[Federal Register Volume 75, Number 177 (Tuesday, September 14, 2010)]
[Proposed Rules]
[Pages 55711-55713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22851]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51, 52, 72, 78, and 97
[EPA-HQ-OAR-2009-0491; FRL-9201-6]
RIN 2060-AP50
Federal Implementation Plans To Reduce Interstate Transport of
Fine Particulate Matter and Ozone; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; correcting amendments.
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SUMMARY: The preamble to the proposed Transport Rule contains minor,
technical errors that EPA is correcting in this action. In the portion
of the preamble discussing in detail the proposed trading programs, EPA
states clearly that it is proposing provisions that allow units to opt
into these trading programs. Moreover, the proposed rule text for the
Transport Rule includes detailed opt-in provisions for each proposed
trading program. However, two sentences in other portions of the
Transport Rule preamble erroneously state that the proposed trading
programs do not allow units to opt in. In this proposed rule, EPA is
correcting these technical errors.
DATES: Effective Date: These correcting amendments are effective on
September 14, 2010.
Comments: The deadline for receipt of comments on the proposed
Transport Rule (including the corrections proposed by this action)
continues to be October 1, 2010, the same date set forth in the
proposed Transport Rule (75 FR 45210, August 2, 2010) as the deadline
for receipt of comments.
Public Hearing: As explained in the proposed Transport Rule, three
public hearings were scheduled to be held before the end of the comment
period. The dates, times and locations were announced separately.
Please refer to the notice of public hearings (75 FR 45075, August 2,
2010) on the proposed Transport Rule for additional information on the
comment period and the public hearings.
ADDRESSES: The EPA has established a docket for the proposed Transport
Rule, including this action, under Docket ID EPA-HQ-OAR-2009-0491. All
documents in the docket are listed in the http://www.regulations.gov
index. Although listed in the index, some information is not publicly
available, e.g., confidential business information or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the EPA Docket Center
EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington,
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for the
EPA Docket Center is (202) 566-1742. This action and other rulemaking
actions related to the proposed Transport Rule are also available at
EPA's Air Transport Web site at http://www.epa.gov/airtransport.
FOR FURTHER INFORMATION CONTACT: Mr. Tim Smith, Air Quality Policy
Division, Office of Air Quality Planning and Standards (C539-04),
Environmental Protection Agency, Research Triangle Park, NC 27711;
telephone number: (919) 541-4718; fax number: (919) 541-0824; e-mail
address: [email protected].
SUPPLEMENTARY INFORMATION:
The proposed Transport Rule contains minor, technical errors in two
sentences in the preamble. In the portion of the preamble (i.e.,
section V.D.4.a (75 FR 45307-9)) that discusses in detail the proposed
Transport Rule trading programs, EPA states clearly that it is
proposing provisions that allow units to opt into the proposed trading
programs. Moreover, the proposed rule text in the proposed Transport
Rule (75 FR 45389-92, 45414-17, 45438-41, and 45462-65) includes
detailed opt-in provisions for each of these trading programs. However,
subsequent portions (i.e., sections V.F.3 (75 FR 45338) and V.G.1 (75
FR 45340)) of the preamble compare the proposed rule with the Clean Air
Interstate Rule and the Acid Rain Program and mention in a summary way
the treatment of opt-in units in the proposed rule. Two sentences in
those portions of the preamble erroneously state that the proposal does
not allow units to opt in.
EPA believes that the proposed Transport Rule, as written, makes it
clear that the Agency is proposing to allow units to opt into the
Transport Rule trading programs. Furthermore, on July 15, 2010, EPA put
a statement on its Web site noting that the proposed trading programs
allow for opt-in units and explaining that the two sentences on 75 FR
45338 and 45340 are in error. On August 2, 2010, the docket for the
proposed Transport Rule, including a memorandum noting that this
statement had been put on EPA's Web site, became publicly available.
While EPA maintains that its proposal is clear in proposing to
allow opt-in units, EPA is publishing this amendment to the proposed
Transport Rule to eliminate any possible claim of confusion.
Specifically, EPA is amending the two erroneous sentences in the
proposed Transport Rule preamble as follows. The second sentence in
section V.F.3 of the preamble (75 FR 45338 (col. 1)) is amended to
read: ``First, the proposed Transport Rule allows units to opt into the
trading programs.'' The seventh sentence of section V.G.1 of the
preamble (75 FR 45340 (col. 2)) is amended to read: ``The Transport
Rule programs as proposed have opt-in provisions, so sources, including
those that have opted into the Acid Rain Program, would be able to opt
into the Transport Rule programs.'' These amendments are technical
changes that do not alter the substance of the proposal. On the
contrary, the amendments simply make two sentences in the preamble that
summarily refer to the treatment of opt-in units in the proposal
consistent with the portions of the preamble and rule text that contain
not only a comprehensive, detailed discussion of EPA's proposed
inclusion of opt-in units in the proposed Transport Rule programs, but
also the proposed opt-in provisions themselves.
Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action only corrects minor, technical errors in the proposed
Transport Rule and, as discussed above, does not make any substantive
change
[[Page 55712]]
in the proposal. This action is therefore not an ``economically
significant regulatory action'' under Executive Order 12866, Regulatory
Planning and Review (58 FR 51735, October 4, 1993). Moreover, the
Office of Management and Budget (OMB) previously reviewed the proposed
Transport Rule under Executive Order 12866.
