Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units, 51266-51269 [05-16927]

Download as PDF 51266 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations excluded, under figure 2–1, paragraph (34)(g), of the Instruction, from further environmental documentation. This event establishes a safety zone; therefore, paragraph (34)(g) of the Instruction applies. A preliminary ‘‘Environmental Analysis Check List’’ is available in the docket where indicated under ADDRESSES. Comments on this section will be considered before we make the final decision on whether the rule should be categorically excluded from further environmental review. List of Subjects in 33 CFR Part 165 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [MN–86–2; FRL–7962–6] Approval and Promulgation of Air Quality Implementation Plans; Minnesota; Revised Format of 40 CFR Part 52 for Materials Being Incorporated by Reference; Correction Environmental Protection Agency (EPA). ACTION: Final rule; correcting amendment. AGENCY: Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR Part 165 as follows: SUMMARY: This document corrects an error in the amendatory instruction in a final rule pertaining to the Revised Format of 40 CFR part 52 for Materials Being Incorporated by Reference for Minnesota. DATES: I PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: I Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. I 2. A new temporary § 165.T09–108 is added to read as follows: § 165.T09–108 Safety Zone; NY. (a) Location. The following area is a temporary safety zone: all waters of the Niagara River within an 800 foot radius of the fireworks barge moored/anchored in approximate position 43°09′27″ N, 076°20′25″ W (NAD 83). (b) Effective time and date. This section is effective from 10 p.m. (local) until 10:30 p.m. (local) on September 17, 2005. (c) Regulations. In accordance with the general regulations in § 165.23 of this part, entry into this safety zone is prohibited unless authorized by the Coast Guard Captain of the Port Buffalo, or his designated on-scene representative. Dated: August 4, 2005. S.J. Ferguson, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 05–17159 Filed 8–29–05; 8:45 am] BILLING CODE 4910–15–P VerDate Aug<18>2005 15:13 Aug 29, 2005 Jkt 205001 This final rule is effective on August 30, 2005. FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental Engineer, Criteria Pollutant Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, Region 5, Chicago, Illinois 60604, (312) 353–8328, or by e-mail at panos.christos@epa.gov. EPA published a document on February 24, 2005 (70 FR 8930) redesignating § 52.1220 as § 52.1222, when § 52.1222 already existed. The intent of the rule was to remove the then existing § 52.1222 titled ‘‘EPA-approved Minnesota State regulations’’ and then redesignate § 52.1220 as § 52.1222. This document corrects the erroneous amendatory language. SUPPLEMENTARY INFORMATION: Correction In the final rule published in the Federal Register on February 24, 2005 (70 FR 8930), on page 8932 the amendatory instruction is corrected. Section 553 of the Administrative Procedure Act, 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 today’s rule final without prior proposal and opportunity for comment because we are merely correcting an incorrect citation in a previous action. Thus, notice and public procedure are unnecessary. We find that this constitutes good cause under 5 U.S.C. 553(b)(B). PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: August 8, 2005. Norman Niedergang, Acting Regional Administrator, Region 5. Part 52 of chapter I, title 40, Code of Federal Regulations, is amended as follows: I PART 52—[AMENDED] 1. The authority for citation for part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart Y—Minnesota § 52.1222 [Removed] 2. Section 52.1222 titled ‘‘EPAapproved Minnesota State regulations’’ is removed. I § 52.1220 [Redesignated as § 52.1222] 3. Section 52.1220 is redesignated as § 52.1222 and the section heading and paragraph (a) are revised to read as follows: I § 52.1222 section. Original Identification of plan (a) This section identifies the original ‘‘Air Implementation Plan for the State of Minnesota’’ and all revisions submitted by Minnesota that were federally approved prior to December 1, 2004. * * * * * [FR Doc. 05–17203 Filed 8–29–05; 8:45 am] BILLING CODE 6560–50–U ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 60 and 75 [OAR–2002–0056; FRL–7960–1] RIN 2060–AJ65 Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units Environmental Protection Agency (EPA). ACTION: Final rule; corrections. AGENCY: SUMMARY: This action corrects and clarifies certain text of the final rule entitled ‘‘Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating E:\FR\FM\30AUR1.SGM 30AUR1 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations Units.’’ The final rule was published in the Federal Register on May 18, 2005 (70 FR 28606). This action corrects certain section designations set forth in the final rule at 70 FR 28652. In addition, this action corrects certain revisions set forth in the final rule at 70 FR 28678. These corrections do not affect the substance of the action, nor do they change the rights or obligations of any party. Rather, this action merely corrects certain section designations to eliminate duplication with other rules. Thus, it is proper to issue these final rule corrections without notice and comment. 