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[Federal Register Volume 76, Number 20 (Monday, January 31, 2011)]
[Rules and Regulations]
[Pages 5274-5276]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1928]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2010-0811-201101, FRL-9259-7]

Removal of Limitation of Approval of Prevention of Significant 
Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources in 
State Implementation Plans; Mississippi

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is amending its regulations to remove language which 
narrowed its previous approval of Mississippi's New Source Review (NSR) 
Prevention of Significant Deterioration (PSD) program regarding 
emission thresholds for determining which new stationary sources and 
modification projects become subject to Mississippi's PSD permitting 
requirements for their greenhouse gas (GHG) emissions. On December 9, 
2010, the State of Mississippi, through the Mississippi Department of 
Environmental Quality (MDEQ), provided a revision to its State 
Implementation Plan (SIP) to establish appropriate thresholds for 
determining which new stationary sources and modification projects 
become subject to permitting requirements for GHG emissions in 
Mississippi. EPA has taken final action to approve Mississippi's 
December 9, 2010, SIP revision, and this makes EPA's narrowing of its 
previous approval of Mississippi's PSD program as it relates to GHG 
permitting thresholds unnecessary. Today's action removes the 
regulatory language related to the narrowing action that is no longer 
applicable to Mississippi as a result of EPA's approval of 
Mississippi's December 9, 2010, SIP revision. Because this action is 
ministerial, EPA is applying the ``good cause'' exemption from public 
notice and comment requirements under the Administrative Procedure Act 
(APA).

DATES: This action is effective January 31, 2011.

ADDRESSES: EPA has established a docket for this action under Docket

[[Page 5275]]

Identification No. EPA-R04-OAR-2010-0811. 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: Lynorae Benjamin, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, Region 4, U.S. Environmental Protection Agency, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number 
is (404) 562-9040. Ms. Benjamin can also be reached via electronic mail 
at benjamin.lynorae@epa.gov.

SUPPLEMENTARY INFORMATION:

I. What is today's action?
II. When is today's action effective?
III. Statutory and Executive Order Reviews

I. What is today's action?

    On December 30, 2010, EPA published a final rule entitled 
``Limitation of Approval of Prevention of Significant Deterioration 
Provisions Concerning Greenhouse Gas Emitting-Sources in State 
Implementation Plans.'' See 75 FR 82536 (Narrowing Rule). This action 
narrowed EPA's previous approval of PSD programs as applicable to GHG-
emitting sources in SIPs in 24 States, including Mississippi. 
Specifically, in the Narrowing Rule, EPA withdrew its previous approval 
of those programs to the extent they apply PSD to GHG-emitting sources 
below the thresholds in EPA's Tailoring Rule (75 FR 31514). Having 
narrowed its prior approval, EPA asked that each affected State 
withdraw from EPA consideration the part of its SIP that was no longer 
approved, and stated that approval of a SIP revision incorporating the 
Tailoring Rule thresholds into a SIP would count as removing these no-
longer-approved provisions.
    On December 9, 2010, the State of Mississippi, through MDEQ, 
provided a revision to its SIP to incorporate changes to Mississippi's 
air quality regulations, APC-S-5--Regulations for Prevention of 
Significant Deterioration of Air Quality, to establish appropriate 
emission thresholds, consistent with EPA's Tailoring Rule, for 
determining which new stationary sources and modification projects 
become subject to Mississippi's PSD permitting requirements for their 
GHG emissions. On December 29, 2010, EPA approved Mississippi's 
December 9, 2010, SIP revision, effective January 2, 2011. See 75 FR 
81858. As a result of EPA's approval of Mississippi's changes to its 
air quality regulations to incorporate the appropriate thresholds for 
GHG permitting applicability into Mississippi's SIP, paragraph (b) in 
Section 52.1272 of 40 CFR part 52, as included in EPA's Narrowing 
Rule--which applies the Narrowing Rule to Mississippi's SIP--is no 
longer necessary. The current action removes the approval narrowing 
language relating to Mississippi's SIP from the CFR to reflect that, to 
the extent the Narrowing Rule withdrew EPA approval from any provisions 
in the Mississippi SIP, those provisions have been removed from the SIP 
and thus the narrowing language in 40 CFR 52.1272(b) now serves no 
purpose. EPA is publishing this rulemaking to amend Section 52.1272 of 
40 CFR part 52 to remove this unnecessary regulatory language.

II. When is today's action effective?

    This action removes content from the CFR that now serves no purpose 
because EPA has approved Mississippi's SIP revision to establish 
thresholds for GHG permitting applicability consistent with EPA's 
Tailoring Rule. This is a ministerial but necessary action on the part 
of EPA. EPA has determined that today's action falls under the ``good 
cause'' exemption in section 553(b)(3)(B) of the APA. That provision 
authorizes agencies, upon finding ``good cause,'' to dispense with 
public notice and participation where they are impracticable, 
unnecessary, or contrary to the public interest. EPA finds that it is 
unnecessary to provide public notice prior to finalizing this action, 
or to provide an opportunity for public comment on this action, because 
this action does not establish any new regulatory requirements, but 
instead merely removes language contained in 40 CFR 52.53 that no 
longer serves any purpose.
    EPA also finds that there is good cause under APA section 553(d)(3) 
for this action to become effective on the date of publication. 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 removes language contained in 40 CFR 52.1272 that no 
longer serves any purpose. For this reason, EPA finds good cause under 
APA section 553(d)(3) for this action to become effective on the date 
of publication.

III. 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 
removes unnecessary language contained in 40 CFR 52.1272 related to 
Mississippi's SIP, and imposes no new requirements. 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 
removes unnecessary language contained in 40 CFR 52.1272 related to 
Mississippi's SIP, and does not impose any new enforceable duty, 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

[[Page 5276]]

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 removes unnecessary language 
contained in 40 CFR 52.1272 related to Mississippi's SIP, 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 April 1, 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, 
Volatile organic compounds, and Reporting and recordkeeping 
requirements.

    Dated: January 20, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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1. The authority citation for part 52 continues to read as follows:

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

Subpart Z--Mississippi

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2. Section 52.1272 is revised to read as follows:

Sec.  52.1272  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Mississippi's plan for the attainment and maintenance of 
national standards under section 110 of the Clean Air Act. Furthermore, 
the Administrator finds the plans satisfy all requirements of Part D, 
Title I, of the Clean Air Act as amended in 1977.

[FR Doc. 2011-1928 Filed 1-28-11; 8:45 am]
BILLING CODE 6560-50-P
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