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32526 Federal Register / Vol. 72, No.

113 / Wednesday, June 13, 2007 / Rules and Regulations

Port Lake Michigan will cause notice of ENVIRONMENTAL PROTECTION No. EPA–HQ–OAR–2001–0004. All
enforcement of the safety zone AGENCY documents in the docket are listed on
established by this section to be made the www.regulations.gov Web site.
by all appropriate means to the affected 40 CFR Parts 51 and 52 Although listed in the index, some
segments of the public including [EPA–HQ–OAR–2001–0004; FRL–8324–6] information is not publicly available,
publication in the Federal Register as e.g., CBI or other information whose
RIN 2060–AN92 disclosure is restricted by statute.
practicable, in accordance with 33 CFR
165.7(a). Such means of notification Certain other material, such as
Prevention of Significant Deterioration copyrighted material, is not placed on
may also include, but are not limited to (PSD) and Nonattainment New Source
Broadcast Notice to Mariners or Local the Internet and will be publicly
Review (NSR): Removal of Vacated available only in hard copy form.
Notice to Mariners. The Captain of the Elements
Port Lake Michigan will issue a Publicly available docket materials are
AGENCY: Environmental Protection available either electronically through
Broadcast Notice to Mariners notifying
Agency (EPA). www.regulations.gov or in hard copy at
the public when enforcement of the
ACTION: Final rule. the EPA Docket Center (Air Docket),
safety zone established by this section is EPA/DC, EPA West, Room 3334, 1301
suspended. SUMMARY: The EPA is amending its Constitution Ave., NW., Washington,
(e) Exemption. Public vessels as regulations to eliminate the pollution DC. The Public Reading Room is open
defined in paragraph (b) of this section control project (PCP) and clean unit from 8:30 a.m. to 4:30 p.m., Monday
are exempt from the requirements in (CU) provisions included in its through Friday, excluding legal
this section. December 31, 2002 rulemaking entitled holidays. The telephone number for the
(f) Wavier. For any vessel, the Captain ‘‘Prevention of Significant Deterioration Public Reading Room is (202) 566–1744
of the Port Lake Michigan or a (PSD) and Nonattainment New Source and the telephone number for the Air
Review (NSR): Baseline Emissions Docket is (202) 566–1742.
designated representative may waive
Determination, Actual-to-future-actual FOR FURTHER INFORMATION CONTACT: Mr.
any of the requirements of this section,
Methodology, Plantwide Applicability David Painter, Office of Air Quality
upon finding that operational
Limitations, Clean Units, Pollution Planning and Standards, (C504–03),
conditions or other circumstances are Control Projects.’’ This final rule
such that application of this section is U.S. EPA, Research Triangle Park, North
conforms the regulations to the decision Carolina 27711, telephone number (919)
unnecessary or impractical for the by the U.S. Court of Appeals for the D.C. 541–5515, fax number (919) 541–5509,
purposes of safety or environmental Circuit, New York v. EPA, 413 F.3d 3 e-mail: painter.david@epa.gov.
safety. (D.C. Cir. 2005), vacating the PCP and SUPPLEMENTARY INFORMATION:
Dated: June 6, 2007. CU provisions. This action is exempt
Bruce C. Jones, from notice-and-comment rulemaking I. Does This Regulation Apply to Me?
because it is ministerial in nature. Entities potentially affected by this
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan. DATES: This final rule is effective on final action include sources in all
[FR Doc. E7–11343 Filed 6–12–07; 8:45 am] June 13, 2007. industry groups. The majority of sources
BILLING CODE 4910–15–P
ADDRESSES: The EPA has established a potentially affected are expected to be in
docket for this action under Docket ID the following groups.

Industry group SIC a NAICS b

Electric Services ............................................................................. 491 221111, 221112, 221113, 221119, 221121, 221122.
Petroleum Refining ......................................................................... 291 32411.
Chemical Processes ....................................................................... 281 325181, 32512, 325131, 325182, 211112, 325998, 331311,
325188.
Natural Gas Transport .................................................................... 492 48621, 22121.
Pulp and Paper Mills ...................................................................... 261 32211, 322121, 322122, 32213.
Paper Mills ...................................................................................... 262 322121, 322122.
Automobile Manufacturing .............................................................. 371 336111, 336112, 336712, 336211, 336992, 336322, 336312,
33633, 33634, 33635, 336399, 336212, 336213.
Pharmaceuticals ............................................................................. 283 325411, 325412, 325413, 325414.
a Standard Industrial Classification
b North American Industry Classification System.