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 action final without prior proposal and opportunity for comment because the changes to the rule are minor technical corrections, are noncontroversial, and do not substantively 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)(B). EFFECTIVE DATE: May 18, 2005. Mr. William Maxwell, Combustion Group, Emission Standards Division (C439–01), EPA, Research Triangle Park, North Carolina, 27711; telephone number (919) 541–5430; fax number (919) 541– 5450; electronic mail address: maxwell.bill@epa.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. What Is the Background for the Corrections? On May 18, 2005 (70 FR 28606), EPA issued a final rule in which EPA promulgated new source performance standards for new coal-fired electric utility steam generating units and emission guidelines for existing coalfired electric utility steam generating units designed to limit mercury (Hg) emissions from such sources. EPA subsequently determined that certain sections of the final rule were not properly designated, i.e., the numbering was not correct, and that certain rule text was not properly identified as introductory text. This action corrects those technical errors. VerDate Aug<18>2005 15:13 Aug 29, 2005 Jkt 205001 II. What Are the Corrections to Final Rule (70 FR 28652, 27678)? This notice corrects the following errors. In inserting a section to 40 CFR part 60, subpart Da (e.g., 40 CFR 60.45a), to incorporate emission limitations for Hg, subsequent sections were renumbered. In so doing, we inadvertently assigned section numbers to 40 CFR part 60, subpart Da, that were already in use in 40 CFR part 60, subpart Ea. To correct this error, it is necessary to renumber all of the sections in 40 CFR part 60, subpart Da, and to correct the associated internal references in the same manner. Further, in revising 40 CFR 75.6, we inadvertently indicated that we were revising entire paragraphs, rather than just the introductory text. III. 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 (OMB). 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, 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. 104B4). 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. The corrections do 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). Today’s action also does not significantly or uniquely affect the communities of Tribal governments, as specified in Executive Order 13175, Consultation and Coordination with Indian Tribal Governments (65 FR 67249, November 9, 2000). The technical corrections also are not subject to Executive Order 13045, Protection of PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 51267 Children from Environmental Health and Safety Risks (62 FR 19885, April 23, 1997) because this action is not economically significant. The corrections are 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. The corrections do not involve changes to the technical standards related to test methods or monitoring methods; 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. The corrections also do 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, 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. EPA will submit a report containing today’s 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 today’s action in the Federal Register. Today’s action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). The final rule will be effective on May 18, 2005. EPA’s compliance with the above statutes and EO for the underlying rule is discussed in the May 18, 2005 Federal Register notice containing ‘‘Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units’’ (70 FR 28606). List of Subjects 40 CFR Part 60 Environmental protection, Administrative practice and procedure, Air pollution control, Coal, Electric power plants, Incorporation by reference, Intergovernmental relations, Metals, Natural gas, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides. E:\FR\FM\30AUR1.SGM 30AUR1 51268 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 40 CFR Part 75 Acid rain, Air pollution control, Carbon dioxide, Electric utilities, Incorporation by reference, Nitrogen oxides, Reporting and recordkeeping requirements, Sulfur oxides. b. Revising the existing reference in paragraph (b) from ‘‘§60.50a(g)’’ to ‘‘§60.50Da(g)’’. I § 60.47Da Dated: August 19, 2005. Jeffrey R. Holmstead, Assistant Administrator, Office of Air and Radiation. For the reasons stated in the preamble, title 40, chapter I of the Code of the Federal Regulations is amended as follows: I PART 60—[AMENDED] § 60.48Da 1. The authority citation for part 60 continues to read as follows: I Subpart Da—[AMENDED] 2. Subpart Da is amended as follows: a. Redesignating § 60.40a as § 60.40Da; b. Redesignating § 60.41a as § 60.41Da; I c. Redesignating § 60.42a as § 60.42Da; I d. Redesignating § 60.43a as § 60.43Da; I e. Redesignating § 60.44a as § 60.44Da; I f. Redesignating § 60.45a as § 60.45Da; I g. Redesignating § 60.46a as § 60.46Da; I h. Redesignating § 60.47a as § 60.47Da; I i. Redesignating § 60.48a as § 60.48Da; I j. Redesignating § 60.49a as § 60.49Da; I k. Redesignating § 60.50a as § 60.50Da; I l. Redesignating § 60.51a as § 60.51Da; and I m. Redesignating § 60.52a as § 60.52Da. I I I [Amended] 3. Newly redesignated § 60.43Da is amended by revising the existing reference in paragraph (f) from ‘‘§ 60.45a’’ to ‘‘§ 60.47Da’’. I § 60.44Da [Amended] 4. Newly redesignated § 60.44Da is amended as follows: I a. Revising the existing reference in paragraph (a) from ‘‘§ 60.46a(j)(1)’’ to ‘‘§ 60.48Da(j)(1)’’; I b. Revising the existing reference in paragraph (b) from ‘‘§ 60.45a’’ to ‘‘§ 60.47Da’’; and I c. Revising the existing reference in paragraph (d)(1) from ‘‘§ 60.46a(k)(1)’’ to ‘‘§ 60.48Da(k)(1)’’. I § 60.45Da [Amended] 5. Newly redesignated § 60.45Da is amended by: I a. Revising the existing reference in paragraph (a) from ‘‘§ 60.50a(h)’’ to ‘‘§ 60.50Da(h)’’; and I VerDate Aug<18>2005 15:13 Aug 29, 2005 Jkt 205001 [Amended] 7. Newly redesignated § 60.48Da is amended as follows: I a. Revising the existing references in paragraph (a) from ‘‘§ 60.42a(a)(1)’’ to ‘‘§ 60.42Da(a)(1)’’ and from ‘‘§ 60.42a(a)(2) and (3)’’ to ‘‘§ 60.42Da(a)(2) and (3)’’; I b. Revising the existing references in paragraph (b) from ‘‘§ 60.44a(a)’’ to ‘‘§ 60.44Da(a)’’ and from ‘‘§ 60.44a(a)(2)’’ to ‘‘§ 60.44Da(a)(2)’’; I c. Revising the existing references in paragraph (c) from ‘‘§ 60.42a’’ to ‘‘§ 60.42Da’’, from ‘‘§ 60.44a’’ to ‘‘§ 60.44Da’’, and from ‘‘§ 60.45a’’ to ‘‘§ 60.45Da’’; I d. Revising the existing reference in paragraph (d)(3) from ‘‘§ 60.43a’’ to ‘‘§ 60.43Da’’; I e. Revising the existing references in paragraph (e) from ‘‘§ 60.43a’’ to ‘‘§ 60.43Da’’ and from ‘‘§ 60.44a’’ to ‘‘§ 60.44Da’’; I f. Revising the existing references in paragraph (f) from ‘‘§ 60.43a’’ to ‘‘§ 60.43Da’’ and from ‘‘§ 60.44a’’ to ‘‘§ 60.44Da’’; I g. Revising the existing references in paragraph (h) from ‘‘§ 60.49a’’ to ‘‘§ 60.49Da’’, from ‘‘§ 60.43a’’ to ‘‘§ 60.43Da’’, and from ‘‘60.44a’’ to ‘‘§ 60.44Da’’; I h. Revising the existing references in paragraph (i) from ‘‘§ 60.44a(d)(1)’’ to ‘‘§ 60.44Da(d)(1)’’, from ‘‘§ 60.49a(c)’’ to ‘‘§ 60.49Da(c)’’, from ‘‘§ 60.49a(l)’’ to ‘‘§ 60.49Da(l)’’, and from ‘‘§ 60.49a(k)’’ to ‘‘§ 60.49Da(k)’’; I i. Revising the existing reference in paragraph (j) introductory text from ‘‘§ 60.44a(a)(1)’’ to ‘‘§ 60.44Da(a)(1)’’; I j. Revising the existing reference in paragraph (j)(1) from ‘‘§ 60.44a(a)(1)’’ to ‘‘§ 60.44Da(a)(1)’’; I k. Revising the existing references in paragraph (j)(2) from ‘‘§ 60.49a’’ to ‘‘§ 60.49Da’’; I l. Revising the existing references in paragraph (k) introductory text from ‘‘§ 60.44a(d)(1)’’ to ‘‘§ 60.44Da(d)(1)’’; I Authority: 42 U.S.C. 7401, 7403, 7426, and 7601. § 60.43Da [Amended] 6. Newly redesignated § 60.47Da is amended as follows: I a. Revising the existing reference in paragraph (b) from ‘‘§ 60.43a(c)’’ to ‘‘§ 60.43Da(c)’’; I b. Revising the existing reference in paragraph (c) from ‘‘§ 60.43a(a)’’ to ‘‘§ 60.43Da(a)’’; and I c. Revising the existing reference in paragraph (d) from ‘‘§ 60.44a(a)’’ to ‘‘§ 60.44Da(a)’’. I PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 m. Revising the existing reference in paragraph (k)(1) from ‘‘§ 60.44a(d)(1)’’ to ‘‘§ 60.44Da(d)(1)’’; I n. Revising the existing reference in paragraph (k)(1)(iv) from ‘‘§ 60.44a(d)(1)’’ to ‘‘§ 60.44Da(d)(1)’’; I o. Revising the existing reference in paragraph (k)(2) introductory text from ‘‘§ 60.44a(d)(1)’’ to ‘‘§ 60.44Da(d)(1)’’; I p. Revising the existing references in paragraph (k)(2)(ii) from ‘‘§ 60.49a’’ to ‘‘§ 60.49Da’’ and from ‘‘§ 60.49a(l)’’ to ‘‘§ 60.49Da(l)’’; I q. Revising the existing reference in paragraph (k)(2)(iii) from ‘‘§ 60.49a(k)’’ to ‘‘§ 60.49Da(k)’’; I r. Revising the existing reference in paragraph (k)(2)(iv) from ‘‘§ 60.49a(l)’’ to ‘‘§ 60.49Da(l)’’; and I s. Revising the existing references in paragraph (l) from ‘‘§ 60.45a’’ to ‘‘§ 60.45Da’’, from ‘‘§ 60.49a(p)’’ to ‘‘§ 60.49Da(p)’’, from ‘‘§ 60.49a(l) or (m)’’ to ‘‘§ 60.49Da(l) or (m)’’, and from ‘‘§ 60.49a(k)’’ to ‘‘§ 60.49Da(k)’’. I § 60.49Da [Amended] 8. Newly redesignated § 60.49Da is amended as follows: I a. Revising the existing reference in paragraph (b)(2) from ‘‘§ 60.43a(d)’’ to ‘‘§ 60.43Da(d)’’; I b. Revising the existing references in paragraph (c)(2) from ‘‘§ 60.51a’’ to ‘‘§ 60.51Da’’; I c. Revising the existing reference in paragraph (g) from ‘‘§ 60.48a’’ to ‘‘§ 60.48Da’’; I d. Revising the existing reference in paragraph (k) from ‘‘§ 60.44a(d)(1)’’ to ‘‘§ 60.44Da(d)(1)’’; I e. Revising the existing reference in paragraph (l) from ‘‘§ 60.44a(d)(1)’’ to ‘‘§ 60.44Da(d)(1)’’; I f. Revising the existing references in paragraph (o) from ‘‘§ 60.41a’’ to ‘‘§ 60.41Da’’ and from ‘‘§ 60.44a(a)(1) or (d)(1)’’ to ‘‘§ 60.44Da(a)(1) or (d)(1)’’; I g. Revising the existing reference in paragraph (p) from ‘‘§ 60.45a’’ to ‘‘§ 60.45Da’’; I h. Revising the existing reference in paragraph (p)(4)(iii) from ‘‘§ 60.49a(p)(4)(i)’’ to ‘‘§ 60.49Da(p)(4)(i)’’; and I i. Revising the existing reference in paragraph (p)(4)(iv) from ‘‘§ 60.49a(p)(4)(i)’’ to ‘‘§ 60.49Da(p)(4)(i)’’. I § 60.50Da [Amended] 9. Newly redesignated § 60.50Da is amended as follows: I a. Revising the existing reference in paragraph (b) introductory text from ‘‘§ 60.42a’’ to ‘‘§ 60.42Da’’; I b. Revising the existing reference in paragraph (c) introductory text from ‘‘§ 60.43a’’ to ‘‘§ 60.43Da’’; I E:\FR\FM\30AUR1.SGM 30AUR1 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations c. Revising the existing reference in paragraph (c)(5) from ‘‘§ 60.49a(b) and (d)’’ to ‘‘§ 60.49Da(b) and (d)’’; I d. Revising the existing reference in paragraph (d) introductory text from ‘‘§ 60.44a’’ to ‘‘§ 60.44Da’’; I e. Revising the existing reference in paragraph (d)(2) from ‘‘§ 60.49a(c) and (d)’’ to ‘‘§ 60.49Da(c) and (d)’’; I f. Revising the existing reference in paragraph (e)(2) from ‘‘§ 60.48a(d)(1)’’ to ‘‘§ 60.48Da(d)(1)’’; I g. Revising the