Updating Cross-References for the Oklahoma State Implementation Plan, 11963-11965 [2011-4907]
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Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Rules and Regulations
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
jdjones on DSK8KYBLC1PROD with RULES2
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA)
(15 U.S.C. 272 note) directs agencies to
use voluntary consensus standards in
their regulatory activities unless the
agency provides Congress, through the
Office of Management and Budget, with
an explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves implementation of regulations
within 33 CFR part 165, applicable to
safety zones on the navigable
waterways. This zone will allow for
maintenance dredging and debris
disposal where no new depths are
required, applicable permits have been
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secured, and disposal will be at an
existing approved disposal site. An
environmental analysis checklist and a
categorical exclusion determination are
available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
11963
commissioned warrant or petty officer
who has been authorized by the Captain
of the Port to act on her behalf.
Dated: February 28, 2011.
Meredith L. Austin,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2011–4973 Filed 3–3–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
[EPA–HQ–OAR–2009–0517; FRL–9275–7]
1. The authority citation for part 165
continues to read as follows:
Updating Cross-References for the
Oklahoma State Implementation Plan
■
Environmental Protection
Agency (EPA).
ACTION: Final rule; correcting
amendments.
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
AGENCY:
2. Add temporary § 165.T05–0127, to
read as follows
SUMMARY:
■
§ 165.T05–0127 Safety Zone; Delaware
River, Marcus Hook, PA
(a) Location. The boundary line for
the temporary safety zone starts at
position 39 48′44.51″ N, 75 24′38.76″ W
then East to position 39 48′29.33″ N, 75
24′27.88″ W, then South to 39 48′16.74″
N, 75 24′54.20″ W, then West to the
shoreline in the vicinity of Sunoco
Marcus Hook, in Marcus Hook, PA. All
coordinates reference Datum, NAD
1983.
(b) Effective period. This rule is
effective from 8 a.m. on March 3, 2011
through 10 p.m. on March 14, 2011.
(c) Regulations. All persons are
required to comply with the general
regulations governing safety zones in 33
CFR 165.23 of this part.
(1) No person may enter a safety zone
unless authorized by the COTP or the
District Commander,
(2) No person may bring or cause to
be brought into a safety zone any
vehicle, vessel, or object unless
authorized by the COTP or District
Commander,
(3) No person may remain in a safety
zone or allow any vehicle, vessel, or
object to remain in a safety zone unless
authorized by the COTP or the District
Commander,
(4) Each person in a safety zone who
has notice of a lawful order or direction
shall obey the order or direction of the
COTP or District Commander issued to
carry out the purposes of this subpart.
(d) Definitions. The Captain of the
Port means the Commanding Officer of
Sector Delaware Bay or any Coast Guard
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In this rule, EPA is making a
minor correction to the final rule titled,
‘‘Limitation of Approval of Prevention of
Significant Deterioration Provisions
Concerning Greenhouse Gas EmittingSources in State Implementation Plans’’
to correct the regulatory text related to
Oklahoma’s State Implementation Plan
(SIP). Region 6 approved revisions to
the Oklahoma SIP that recodified the
regulations. This approved
recodification took effect on December
27, 2010. This rule updates crossreferences in the regulatory text in light
of this recodification.
DATES: Effective Date: These correcting
amendments are effective on March 4,
2011.
The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2009–0517. 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., confidential business information
or other information whose disclosure is
restricted by statute. Certain other
material, such as 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 EPA Docket Center EPA/DC, EPA
West, 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
ADDRESSES:
E:\FR\FM\04MRR1.SGM
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11964
Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Rules and Regulations
number for the EPA Docket Center is
(202) 566–1742.
FOR FURTHER INFORMATION CONTACT:
Michael S. Brooks, U.S. EPA, Office of
Air Quality Planning and Standards, Air
Quality Policy Division, C504–05,
Research Triangle Park, NC 27711;
telephone number (919) 541–3539, email address: brooks.michaels@epa.gov.
SUPPLEMENTARY INFORMATION:
jdjones on DSK8KYBLC1PROD with RULES2
I. Background
On December 30, 2010, EPA
published a final rule titled, ‘‘Limitation
of Approval of Prevention of Significant
Deterioration Provisions Concerning
Greenhouse Gas Emitting-Sources in
State Implementation Plans’’ (SIP
Narrowing Rule) (75 FR 82536). This
rule was signed on December 23, 2010.
