28662 Federal Register / Vol. 76, No. 96 / Wednesday, May 18, 2011 / Rules and Regulations 

a chance to comment on EPA’s 

determination after the effective date, 

and EPA will consider any comments 

received in determining whether to 

reverse such action. 

EPA believes that notice-andcomment rulemaking before the 

effective date of this action is 

impracticable and contrary to the public 

interest. EPA has reviewed the State’s 

submittal and, through its proposed 

action, is indicating that it is more likely 

than not that the State is no longer 

obligated to submit the plan that was 

the basis for the finding that started the 

sanctions clocks. Therefore, it is not in 

the public interest to impose sanctions. 

Moreover, it would be impracticable to 

go through notice-and-comment 

rulemaking on a finding that the State 

no longer is required to submit the plan 

prior to the rulemaking approving the 

State’s termination determination. 

Therefore, EPA believes that it is 

necessary to use the interim final 

rulemaking process to defer sanctions 

while EPA completes its rulemaking 

process on the approvability of the 

State’s submittal. Moreover, with 

respect to the effective date of this 

action, EPA is invoking the good cause 

exception to the 30-day notice 

requirement of the APA because the 

purpose of this notice is to relieve a 

restriction (5 U.S.C. 553(d)(1)). 

Note that today’s action has no impact 

on the January 5, 2010 (75 FR 232) 

findings regarding the Southeast Desert 

and the Los Angeles-South Coast Air 

Basin. 

III. Statutory and Executive Order 

Reviews 

This action defers Federal sanctions 

and imposes no additional 

requirements. 

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. 

This action is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action. 

The administrator certifies that this 

action 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.). 

This rule 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 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 action 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 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. 

The requirements of section 12(d) of 

the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272) do not apply to this rule because 

it imposes no standards. 

This rule 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. 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 to Congress and the 

Comptroller General. However, section 

808 provides that any rule for which the 

issuing agency for good cause finds that 

notice and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest, shall take effect at 

such time as the agency promulgating 

the rule determines. 5 U.S.C. 808(2). 

EPA has made such a good cause 

finding, including the reasons therefore, 

and established an effective date of May 

18, 2011. 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 rule 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 July 18, 2011. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this rule for the purpose of 

judicial review nor does it extend the 

time within which 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 

regulations, Ozone, Reporting and 

recordkeeping requirements. 

Dated: May 9, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2011–12062 Filed 5–17–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60 and 63 

[EPA–HQ–OAR–2002–0058; EPA–HQ–2003– 

0119; FRL–9308–6] 

RIN 2060–AQ25; 2060–AO12 

Industrial, Commercial, and 

Institutional Boilers and Process 

Heaters and Commercial and Industrial 

Solid Waste Incineration Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rules; Delay of effective 

dates. 

SUMMARY: The EPA is delaying the 

effective dates for the final rules titled 

‘‘National Emission Standards for 

Hazardous Air Pollutants for Major 

Sources: Industrial, Commercial, and 

Institutional Boilers and Process 

Heaters’’ and ‘‘Standards of Performance 

for New Sources and Emission 

Guidelines for Existing Sources: 

Commercial and Industrial Solid Waste 

Incineration Units’’ under the authority 

of the Administrative Procedure Act 

(APA) until the proceedings for judicial 

review of these rules are completed or 

the EPA completes its reconsideration of 

the rules, whichever is earlier. 

DATES: The effective dates of the final 

rules published in the Federal Register 

on March 21, 2011 (76 FR 15608 and 76 

FR 15704), are delayed until such time 

as judicial review is no longer pending 

or until the EPA completes its 

reconsideration of the rules, whichever 

is earlier. The Director of the Federal 

Register has reviewed certain 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 76, No. 96 / Wednesday, May 18, 2011 / Rules and Regulations 28663 

publications listed in these final rules 

for incorporation by reference approval. 

That approval is delayed until such time 

as the proceedings for judicial review of 

these rules are completed or the EPA 

completes its reconsideration of the 

rules, whichever is earlier. The EPA will 

publish in the Federal Register 

announcing the effective dates and the 

incorporation by reference approvals 

once delay is no longer necessary. 

ADDRESSES: Docket: The final rules, the 

petitions for reconsideration, and all 

other documents in the record for the 

rulemakings are in Docket ID. No. EPA– 

HQ–OAR–2002–0058 and EPA–HQ– 

OAR–2003–0119. All documents in the 

dockets are listed in the http:// 

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 http:// 

www.regulations.gov or in hard copy at 

the EPA’s Docket Center, Public Reading 

Room, EPA West Building, Room 3334, 

1301 Constitution Avenue, NW., 

Washington, DC 20004. This Docket 

Facility 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) 566–1741. 

FOR FURTHER INFORMATION CONTACT: 

‘‘National Emission Standards for 

Hazardous Air Pollutants for Major 

Sources: Industrial, Commercial, and 

Institutional Boilers and Process 

Heaters’’: Mr. Brian Shrager, Energy 

Strategies Group, Sector Policies and 

Programs Division, Office of Air Quality 

Planning and Standards (D243–01), U.S. 

