5274 Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Rules and Regulations 

‘‘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 52.53 related to Alabama’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 52.53 related to Alabama’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 

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 52.53 related to Alabama’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] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart B—Alabama 

■ 2. Section 52.53 is revised to read as 

follows: 

§ 52.53 Approval Status. 

With the exceptions set forth in this 

subpart, the Administrator approves 

Alabama’s plans for the attainment and 

maintenance of the 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. In addition, 

continued satisfaction of the 

requirements of Part D for the ozone 

portion of the SIP depends on the 

adoption and submittal of RACT 

requirements by July 1, 1980 for the 

sources covered by CTGs issued 

between January 1978 and January 1979 

and adoption and submittal by each 

subsequent January of additional RACT 

requirements for sources covered by 

CTGs issued by the previous January. 

[FR Doc. 2011–1931 Filed 1–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Rules and Regulations 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 EmittingSources 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 


jdjones on DSK8KYBLC1PROD with RULES
5276 Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Rules and Regulations 

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] 

■ 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 52.1272 is revised to read 

as follows: 

§ 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–0596; FRL–9249–2] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) portion of the California 

State Implementation Plan (SIP). These 

revisions were proposed in the Federal 

Register on August 2, 2010 and concern 

oxides of nitrogen (NOX) from boilers, 

steam generators and process heaters 

with a rated heat input from 0.75 to less 

than 2.0 MMbtu/hr. We are approving a 

local rule that regulates these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: Effective Date: This rule is 

effective on March 2, 2011. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2010–0596 for 

this action. The index to the docket is 

available electronically at http:// 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Idalia Perez, EPA Region IX, (415) 942– 

3248, perez.idalia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On August 2, 2010 (75 FR 45080), 

EPA proposed to approve the following 

rule into the California SIP. 

Local agency Rule No. Rule title Adopted Submitted 

SJVUAPCD ............................. 4308 Boilers, Steam Generators and Process Heaters—0.075 

MMBtu/hr to less than 2.0 MMbtu/hr.

12/17/09 05/17/10 

We proposed to approve this rule 

because we determined that it complied 

with the relevant CAA requirements. 

Our proposed action contains more 

information on the rule and our 

evaluation. 


jdjones on DSK8KYBLC1PROD with RULES