79300 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Rules and Regulations 

Congressional Review Act 

This rule is not a major rule as 

defined by § 804 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (Congressional Review Act). This 

rule will not result in an annual effect 

on the economy of $100,000,000 or 

more; a major increase in costs or prices: 

or significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreign 

based companies in domestic and 

export markets. 

List of Subjects in 21 CFR Part 1308 

Administrative practice and 

procedure, Drug traffic control, 

Narcotics, Prescription drugs. 

Under the authority vested in the 

Attorney General by section 201(a) of 

the CSA (21 U.S.C. 811(a)), and 

delegated to the Administrator of DEA 

by Department of Justice regulations (28 

CFR 0.100), and redelegated to the 

Deputy Administrator pursuant to 28 

CFR 0.104, the Deputy Administrator 

hereby amends 21 CFR part 1308 as 

follows: 

PART 1308—SCHEDULES OF 

CONTROLLED SUBSTANCES 

■ 1. The authority citation for part 1308 

continues to read as follows: 

Authority: 21 U.S.C. 811, 812, 871(b) 

unless otherwise noted. 

■ 2. Section 1308.11 is amended by: 

■ A. Redesignating existing paragraphs 

(d)(15) through (d)(34) as paragraphs 

(d)(16) through (d)(35); and 

■ B. Adding a new paragraph (d)(15). 

§ 1308.11 Schedule I. 

* * * * * 

(d) * * * 

(15) 5-methoxy-N,Ndimethyltryptamine 7431. Some trade or 

other names: 5-methoxy-3-[2- 

(dimethylamino)ethyl]indole; 5-MeODMT 

* * * * * 

Dated: December 13, 2010. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. 2010–31854 Filed 12–17–10; 8:45 am] 

BILLING CODE 4410–09–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2009–0041–201058; FRL– 

9241–1] 

Approval and Promulgation of 

Implementation Plans; Mississippi; 

Prevention of Significant Deterioration 

Rules: Nitrogen Oxides as a Precursor 

to Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve a portion of a revision to the 

Mississippi State Implementation Plan 

(SIP), submitted by the Mississippi 

Department of Environmental Quality 

(MDEQ), to EPA on November 28, 2007. 

The revision amends Mississippi’s 

prevention of significant deterioration 

(PSD) permitting regulations in the SIP 

to address permit requirements 

promulgated in the 1997 8-Hour Ozone 

National Ambient Air Quality Standards 

(NAAQS) Implementation Rule-Phase II 

(hereafter referred to as the ‘‘Ozone 

Implementation New Source Review 

(NSR) Update’’). The Ozone 

Implementation NSR Update revised 

permit requirements relating to the 

implementation of the 1997 8-hour 

ozone NAAQS specifically 

incorporating nitrogen oxides (NOX) as 

a precursor to ozone. EPA’s approval of 

Mississippi’s provisions to include NOX

as an ozone precursor into the 

Mississippi SIP is based on EPA’s 

determination that Mississippi’s SIP 

revision related to these provisions 

complies with Federal requirements. 

DATES: Effective Date: This rule will be 

effective January 19, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2009–0041. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information 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 through http:// 

www.regulations.gov or in hard copy at 

the 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. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the Mississippi 

SIP, contact Ms. Twunjala Bradley, 

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. 

Telephone number: (404) 562–9352; email address: bradley.twunjala@epa.gov. 

For information regarding NSR/PSD, 

contact Ms. Yolanda Adams, Air 

Permits Section, at the same address 

above. Telephone number: (404) 562– 

9214; e-mail address: 

adams.yolanda@epa.gov. For 

information regarding 8-hour ozone 

NAAQS, contact Ms. Jane Spann, 

Regulatory Development Section, at the 

same address above. Telephone number: 

(404) 562–9029; e-mail address: 

spann.jane@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Today’s Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On July 18, 1997, EPA promulgated a 

revised 8-hour ozone NAAQS of 0.08 

parts per million—also referred to as the 

1997 8-hour ozone NAAQS. On April 

30, 2004, EPA designated areas as 

attainment, nonattainment and 

unclassifiable for the 1997 8-hour ozone 

NAAQS. As part of the 2004 

designations, EPA also promulgated an 

implementation rule for the 1997 8-hour 

ozone NAAQS in two phases. Phase I of 

EPA’s 1997 8-hour ozone 

implementation rule (Phase 1 Rule), 

published on April 30, 2004, and 

effective on June 15, 2004, provided the 

implementation requirements for 

designating areas under subpart 1 and 

subpart 2 of the CAA. 69 FR 23857. 