Environmental Protection Agency, 

Research Triangle Park, NC 27711, 

telephone (919) 541–7689, fax number 

(919) 541–5450, e-mail address: 

shrager.brian@epa.gov. ‘‘Standards of 

Performance for New Sources and 

Emission Guidelines for Existing 

Sources: Commercial and Industrial 

Solid Waste Incineration Units’’: Ms. 

Toni Jones, Fuels and Incineration 

Group, Sector Policies and Programs 

Division, Office of Air Quality Planning 

and Standards (E143–03), U.S. 

Environmental Protection Agency, 

Research Triangle Park, NC 27711, 

telephone (919) 541–0316, fax number 

(919) 541–3470, e-mail address: 

jones.toni@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 21, 2011, the EPA issued a 

final rule to regulate emissions of 

hazardous air pollutants (HAP) from 

industrial, commercial, and institutional 

boilers and process heaters located at 

major sources of HAP emissions (the 

‘‘Major Source Boiler MACT’’). On the 

same date, the EPA issued a final rule 

to regulate emissions of certain air 

pollutants from commercial and 

industrial solid waste incineration units 

(the ‘‘CISWI Rule’’). For further 

information on the Major Source Boiler 

MACT, see 76 FR 15608 (March 21, 

2011). For further information on the 

CISWI Rule, see 76 FR 15704 (March 21, 

2011). In the March 21 notices, the EPA 

established an effective date of May 20, 

2011, for each rule. 

On the same day the rules were 

issued, the EPA also published a notice 

explaining that the Agency was in the 

process of developing a notice 

proposing reconsideration of certain 

aspects of both rules. 76 FR 15267. In 

that notice, the EPA explained that the 

proposed reconsideration would 

address issues on which the EPA 

believes further opportunity for public 

comment is appropriate, as well as any 

provisions of the rules that the EPA 

believes warrant modification after 

further consideration of the data and 

comments already received. The EPA 

has received petitions from a number of 

interested parties seeking 

reconsideration of both rules. The 

petitions identify specific issues that the 

EPA is being asked to reconsider. The 

EPA intends to initiate a reconsideration 

process for both rules, as explained 

above. The EPA will issue a notice of 

proposed reconsideration of each rule 

that identifies the specific issue or 

issues raised in the petitions on which 

the Agency is granting reconsideration. 

The EPA understands that members of 

the public may wish to submit 

additional data and information to 

inform the EPA’s proposed 

reconsideration, and the Agency will 

consider any additional information 

submitted in time to do so. Given the 

anticipated schedule for the 

reconsideration process, we request that 

any additional data and information be 

provided to the EPA by July 15, 2011, 

to allow the Agency to fully consider it. 

The EPA has also received petitions 

for judicial review of the Major Source 

Boiler MACT from the United States 

Sugar Corporation as well as from a 

coalition of industry groups. The EPA 

has received a petition for judicial 

review of the CISWI Rule from a 

coalition of industry groups as well. 

Under section 705 of the APA, ‘‘an 

agency * * * may postpone the 

effective date of [an] action taken by it 

pending judicial review.’’ The provision 

requires that the Agency find that 

justice requires postponing the action, 

that the action has not gone into effect, 

and that litigation is pending. As 

described above, neither the Major 

Source Boiler MACT nor the CISWI 

Rule has gone into effect and petitions 

for judicial review of both rules have 

been filed. 

We find that justice requires 

postponing the effectiveness of these 

rules. As explained in the March 21, 

2011, notice, EPA has identified several 

issues in the final rules which it intends 

to reconsider because we believe the 

public did not have a sufficient 

opportunity to comment on certain 

revisions EPA made to the proposed 

rules. These issues include revisions to 

the proposed subcategories and 

revisions to some of the proposed 

emissions limits. In addition, EPA 

received data before finalizing both 

rules but was unable to incorporate that 

data into the final rules given the court 

deadline for issuing the rules, which the 

Agency was unable to extend. EPA also 

notes thousands of facilities across 

multiple, diverse industries will need to 

begin to make major compliance 

investments soon, in light of the 

pressing compliance deadlines. These 

investments may not be reversible if the 

standards are in fact revised following 

reconsideration and full evaluation of 

all relevant data. 

