Approval and Promulgation of Implementation Plans; Revised Format for Materials Being Incorporated by Reference for Florida; Approval of Recodification of the Florida Administrative Code; Correcting Amendments, 37132-37133 [2013-14509]
Download as PDF
<![CDATA[
37132
Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations
(3) Rule 67.0, ‘‘Architectural
Coatings,’’ adopted on December 12,
2001.
*
*
*
*
*
[FR Doc. 2013–14511 Filed 6–19–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0385; FRL–9824–2]
Approval and Promulgation of
Implementation Plans; Revised Format
for Materials Being Incorporated by
Reference for Florida; Approval of
Recodification of the Florida
Administrative Code; Correcting
Amendments
Environmental Protection
Agency (EPA).
ACTION: Correcting amendments.
AGENCY:
On June 16, 1999, EPA
published a final rule in the Federal
Register approving a Florida State
Implementation Plan (SIP) revision,
submitted through the Florida
Department of Environmental Protection
(FDEP) on April 15, 1996. The
submission related to miscellaneous
changes and the recodification of the
Florida Administrative Code (F.A.C.). In
addition, the submittal also contained
several regulations that were supposed
to be removed from the SIP. EPA’s June
16, 1999, action approved the
miscellaneous rule revisions, repeals
and corrections; however, it failed to
ensure the regulatory text reflected all of
the repeals. This correcting amendment
corrects and clarifies errors in the
regulatory language in paragraph (c) of
EPA’s June 16, 1999, final rule.
DATES: Effective on June 20, 2013.
FOR FURTHER INFORMATION CONTACT:
Kelly Sheckler, Air Quality Modeling
and Transportation Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9222.
Ms. Sheckler can be reached via
electronic mail at
sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION: Today’s
action corrects inadvertent errors in
EPA’s June 16, 1999, final rulemaking.
Specifically, this correcting amendment
clarifies that EPA’s June 16, 1999, action
approved the State’s implementation
plan revision that repealed F.A.C. rules
62–297.411 (DEP Method 1), 62–297.412
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:04 Jun 19, 2013
Jkt 229001
(DEP Method 2), 62–297.413 (DEP
Method 3), 62–297.415 (DEP Method 5),
62–297.416 (DEP Method 5A), 62–
297.417 (DEP Method 6) and, 62–
297.423 (EPA Method 12-Determination
of Inorganic Lead Emissions from
Stationary Emission Units). The June 16,
1999, final rule approved the removal of
the test method rules from the SIP.
These rules were repealed because they
were obsolete. Another rule change
provided for the incorporation of the
federally approved American Society for
Testing and Materials (ASTM) methods.
However, EPA’s regulatory text did not
properly indicate that the rules were
repealed. This action corrects these
inadvertent errors.
EPA has determined that today’s
actions fall under the ‘‘good cause’’
exemption in section 553(b)(3)(B) of the
Administrative Procedure Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation where public notice
and comment procedures are
impracticable, unnecessary, or contrary
to the public interest. Public notice and
comment for this action is unnecessary
because today’s action to correct
inadvertent regulatory text errors
included with EPA’s June 16, 1999, final
rule are consistent with the substantive
revisions to the Florida SIP described in
the direct final rule addressing the
miscellaneous revisions and the
recodification of F.A.C. to make the SIP
less complex and correct typographical
errors. In addition, EPA can identify no
particular reason why the public would
be interested in being notified of the
correction, or in having the opportunity
to comment on the correction prior to
this action being finalized, since this
correction action does not change the
meaning of EPA’s analysis or action
addressing the recodification and
miscellaneous revisions to the Florida
SIP. EPA also finds that there is good
cause under APA section 553(d)(3) for
this correction to become effective on
the date of publication of this action.
Section 553(d)(3) of the APA allows an
effective date less than 30 days after
publication ‘‘as otherwise provided by
the agency for good cause found and
published with the rule.’’ 5 U.S.C.