On November 29, 2005, EPA 

promulgated the second phase for 

implementation provisions related to 

the 1997 8-hour ozone NAAQS which 

finalized regulations to implement the 

8-hour NAAQS for PSD permitting 

purposes—also known as the Phase II 

Rule. 70 FR 71612. The Phase II Rule 

addressed control and planning 

requirements as they applied to areas 


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Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Rules and Regulations 79301 

designated nonattainment for the 1997 

8-hour ozone NAAQS which included 

NSR requirements. Specific to this 

rulemaking, the Phase II Rule made 

changes to Federal regulations 40 CFR 

51.165, 51.166, and 52.21, which govern 

the nonattainment (NNSR) and PSD 

permitting programs. The revisions to 

the NSR permitting requirements in the 

Phase II Rule are also known as the 

Ozone Implementation NSR Update. 

Specifically, the Phase II Rule 

requirements included, among other 

changes, a new provision stating that 

NOX is an ozone precursor. 70 FR 71612 

at 71679 (November 29, 2005). In the 

Phase II Rule, EPA stated as follows: 

‘‘The EPA has recognized NOX as an ozone 

precursor in several national rules because of 

its contribution to ozone transport and the 

ozone nonattainment problem. The EPA’s 

recognition of NOX as an ozone precursor is 

supported by scientific studies, which have 

long recognized the role of NOX in ozone 

formation and transport. Such formation and 

transport is not limited to nonattainment 

areas. Therefore, we believe NOX should be 

treated consistently as an ozone precursor in 

both our PSD and nonattainment NSR 

regulations. For these reasons we have 

promulgated final regulations providing that 

NOX is an ozone precursor * * *’’ 

In the Phase II Rule, EPA established 

that States must submit SIPs 

incorporating required changes 

(including the addition of NOX as a 

precursor for ozone) no later than June 

15, 2007. See 70 FR 71612 at 71683. 

On November 28, 2007, the State of 

Mississippi, through MDEQ, submitted 

a SIP revision to EPA for approval, 

which revised the PSD permitting 

regulations in order to comply with the 

Phase II Rule. This revision incorporates 

by reference EPA’s Federal regulations 

specified in the Ozone Implementation 

NSR Update relating to NOX as an ozone 

precursor. Specifically, the SIP revision 

amends Mississippi’s Air Quality 

Regulations, Air Pollution Control, 

Section 5 (APC–S–5)—‘‘Regulations for 

the Prevention of Significant 

Deterioration of Air Quality.’’ 

Mississippi’s November 28, 2007, SIP 

submittal revises the PSD regulations at 

APC–S–5 by updating their IBR date of 

Federal regulations promulgated in 40 

CFR 52.21. This final action addresses 

only one portion of the November 28, 

2007, submittal—the Ozone 

Implementation NSR Update 

requirements, as contained in 40 Code 

of Federal Regulations (CFR) 52.21 and 

promulgated on November 29, 2005, as 

part of EPA’s Ozone Implementation 

NSR Update. 

Also included in Mississippi’s 

November 28, 2007, SIP revision were 

two provisions for which EPA is not 

taking action at this time. The first 

provision is regarding Mississippi’s 

incorporation by reference of provisions 

promulgated by EPA on May 1, 2007, 

which excludes from the NSR major 

source permitting requirements 

‘‘chemical process plants’’ that produce 

ethanol through a natural fermentation 

process. EPA may consider further 

action for the aforementioned provision 

in a future rulemaking. The second is 

Mississippi’s compliance with Section 

110(a)(2)(D)(i) of the CAA regarding 

interstate air pollution transport for the 

1997 8-hour ozone and fine particulate 

matter NAAQS as it pertains to the 

prevention of significant deterioration of 

air quality and visibility. EPA is also not 

addressing Mississippi’s submission 

regarding interstate transport in today’s 

action. 