This final rule narrowed EPA’s previous
approval of SIP Prevention of
Significant Deterioration (PSD)
programs in 24 states that apply to GHGemitting sources. Specifically, in that
rule EPA withdrew its previous
approval of those programs to the extent
they applied PSD to GHG-emitting
sources below the thresholds in the final
Tailoring Rule, which EPA promulgated
by Federal Register notice dated June 3,
2010.
For a detailed description of the rule
titled, ‘‘Limitation of Approval of
Prevention of Significant Deterioration
Provisions Concerning Greenhouse Gas
Emitting-Sources in State
Implementation Plans,’’ please see the
rulemaking action which is available in
the Federal Register at (75 FR 82536).
II. Why are the corrections needed?
In the SIP Narrowing Rule, EPA
amended its approval of Oklahoma’s SIP
in 40 CFR 52.1929 by adding provision
40 CFR 52.1929(c), in which it crossreferenced specific provisions of
Oklahoma’s approved state PSD
program.
Separately, EPA Region 6 approved
revisions to the Oklahoma SIP that
recodified the regulations, including the
provisions that were cross-referenced by
the aforementioned SIP Narrowing Rule.
This approved recodification took effect
on December 27, 2010, in between the
dates the SIP Narrowing Rule was
signed and published. As a result, the
regulatory text within the SIP
Narrowing Rule related to the Oklahoma
SIP is no longer accurate as the SIP
provisions listed in the SIP Narrowing
Rule no longer cross-reference to the
portions of the state PSD program.
Therefore, EPA is correcting this error.
III. What is the rulemaking procedure?
The EPA is issuing this final rule
without prior proposal or the
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opportunity for public comment
because EPA finds that it is unnecessary
and not in the public interest to provide
such notice and opportunity for
comment. Section 553 of the
Administrative Procedure Act (APA), 5
U.S.C. 553(b)(B), provides that when an
Agency for good cause finds that notice
and public procedure are impracticable,
unnecessary, or contrary to public
interest, the Agency may issue a rule
without providing notice and an
opportunity to comment. Section
307(d)(1) of the Clean Air Act (CAA),
among other things, further provides
that CAA subsection 307(d) does not
apply when EPA has made a good cause
finding pursuant to subparagraph (B) of
APA subsection 553(b). (See 42 U.S.C.
7607(d)(1).) In this rule, EPA finds that
it is unnecessary and would serve no
useful purpose for EPA to provide an
opportunity for public comment
because the changes merely correct
minor, inadvertent, and nonsubstantive
errors. As explained above, the
correction to 40 CFR 52.1929(c)(4)(iii)
corrects minor, inadvertent errors in the
regulatory text. For these reasons, EPA
finds pursuant to APA section 553 that
good cause exists to promulgate this
final rule without publishing notice of
a proposed rule or providing an
opportunity for public comment.
Section 553(d)(3) also allows an
agency, upon a finding of good cause, to
make a rule effective immediately.
Because this action corrects minor,
inadvertent errors and helps to clarify
requirements in the underlying rules,
EPA finds good cause exists to make
these corrections effective immediately.
IV. Statutory and Executive Order
Reviews
This action only corrects minor,
inadvertent and nonsubstantive errors.
For that reason, this rule: Is not subject
to review by the Office of Management
and Budget under Executive Order
12866 Regulatory Planning and Review
(58 FR 51735, October 4, 1993); is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2); and does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
Because EPA found that for this action
it is unnecessary to issue a proposed
rule and invite public comment, this
action is also not subject to the
regulatory flexibility provisions of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.), or to sections 202 and 205 of the
Unfunded Mandates Reform Act of 1995
(UMRA) (Pub. L. 104–4). In addition,
this action does not significantly or
uniquely affect small governments or
impose a significant intergovernmental
PO 00000
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Fmt 4700
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mandate, as described in sections 203
and 204 of the UMRA.
The corrections do not have
substantial direct effects on the States,
or 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, Federalism (64
FR 43255; August 10, 1999).