Entities potentially affected by this parts 51 and 52 of title 40 of the Code Circuit (the Court) issued an opinion
final action also include State, local, of Federal Regulations. vacating those portions of the 2002 and
and tribal governments that are 1992 rules that pertained to CU and
II. Background and Rationale for
delegated authority to implement these PCP. New York v. EPA, 413 F.3d 3 (D.C.
Action
regulations. This table is not intended to Cir.), reh’g. and reh’g. en banc den. 431
be exhaustive, but rather provides a On December 31, 2002, EPA F.3d 801 (2005).
guide for readers regarding entities published a final rule (67 FR 80186) This action removes from the Code of
likely to be affected by this action. Other which established CU and expanded Federal Regulations (CFR) all provisions
sroberts on PROD1PC70 with RULES

types of entities not listed in the table upon provisions pertaining to PCP for CU and PCP containing the
could also be affected. To determine which were initially promulgated on provisions vacated by the Court. It
whether your facility would be affected July 21, 1992 (57 FR 32314). On June 24, should be noted that nearly identical CU
by this action, you should carefully 2005, the United States Court of and PCP provisions are found in 40 CFR
examine the applicability criteria in Appeals for the District of Columbia 52.21, 51.165, and 51.166, and that the

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Federal Register / Vol. 72, No. 113 / Wednesday, June 13, 2007 / Rules and Regulations 32527

