18138 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations 

Authority and Issuance 

■ For the reasons set forth above, the 

interim final rule amending 31 CFR Part 

50, which was published at 73 FR 53359 

on September 16, 2008, is adopted as a 

final rule without change. 

Kenneth E. Carfine, 

Acting Under Secretary for Domestic Finance. 

[FR Doc. E9–9007 Filed 4–20–09; 8:45 am] 

BILLING CODE 4810–25–P?≤ 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2007–1045; FRL–8894–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Minnesota 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a sitespecific revision to the Minnesota sulfur 

dioxide (SO2) State Implementation 

Plan (SIP) for the Olmsted Waste to 

Energy Facility (OWEF), located in 

Rochester, Olmsted County, Minnesota. 

In its September 28, 2007, submittal, the 

Minnesota Pollution Control Agency 

(MPCA) requested that EPA approve 

certain conditions contained in OWEF’s 

revised Federally enforceable Title V 

operating permit into the Minnesota SO2

SIP. The request is approvable because 

it satisfies the requirements of the Clean 

Air Act (Act). The rationale for the 

approval and other information are 

provided in this rulemaking action. 

DATES: This direct final rule will be 

effective June 22, 2009, unless EPA 

receives adverse comments by May 21, 

2009. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2007–1045, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 886–5824. 

4. Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m. excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2007– 

1045. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through www.regulations.gov your 

e-mail address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the 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 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. This Facility is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. We recommend that you 

telephone Christos Panos, 

Environmental Engineer, at (312) 353– 

8328 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Christos Panos, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8328, 

panos.christos@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. General Information 

1. What is the Background for this Action? 

2. What information did Minnesota submit, 

and what were its requests? 

3. Why is EPA Taking this Action? 

4. What is a ‘‘Title I Condition?’’ 

II. What Action is EPA Taking? 

III. Statutory and Executive Order Reviews 

I. General Information 

1. What is the Background for this 

Action? 

OWEF, a municipal waste combustor 

facility owned by Olmsted County, is 

located at 301 Silver Creek Road 

Northeast, in Rochester, Olmsted 

County, Minnesota. The facility is a 

district heating and cooling plant as 

well as an electric power generating 

station. Energy is produced mainly 

through combustion of municipal solid 

waste in two mass burn combustion 

units. The other emission units are a 

diesel generator that provides 

emergency electrical power and 

occasional peaking capacity and an 

auxiliary boiler used when the waste 

combustor is going through 

maintenance. Minnesota originally 

submitted a Title V permit for OWEF as 

part of the Minnesota SO2 SIP for 

Olmsted County on November 4, 1998. 

This Title V permit contains the SO2

emission limits and operating 

restrictions imposed on the facility to 

provide for attainment and maintenance 

of the SO2 National Ambient Air Quality 

Standards (NAAQS). 

2. What information did Minnesota 

submit, and what were its requests? 

The SIP revision submitted by MPCA 

on September 28, 2007, consists of 

Minnesota Air Emission Permit No. 

10900005–002, issued to OWEF on 

August 23, 2007, which serves as a joint 

Title I/Title V document. The state has 

requested that EPA approve only the 

portions of the permit cited as ‘‘Title I 

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Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations 18139 

condition: State Implementation Plan 

for SO2’’ into the Minnesota SO2 SIP. 

Minnesota held a public hearing 

regarding the SIP revision and the joint 

Title I/Title V document on August 2, 

2007. No comments were received at the 

public meeting nor during the 30-day 

public comment period. 

3. Why is EPA Taking this Action? 

EPA is taking this action because the 

state’s submittal for OWEF is fully 

approvable. The SIP revision provides 

for attainment and maintenance of the 

SO2 NAAQS and satisfies the applicable 

SO2 requirements of the Act. 

