Federal Register / Vol. 76, No. 10 / Friday, January 14, 2011 / Rules and Regulations 2589 

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? 

* * * * * 

(b) * * * 

(6) Wyoming; 

(7) Jefferson County, Kentucky. 

* * * * * 

[FR Doc. 2011–768 Filed 1–13–11; 8:45 am] 

BILLING CODE 6560–50–P 

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 


srobinson on DSKHWCL6B1PROD with RULES
2590 Federal Register / Vol. 76, No. 10 / Friday, January 14, 2011 / Rules and Regulations 

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 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 76, No. 10 / Friday, January 14, 2011 / Rules and Regulations 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] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart Z—Mississippi 

■ 2. In § 52.1270 (c) the table is 

amended by revising the following entry 

for ‘‘APC–S–5’’ to read as follows: 

§ 52.1270 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSISSIPPI REGULATIONS

State citation Title/subject State effective 

date 

EPA approval 

date Explanation 

*******

APC–S–5–Regulations for Prevention of Significant Deterioration for Air Quality 

All .................................. .............................................. 12/1/2010 12/29/2010 

75 FR 81858 

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. 

* * * * * 

[FR Doc. 2011–377 Filed 1–13–11; 8:45 am] 

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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: 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 

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 http://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 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in http:// 

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. 

FOR FURTHER INFORMATION CONTACT: 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 


srobinson on DSKHWCL6B1PROD with RULES