II. Today’s Action 

Mississippi’s November 28, 2007, SIP 

revision to APC–S–5 incorporates by 

reference the provisions at 40 CFR 52.21 

as amended and promulgated as of June 

15, 2007, and updates Mississippi’s 

existing incorporation by reference of 

the Federal NSR program to include the 

NOX as an ozone precursor Federal 

provisions set forth in the Phase II Rule. 

EPA has determined that Mississippi’s 

SIP revision, which became Stateeffective on September 24, 2007, meets 

the requirements of the Phase II Rule 

and is consistent with section 110 of the 

CAA. 

On October 7, 2010, EPA published a 

rulemaking proposing to approve the 

aforementioned revision into the 

Mississippi SIP. 75 FR 62024. The 

comment period closed on November 

13, 2010, and no comments, adverse or 

otherwise, were received. Details 

regarding the November 28, 2007, SIP 

revision are discussed in the proposed 

rulemaking and describe the basis on 

which EPA is now taking final action on 

the Mississippi SIP revision. 

III. Final Action 

Pursuant to Section 110 of the CAA, 

EPA is taking final action to approve 

Mississippi’s November 28, 2007, SIP 

revision, which incorporates NOX as an 

ozone precursor for PSD purposes into 

the Mississippi SIP. The revision 

included in Mississippi’s PSD 

permitting program is equivalent to the 

provision in the Ozone Implementation 

NSR Update. EPA is approving these 

revisions into the Mississippi SIP 

because they are consistent with Section 

110 CAA and its implementing 

regulations. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, 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 CAA. Accordingly, this action 

merely approves State law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by State law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 


jlentini on DSKJ8SOYB1PROD with RULES
79302 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Rules and Regulations 

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). 

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 February 18, 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. This action 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, Intergovernmental relations, 

Ozone, and Volatile organic 

compounds. 

Dated: December 8, 2010. 

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. Section 52.1270 (c) is amended by 

revising the 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 the Prevention of Significant Deterioration of Air Quality 

All ........................ ........................... 9/24/2007 ......... 12/20/10 [Insert 

citation of 

publication].

APC–S–5 incorporates by reference the regulations found at 40 

CFR 52.21 as of June 15, 2007; 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. 

* * * * * 

[FR Doc. 2010–31893 Filed 12–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R06–OAR–2010–0412; FRL–9240–8] 

Determination of Nonattainment and 

Reclassification of the Dallas/Fort 

Worth 1997 8-Hour Ozone 

Nonattainment Area; Texas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing its 

determination that the Dallas/Fort 

Worth (DFW) moderate 8-hour ozone 

nonattainment area failed to attain the 

1997 8-hour ozone national ambient air 

quality standard (NAAQS or standard) 

by June 15, 2010, the attainment 

deadline set forth in the Clean Air Act 

(CAA or Act) and Code of Federal 

Regulations (CFR) for moderate 

nonattainment areas. This final 

determination is based on EPA’s review 

of complete, quality assured and 

certified ambient air quality monitoring 

data for the 2007–2009 monitoring 

period that are available in the EPA Air 

Quality System (AQS) database. As a 

result of this final action, the DFW area 

will be reclassified by operation of law 

as a serious ozone nonattainment area 

for the 1997 8-hour ozone standard on 

the effective date of this rulemaking. 

The new attainment date for the DFW 

area is as expeditiously as practicable, 

but not later than June 15, 2013. The 

State of Texas must submit State 

Implementation Plan (SIP) revisions 

addressing requirements for ‘‘serious’’ 

areas no later than one year after the 

effective date of this rulemaking. 

DATES: This rule is effective on January 

19, 2011. 

ADDRESSES: EPA established a docket 

for this action under Docket ID No. 

EPA–R06–OAR–2010–0412. All 

documents in the docket are listed at 

http://www.regulations.gov. 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, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 Freedom of 

Information Act (FOIA) Review Room 

between the hours of 8:30 a.m. and 4:30 

p.m. weekdays except for legal holidays. 

Contact the person listed in the FOR

FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253 to make an appointment. 


jlentini on DSKJ8SOYB1PROD with RULES