[Federal Register Volume 75, Number 125 (Wednesday, June 30, 2010)]
[Rules and Regulations]
[Pages 37730-37732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15889]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2003-0146; FRL-9169-7]
RIN 2060-AO55
National Emission Standards for Hazardous Air Pollutants From
Petroleum Refineries
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction.
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SUMMARY: On October 28, 2009, we promulgated general control
requirements to control emissions of hazardous air pollutants from heat
exchange systems at petroleum refineries. These requirements were
published as amendments to the national emission standards for
petroleum refineries. In this notice, we are correcting typographical
errors and inadvertent errors in section references.
DATES: This correction is effective on July 30, 2010.
SUPPLEMENTARY INFORMATION:
I. Summary of Amendments
On October 28, 2009, we promulgated general control requirements to
control emissions of hazardous air pollutants from heat exchange
systems at petroleum refineries. 74 FR 55670 (40 CFR part 63, subpart
CC). In this action, we are correcting technical errors in the
promulgated rule.
Table 1 below describes the miscellaneous technical corrections we
are making to 40 CFR part 63, subpart CC.
Table 1--Technical Corrections to 40 CFR Part 63, Subpart CC
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Section Technical correction and reason
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63.646(j).................... Replace ``Sec. 63.654(f)'' with ``Sec.
63.655(f)'' to correct a section
reference.
63.646(k).................... Replace ``Sec. 63.654(g)'' with ``Sec.
63.655(g)'' to correct a section
reference.
63.654(f).................... Replace ``paragraphs (f)(1) through (3)
of this section'' with ``paragraphs
(f)(1) and (2) of this section'' to
remove the reference to a nonexistent
paragraph.
63.655(i)(1)(ii)............. Replace ``Sec. 63.654(e)'' with ``Sec.
63.655(e)'' to correct a section
reference.
Table 4, first column heading Replace ``subpart Y'' with ``subpart R''
to correct a section reference.
Table 6, entry for 63.8(c)(4) Replace ``is ``once every hour rather''
than'' with ``is ``once every hour''
rather than'' to correct a typographical
error.
Table 6, entry for Replace ``Sec. 63.644(d)'' with ``Sec.
63.10(b)(1). 63.655(i)'' to correct a section
reference.
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Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(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 only simple
typographical errors are being corrected and these corrections do not
substantially change the Agency actions taken in the final rule. Thus,
notice and public procedure are unnecessary and we find that this
constitutes good cause under 5 U.S.C. 553(b)(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 where the good cause exception is invoked
pursuant to section 553(b)(B) of the APA, the procedures in section
307(d) in subsection 553(b) of the APA, the procedures in section
307(d) of the CAA do not apply.)
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 technical corrections do 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 technical correction 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 correction 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.
[[Page 37731]]
This technical correction 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 technical correction 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 technical correction 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,
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. The CRA does, however, exclude any rule
that does not substantially affect the rights and obligations of
outside parties. Therefore, the scope of the CRA does not include
technical corrections. This action is not a ``major rule'' as defined
by 5 U.S.C. 804(2). The final rule will be effective July 30, 2010.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: June 24, 2010.
Lisa P. Jackson,
Administrator.
0
For the reasons set out in the preamble, title 40, chapter I, part 63
of the Code of Federal Regulations is amended as follows:
PART 63--[AMENDED]
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1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart CC--[Amended]
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2. Section 63.646 is amended by:
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a. Revising paragraph (j) and
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b. Revising paragraph (k) to read as follows:
Sec. 63.646 Storage vessel provisions.
* * * * *
(j) References to the Notification of Compliance Status report in
Sec. 63.152(b) mean the Notification of Compliance Status required by
Sec. 63.655(f).
(k) References to the Periodic Reports in Sec. 63.152(c) mean the
Periodic Report required by Sec. 63.655(g).
* * * * *
0
3. Section 63.654 is amended by revising the first sentence of
paragraph (f) introductory text to read as follows:
Sec. 63.654 Heat exchange systems.
* * * * *
(f) The owner or operator may delay the repair of a leaking heat
exchanger when one of the conditions in paragraphs (f)(1) and (2) of
this section is met. * * *
* * * * *
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4. Section 63.655 is amended by revising paragraph (i)(1)(ii) to read
as follows:
Sec. 63.655 Reporting and recordkeeping requirements.
* * * * *
(i) * * *
(1) * * *
(ii) All references to Sec. 63.122 in Sec. 63.123 of subpart G of
this part shall be replaced with Sec. 63.655(e),
* * * * *
Appendix to Subpart CC of Part 63--Tables--[Amended]
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5. Table 4 of the appendix to subpart CC of part 63 is amended by
revising the column headings to read as follows:
Table 4--Gasoline Distribution Emission Point Recordkeeping and
Reporting Requirements a
------------------------------------------------------------------------
Reference (section of
subpart R) Description Comment
------------------------------------------------------------------------
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
6. Table 6 of the appendix to subpart CC of part 63 is amended by
revising the entries for Sec. Sec. 63.8(c)(4) and 63.10(b)(1) to read
as follows:
TABLE 6--General Provisions Applicability to Subpart CC a
------------------------------------------------------------------------
Applies to subpart
Reference CC Comment
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* * * * * * *
63.8(c)(4)............... Yes................ Except subpart CC
specifies the
monitoring cycle
frequency specified in
Sec. 63.8(c)(4)(ii)
is ``once every hour''
rather than ``for each
successive 15-minute
period.''
* * * * * * *
63.10(b)(1).............. No................. Sec. 63.655(i) of
subpart CC specifies
record retention
requirements.
* * * * * * *
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[FR Doc. 2010-15889 Filed 6-29-10; 8:45 am]
BILLING CODE 6560-50-P