In addition, EPA previously prepared the Regulatory Impacts
Analysis (RIA) for the proposed Transport Rule. This action correcting
minor, technical errors does not affect the RIA. The RIA and the
discussion of it in the proposed Transport Rule remain fully applicable
to the proposed Transport Rule with the corrections proposed by this
action.
B. Paperwork Reduction Act
EPA previously submitted for approval by OMB under the Paperwork
Reduction Act (44 U.S.C. 3501, et seq.) the information collection
requirements in the proposed Transport Rule. This action correcting
minor, technical errors does not change these requirements and their
estimated burden. The discussion of the requirements and their burden
in the proposed Transport Rule remain fully applicable to the proposed
Transport Rule with the corrections proposed by this action.
C. Regulatory Flexibility Act (RFA)
EPA previously certified that the proposed Transport Rule will not
have a significant economic impact on a substantial number of small
entities. This action correcting minor, technical errors does not
change the economic impact. The certification and the discussion of it
in the proposed Transport Rule remain fully applicable to the proposed
Transport Rule with the corrections proposed by this action.
D. Unfunded Mandates Reform Act
EPA previously prepared a written statement under section 202 of
the Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 1531-1538),
and addressed the requirements of sections 203 through 205 of UMRA,
concerning the proposed Transport Rule. This action correcting minor,
technical errors does not contain a Federal mandate that may result in
expenditures of $100 million or more for state, local, and tribal
governments, in the aggregate, or the private sector in any one year.
The written statement and the discussion of the requirements of
sections 203 through 205 of UMRA in the proposed Transport Rule remain
fully applicable to the proposed Transport Rule with the corrections
proposed by this action.
E. Executive Order 13132: Federalism
EPA previously discussed the federalism implications of the
proposed Transport Rule. This action correcting minor, technical errors
does not have any federalism implications. The discussion of federalism
implications and of the applicability of Executive Order 13132,
Federalism (64 FR 43255, August 10, 1999) in the proposed Transport
Rule remain fully applicable to the proposed Transport Rule with the
corrections proposed by this action.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
EPA previously discussed the tribal implications of the proposed
Transport Rule. This action correcting minor, technical errors does not
have any tribal implications. The discussion of tribal implications,
and of the applicability of Executive Order 13175, Consultation and
Coordination With Indian Tribal Governments (65 FR 67249, November 9,
2000), in the proposed Transport Rule remain fully applicable to the
proposed Transport Rule with the corrections proposed by this action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
EPA previously discussed the applicability of Executive Order
13045, Protection of Children From Environmental Health and Safety
Risks (62 FR 19885, April 23, 1997) to the proposed Transport Rule.
This action correcting minor, technical errors does not involve
decisions on environmental health and safety that may
disproportionately affect children. The discussion in the proposed
Transport Rule concerning Executive Order 13045 remains fully
applicable to the proposed Transport Rule with the corrections proposed
by this action.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
EPA previously prepared a Statement of Energy Effects under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001). This action correcting minor, technical errors not only
is not a ``significant energy action'' as defined in section 4(b) of
Executive Order 13211, but also does not affect the Statement of Energy
Effects. The statement and the discussion of the statement in the
proposed Transport Rule remain fully applicable to the proposed
Transport Rule with the corrections proposed by this action.
I. National Technology Transfer Advancement Act
EPA previously discussed the consistency of the proposed Transport
Rule with the requirements of section 12(b) of the National Technology
Transfer and Advancement Act of 1995, (NTAA) Public Law 104-113, 12(d)
(15 U.S.C. 272 note). This action correcting minor, technical errors
does not involve the use of technical standards. The discussion of the
application of NTAA requirements in the proposed Transport Rule remains
fully applicable to the proposed Transport Rule with the corrections
proposed by this action.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EPA previously discussed the application of the requirements of
Executive Order 12898, Federal Actions To Address Environmental Justice
in Minority Populations and Low-Income Populations (59 FR 7629,
February 16, 1994) to the proposed Transport Rule. This action
correcting minor, technical errors does not change the human health or
environmental effects of the proposed Transport Rule on minority, low-
income, and Tribal populations in the United States. The discussion
applying the requirements of Executive Order 12898 in the proposed
Transport Rule remains fully applicable to the proposed Transport Rule
with the corrections proposed by this action.
List of Subjects
40 CFR Part 52
Administrative practice and procedure, Air pollution control,
Intergovernmental relations, Nitrogen oxides, Ozone, Particulate
matter, Regional haze, Reporting and recordkeeping requirements, Sulfur
dioxide.
40 CFR Part 78
Acid rain, Administrative practice and procedure, Air pollution
control, Electric utilities, Intergovernmental relations, Nitrogen
oxides, Reporting and recordkeeping requirements, Sulfur dioxide.
40 CFR Part 97
Administrative practice and procedure, Air pollution control,
Electric utilities, Nitrogen oxides, Reporting and recordkeeping
requirements, Sulfur dioxide.
[[Page 55713]]
Dated: September 8, 2010.
Lisa Jackson,
Administrator.
[FR Doc. 2010-22851 Filed 9-13-10; 8:45 am]
BILLING CODE 6560-50-P