Rule2024-24281
Prevention of Significant Deterioration (PSD): Paragraph Designation Corrections
Primary source
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Published
October 22, 2024
Effective
October 22, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is amending its Prevention of Significant Deterioration (PSD) regulations to correct the fourth-level paragraph designations to conform with the Office of the Federal Register (OFR) requirements. This is a ministerial final rule action that involves minor technical corrections.
Full Text
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<title>Federal Register, Volume 89 Issue 204 (Tuesday, October 22, 2024)</title>
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[Federal Register Volume 89, Number 204 (Tuesday, October 22, 2024)]
[Rules and Regulations]
[Pages 84286-84288]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24281]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51 and 52
[EPA-HQ-OAR-2024-0234; FRL-11945-01-OAR]
Prevention of Significant Deterioration (PSD): Paragraph
Designation Corrections
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is amending its
Prevention of Significant Deterioration (PSD) regulations to correct
the fourth-level paragraph designations to conform with the Office of
the Federal Register (OFR) requirements. This is a ministerial final
rule action that involves minor technical corrections.
DATES: This rule is effective October 22, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2024-0234. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Publicly available
docket materials are available either electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a> or in hard copy at the EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding federal holidays. The telephone number for
the Public Reading Room is (202) 566-1744, and the telephone number for
the Office of Air and Radiation Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Questions concerning this final rule
should be addressed to Mr. Peter Keller, Air Quality Policy Division,
Office of Air Quality Planning and Standards (C539-04), U.S.
Environmental Protection Agency, Post Office Box 12055, Research
Triangle Park, NC 27711; telephone number: (919) 541-2065; email
address: <a href="/cdn-cgi/l/email-protection#1e757b72727b6c306e7b6a7b6c5e7b6e7f30797168"><span class="__cf_email__" data-cfemail="f49f9198989186da8491809186b4918495da939b82">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The information presented in this preamble
is organized as follows:
I. Does this action apply to me?
II. Background and Rationale for This Action
III. Final Action
IV. Statutory and Executive Order Reviews
V. Statutory Authority
VI. Judicial Review
I. Does this action apply to me?
No entities will be affected by this final action. The EPA is
amending its PSD regulations to correct the fourth-level paragraph
designations from the Code of Federal Regulations (CFR) to conform with
the OFR requirements. The EPA is responsible for making the required
paragraph codification corrections in the EPA PSD regulations and
communicating those corrections to stakeholders, including state,
local, and Tribal (SLT) permitting authorities and regulated entities.
SLT permitting authorities are not required to make corresponding
corrections to any of their regulations implementing the PSD program
including those approved by the EPA into a State Implementation Plan
(SIP).
II. Background and Rationale for This Action
Part C of title I of the Clean Air Act (CAA), 42 U.S.C. 7470 et
seq., contains the requirements for a component of the major New Source
Review (NSR) program known as the PSD program. This program sets forth
procedures for the preconstruction review and permitting of new and
modified stationary sources of air pollution located in areas meeting
the National Ambient Air Quality Standards (NAAQS) (``attainment''
areas) and areas for which there is insufficient information to
classify an area as either attainment or nonattainment
(``unclassifiable'' areas). The EPA's PSD regulations are contained in
40 CFR
[[Page 84287]]
51.166 (applicable to air agencies that issue permits under EPA-
approved SIPs) and 40 CFR 52.21 (applicable to permits issued by the
EPA or air agencies that have received delegation to implement the
federal PSD program).
In 2019, the OFR identified that the paragraph codification scheme
of these PSD regulations was inconsistent with OFR requirements, and
the EPA committed to correcting this inconsistency. However, recently
as part of OFR's review of the proposed rule: ``Prevention of
Significant Deterioration (PSD) and Nonattainment New Source Review
(NNSR): Regulations Related to Project Emissions Accounting'' (RIN
2060-AV62), the OFR determined that the EPA had not yet made the
corrections. To resolve the OFR's concerns, the EPA is revising the PSD
regulations to conform with the OFR requirements \1\ through this
ministerial final rule action to correct the fourth-level paragraph
designations. Specifically, this rule will correct the fourth-level
paragraph codification in 40 CFR 51.166 and 40 CFR 52.21 from (a), et
seq., to (A), et seq. In other words, the fourth-level paragraph
designations will be changed from lowercase italicized letters to
uppercase non-italicized letters.
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\1\ Document Drafting Handbook, August 2018 Edition (Revised
2.1, dated October 2023), Office of the Federal Register, National
Archives and Records Administration.
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The error in the fourth-level paragraph codification in the EPA's
PSD regulations can be traced back to their inception in the 1970s. On
December 5, 1974, the EPA published the first set of PSD regulations
under the CAA Amendments of 1970.\2\ These regulations were codified at
40 CFR 52.21 and established a program for protecting areas with air
quality either in attainment with the NAAQS or unclassifiable. A
comprehensive set of new PSD requirements were later adopted by
Congress as part of the CAA Amendments of 1977.\3\ The EPA amended the
PSD regulations to incorporate those new statutory requirements on June
19, 1978 (43 FR 26380 and 43 FR 26388). These regulations were codified
at 40 CFR 51.24 (minimum requirements for state plans, later codified
at 40 CFR 51.166 \4\) and 40 CFR 52.21 (federal PSD regulations). The
PSD regulations were subsequently revised numerous times, but the
fourth-level paragraph designations have remained inconsistent with the
OFR requirements.\5\ This ministerial final rule will correct the
paragraph designation inconsistencies that were established decades ago
in the EPA's PSD regulations to conform with the OFR requirements.