Under current SIP conditions, waste 

combustor units (EU 001 and EU 002) 

are equipped with Continuous Emission 

Monitors (CEMs) to monitor SO2 and are 

collectively limited to 67 pounds per 

hour (lbs/hr) SO2 on a 24-hour block 

average and 154 lbs/hr on a 3-hour 

block average. Their combined SO2

emissions are also limited to 22.6 lbs/hr 

using a 365 day rolling average through 

a non-SIP Title I condition which is 

necessary to keep the source at nonmajor levels for SO2. The emergency 

diesel generator (EU 003) is limited to 

48,000 gallons per year of 0.05 percent 

sulfur content fuel oil using a 12-month 

rolling sum. The auxiliary boiler (EU 

004) is subject to operating restrictions 

when burning fuel oil and is limited to 

286,000 gallons of 0.05 percent sulfur 

content fuel oil per year. The facility is 

required to retain fuel oil receipts or test 

for the sulfur content. The SIP also 

contains provisions relating to 

recordkeeping and the reporting of 

deviations from sulfur content 

requirements. 

Requested changes to the facility 

include: (1) The addition of a new 

municipal waste combustor unit (EU 

007) with a capacity of 200 tons per day, 

doubling the facility’s total capacity; (2) 

the replacement of the existing 1200 

kilowatt (kW) emergency diesel 

generator (EU 003) with a larger, 1750 

kW emergency generator (EU 008); (3) 

the addition of a stack for the new 

emergency generator, raising the stack 

height from near ground level to about 

50 feet; and, (4) the removal of the 

operating restriction that prevents the 

operation of the auxiliary boiler (EU 

004) when more than one waste 

combustor is in operation, allowing the 

facility the flexibility to simultaneously 

operate all three combustor units and 

the auxiliary boiler. 

The current SIP emission limits will 

be maintained for the existing waste 

combustor units (EU 001 and EU 002), 

but there will be additional emissions 

limits added to the SIP based on Federal 

standards in 40 CFR part 62, which will 

result in limited emissions of 77 parts 

per million (ppm) or 16.3 lbs/hour, 

based on a 24-hour average. The new 

waste combustor (EU 007) will have 

limited SO2 emissions in the SIP of 30 

ppm by dry volume, using a 24-hour 

geometric average based on Federal 

standards found in 40 CFR part 62. The 

new emergency diesel generator (EU 

008), primarily used for backup and 

shutdown purposes, will continue to be 

limited to 48,000 gallons per year of fuel 

oil using a 12-month rolling sum, and 

under most situations would not be 

used while all of the waste combustor 

units are in continuous operation. 

Finally, the auxiliary boiler (EU 004) 

can be fired on fuel oil or natural gas, 

with a limit of 286,000 gallons per year 

of fuel oil. 

Further, since the last SIP revision to 

the facility, the existing waste 

combustor units (EU 001 and EU 002) 

have undergone an air pollution control 

retrofit project including installation of 

spray-dryer absorbers (SDAs) for control 

of SO2 emissions. The emission rates 

from the auxiliary boiler (EU 004) and 

the new emergency diesel generator (EU 

008), when in operation, will decrease 

based on a reduction in the allowable 

sulfur content of the fuel to 0.0015% by 

weight from the current limit of 0.05% 

by weight. The emergency diesel 

generator will also now exhaust through 

a 50 foot stack, rather than a groundlevel grate, improving pollutant 

dispersion. 

The previous air quality dispersion 

modeling for the SIP, conducted in 

1998, was done prior to the installation 

of SO2 controls on the existing waste 

combustor units (EU 001 and EU 002). 

The existing emergency diesel generator 

(EU 003) was modeled using ‘‘very low 

sulfur’’ (500 ppm) distillate oil, and 

exhausting through a ground-level grate. 

The auxiliary boiler (EU 004) was also 

modeled using very low sulfur distillate 

oil, resulting in various permit 

restrictions on the amount of distillate 

oil that could be fired relative to the 

operating state of Units 1 and 2. 

Revised air dispersion modeling was 

conducted using the AERMOD model 

with Rochester meteorological data to 

ensure continued attainment of the SO2

NAAQS in the area. Based on the 

modeling results, the requested changes 

to the SIP for OWEF described above 

have significantly less impacts than 

currently allowed under the existing 

SIP. The impacts of the desired future 

SIP scenario, when compared to the 

current operating scenarios in the SIP, 

were approximately 50% lower for 

average annual emissions, between 2– 

7% lower for 24-hour emissions and 2– 

12% lower for 3-hour emissions, 

thereby demonstrating that emissions at 

OWEF will remain below the applicable 

SO2 NAAQS. 