Court’s opinion specifically addressed part of the EPA. Given the substantial 13175, entitled Consultation and
the CU and PCP provisions in § 52.21, costs to owner/operators of projects Coordination With Indian Tribal
but not the provisions in §§ 51.165 and associated with delays and uncertainty, Governments (65 FR 67249, November
51.166. Even so, the plain language of EPA has good cause to act in the public 9, 2000), Executive Order 13211,
the Court’s opinion clearly applies to interest to implement the court’s entitled Actions Concerning Regulations
the parallel constructions in those latter remedy by amending the CFR without That Significantly Affect Energy Supply,
provisions; and as a result, today’s delay. Distribution, or Use (66 FR 28355, May
action removes those provisions as well. The Court’s vacatur of PCP and CU 22, 2001), or Executive Order 12898,
Because the Court vacated the language provisions meant that these provisions entitled Federal Actions to Address
of the CU and PCP provisions as well as could no longer be used. Thus, today’s Environmental Justice in Minority
the legal constructs upon which they rule changes are immediately effective Populations and Low-Income
were based, the EPA is rescinding the for jurisdictions using the Federal PSD Populations (59 FR 7629, February 16,
CU and PCP provisions by way of a final program (codified at § 52.21 for areas 1994). In addition, this rule does not
rulemaking which is effective upon without an approved PSD program, for impose any impact on small entities and
publication in the Federal Register. We which we are the reviewing authority, thus does not require preparation of a
are not providing an opportunity for or for which we have delegated our regulatory flexibility analysis under the
comment. authority to issue permits to a State or Regulatory Flexibility Act (RFA) (5
The Administrative Procedure Act of local reviewing authority) and for State U.S.C. 601 et seq.).
1946 (APA) makes provision for the and local agency programs The deletion of CU and PCP
procedural path we are following in this implementing part C (PSD permit provisions from NSR and PSD
action. In general, the APA requires that program in § 51.166) or part D requirements will reduce the associated
general notice of proposed rulemaking (nonattainment NSR permit program in overall reporting and recordkeeping
shall be published in the Federal § 51.165) under an approved State burden estimates, but this action does
Register. Such notice must provide an Implementation Plan (SIP). Permitting not require any review or approval by
opportunity for public participation in authorities with approved SIPs OMB under the Paperwork Reduction
the rulemaking process. The APA does containing any or all of the 2002 CU, Act (PRA), 44 U.S.C. 3501 et seq. At
provide an avenue for an agency to 2002 PCP, or 1992 PCP provisions some point in the future, EPA will re-
directly issue a final rulemaking in should remove those provisions as soon determine the total burden associated
certain specific instances. This may as feasible, which may be in
with the NSR and PSD rules and will
occur, in particular, when an agency for conjunction with the next available SIP
adjust the estimates to reflect the effects
good cause finds (and incorporates the revision. Furthermore, recognizing that
of this action. The reporting and
finding and a brief statement of reasons some States also adopted our past
recordkeeping burdens associated with
therefore in the rules issued) that notice guidance policy on PCP 1 into their
NSR and PSD are approved by OMB
and public procedure thereon are approved SIPs, we believe that these
under OMB No. 2060–0003. The current
impracticable, unnecessary, or contrary portions of their SIPs should also be