existing references in paragraph (g) introductory text from ‘‘§ 60.45a’’ to ‘‘§ 60.45Da’’ and from ‘‘§ 60.46a’’ to ‘‘§ 60.46Da’’; I h. Revising the existing reference in paragraph (h) introductory text from ‘‘§ 60.45a’’ to ‘‘§ 60.45Da’’; and I i. Revising the existing reference in paragraph (h)(1) from ‘‘§ 60.49a(p)(4)(i)’’ to ‘‘§ 60.49Da(p)(4)(i)’’. I § 60.51Da [Amended] 10. Newly redesignated § 60.51Da is amended as follows: I a. Revising the existing references in paragraph (c) introductory text from ‘‘§ 60.49a’’ to ‘‘§ 60.49Da’’ and from ‘‘§ 60.48a(h)’’ to ‘‘§ 60.48Da(h)’’; I b. Revising the existing reference in paragraph (d) introductory text from ‘‘§ 60.43a’’ to ‘‘§ 60.43Da’’; I c. Revising the existing reference in paragraph (d)(1) from ‘‘§ 60.48a(d)’’ to ‘‘§ 60.48Da(d)’’; I d. Revising the existing reference in paragraph (e) introductory text from ‘‘§ 60.43a’’ to ‘‘§ 60.43Da’’; I e. Revising the existing reference in paragraph (e)(1) from ‘‘§ 60.50a’’ to ‘‘§ 60.50Da’’; and I f. Revising the existing reference in paragraph (i) from ‘‘§ 60.42a(b)’’ to ‘‘§ 60.42Da(b)’’. I § 60.52Da 11. Newly redesignated § 60.52Da is amended by revising the existing references from ‘‘§ 60.45a’’ to ‘‘§ 60.45Da’’ and from ‘‘§ 60.46a’’ to ‘‘§ 60.46Da’’. PART 75—[AMENDED] 12. The authority citation for part 75 continues to read as follows: I Authority: 42 U.S.C. 7601, 7651k, and 7651k. 13. Section 75.6 is amended by revising paragraphs (b) introductory text, (c), (d) introductory text, and (e) introductory text to read as follows: I Incorporation by reference. * * * * * (b) The following materials are available for purchase from the VerDate Aug<18>2005 15:13 Aug 29, 2005 [FR Doc. 05–16927 Filed 8–29–05; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [OAR–2003–0121; AD–FRL–7961–9] RIN 2060–AN09 National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing Environmental Protection Agency (EPA). ACTION: Partial withdrawal of direct final rule. AGENCY: [Amended] I § 75.6 American Society of Mechanical Engineers (ASME), 22 Law Drive, P.O. Box 2900, Fairfield, New Jersey 07007– 2900: * * * * * (c) The following materials are available for purchase from the American National Standards Institute (ANSI), 25 West 43rd Street, Fourth Floor, New York, New York 10036: (1) ISO 8316: 1987(E) Measurement of Liquid Flow in closed Conduits-Method by Collection of the Liquid in a Volumetric Tank, for appendices D and E of this part. (2) [Reserved]. * * * * * (d) The following materials are available for purchase from the following address: Gas Processors Association (GPA), 6526 East 60th Street, Tulsa, Oklahoma 74143: * * * * * (e) The following American Gas Association materials are available for purchase from the following address: ILI Infodisk, 610 Winters Avenue, Paramus, New Jersey 07652: * * * * * Jkt 205001 SUMMARY: On July 1, 2005, the EPA issued direct final amendments to the national emission standards for hazardous air pollutants (NESHAP) for Miscellaneous Organic Chemical Manufacturing, along with a parallel proposal to be used as the basis for final action in the event EPA received any adverse comments on the direct final amendments. Because adverse comment was received, EPA is withdrawing the corresponding parts of the direct final rule. We stated in that direct final rule that if we received adverse comment by August 1, 2005, we would publish a timely withdrawal in the Federal Register. We will address all comments in a subsequent final rule based on the PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 51269 parallel proposal published on July 1, 2005. As stated in the parallel proposal, we will not institute a second comment period on this action. DATES: As of August 30, 2005, EPA withdraws the direct final rule amendments to 40 CFR 63.2485(c)(4) and Table 1 to subpart FFFF of part 63, published on July 1, 2005 (70 FR 38554). The remaining provisions published on July 1, 2005, will be effective on August 30, 2005. ADDRESSES: EPA has established a docket for this action under Docket ID No. OAR–2003–0121. All documents in the docket are listed in the index at http://www.epa.gov/edocket. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in EDOCKET or in hard copy at: Air and Radiation Docket, EPA/ DC, EPA West, Room B102, 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 Air Docket is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: Mr. Randy McDonald, Organic Chemicals Group, Emission Standards Division (Mail Code C504–04), U.S. EPA, Research Triangle Park, North Carolina 27711, telephone number (919) 541– 5402, electronic mail address mcdonald.randy@epa.gov. SUPPLEMENTARY INFORMATION: On July 1, 2005, we published a direct final rule (70 FR 38554) and a parallel proposal (70 FR 38562) amending the NESHAP for Miscellaneous Organic Chemical Manufacturing (40 CFR part 63, subpart FFFF). We amended the NESHAP by: Clarifying the compliance requirements for flares and the alternative standard, extending the vapor balancing alternative to cover transfers from barges to storage tanks, amending the procedures for correcting measured concentrations at the outlet of combustion devices to correct for dilution by supplemental gas, and clarifying the signature requirements for the notification of compliance status report. The direct final rule amendments also specified requirements for effluent from control devices, clarified the definition of the term continuous process vent, and E:\FR\FM\30AUR1.SGM 30AUR1