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\2\ CAA Amendments of 1970, Public Law 91-604, 84 Stat. 1676
(1970); 39 FR 42510.
\3\ CAA Amendments of 1977, Public Law 95-95, 91 Stat. 685
(1977).
\4\ 51 FR 40656 (November 7, 1986).
\5\ See 40 CFR 51.166 and 40 CFR 52.21 (July 1, 2023).
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III. Final Action
The EPA is promulgating this rule as a final rule without prior
notice or opportunity for public comment pursuant to the good cause
exemption under the Administrative Procedure Act (APA) section
553(b)(B). 5 U.S.C. 553(b)(B). Generally, the APA requires that general
notice of proposed rulemaking be published in the Federal Register and
such notice must provide an opportunity for public participation in the
rulemaking process. However, the APA also allows an agency to directly
promulgate a final rulemaking when an agency for good cause finds (and
incorporates the finding and a brief statement of reasons in the rule
issued) that notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest. 5 U.S.C. 553(b)(3)(B).
The EPA has determined that this final action meets the
``unnecessary'' basis for using the good cause exemption since
amendments promulgated in this action are very minor and do not
substantively alter the regulation in any way that would be of interest
to the regulated community or the public. This final action involves
purely ministerial revisions to the PSD regulations in 40 CFR 51.166
and 40 CFR 52.21 involving minor structural corrections to conform with
the OFR paragraph designation requirements. Specifically, the fourth-
level paragraph designations will be corrected from lowercase
italicized letters to uppercase non-italicized letters. The OFR
paragraph designation requirements are established by the OFR;
therefore, EPA has no discretion but to correct the affected paragraph
designations in the EPA PSD regulations. Notice and comment
requirements are unnecessary because seeking public comment on this
issue would neither inform the public of agency action that may be of
interest nor provide the agency with information that would be helpful
in developing a final rule.
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www2.epa.gov/laws-regulations/laws-and-executive-orders">https://www2.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review
This action is not a significant regulatory action as defined in
Executive Order 12866, as amended by Executive Order 14094, and was,
therefore, not subject to Executive Order 12866 review.
B. Paperwork Reduction Act (PRA)
This action involves very minor technical corrections and does not
impose any new information collection burden under the PRA. The Office
of Management and Budget (OMB) has previously approved the information
collection activities contained in the existing regulations and has
assigned OMB control number 2060-0003.
C. Regulatory Flexibility Act (RFA)
This action is not subject to the RFA. The RFA applies only to
rules subject to notice and comment rulemaking requirements under the
APA, 5 U.S.C. 553, or any other statute. This rule is not subject to
notice and comment requirements because the Agency has invoked the APA
``good cause'' exemption under 5 U.S.C. 553(b).
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action implements mandate(s) specifically and
explicitly set forth in 44 U.S.C. 15 and 1 CFR chapter I without the
exercise of any policy discretion by the EPA.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will 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.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175. This action only makes very minor technical
amendments to correct non-substantive errors in existing regulations.
None of these very minor technical amendments has a substantial direct
effect on any tribal
[[Page 84288]]
land. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. Therefore, this action is not
subject to Executive Order 13045 because it does not concern an
environmental health risk or safety risk. Since this action does not
concern human health, EPA's Policy on Children's Health also does not
apply.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations and
Executive Order 14096: Revitalizing Our Nation's Commitment to
Environmental Justice for All
The EPA finds that this action does not concern human health or
environmental conditions and therefore cannot be evaluated with respect
to potentially disproportionate and adverse effects on communities with
environmental justice concerns. This action changes the fourth-level
paragraph designation of the EPA's PSD regulations contained in 40 CFR
51.166 and 40 CFR 52.21 to conform with OFR requirements. This action
makes very minor technical amendments to correct non-substantive errors
in existing rules.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. The CRA allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice and comment rulemaking procedures are
impracticable, unnecessary or contrary to the public interest. 5 U.S.C.
808(2). The EPA has made a good cause finding for this rule as
discussed in the Final Action section of this rulemaking, including the
basis for that finding.
V. Statutory Authority
Statutory authority to issue the amendments finalized in this
action is provided by the same CAA provisions that provided authority
to issue the regulations being amended: 42 U.S.C. 7401 et seq.
Statutory authority for the rulemaking procedures followed in this
action is provided by APA section 553, 5 U.S.C. 553.
VI. Judicial Review
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 D.C. Circuit within 60 days from October 22, 2024. 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 (section 307(b)(2) of
the CAA).
List of Subjects in 40 CFR Parts 51 and 52
Environmental protection, Administrative practices and procedures,
Air pollution control, New source review, Preconstruction permitting,
Prevention of significant deterioration.
Michael S. Regan,
Administrator.
For the reasons stated in the preamble, title 40, Chapter I of the
Code of Federal Regulations is amended as follows:
PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF
IMPLEMENTATION PLANS
0
1. The authority citation for part 51 continues to read as follows:
Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.
Subpart I--Review of New Sources and Modifications
Sec. 51.166 [Amended]
0
2. In Sec. 51.166 revise the paragraph level designation for the 4th
paragraph level from lowercase italic letters to uppercase non-italic
letters.
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
3. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et. seq.
Subpart A--General Provisions
Sec. 52.21 [Amended]
0
4. In Sec. 52.21, revise the paragraph level designation for the 4th
paragraph level from lowercase italic letters to uppercase non-italic
letters.
[FR Doc. 2024-24281 Filed 10-21-24; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on October 22, 2024.
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