public reporting burden for NSR and
to the public interest. See 5 U.S.C. removed in light of the Court decision.2
PSD is estimated to be 4,878,634 hours.
553(b)(3)(B). Because of the Court decision, these
In this action, the Agency finds that These estimates include the time
provisions are unlawful and may not be
notice and comment is unnecessary. needed for reviewing instructions,
applied even prior to their removal from
This action is ministerial in nature. It the SIPs. searching existing data sources,
simply implements the decision of the gathering and maintaining the data
IV. Statutory and Executive Order needed, and completing and reviewing
D.C. Circuit as it pertains to CU and
Reviews the collection of information.
PCP.
In addition, notice and comment The Office of Management and Budget Pursuant to the Congressional Review
would be contrary to the public interest (OMB) determined this rule is a Act, 5 U.S.C. 801 et seq., as added by
by unnecessarily delaying the removal significant regulatory action for the the Small Business Regulatory
of the unlawful CU and PCP provisions purpose of EO 12866 and requested that Enforcement Fairness Act of 1996, EPA
in the CFR. Owner/operators of facilities we submit the rule for OMB review. It will submit a report containing this rule
capable of causing air pollution are does not meet requirements for review and other required information to the
subject to CAA regulations governing under Executive Order 13045, entitled U.S. Senate, the U.S. House of
the manner in which they might act. Protection of Children from Representatives, and the Comptroller
Substantial costs are frequently Environmental Health Risks and Safety General of the United States prior to
associated with project delays or Risks (62 FR 19885, April 23, 1997). It publication of the rule in the Federal
inappropriate actions. To resolve also does not meet the requirements for Register. However, section 808 of that
regulatory concerns up front, those who review under Title II of the Unfunded Act provides that any rule for which the
would pursue projects which might be Mandates Reform Act of 1995 (UMRA) issuing agency for good cause finds (and
subject to Federal restrictions rely upon (Pub. L. 104–4), Executive Order 13132, incorporates the finding and a brief
the CFR to provide authoritative entitled Federalism (64 FR 43255, statement of reasons therefore in the
answers as to what requirements apply August 10, 1999), Executive Order rule) that notice and public procedure
to a given proposed project. thereon are impracticable, unnecessary,
1 Memorandum dated July 1, 1994. ‘‘Pollution
or contrary to the public interest, shall
III. Implementation Control Projects and New Source Review (NSR) take effect at such time as the agency
Applicability’’ from John S. Seitz, Director, Office
For the reasons cited above, EPA is of Air Quality Planning and Standards, to Air promulgating the rule determines (5
making this action effective upon Directors, Regions I–X. U.S.C. 808(2)). As stated previously,
sroberts on PROD1PC70 with RULES

publication. See 5 U.S.C. 553(d)(3). This 2 In its Opinion, the Court stated on pages 8–9 EPA has made such a good cause
action removes content from the CFR that ‘‘EPA also erred in exempting from NSR certain finding, including the reasons therefore,
Pollution Control Projects (‘‘PCPs’’) that decrease
that has been found to be contrary to the emissions of some pollutants but cause collateral
and established an effective date of June
CAA by a Federal appeals court. This is increases of others. The statute authorizes no such 13, 2007. This rule is not a ‘‘major rule’’
a ministerial but necessary action on the exception.’’ as defined by 5 U.S.C. 804(2).