Finally, the EPA notes that it is 

delaying the effective date of the Major 

Source Boiler MACT and the CISWI 

Rule pursuant to the APA, rather than 

section 307(d)(7)(B) of the Clean Air 

Act. As explained above, the APA 

authorizes the EPA to find that justice 

requires postponing the effective date of 

a rule when litigation is pending. In 

contrast, the Clean Air Act authorizes 

the EPA to stay the effectiveness of a 

rule for three months if the 

Administrator has convened a 

proceeding to reconsider the rule. The 

EPA further notes that section 307(d) of 

the Act expressly states that it is 

intended to replace only sections 553– 

557 of the APA (except as otherwise 

provided in section 307(d)), and does 

not state that it replaces section 705 of 

the APA. Therefore, the EPA has the 

discretion to decide whether it is 

appropriate to delay the effective date of 

a rule under either provision, based on 

the specific facts and circumstances 

before the Agency. Since petitions for 

judicial review of both the Major Source 

Boiler MACT and the CISWI Rule have 

been filed, and, as explained above, 

justice requires a delay of the effective 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
28664 Federal Register / Vol. 76, No. 96 / Wednesday, May 18, 2011 / Rules and Regulations 

dates, it is reasonable for the EPA to 

exercise its authority to delay the 

effective dates of the Major Source 

Boiler MACT and the CISWI Rule under 

the APA for a period that exceeds three 

months. 

II. Issuance of a Stay and Delay of 

Effective Date 

Pursuant to section 705 of the APA, 

the EPA hereby postpones the 

effectiveness of the Major Source Boiler 

MACT and the CISWI Rule until the 

proceedings for judicial review of these 

rules are complete or the EPA completes 

its reconsideration of the rules, 

whichever is earlier. By this action, we 

are delaying the effective date of both 

rules, published in the Federal Register 

on March 21, 2011 (76 FR 15608 and 76 

FR 15704). The delay of the effective 

date of the CISWI Rule applies only to 

those provisions issued on March 21, 

2011, and not to any provisions of 40 

CFR part 60, subparts CCCC and DDDD, 

in place prior to that date. This delay of 

effectiveness will remain in place until 

the proceedings for judicial review are 

completed or the EPA completes its 

reconsideration of the rules, whichever 

is earlier, and the Agency publishes a 

notice in the Federal Register 

announcing that the rules are in effect. 

List of Subjects 

40 CFR Part 60 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

40 CFR Part 63 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Hazardous 

substances, Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

For the reasons set forth above, under 

the authority at 7 U.S.C. 705, the 

effective dates of FRL 9272–8, 76 FR 

15608 (March 21, 2011), and FRL 9273– 

4, 76 FR 15704 (March 21, 2011) are 

delayed until further notice. 

Dated: May 16, 2011. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2011–12308 Filed 5–17–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[OAR–2004–0080, FRL–9306–8] 

RIN 2060–AF00 

Method 301—Field Validation of 

Pollutant Measurement Methods From 

Various Waste Media 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This action amends EPA’s 

Method 301, Field Validation of 

Pollutant Measurement Methods from 

Various Waste Media. We revised the 

procedures in Method 301 based on our 

experience in applying the method and 

to correct errors that were brought to our 

attention. The revised Method 301 is 

more flexible, less expensive, and easier 

to use. This action finalizes 

amendments to Method 301 after 

considering comments received on the 

proposed rule published in the Federal 

Register on December 22, 2004. 

DATES: This final rule is effective on 

May 18, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2004–0080. 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., 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 either electronically at http:// 

www.regulations.gov or in hard copy at 

the Air Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Avenue, 

NW., Washington, DC. The Docket 

Facility and the Public Reading Room 

are 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. 

Lula H. Melton, Office of Air Quality 

Planning and Standards, Air Quality 

Assessment Division, Measurement 

Technology Group (E143–02), U.S. 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number: (919) 541– 

2910; fax number: (919) 541–0516; 

e-mail address: melton.lula@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. General Information 

A. Does this action apply to me? 

B. Where can I obtain a copy of this action? 

C. Judicial Review 

II. Background 

III. Summary of the Final Method 

IV. Significant Comments Received on the 

Proposed Amendments to Method 301 

A. Applicability 

B. Reference Material 

C. Validation Testing Over a Broad Range 

of Concentrations and Extended Period 

of Time 

D. Performance Audit 

E. Sample Stability Procedures 

F. Bias and Precision 

G. Limit of Detection 

H. Critical Values of t for the Two-Tailed 

95 Percent Confidence Limit 

I. Paired Sampling Procedure 

J. Standard Deviation 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866—Regulatory 

Planning and Review and Executive 

Order 13563—Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132—Federalism 

F. Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045—Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211—Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898—Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

I. General Information 

A. Does this action apply to me? 

Method 301 affects/applies to you if 

you want to propose a new or 

alternative test method to meet an EPA 

compliance requirement. 

B. Where can I obtain a copy of this 

action? 

In addition to being available in the 

docket, an electronic copy of this rule 

will also be available on the Worldwide 

Web (www) through the Technology 

Transfer Network (TTN). Following the 

Administrator’s signature, a copy of the 

final rule will be placed on the TTN’s 

policy and guidance page for newly 

proposed or promulgated rules at 

http://www.epa.gov/ttn/oarpg. The TTN 

provides information and technology 

exchange in various areas of air 

pollution control. A redline strikeout 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1