This action also does not significantly
or uniquely affect the communities of
Tribal governments, as specified in
Executive Order 13175, Consultation
and Coordination with Indian Tribal
Governments (65 FR 67249, November
9, 2000). The corrections also are not
subject to Executive Order 13045,
Protection of Children from
Environmental Health and Safety Risks
(62 FR 19885, April 23, 1997) because
this action is not economically
significant.
The corrections are not subject to
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
22, 2001) because this action is not a
significant regulatory action under
Executive Order 12866.
The corrections do not involve
changes to technical standards related to
test methods or monitoring methods;
thus, the requirements of section 12(d)
of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272) do not apply.
The corrections also do not involve
special consideration of environmental
justice-related issues as required by
Executive Order 12898, Federal Actions
to Address Environmental Justice in
Minority Populations and Low-Income
Populations (59 FR 7629, February 16,
1994).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996 (SBREFA),
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. The EPA will submit a
report containing this final action and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the U.S. prior to publication
of this action in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). The final
rule will be effective on March 4, 2011.
The EPA’s compliance with the above
statutes and Executive Orders for the
E:\FR\FM\04MRR1.SGM
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Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Rules and Regulations
underlying rules is discussed in section
VII of the rule titled, ‘‘Limitation of
Approval of Prevention of Significant
Deterioration Provisions Concerning
Greenhouse Gas Emitting-Sources in
State Implementation Plans’’ at 75 FR
82549.
List of Subjects in 40 CFR Part 52
Administrative practice and
procedure, Air pollution control, Carbon
dioxide, Carbon dioxide equivalents,
Environmental protection, Greenhouse
gases, Hydrofluorocarbons,
Intergovernmental relations,
Incorporation by reference, Methane,
Nitrous oxide, Perfluorocarbons,
Reporting and recordkeeping
requirements, Sulfur hexafluoride.
Dated: February 24, 2011.
Lisa P. Jackson,
Administrator.
For the reasons stated in the
preamble, title 40, chapter I of the Code
of Federal Regulations is amended as set
forth below.
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
Subpart LL—Oklahoma
2. Section 52.1929 is amended by
revising paragraph (c)(4)(iii) to read as
follows:
■
§ 52.1929
quality.
Significant deterioration of air
jdjones on DSK8KYBLC1PROD with RULES2
*
*
*
*
*
(c) * * *
(4) * * *
(iii) The term emissions increase shall
mean that both a significant emissions
increase (as calculated using the EPAapproved procedures in Oklahoma Air
Pollution Control Regulation Title 252,
Chapter 100, Subchapter 8, Part 7) and
a significant net emissions increase (as
defined in the EPA-approved Oklahoma
Air Pollution Control Regulation
252:100–8–31, definitions for ‘‘net
emissions increase’’ and ‘‘significant’’
occur. For the pollutant GHGs, an
emissions increase shall be based on tpy
CO2e, and shall be calculated assuming
the pollutant GHGs is a regulated NSR
pollutant, and ‘‘significant’’ is defined as
75,000 tpy CO2e instead of applying the
value in 252:100–8–31 of the EPAapproved definition for ‘‘significant’’ of
Oklahoma’s Air Pollution Control
Regulations.
[FR Doc. 2011–4907 Filed 3–3–11; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2008–0021; FRL–8865–3]
Peroxyacetic Acid; Amendment to an
Exemption From the Requirement of a
Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation amends the
existing tolerance exemption for
peroxyacetic acid by establishing an
exemption from the requirement of a
tolerance for residues of the biochemical
pesticide peroxyacetic acid (PAA) and
its metabolites and degradates,
including hydrogen peroxide (HP) and
acetic acid (AA), in or on all food
commodities, when PAA is used as a
biochemical pesticide in accordance
with good agricultural practices. BioSafe
Systems, LLC submitted a petition to
EPA under the Federal Food, Drug, and
Cosmetic Act (FFDCA), requesting that
EPA amend the existing PAA tolerance
exemption. This regulation eliminates
the need to establish a maximum
permissible level for residues of PAA
under the FFDCA.
DATES: This regulation is effective
March 4, 2011. Objections and requests
for hearings must be received on or
before May 3, 2011, and must be filed
in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
SUMMARY:
EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2008–0021. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(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 in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the Office of
Pesticide Programs (OPP) Regulatory
Public Docket in Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal
ADDRESSES:
PO 00000
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11965
holidays. The Docket Facility telephone
number is (703) 305–5805.