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32528 Federal Register / Vol. 72, No. 113 / Wednesday, June 13, 2007 / Rules and Regulations

V. Statutory Authority ■ a. By removing and reserving ■ d. By removing and reserving


paragraph (a)(1)(v)(C)(8). paragraph (b)(2)(iii)(h).
The statutory authority for this action
■ b. By removing paragraph ■ f. By removing paragraph (b)(3)(vi)(d).
is provided by sections 165–169, 171– ■ g. By removing and reserving
(a)(1)(vi)(C)(3).
173, and 301 of the Act as amended (42 paragraph (b)(31).
■ c. By removing paragraph
U.S.C. 7475–7479, 7501–7503, and ■ h. By removing and reserving
(a)(1)(vi)(E)(5).
7601). This rulemaking is also subject to paragraph (b)(41).
■ d. By removing and reserving
section 307(d) of the Act (42 U.S.C. ■ i. By revising paragraph (r)(6)
paragraph (a)(1)(xxv).
7407(d)). introductory text.
■ e. By removing and reserving
VI. Judicial Review paragraph (a)(1)(xxix). ■ j. By removing and reserving
■ f. By removing and reserving paragraphs (t), (u), and (v).
Under section 307(b)(1) of the Act,
paragraph (a)(2)(ii)(E).
judicial review of this final rule is § 51.166 Prevention of significant
■ g. By revising paragraph (a)(2)(ii)(F).
available only by the filing of a petition deterioration of air quality.
■ h. By removing paragraph (a)(2)(iv).
for review in the U.S. Court of Appeals ■ i. By removing and reserving
(a) * * *
for the District of Columbia Circuit by paragraphs (a)(3)(ii)(H) and (I). (7) * * *
August 13, 2007. Any such judicial ■ j. By revising paragraph (a)(6)
(iv) * * *
review is limited to only those (f) Hybrid test for projects that involve
introductory text.
objections that are raised with multiple types of emissions units. A
■ k. By removing and reserving
reasonable specificity in timely significant emissions increase of a
paragraphs (c), (d), and (e).
comments. Under section 307(b)(2) of regulated NSR pollutant is projected to
the Act, the requirements that are the § 51.165 Permit requirements. occur if the sum of the emissions
subject of this final rule may not be (a) * * * increases for each emissions unit, using
challenged later in civil or criminal (2) * * * the method specified in paragraphs
proceedings brought by us to enforce (ii) * * * (a)(7)(iv)(c) through (d) of this section as
these requirements. (F) Hybrid test for projects that applicable with respect to each
involve multiple types of emissions emissions unit, for each type of
List of Subjects
units. A significant emissions increase emissions unit equals or exceeds the
40 CFR Part 51 of a regulated NSR pollutant is projected significant amount for that pollutant (as
to occur if the sum of the emissions defined in paragraph (b)(23) of this
Environmental protection,
increases for each emissions unit, using section).
Administrative practices and
procedures, Air pollution control, the method specified in paragraphs * * * * *
Baseline emissions, Carbon monoxide, (a)(2)(ii)(C) through (D) of this section as (r) * * *
Hydrocarbons, Intergovernmental applicable with respect to each (6) Each plan shall provide that the
relations, Lead, Nitrogen oxides, Ozone, emissions unit, for each type of following specific provisions apply to
Particulate matter, Plantwide emissions unit equals or exceeds the projects at existing emissions units at a
applicability limitations, Pollution significant amount for that pollutant (as major stationary source (other than
control projects, Sulfur oxides. defined in paragraph (a)(1)(x) of this projects at a source with a PAL) in
section). circumstances where there is a
40 CFR Part 52 * * * * * reasonable possibility that a project that
Environmental protection, (6) Each plan shall provide that the is not a part of a major modification may
Administrative practices and following specific provisions apply to result in a significant emissions increase
procedures, Air pollution control, projects at existing emissions units at a and the owner or operator elects to use
Baseline emissions, Carbon monoxide, major stationary source (other than the method specified in paragraphs
Hydrocarbons, Intergovernmental projects at a source with a PAL) in (b)(40)(ii)(a) through (c) of this section
relations, Lead, Nitrogen oxides, Ozone, circumstances where there is a for calculating projected actual
Particulate matter, Plantwide reasonable possibility that a project that emissions. Deviations from these
applicability limitations, Pollution is not a part of a major modification may provisions will be approved only if the
control projects, Sulfur oxides. result in a significant emissions increase State specifically demonstrates that the
and the owner or operator elects to use submitted provisions are more stringent
Dated: June 5, 2007. than or at least as stringent in all
the method specified in paragraphs
Stephen L. Johnson, respects as the corresponding provisions
(a)(1)(xviii)(B)(1) through (3) of this
Administrator. section for calculating projected actual in paragraphs (r)(6)(i) through (v) of this
■ For the reasons set out in the emissions. Deviations from these section.
preamble, title 40, chapter I of the Code provisions will be approved only if the * * * * *
of Federal Regulations is amended as State specifically demonstrates that the
follows: submitted provisions are more stringent PART 52—[AMENDED]
than or at least as stringent in all
PART 51—[AMENDED] ■ 4. The authority citation for part 52
respects as the corresponding provisions
continues to read as follows:
in paragraphs (a)(6)(i) through (v) of this
■ 1. The authority citation for part 51 Authority: 42 U.S.C. 7401, et seq.
section.
continues to read as follows:
* * * * * Subpart A—[Amended]
Authority: 23 U.S.C. 101; 42 U.S.C. 7401–
7671q. ■ 3. Section 51.166 is amended as
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follows: ■ 5. Section 52.21 is amended as


