[Federal Register Volume 76, Number 20 (Monday, January 31, 2011)]
[Rules and Regulations]
[Pages 5272-5274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1931]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2010-0697-201102, FRL-9259-8]
Removal of Limitation of Approval of Prevention of Significant
Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources in
State Implementation Plans; Alabama
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 Alabama's New Source Review (NSR)
Prevention of Significant Deterioration (PSD) program regarding
thresholds for determining which new stationary sources and
modification projects become subject to Alabama's PSD
[[Page 5273]]
permitting requirements for their greenhouse gas (GHG) emissions. On
December 14, 2010, the State of Alabama, through the Alabama Department
of Environmental Management (ADEM), provided a revision to its State
Implementation Plan (SIP) to establish appropriate emission thresholds
for determining which new stationary sources and modification projects
become subject to permitting requirements for GHG emissions in Alabama.
EPA has taken final action to approve Alabama's December 14, 2010, SIP
revision, and this makes EPA's narrowing of its previous approval of
Alabama'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the narrowing action that is no longer applicable to Alabama as a
result of EPA's approval of Alabama's December 14, 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
Identification No. EPA-R04-OAR-2010-0697. 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 [email protected].
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 Alabama. 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 14, 2010, the State of Alabama, through ADEM, provided
a revision to its SIP to incorporate changes to Alabama's air quality
regulations, Regulation 335-3-14-.04, Air Permits Authorizing
Construction in Clean Air Areas--Prevention of Significant
Deterioration Permitting (PSD), to establish appropriate emission
thresholds, consistent with EPA's Tailoring Rule, for determining which
new stationary sources and modification projects become subject to
Alabama's PSD permitting requirements for their GHG emissions. On
December 29, 2010, EPA approved Alabama's December 14, 2010, SIP
revision, effective January 18, 2011. See 75 FR 81863. As a result of
EPA's approval of Alabama's changes to its air quality regulations to
incorporate the appropriate thresholds for GHG permitting applicability
into Alabama's SIP, paragraph (b) in Section 52.53 of 40 CFR part 52,
as included in EPA's Narrowing Rule--which applies the Narrowing Rule
to Alabama's SIP--is no longer necessary. The current action removes
the approval narrowing language relating to Alabama's SIP from the CFR
to reflect that, to the extent the Narrowing Rule withdrew EPA approval
from any provisions in the Alabama 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 52.53 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 Alabama'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 52.53 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,
[[Page 5274]]
``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]
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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 B--Alabama
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2. Section 52.53 is revised to read as follows:
Sec. 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]
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