National Emission Standards for Hazardous Air Pollutants for Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing; Technical Correction, 12988-12989 [2010-5964]

Download as PDF 12988 Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules and Regulations We will publish an appropriate amendment to 39 CFR Part 111 to reflect these changes. Stanley F. Mires, Chief Counsel, Legislative. [FR Doc. 2010–5738 Filed 3–17–10; 8:45 am] BILLING CODE 7710–12–P 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 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 AGENCY: Environmental Protection Agency (EPA). 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 letter ‘‘(l)’’ with paragraph letter ‘‘(g)’’. To have this paragraph follow paragraph 63.11563(f) in proper sequence, and to satisfy the cross reference in section 63.11563(c)(2)(iii). To have this paragraph follow corrected paragraph (g) in proper sequence. To have this paragraph follow corrected paragraph (h) in proper sequence. To satisfy the cross reference in section 63.11564(c)(8). mstockstill on DSKH9S0YB1PROD with RULES In section 63.11563, replace paragraph letter ‘‘(m)’’ with paragraph letter ‘‘(h)’’. In section 63.11563, replace paragraph letter ‘‘(n)’’ with paragraph letter ‘‘(i)’’. In section 63.11564(c)(8), replace cross reference to section ‘‘63.11563(b) or (l)’’ with ‘‘63.11563(b) or (g)’’. In section 63.11564(c)(9), replace cross reference to section ‘‘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 VerDate Nov<24>2008 17:27 Mar 17, 2010 Jkt 220001 To satisfy the cross reference in section 63.11564(c)(9). 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. PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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. E:\FR\FM\18MRR1.SGM 18MRR1 mstockstill on DSKH9S0YB1PROD with RULES Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules and Regulations 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, VerDate Nov<24>2008 18:37 Mar 17, 2010 Jkt 220001 Reporting and recordkeeping requirements. Dated: March 11, 2010. Gina McCarthy, Assistant Administrator, Office of Air and Radiation. 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] 1. The authority citation for part 63 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart AAAAAAA-—[Amended] § 63.11563 [Amended] 2. Section 63.11563 is amended by redesignating paragraphs (l), (m) and (n) to become paragraphs (g), (h), and (i), respectively. ■ 3. Section 63.11564 is amended by revising paragraphs (c)(8) and (c)(9) to read as follows: ■ § 63.11564 What are my notification, recordkeeping, and reporting requirements? * * * * * (c) * * * (8) A copy of the site-specific monitoring plan required under § 63.11563(b) or (g). (9) A copy of the approved alternative monitoring plan required under § 63.11563(h), if applicable. * * * * * [FR Doc. 2010–5964 Filed 3–17–10; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 260, 261, 262, 263, 264, 265, 266, 268 and 270 [EPA–RCRA–2008–0678; FRL–9127–9] RIN 2050–AG52 Hazardous Waste Technical Corrections and Clarifications Rule AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: The Environmental Protection Agency (EPA or the Agency) is taking Direct Final action on a number of technical changes that correct or clarify several parts of the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations that relate to hazardous waste identification, manifesting, the hazardous waste PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 12989 generator requirements, standards for owners and operators of hazardous waste treatment, storage and disposal facilities, standards for the management of specific types of hazardous waste and specific types of hazardous waste management facilities, the land disposal restrictions program, and the hazardous waste permit program. These changes correct existing errors in the hazardous waste regulations that have occurred over time in numerous final rules published in the Federal Register, such as typographical errors, incorrect or outdated citations, and omissions. Some of the corrections are necessary to make conforming changes to all appropriate parts of the RCRA hazardous waste regulations for new rules that have since been promulgated. In addition, these changes clarify existing parts of the hazardous waste regulatory program and update references to Department of Transportation (DOT) regulations that have changed since the publication of various RCRA hazardous waste final rules. DATES: This Direct Final Rule is effective on June 16, 2010 without further notice unless EPA receives adverse comments by May 3, 2010. If adverse comment is received, EPA will publish a timely withdrawal of the Direct Final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. No. EPA– HQ–RCRA–2008–0678 by one of the following methods: • https://www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: rcra-docket@epa.gov and oleary.jim@epa.gov. Attention Docket ID No. EPA–HQ–RCRA–2008–0678. • Fax: (202) 566–9744. Attention Docket ID No. EPA–HQ–RCRA–2008– 0678. • Mail: RCRA Docket (2822T), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Attention Docket ID No. EPA–HQ–RCRA–2008– 0678. Please include a total of 2 copies. • Hand Delivery: EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–HQ–RCRA–2008– 0678. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// E:\FR\FM\18MRR1.SGM 18MRR1

Agencies

[Federal Register Volume 75, Number 52 (Thursday, March 18, 2010)]
[Rules and Regulations]
[Pages 12988-12989]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5964]


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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
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