Subpart I—[Amended] ■ a. By removing and reserving follows:
paragraph (a)(7)(iv)(e). ■ a. By removing and reserving
■ 2. Section 51.165 is amended as ■ b. By revising paragraph (a)(7)(iv)(f). paragraph (a)(2)(iv)(e).
follows: ■ c. By removing paragraph (a)(7)(vi). ■ b. By revising paragraph (a)(2)(iv)(f).

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Federal Register / Vol. 72, No. 113 / Wednesday, June 13, 2007 / Rules and Regulations 32529

■ c. By removing paragraph (a)(2)(vi). implementation plan promulgated proposed action on August 28, 2006.
■ d. By removing and reserving under the Clean Air Act for the This is the second final action related to
paragraph (b)(2)(iii)(h). regulation of fugitive sulfur oxides our August 28, 2006 proposal. We will
■ e. By removing paragraph (b)(3)(vi)(d). emissions from a copper smelter that take final action on the remaining few
■ f. By removing and reserving had operated in the State of Nevada but provisions for which we proposed
paragraph (b)(32). that is no longer in existence. This action on August 28, 2006 in a third
■ g. By removing and reserving rescission was proposed in the Federal separate action.
paragraph (b)(42). Register on August 28, 2006. The
■ h. By revising paragraph (r)(6)
II. Public Comments and EPA
intended effect is to rescind
introductory text. Responses
unnecessary provisions from the
■ j. By removing and reserving applicable plan. EPA’s proposed action provided a 30-
paragraphs (x), (y), and (z) DATES: Effective Date: This rule is day public comment period. During this
effective on July 13, 2007. period, we received no comments
§ 52.21 Prevention of significant related to the proposed rescission of the
deterioration of air quality. ADDRESSES: EPA has established docket
number EPA–R09–OAR–2006–0590 for FIP for regulation of the Kennecott
(a) * * * Copper Company smelter in White Pine
(2) * * * this action. The index to the docket is
available electronically at http:// County, Nevada.
(iv) * * *
(f) Hybrid test for projects that involve regulations.gov and in hard copy at EPA III. EPA Action
multiple types of emissions units. A Region IX, 75 Hawthorne Street, San As authorized in section 110(k)(3) of
significant emissions increase of a Francisco, California. While all the Clean Air Act, EPA is finalizing the
regulated NSR pollutant is projected to documents in the docket are listed in approval of the rescission of the Federal
occur if the sum of the emissions the index, some information may be implementation plan promulgated for
increases for each emissions unit, using publicly available only at the hard copy the regulation of fugitive sulfur oxides
the method specified in paragraphs location (e.g., copyrighted material), and emissions from the Kennecott Copper
(a)(2)(iv)(c) through (d) of this section as some may not be publicly available in Company smelter that had operated in
applicable with respect to each either location (e.g., CBI). To inspect the White Pine County, Nevada, but that is
emissions unit, for each type of hard copy materials, please schedule an no longer in existence. EPA is codifying
emissions unit equals or exceeds the appointment during normal business this action by revising 40 CFR 52.1475
significant amount for that pollutant (as hours with the contact listed in the FOR to remove paragraphs (c), (d), and (e).
FURTHER INFORMATION CONTACT section.
defined in paragraph (b)(23) of this
FOR FURTHER INFORMATION CONTACT: Julie IV. Statutory and Executive Order
section).
A. Rose, EPA Region IX, (415) 947– Reviews
* * * * *
(r) * * * 4126, rose.julie@epa.gov. A. Executive Order 12866, Regulatory
(6) The provisions of this paragraph SUPPLEMENTARY INFORMATION: Planning and Review
(r)(6) apply to projects at an existing Throughout this document, ‘‘we,’’ ‘‘us’’ The Office of Management and Budget
emissions unit at a major stationary and ‘‘our’’ refer to EPA. (OMB) has exempted this regulatory
source (other than projects at a source Table of Contents action from Executive Order 12866,
with a PAL) in circumstances where I. Proposed Action entitled ‘‘Regulatory Planning and
there is a reasonable possibility that a II. Public Comments and EPA’s Response Review.’’ This action will rescind a
project that is not a part of a major III. EPA Action Federally promulgated rule for an air
modification may result in a significant IV. Statutory and Executive Order Reviews pollution emissions source that no
emissions increase and the owner or I. Proposed Action longer exists.
operator elects to use the method
On August 28, 2006 (71 FR 50875), B. Paperwork Reduction Act
specified in paragraphs (b)(41)(ii)(a)
through (c) of this section for calculating EPA proposed approval and disapproval This action does not impose an
projected actual emissions. of portions of the State’s rescission information collection burden under the
request and approval of certain provisions of the Paperwork Reduction
* * * * *
replacement provisions. One of the Act, 44 U.S.C. 3501 et seq. This action
[FR Doc. E7–11289 Filed 6–12–07; 8:45 am]
rescission requests for which we will merely rescind a Federally
BILLING CODE 6560–50–P
proposed approval involved a Federal promulgated rule for an air pollution
implementation plan (FIP) that we emissions source that no longer exists.
promulgated in the 1970’s at 40 CFR Burden means the total time, effort, or
ENVIRONMENTAL PROTECTION
52.1475(c), (d), and (e) to regulate sulfur financial resources expended by persons
AGENCY
oxides from the Kennecott Copper to generate, maintain, retain, or disclose
40 CFR Part 52 Company smelter located in White Pine or provide information to or for a
County, Nevada. As described further in Federal agency. This includes the time
[EPA–R09–OAR–2006–0590; FRL–8325–8] our Technical Support Document (TSD) needed to review instructions; develop,
for the proposed rule, we found that the acquire, install, and utilize technology
Approval and Promulgation of last vestige of the Kennecott Copper and systems for the purposes of
Implementation Plans; Revisions to the Company McGill facility, which was the collecting, validating, and verifying
Nevada State Implementation Plan; subject of the FIP requirements in information, processing and
Request for Rescission 52.1475, was removed from the area in maintaining information, and disclosing
AGENCY: Environmental Protection 1993, and, therefore, the related FIP and providing information; adjust the
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Agency (EPA). provisions are obsolete. The TSD existing ways to comply with any
ACTION: Final rule. contains more information about our previously applicable instructions and
proposed action. On January 3, 2007 (72 requirements; train personnel to be able
SUMMARY: EPA is finalizing the FR 11), we took final action on most of to respond to a collection of
rescission of the Federal the provisions for which we had information; search data sources;

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