industry
Classification System
(NAICS) codes 325193
or 312140,'' APC-S-5
incorporated by
reference from 40 CFR
52.21(b)(1)(i)(a) and
(b)(1(iii)(t) APC-S-5.
In addition, this EPA
action is not
incorporating by
reference, into the
Mississippi SIP, the
administrative
regulations that were
amended in the
Fugitive Emissions
Rule (73 FR 77882) and
are stayed through
October 3, 2011.
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----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2011-377 Filed 1-13-11; 8:45 am]
BILLING CODE 6560-50-P