FOR FURTHER INFORMATION CONTACT:
Cheryl Greene, Biopesticides and
Pollution Prevention Division (7511P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–0352; e-mail address:
greene.cheryl@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://
www.gpoaccess.gov/ecfr. To access the
harmonized test guidelines referenced
in this document electronically, please
go to https://www.epa.gov/ocspp and
select ‘‘Test Methods and Guidelines.’’
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a(g), any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2008–0021 in the subject line on
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]]>Agencies
[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Rules and Regulations]
[Pages 11963-11965]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4907]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-HQ-OAR-2009-0517; FRL-9275-7]
Updating Cross-References for the Oklahoma State Implementation
Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendments.
-----------------------------------------------------------------------
SUMMARY: In this rule, EPA is making a minor correction to the final
rule titled, ``Limitation of Approval of Prevention of Significant
Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources in
State Implementation Plans'' to correct the regulatory text related to
Oklahoma's State Implementation Plan (SIP). Region 6 approved revisions
to the Oklahoma SIP that recodified the regulations. This approved
recodification took effect on December 27, 2010. This rule updates
cross-references in the regulatory text in light of this
recodification.
DATES: Effective Date: These correcting amendments are effective on
March 4, 2011.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2009-0517. 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., confidential
business information or other information whose disclosure is
restricted by statute. Certain other material, such as 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 EPA Docket Center
EPA/DC, EPA West, 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
[[Page 11964]]
number for the EPA Docket Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Michael S. Brooks, U.S. EPA, Office of
Air Quality Planning and Standards, Air Quality Policy Division, C504-
05, Research Triangle Park, NC 27711; telephone number (919) 541-3539,
e-mail address: brooks.michaels@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 30, 2010, EPA published a final rule titled,
``Limitation of Approval of Prevention of Significant Deterioration
Provisions Concerning Greenhouse Gas Emitting-Sources in State
Implementation Plans'' (SIP Narrowing Rule) (75 FR 82536). This rule
was signed on December 23, 2010. This final rule narrowed EPA's
previous approval of SIP Prevention of Significant Deterioration (PSD)
programs in 24 states that apply to GHG-emitting sources. Specifically,
in that rule EPA withdrew its previous approval of those programs to
the extent they applied PSD to GHG-emitting sources below the
thresholds in the final Tailoring Rule, which EPA promulgated by
Federal Register notice dated June 3, 2010.
For a detailed description of the rule titled, ``Limitation of
Approval of Prevention of Significant Deterioration Provisions
Concerning Greenhouse Gas Emitting-Sources in State Implementation
Plans,'' please see the rulemaking action which is available in the
Federal Register at (75 FR 82536).
II. Why are the corrections needed?
In the SIP Narrowing Rule, EPA amended its approval of Oklahoma's
SIP in 40 CFR 52.1929 by adding provision 40 CFR 52.1929(c), in which
it cross-referenced specific provisions of Oklahoma's approved state
PSD program.
Separately, EPA Region 6 approved revisions to the Oklahoma SIP
that recodified the regulations, including the provisions that were
cross-referenced by the aforementioned SIP Narrowing Rule. This
approved recodification took effect on December 27, 2010, in between
the dates the SIP Narrowing Rule was signed and published. As a result,
the regulatory text within the SIP Narrowing Rule related to the
Oklahoma SIP is no longer accurate as the SIP provisions listed in the
SIP Narrowing Rule no longer cross-reference to the portions of the
state PSD program. Therefore, EPA is correcting this error.
III. What is the rulemaking procedure?
The EPA is issuing this final rule without prior proposal or the
opportunity for public comment because EPA finds that it is unnecessary
and not in the public interest to provide such notice and opportunity
for comment. Section 553 of the Administrative Procedure Act (APA), 5
U.S.C. 553(b)(B), provides that when an Agency for good cause finds
that notice and public procedure are impracticable, unnecessary, or
contrary to public interest, the Agency may issue a rule without
providing notice and an opportunity to comment. Section 307(d)(1) of
the Clean Air Act (CAA), among other things, further provides that CAA
subsection 307(d) does not apply when EPA has made a good cause finding
pursuant to subparagraph (B) of APA subsection 553(b). (See 42 U.S.C.