4. What is a ‘‘Title I Condition?’’ 

SIP control measures were contained 

in permits issued to culpable sources in 

Minnesota until 1990 when EPA 

determined that limits in state-issued 

permits are not Federally enforceable 

because the permits expire. The state 

then issued permanent Administrative 

Orders to culpable sources in 

nonattainment areas from 1991 to 

February of 1996. 

Minnesota’s consolidated permitting 

regulations, approved into the 

Minnesota SIP on May 2, 1995 (60 FR 

21447), include the term ‘‘Title I 

condition’’ which was written, in part, 

to satisfy EPA requirements that SIP 

control measures remain permanent. A 

‘‘Title I condition’’ is defined as ‘‘any 

condition based on source-specific 

determination of ambient impacts 

imposed for the purposes of achieving 

or maintaining attainment with the 

national ambient air quality standard 

and which was part of the state 

implementation plan approved by EPA 

or submitted to the EPA pending 

approval under section 110 of the act 

* * *.’’ The rule also states that ‘‘Title 

I conditions and the permittee’s 

obligation to comply with them, shall 

not expire, regardless of the expiration 

of the other conditions of the permit.’’ 

Further, ‘‘any title I condition shall 

remain in effect without regard to 

permit expiration or reissuance, and 

shall be restated in the reissued permit.’’ 

Minnesota has also initiated using 

joint Title I/Title V documents as the 

enforceable document for imposing 

emission limitations and compliance 

requirements in SIPs. The SIP 

requirements in joint Title I/Title V 

documents submitted by MPCA are 

cited as ‘‘Title I conditions,’’ therefore 

ensuring that SIP requirements remain 

permanent and enforceable. EPA 

reviewed the state’s procedure for using 

joint Title I/Title V documents to 

implement site-specific SIP 

requirements and found it to be 

acceptable under both titles I and V of 

the Act (July 3, 1997 letter from David 

Kee, EPA, to Michael J. Sandusky, 

MPCA). Further, a June 15, 2006, letter 

from EPA to MPCA clarifies procedures 

to transfer requirements from 

Administrative Orders to joint Title I/ 

Title V documents. 

II. What Action Is EPA Taking? 

EPA is approving into the Minnesota 

SO2 SIP certain portions of Minnesota 

Air Emission Permit No. 10900005–002, 

issued to OWEF on August 23, 2007. 

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18140 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations 

Specifically, EPA is only approving into 

the SIP those portions of the joint Title 

I/Title V document cited as ‘‘Title I 

condition: State Implementation Plan 

for SO2.’’ In addition, EPA is removing 

from the Minnesota SO2 SIP all other 

references to Title I conditions for 

OWEF that are not relevant to 

attainment of the NAAQS. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective June 22, 2009 without further 

notice unless we receive relevant 

adverse written comments by May 21, 

2009. If we receive such comments, we 

will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. The EPA 

will not institute a second comment 

period. Any parties interested in 

commenting on this action should do so 

at this time. If we do not receive any 

comments, this action will be effective 

June 22, 2009. 

III. Statutory and Executive Order 

Reviews 

Under the Act, 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 Act. 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 Act; 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. 

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 Act, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by June 22, 2009. 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, 

Reporting and recordkeeping 

requirements, Sulfur dioxide. 

Dated: March 30, 2009. 

Walter W. Kovalick Jr., 

Acting Regional Administrator, Region 5. 

■ 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 Y—Minnesota 

■ 2. In § 52.1220 the table in paragraph 

(d) is amended by revising the entry for 

‘‘Olmsted County, Olmsted Waste-toEnergy Facility’’ to read as follows: 

§ 52.1220 Identification of plan. 

* * * * * 

(d) * * * 

EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS

Name of source Permit No. 

State 

effective 

date 

EPA approval date Comments 

* * * * * * * 

Olmsted County, Olmsted Waste-to-Energy Facility 10900005–002 08/23/07 04/21/09, [Insert page 

number where the document begins].

Only conditions cited as 

‘‘Title I condition: SIP for 

SO2.’’ 

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Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations 18141 

EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS—Continued 

Name of source Permit No. 