Agencies

[Federal Register Volume 70, Number 167 (Tuesday, August 30, 2005)]
[Rules and Regulations]
[Pages 51266-51269]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16927]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 75

[OAR-2002-0056; FRL-7960-1]
RIN 2060-AJ65


Standards of Performance for New and Existing Stationary Sources: 
Electric Utility Steam Generating Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; corrections.

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SUMMARY: This action corrects and clarifies certain text of the final 
rule entitled ``Standards of Performance for New and Existing 
Stationary Sources: Electric Utility Steam Generating

[[Page 51267]]

Units.'' The final rule was published in the Federal Register on May 
18, 2005 (70 FR 28606).
    This action corrects certain section designations set forth in the 
final rule at 70 FR 28652. In addition, this action corrects certain 
revisions set forth in the final rule at 70 FR 28678. These corrections 
do not affect the substance of the action, nor do they change the 
rights or obligations of any party. Rather, this action merely corrects 
certain section designations to eliminate duplication with other rules. 
Thus, it is proper to issue these final rule corrections without notice 
and comment. 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 action final 
without prior proposal and opportunity for comment because the changes 
to the rule are minor technical corrections, are noncontroversial, and 
do not substantively 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)(B).

EFFECTIVE DATE: May 18, 2005.

FOR FURTHER INFORMATION CONTACT: Mr. William Maxwell, Combustion Group, 
Emission Standards Division (C439-01), EPA, Research Triangle Park, 
North Carolina, 27711; telephone number (919) 541-5430; fax number 
(919) 541-5450; electronic mail address: maxwell.bill@epa.gov.

SUPPLEMENTARY INFORMATION:

I. What Is the Background for the Corrections?

    On May 18, 2005 (70 FR 28606), EPA issued a final rule in which EPA 
promulgated new source performance standards for new coal-fired 
electric utility steam generating units and emission guidelines for 
existing coal-fired electric utility steam generating units designed to 
limit mercury (Hg) emissions from such sources. EPA subsequently 
determined that certain sections of the final rule were not properly 
designated, i.e., the numbering was not correct, and that certain rule 
text was not properly identified as introductory text. This action 
corrects those technical errors.

