[Federal Register Volume 75, Number 52 (Thursday, March 18, 2010)]
[Rules and Regulations]
[Pages 12988-12989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5964]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2009-0027; FRL-9128-1]
RIN 2060-AO94
National Emission Standards for Hazardous Air Pollutants for Area
Sources: Asphalt Processing and Asphalt Roofing Manufacturing;
Technical Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical correction.
-----------------------------------------------------------------------
SUMMARY: On December 2, 2009, EPA promulgated national emissions
standards for the control of emissions of Hazardous Air Pollutants
(HAP) from the asphalt processing and asphalt roofing manufacturing
area source category (74 FR 63236). Following signature of this final
rule, EPA discovered three inadvertent typographical errors in the
numbering of paragraphs and is correcting those errors in this action.
DATES: This correction is effective on April 19, 2010.
FOR FURTHER INFORMATION CONTACT: Warren Johnson at (919) 541-5124.
SUPPLEMENTARY INFORMATION:
I. Summary of Amendments
We promulgated national emissions standards for the control of
emissions of HAP from the asphalt processing and asphalt roofing
manufacturing area source category on December 2, 2009 (40 CFR part 63,
subpart AAAAAAA). Following signature of the final asphalt processing
and asphalt roofing manufacturing area source standards in subpart
AAAAAAA, we discovered three inadvertent typographical errors in the
lettering of paragraphs in section 63.11563, entitled, ``What are my
Monitoring Requirements?'' We are correcting those errors in this
action. Also, in section 63.11564, entitled, ``What are my
Notification, Recordkeeping, and Reporting Requirements?'' we are
amending cross references to the paragraphs we are correcting in
section 63.11563 to satisfy these cross references. A red line version
of the corrected rule language is available in docket EPA-HQ-OAR-2009-
0027. Table 1 of this preamble describes the five technical corrections
to 40 CFR part 63, subpart AAAAAAA.
Table 1--Technical Corrections to 40 CFR Part 63, Subpart AAAAAAA,
Sections 63.11563 and 63.11564
------------------------------------------------------------------------
Technical correction Reason
------------------------------------------------------------------------
In section 63.11563, replace paragraph To have this paragraph follow
letter ``(l)'' with paragraph letter paragraph 63.11563(f) in
``(g)''. proper sequence, and to
satisfy the cross reference in
section 63.11563(c)(2)(iii).
In section 63.11563, replace paragraph To have this paragraph follow
letter ``(m)'' with paragraph letter corrected paragraph (g) in
``(h)''. proper sequence.
In section 63.11563, replace paragraph To have this paragraph follow
letter ``(n)'' with paragraph letter corrected paragraph (h) in
``(i)''. proper sequence.
In section 63.11564(c)(8), replace To satisfy the cross reference
cross reference to section in section 63.11564(c)(8).
``63.11563(b) or (l)'' with
``63.11563(b) or (g)''.
In section 63.11564(c)(9), replace To satisfy the cross reference
cross reference to section in section 63.11564(c)(9).
``63.11563(m)'' with ``63.11563(h)''.
------------------------------------------------------------------------
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 only simple
typographical errors are being corrected that do not substantially
change the Agency actions taken in the final rule. Thus, notice and
public procedure are 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
F.R. 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
and Safety Risks (62 FR 19885, April 23, 1997) because it is not
economically significant.
[[Page 12989]]
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
(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 technical correction final without prior proposal and
opportunity for comment because only simple typographical errors are
being corrected that do not substantially change the Agency actions
taken in the final rule. Thus, notice and public procedure are
unnecessary. EPA has therefore established an effective date of April
19, 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 will be
effective April 19, 2010.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Incorporation by reference, Reporting and recordkeeping
requirements.
Dated: March 11, 2010.
Gina McCarthy,
Assistant Administrator, Office of Air and Radiation.
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 AAAAAAA---[Amended]
Sec. 63.11563 [Amended]
0
2. Section 63.11563 is amended by redesignating paragraphs (l), (m) and
(n) to become paragraphs (g), (h), and (i), respectively.
0
3. Section 63.11564 is amended by revising paragraphs (c)(8) and (c)(9)
to read as follows:
Sec. 63.11564 What are my notification, recordkeeping, and reporting
requirements?
* * * * *
(c) * * *
(8) A copy of the site-specific monitoring plan required under
Sec. 63.11563(b) or (g).
(9) A copy of the approved alternative monitoring plan required
under Sec. 63.11563(h), if applicable.
* * * * *
[FR Doc. 2010-5964 Filed 3-17-10; 8:45 am]
BILLING CODE 6560-50-P