Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units, 51266-51269 [05-16927]
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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
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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).
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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
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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.
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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
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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.
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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
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[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
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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
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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.
*
*
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*
(b) The following materials are
available for purchase from the
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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
https://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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