II. What Are the Corrections to Final Rule (70 FR 28652, 27678)?

    This notice corrects the following errors. In inserting a section 
to 40 CFR part 60, subpart Da (e.g., 40 CFR 60.45a), to incorporate 
emission limitations for Hg, subsequent sections were renumbered. In so 
doing, we inadvertently assigned section numbers to 40 CFR part 60, 
subpart Da, that were already in use in 40 CFR part 60, subpart Ea. To 
correct this error, it is necessary to renumber all of the sections in 
40 CFR part 60, subpart Da, and to correct the associated internal 
references in the same manner. Further, in revising 40 CFR 75.6, we 
inadvertently indicated that we were revising entire paragraphs, rather 
than just the introductory text.

III. 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 (OMB). 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, 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. 104B4). 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.
    The corrections do 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).
    Today's action also does not significantly or uniquely affect the 
communities of Tribal governments, as specified in Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments (65 
FR 67249, November 9, 2000). The technical corrections also are not 
subject to Executive Order 13045, Protection of Children from 
Environmental Health and Safety Risks (62 FR 19885, April 23, 1997) 
because this action is not economically significant.
    The corrections are 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.
    The corrections do not involve changes to the technical standards 
related to test methods or monitoring methods; 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.
    The corrections also do 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, 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. EPA will submit a report containing today's 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 today's action in the Federal Register. Today's 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). The final 
rule will be effective on May 18, 2005.
    EPA's compliance with the above statutes and EO for the underlying 
rule is discussed in the May 18, 2005 Federal Register notice 
containing ``Standards of Performance for New and Existing Stationary 
Sources: Electric Utility Steam Generating Units'' (70 FR 28606).

List of Subjects

40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Coal, Electric power plants, Incorporation by 
reference, Intergovernmental relations, Metals, Natural gas, Nitrogen 
dioxide, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides.

[[Page 51268]]

40 CFR Part 75

    Acid rain, Air pollution control, Carbon dioxide, Electric 
utilities, Incorporation by reference, Nitrogen oxides, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: August 19, 2005.
Jeffrey R. Holmstead,
Assistant Administrator, Office of Air and Radiation.

0
For the reasons stated in the preamble, title 40, chapter I of the Code 
of the Federal Regulations is amended as follows:

PART 60--[AMENDED]

0
1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7403, 7426, and 7601.

Subpart Da--[AMENDED]

0
2. Subpart Da is amended as follows:
0
a. Redesignating Sec.  60.40a as Sec.  60.40Da;
0
b. Redesignating Sec.  60.41a as Sec.  60.41Da;
0
c. Redesignating Sec.  60.42a as Sec.  60.42Da;
0
d. Redesignating Sec.  60.43a as Sec.  60.43Da;
0
e. Redesignating Sec.  60.44a as Sec.  60.44Da;
0
f. Redesignating Sec.  60.45a as Sec.  60.45Da;
0
g. Redesignating Sec.  60.46a as Sec.  60.46Da;
0
h. Redesignating Sec.  60.47a as Sec.  60.47Da;
0
i. Redesignating Sec.  60.48a as Sec.  60.48Da;
0
j. Redesignating Sec.  60.49a as Sec.  60.49Da;
0
k. Redesignating Sec.  60.50a as Sec.  60.50Da;
0
l. Redesignating Sec.  60.51a as Sec.  60.51Da; and
0
m. Redesignating Sec.  60.52a as Sec.  60.52Da.


Sec.  60.43Da  [Amended]

0
3. Newly redesignated Sec.  60.43Da is amended by revising the existing 
reference in paragraph (f) from ``Sec.  60.45a'' to ``Sec.  60.47Da''.


Sec.  60.44Da  [Amended]

0
4. Newly redesignated Sec.  60.44Da is amended as follows:
0
a. Revising the existing reference in paragraph (a) from ``Sec.  
60.46a(j)(1)'' to ``Sec.  60.48Da(j)(1)'';
0
b. Revising the existing reference in paragraph (b) from ``Sec.  
60.45a'' to ``Sec.  60.47Da''; and
0
c. Revising the existing reference in paragraph (d)(1) from ``Sec.  
60.46a(k)(1)'' to ``Sec.  60.48Da(k)(1)''.


Sec.  60.45Da  [Amended]

0
5. Newly redesignated Sec.  60.45Da is amended by:
0
a. Revising the existing reference in paragraph (a) from ``Sec.  
60.50a(h)'' to ``Sec.  60.50Da(h)''; and
0
b. Revising the existing reference in paragraph (b) from 
``Sec. 60.50a(g)'' to ``Sec. 60.50Da(g)''.


Sec.  60.47Da  [Amended]

0
6. Newly redesignated Sec.  60.47Da is amended as follows:
0
a. Revising the existing reference in paragraph (b) from ``Sec.  
60.43a(c)'' to ``Sec.  60.43Da(c)'';
0
b. Revising the existing reference in paragraph (c) from ``Sec.  
60.43a(a)'' to ``Sec.  60.43Da(a)''; and
0
c. Revising the existing reference in paragraph (d) from ``Sec.  
60.44a(a)'' to ``Sec.  60.44Da(a)''.