State 

effective 

date 

EPA approval date Comments 

* * * * * * * 

* * * * * 

[FR Doc. E9–9040 Filed 4–20–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R08–ND–2008–0001; FRL–8892–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; North 

Dakota; Update to Materials 

Incorporated by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; Notice of 

administrative change. 

SUMMARY: EPA is updating the materials 

submitted by North Dakota that are 

incorporated by reference (IBR) into the 

State Implementation Plan (SIP). The 

regulations affected by this update have 

been previously submitted by the 

Governor of North Dakota and approved 

by EPA. This update affects the SIP 

materials that are available for public 

inspection at the National Archives and 

Records Administration (NARA), the 

Air and Radiation Docket and 

Information Center located at EPA 

Headquarters in Washington, DC, and 

the Regional Office. 

DATES: Effective Date: This action is 

effective April 21, 2009. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection 

Monday through Friday, 8 a.m. to 4 

p.m., excluding federal holidays, at the 

Air Program, Environmental Protection 

Agency (EPA), Region 8, 1595 Wynkoop 

Street, Denver, Colorado 80202–1129. 

EPA requests that, if at all possible, you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

arrange a time to view the hard copy of 

the North Dakota SIP compilation. An 

electronic copy of the North Dakota 

regulations we have approved for 

incorporation into the SIP are also 

available by accessing http:// 

www.epa.gov/region8/air/sip.html. A 

hard copy of the regulatory and sourcespecific portions of the compilation will 

also be maintained at the Air and 

Radiation Docket and Information 

Center, EPA West Building, Room 3334, 

1301 Constitution Ave., NW., 

Washington, DC 20460 and the National 

Archives and Records Administration 

(NARA). If you wish to obtain materials 

from a docket in the EPA Headquarters 

Library, please call the Office of Air and 

Radiation (OAR) Docket/Telephone 

number (202) 566–1742. For 

information on the availability of this 

material at NARA, call (202) 741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Amy Platt, EPA Region 8, at (303) 312– 

6449, or Platt.Amy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we’’ or ‘‘our’’ is used it means the EPA. 

I. Background 

The SIP is a living document that the 

State revises as necessary to address its 

unique air pollution problems. 

Therefore, EPA, from time to time must 

take action on SIP revisions containing 

new and/or revised regulations to make 

them part of the SIP. On May 22, 1997 

(62 FR 27968), EPA revised the 

procedures for incorporating by 

reference Federally-approved SIPs, as a 

result of consultations between EPA and 

the Office of the Federal Register (OFR). 

The description of the revised SIP 

document, IBR procedures and 

‘‘Identification of plan’’ format are 

discussed in further detail in the May 

22, 1997 Federal Register. On March 1, 

2007 (72 FR 9263), EPA published a 

document in the Federal Register 

beginning the new IBR procedure for 

North Dakota. Today’s action is an 

update to the March 1, 2007 document. 

II. EPA Action 

In this document, EPA is doing the 

following: (1) Announcing an update to 

the IBR material for North Dakota’s 

revisions to its SIP as of March 1, 2009, 

including revisions that were approved 

by EPA on July 19, 2007 (72 FR 39564) 

and May 27, 2008 (73 FR 30308); and (2) 

Revising the entries in paragraphs 

52.1820(b), (c), (d), and (e) to reflect this 

update. 

III. Good Cause Exemption 

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 a finding of ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation, and section 

553(d)(3), which allows an agency to 

make a rule effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s rule simply codifies 

provisions which are already in effect as 

a matter of law. Under section 553 of the 

APA, an agency may find good cause 

where procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the codification 

only reflects existing law. Likewise, 

there is no purpose served by delaying 

the effective date of this action. 

Immediate notice in the CFR benefits 

the public by removing outdated 

citations and incorrect chart entries. 

IV. Statutory and Executive Order 

Review 

A. General Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

is therefore 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). Because the agency has made 

a ‘‘good cause’’ finding that this action 

is not subject to notice-and-comment 

requirements under the Administrative 

Procedure Act or any other statute as 

indicated in the SUPPLEMENTARY

INFORMATION section above, it is not 

subject to the regulatory flexibility 

provisions of the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.), or to sections 

202 and 205 of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4). In addition, this action does not 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in sections 203 and 204 of 

UMRA. 

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