7607(d)(1).) In this rule, EPA finds that it is unnecessary and would
serve no useful purpose for EPA to provide an opportunity for public
comment because the changes merely correct minor, inadvertent, and
nonsubstantive errors. As explained above, the correction to 40 CFR
52.1929(c)(4)(iii) corrects minor, inadvertent errors in the regulatory
text. For these reasons, EPA finds pursuant to APA section 553 that
good cause exists to promulgate this final rule without publishing
notice of a proposed rule or providing an opportunity for public
comment.
Section 553(d)(3) also allows an agency, upon a finding of good
cause, to make a rule effective immediately. Because this action
corrects minor, inadvertent errors and helps to clarify requirements in
the underlying rules, EPA finds good cause exists to make these
corrections effective immediately.
IV. Statutory and Executive Order Reviews
This action only corrects minor, inadvertent and nonsubstantive
errors. For that reason, this rule: Is not subject to review by the
Office of Management and Budget under Executive Order 12866 Regulatory
Planning and Review (58 FR 51735, October 4, 1993); is not a ``major
rule'' as defined by 5 U.S.C. 804(2); and does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Because EPA found that
for this action it is unnecessary to issue a proposed rule and invite
public comment, this action is also not subject to the regulatory
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601
et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform
Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not
significantly or uniquely affect small governments or impose a
significant intergovernmental mandate, as described in sections 203 and
204 of the UMRA.
The corrections do not have substantial direct effects on the
States, or 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,
Federalism (64 FR 43255; August 10, 1999).
This action also does not significantly or uniquely affect the
communities of Tribal governments, as specified in Executive Order
13175, Consultation and Coordination with Indian Tribal Governments (65
FR 67249, November 9, 2000). The corrections also are not subject to
Executive Order 13045, Protection of Children from Environmental Health
and Safety Risks (62 FR 19885, April 23, 1997) because this action is
not economically significant.
The corrections are not subject to Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001) because this action is
not a significant regulatory action under Executive Order 12866.
The corrections do not involve changes to technical standards
related to test methods or monitoring methods; thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272) do not apply.
The corrections also do not involve special consideration of
environmental justice-related issues as required by Executive Order
12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),
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. The EPA will submit a report containing
this final action and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
U.S. prior to publication of this action in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). The final
rule will be effective on March 4, 2011.
The EPA's compliance with the above statutes and Executive Orders
for the
[[Page 11965]]
underlying rules is discussed in section VII of the rule titled,
``Limitation of Approval of Prevention of Significant Deterioration
Provisions Concerning Greenhouse Gas Emitting-Sources in State
Implementation Plans'' at 75 FR 82549.
List of Subjects in 40 CFR Part 52
Administrative practice and procedure, Air pollution control,
Carbon dioxide, Carbon dioxide equivalents, Environmental protection,
Greenhouse gases, Hydrofluorocarbons, Intergovernmental relations,
Incorporation by reference, Methane, Nitrous oxide, Perfluorocarbons,
Reporting and recordkeeping requirements, Sulfur hexafluoride.
Dated: February 24, 2011.
Lisa P. Jackson,
Administrator.
For the reasons stated in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as set forth below.
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 LL--Oklahoma
0
2. Section 52.1929 is amended by revising paragraph (c)(4)(iii) to read
as follows:
Sec. 52.1929 Significant deterioration of air quality.
* * * * *
(c) * * *
(4) * * *
(iii) The term emissions increase shall mean that both a
significant emissions increase (as calculated using the EPA-approved
procedures in Oklahoma Air Pollution Control Regulation Title 252,
Chapter 100, Subchapter 8, Part 7) and a significant net emissions
increase (as defined in the EPA-approved Oklahoma Air Pollution Control
Regulation 252:100-8-31, definitions for ``net emissions increase'' and
``significant'' occur. For the pollutant GHGs, an emissions increase
shall be based on tpy CO2e, and shall be calculated assuming
the pollutant GHGs is a regulated NSR pollutant, and ``significant'' is
defined as 75,000 tpy CO2e instead of applying the value in
252:100-8-31 of the EPA-approved definition for ``significant'' of
Oklahoma's Air Pollution Control Regulations.
[FR Doc. 2011-4907 Filed 3-3-11; 8:45 am]
BILLING CODE 6560-50-P