Sec.  60.48Da  [Amended]

0
7. Newly redesignated Sec.  60.48Da is amended as follows:
0
a. Revising the existing references in paragraph (a) from ``Sec.  
60.42a(a)(1)'' to ``Sec.  60.42Da(a)(1)'' and from ``Sec.  60.42a(a)(2) 
and (3)'' to ``Sec.  60.42Da(a)(2) and (3)'';
0
b. Revising the existing references in paragraph (b) from ``Sec.  
60.44a(a)'' to ``Sec.  60.44Da(a)'' and from ``Sec.  60.44a(a)(2)'' to 
``Sec.  60.44Da(a)(2)'';
0
c. Revising the existing references in paragraph (c) from ``Sec.  
60.42a'' to ``Sec.  60.42Da'', from ``Sec.  60.44a'' to ``Sec.  
60.44Da'', and from ``Sec.  60.45a'' to ``Sec.  60.45Da'';
0
d. Revising the existing reference in paragraph (d)(3) from ``Sec.  
60.43a'' to ``Sec.  60.43Da'';
0
e. Revising the existing references in paragraph (e) from ``Sec.  
60.43a'' to ``Sec.  60.43Da'' and from ``Sec.  60.44a'' to ``Sec.  
60.44Da'';
0
f. Revising the existing references in paragraph (f) from ``Sec.  
60.43a'' to ``Sec.  60.43Da'' and from ``Sec.  60.44a'' to ``Sec.  
60.44Da'';
0
g. Revising the existing references in paragraph (h) from ``Sec.  
60.49a'' to ``Sec.  60.49Da'', from ``Sec.  60.43a'' to ``Sec.  
60.43Da'', and from ``60.44a'' to ``Sec.  60.44Da'';
0
h. Revising the existing references in paragraph (i) from ``Sec.  
60.44a(d)(1)'' to ``Sec.  60.44Da(d)(1)'', from ``Sec.  60.49a(c)'' to 
``Sec.  60.49Da(c)'', from ``Sec.  60.49a(l)'' to ``Sec.  60.49Da(l)'', 
and from ``Sec.  60.49a(k)'' to ``Sec.  60.49Da(k)'';
0
i. Revising the existing reference in paragraph (j) introductory text 
from ``Sec.  60.44a(a)(1)'' to ``Sec.  60.44Da(a)(1)'';
0
j. Revising the existing reference in paragraph (j)(1) from ``Sec.  
60.44a(a)(1)'' to ``Sec.  60.44Da(a)(1)'';
0
k. Revising the existing references in paragraph (j)(2) from ``Sec.  
60.49a'' to ``Sec.  60.49Da'';
0
l. Revising the existing references in paragraph (k) introductory text 
from ``Sec.  60.44a(d)(1)'' to ``Sec.  60.44Da(d)(1)'';
0
m. Revising the existing reference in paragraph (k)(1) from ``Sec.  
60.44a(d)(1)'' to ``Sec.  60.44Da(d)(1)'';
0
n. Revising the existing reference in paragraph (k)(1)(iv) from ``Sec.  
60.44a(d)(1)'' to ``Sec.  60.44Da(d)(1)'';
0
o. Revising the existing reference in paragraph (k)(2) introductory 
text from ``Sec.  60.44a(d)(1)'' to ``Sec.  60.44Da(d)(1)'';
0
p. Revising the existing references in paragraph (k)(2)(ii) from 
``Sec.  60.49a'' to ``Sec.  60.49Da'' and from ``Sec.  60.49a(l)'' to 
``Sec.  60.49Da(l)'';
0
q. Revising the existing reference in paragraph (k)(2)(iii) from 
``Sec.  60.49a(k)'' to ``Sec.  60.49Da(k)'';
0
r. Revising the existing reference in paragraph (k)(2)(iv) from ``Sec.  
60.49a(l)'' to ``Sec.  60.49Da(l)''; and
0
s. Revising the existing references in paragraph (l) from ``Sec.  
60.45a'' to ``Sec.  60.45Da'', from ``Sec.  60.49a(p)'' to ``Sec.  
60.49Da(p)'', from ``Sec.  60.49a(l) or (m)'' to ``Sec.  60.49Da(l) or 
(m)'', and from ``Sec.  60.49a(k)'' to ``Sec.  60.49Da(k)''.


Sec.  60.49Da  [Amended]

0
8. Newly redesignated Sec.  60.49Da is amended as follows:
0
a. Revising the existing reference in paragraph (b)(2) from ``Sec.  
60.43a(d)'' to ``Sec.  60.43Da(d)'';
0
b. Revising the existing references in paragraph (c)(2) from ``Sec.  
60.51a'' to ``Sec.  60.51Da'';
0
c. Revising the existing reference in paragraph (g) from ``Sec.  
60.48a'' to ``Sec.  60.48Da'';
0
d. Revising the existing reference in paragraph (k) from ``Sec.  
60.44a(d)(1)'' to ``Sec.  60.44Da(d)(1)'';
0
e. Revising the existing reference in paragraph (l) from ``Sec.  
60.44a(d)(1)'' to ``Sec.  60.44Da(d)(1)'';
0
f. Revising the existing references in paragraph (o) from ``Sec.  
60.41a'' to ``Sec.  60.41Da'' and from ``Sec.  60.44a(a)(1) or (d)(1)'' 
to ``Sec.  60.44Da(a)(1) or (d)(1)'';
0
g. Revising the existing reference in paragraph (p) from ``Sec.  
60.45a'' to ``Sec.  60.45Da'';
0
h. Revising the existing reference in paragraph (p)(4)(iii) from 
``Sec.  60.49a(p)(4)(i)'' to ``Sec.  60.49Da(p)(4)(i)''; and
0
i. Revising the existing reference in paragraph (p)(4)(iv) from ``Sec.  
60.49a(p)(4)(i)'' to ``Sec.  60.49Da(p)(4)(i)''.


