[Federal Register Volume 75, Number 125 (Wednesday, June 30, 2010)]
[Rules and Regulations]
[Pages 37732-37733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15886]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2008-0708, FRL-9169-6]
RIN 2060-AP36
National Emission Standards for Hazardous Air Pollutants for
Reciprocating Internal Combustion Engines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction.
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SUMMARY: EPA published in the Federal Register on March 3, 2010, a
document amending the national emission standards for hazardous air
pollutants for existing stationary compression ignition reciprocating
internal combustion engines. The amendments inadvertently removed
paragraphs from the regulation. EPA is correcting this error.
DATES: Effective on June 30, 2010.
FOR FURTHER INFORMATION CONTACT: Ms. Melanie King, Energy Strategies
Group, Sector Policies and Programs Division (D243-01), Environmental
Protection Agency, Research Triangle Park, North Carolina 27711;
telephone number (919) 541-2469; facsimile number (919) 541-5450; e-
mail address [email protected].
SUPPLEMENTARY INFORMATION:
I. Summary of Amendments
EPA published in the Federal Register on March 3, 2010 (75 FR 9674)
a document amending the national emission standards for hazardous air
pollutants for existing stationary compression ignition reciprocating
internal combustion engines. 40 CFR 63.6590 was amended by revising
paragraphs (b)(1) and (3). Inadvertently, paragraphs (b)(1)(i) and (ii)
of section 63.6590(b)(1) were removed. This correction amends section
63.6590 by reinstating paragraphs 63.6590(b)(1)(i) and (ii).
Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(3)(B), provides that, when an Agency for good cause finds that
notice and public procedure are impracticable, unnecessary, or contrary
to the public interest, the Agency may issue a rule without providing
notice and an opportunity for public comment. We have determined that
there is good cause for making this technical correction final without
prior proposal and opportunity for comment because this action only
corrects a simple and obvious instructional error that would cause a
change that was clearly not intended by the Agency in the final rule,
as indicated by the preamble to the final rule. Thus, notice and public
procedure is unnecessary. We find that this constitutes good cause
under 5 U.S.C. 553(b)(3)(B). (See also the final sentence of section
307(d)(1) of the Clean Air Act (CAA), 42 U.S.C. 307(d)(1), indicating
that the good cause provisions in subsection 553(b) of the APA continue
to apply to this type of rulemaking under section 307(d) of the CAA.)
II. Statutory and Executive Order Reviews
Under Executive Order 12866, Regulatory Planning and Review (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. This action is not a ``major rule'' as defined
by 5 U.S.C. 804(2). The correction does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
Because EPA has made a ``good cause'' finding that this action is
not subject to notice and comment requirements under the APA or any
other statute (see Section I of this preamble), 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 the UMRA.
This action does not have substantial direct effects on the States,
or 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, Federalism
(64 FR 43255, August 10, 1999).
This action does not significantly or uniquely affect the
communities of Tribal governments, as specified by Executive Order
13175, Consultation and Coordination with Indian Tribal Governments (65
FR 67249, November 9, 2000). This action also is not subject to
Executive Order 13045, Protection of Children from Environmental Health
and Safety Risks (62 FR 19885, April 23, 1997) because it is not
economically significant.
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 this action is
not a significant regulatory action under Executive Order 12866.
This action does not involve changes to the technical standards
related to test methods or monitoring requirements; thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272) do not apply.
This action also does not involve special consideration of
environmental justice-related issues as required by Executive Order
12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).
The Congressional Review Act (CRA), 5 U.S.C. 801 et seq., as added
by the Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA), 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 U.S. Section 808 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 public procedure
is impracticable, unnecessary, or contrary to the public interest. This
determination must be supported by a brief statement. 5 U.S.C. 808(2).
As stated previously, we have determined that there is good cause for
making this correction final without prior proposal and opportunity for
comment because this action only corrects a simple and obvious
instructional error that would cause a change that was clearly not
intended by the Agency in the final rule, as indicated by the preamble
to the final rule. Thus, notice and public procedure is unnecessary.
EPA has therefore established an effective date of June 30, 2010. The
EPA will submit a report containing this final action and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the U.S. prior to
publication of this action in the Federal Register. This action is not
a ``major rule'' as defined by 5 U.S.C. 804(2). The final rule is
effective June 30, 2010.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
[[Page 37733]]
Air pollution control, Hazardous substances, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.
Dated: June 24, 2010.
Lisa P. Jackson,
Administrator.
0
For the reasons stated in the preamble, title 40, chapter I, part 63 of
the Code of Federal Regulations is amended as follows:
PART 63--[AMENDED]
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart A--[Amended]
0
2. Section 63.6590 is amended by revising paragraph (b)(1) to read as
follows:
Sec. 63.6590 What parts of my plant does this subpart cover?
* * * * *
(b) * * *
(1) An affected source which meets either of the criteria in
paragraphs (b)(1)(i) through (ii) of this section does not have to meet
the requirements of this subpart and of subpart A of this part except
for the initial notification requirements of Sec. 63.6645(f).
(i) The stationary RICE is a new or reconstructed emergency
stationary RICE with a site rating of more than 500 brake HP located at
a major source of HAP emissions.
(ii) The stationary RICE is a new or reconstructed limited use
stationary RICE with a site rating of more than 500 brake HP located at
a major source of HAP emissions.
* * * * *
[FR Doc. 2010-15886 Filed 6-29-10; 8:45 am]
BILLING CODE 6560-50-P