Sec.  60.50Da  [Amended]

0
9. Newly redesignated Sec.  60.50Da is amended as follows:
0
a. Revising the existing reference in paragraph (b) introductory text 
from ``Sec.  60.42a'' to ``Sec.  60.42Da'';
0
b. Revising the existing reference in paragraph (c) introductory text 
from ``Sec.  60.43a'' to ``Sec.  60.43Da'';

[[Page 51269]]

0
c. Revising the existing reference in paragraph (c)(5) from ``Sec.  
60.49a(b) and (d)'' to ``Sec.  60.49Da(b) and (d)'';
0
d. Revising the existing reference in paragraph (d) introductory text 
from ``Sec.  60.44a'' to ``Sec.  60.44Da'';
0
e. Revising the existing reference in paragraph (d)(2) from ``Sec.  
60.49a(c) and (d)'' to ``Sec.  60.49Da(c) and (d)'';
0
f. Revising the existing reference in paragraph (e)(2) from ``Sec.  
60.48a(d)(1)'' to ``Sec.  60.48Da(d)(1)'';
0
g. Revising the existing references in paragraph (g) introductory text 
from ``Sec.  60.45a'' to ``Sec.  60.45Da'' and from ``Sec.  60.46a'' to 
``Sec.  60.46Da'';
0
h. Revising the existing reference in paragraph (h) introductory text 
from ``Sec.  60.45a'' to ``Sec.  60.45Da''; and
0
i. Revising the existing reference in paragraph (h)(1) from ``Sec.  
60.49a(p)(4)(i)'' to ``Sec.  60.49Da(p)(4)(i)''.


Sec.  60.51Da  [Amended]

0
10. Newly redesignated Sec.  60.51Da is amended as follows:
0
a. Revising the existing references in paragraph (c) introductory text 
from ``Sec.  60.49a'' to ``Sec.  60.49Da'' and from ``Sec.  60.48a(h)'' 
to ``Sec.  60.48Da(h)'';
0
b. Revising the existing reference in paragraph (d) introductory text 
from ``Sec.  60.43a'' to ``Sec.  60.43Da'';
0
c. Revising the existing reference in paragraph (d)(1) from ``Sec.  
60.48a(d)'' to ``Sec.  60.48Da(d)'';
0
d. Revising the existing reference in paragraph (e) introductory text 
from ``Sec.  60.43a'' to ``Sec.  60.43Da'';
0
e. Revising the existing reference in paragraph (e)(1) from ``Sec.  
60.50a'' to ``Sec.  60.50Da''; and
0
f. Revising the existing reference in paragraph (i) from ``Sec.  
60.42a(b)'' to ``Sec.  60.42Da(b)''.


Sec.  60.52Da  [Amended]

0
11. Newly redesignated Sec.  60.52Da is amended by revising the 
existing references from ``Sec.  60.45a'' to ``Sec.  60.45Da'' and from 
``Sec.  60.46a'' to ``Sec.  60.46Da''.

PART 75--[AMENDED]

0
12. The authority citation for part 75 continues to read as follows:

    Authority: 42 U.S.C. 7601, 7651k, and 7651k.


0
13. Section 75.6 is amended by revising paragraphs (b) introductory 
text, (c), (d) introductory text, and (e) introductory text to read as 
follows:


Sec.  75.6  Incorporation by reference.

* * * * *
    (b) The following materials are available for purchase from the 
American Society of Mechanical Engineers (ASME), 22 Law Drive, P.O. Box 
2900, Fairfield, New Jersey 07007-2900:
* * * * *
    (c) The following materials are available for purchase from the 
American National Standards Institute (ANSI), 25 West 43rd Street, 
Fourth Floor, New York, New York 10036:
    (1) ISO 8316: 1987(E) Measurement of Liquid Flow in closed 
Conduits-Method by Collection of the Liquid in a Volumetric Tank, for 
appendices D and E of this part.
    (2) [Reserved].
* * * * *
    (d) The following materials are available for purchase from the 
following address: Gas Processors Association (GPA), 6526 East 60th 
Street, Tulsa, Oklahoma 74143:
* * * * *
    (e) The following American Gas Association materials are available 
for purchase from the following address: ILI Infodisk, 610 Winters 
Avenue, Paramus, New Jersey 07652:
* * * * *
[FR Doc. 05-16927 Filed 8-29-05; 8:45 am]
BILLING CODE 6560-50-P