553(d)(3). The purpose of the 30-day
waiting period prescribed in APA
section 553(d)(3) is to give affected
parties a reasonable time to adjust their
behavior and prepare before the final
rule takes effect. Today’s rule, however,
does not create any new regulatory
requirements such that affected parties
would need time to prepare before the
rule takes effect. Rather, today’s action
merely corrects inadvertent errors in the
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
regulatory text of EPA’s prior
rulemaking for the Florida SIP. For
these reasons, EPA finds good cause
under APA section 553(d)(3) for this
correction to become effective on the
date of publication of this action.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely corrects an
inadvertent omission in the regulatory
text of EPA’s June 16, 1999, final rule
addressing the recodification of the
Florida SIP, and miscellaneous changes
and imposes no additional requirements
beyond those already imposed by state
law. Accordingly, the Administrator
certifies that this rule will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). Because this rule
merely corrects an inadvertent omission
in the regulatory text of EPA’s June 16,
1999, final rules addressing
miscellaneous revisions and the
recodification of F.A.C. to make the SIP
less complex and to correct
typographical errors, and does not
impose any additional enforceable duty
beyond that already required by state
law, it does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Public Law 104–4).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
rule also does not have Federalism
implications because it does not have
substantial direct effects on the states,
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 (64 FR 43255,
August 10, 1999). This rule merely
corrects inadvertent errors in the
regulatory text of EPA’s June 16, 1999,
final rule by removing certain repealed
rules from the regulatory text, and does
E:\FR\FM\20JNR1.SGM
20JNR1
Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations
not alter the relationship or the
distribution of power and
responsibilities established in the CAA.
This rule also is not subject to Executive
Order 13045 ‘‘Protection of Children
from Environmental Health Risks and
Safety Risks’’ (62 FR 19885, April 23,
1997), because it is not economically
significant. In addition, this rule does
not involve technical standards, thus
the requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule also
does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, 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 United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: June 3, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
mstockstill on DSK4VPTVN1PROD with RULES
■
Authority: 42 U.S.C. 7401 et seq.
Subpart K—Florida
[Amended]
2. Section 52.520(c) is amended under
Chapter 62–297 by removing the entries
for ‘‘62–297.411’’, ‘‘62–297.412’’, ‘‘62–
■
VerDate Mar<15>2010
16:04 Jun 19, 2013
Jkt 229001
[FR Doc. 2013–14509 Filed 6–19–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2003–0146; FRL–9751–4]
RIN 2060–AP84
National Emission Standards for
Hazardous Air Pollutants From
Petroleum Refineries
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This action amends the
national emission standards for
hazardous air pollutants for heat
exchange systems at petroleum
refineries. The amendments address
issues raised in a petition for
reconsideration of the EPA’s final rule
setting maximum achievable control
technology rules for these systems and
also provides additional clarity and
regulatory flexibility with regard to that
rule. This action does not change the
level of environmental protection
provided under those standards. The
final amendments do not add any new
cost burdens to the refining industry
and may result in cost savings by
establishing an additional monitoring
option that sources may use in lieu of
the monitoring provided in the original
standard.
DATES: The final amendments are
effective on June 20, 2013. The
incorporation by reference of certain
publications listed in the final rule
amendments is approved by the Director
of the Federal Register as of June 20,
2013.
SUMMARY:
The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2003–0146. All
documents in the docket are listed in
the www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(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
www.regulations.gov or in hard copy at
the EPA Docket Center, National
Emission Standards for Hazardous Air
ADDRESSES:
40 CFR part 52 is corrected by making
the following correcting amendments:
§ 52.520
297.413’’, ‘‘62–297.415’’, ‘‘62–297.416’’,
‘‘62–297.417’’ and ‘‘62–297.423’’.
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
37133
Pollutants From Petroleum Refineries,
EPA West Building, Room 3334, 1301
Constitution Ave. NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the Air
Docket is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT: Ms.
Brenda Shine, Office of Air Quality
Planning and Standards, Sector Policies
and Programs Division, Refining and
Chemicals Group (E143–01),
Environmental Protection Agency,
Research Triangle Park, NC 27711,
telephone number: (919) 541–3608; fax
number: (919) 541–0246; email address:
shine.brenda@epa.gov.
SUPPLEMENTARY INFORMATION: The
information in this preamble is
organized as follows:
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this
document?
C. Judicial Review
II. Background Information
A. Executive Summary
B. Background of the Refinery NESHAP
III. Summary of the Final Amendments to
NESHAP for Petroleum Refineries and
Changes Since Proposal
IV. Summary of Comments and Responses
A. Uniform Standards for Heat Exchange
Systems
B. Refinery MACT 1 Requirements for Heat
Exchange Systems
V. Summary of Impacts
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination with Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children from Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898: Federal Actions
to Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. General Information
A. Does this action apply to me?
The regulated category and entities
potentially affected by this final action
include:
E:\FR\FM\20JNR1.SGM
20JNR1
]]>Agencies
[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Rules and Regulations]
[Pages 37132-37133]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14509]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0385; FRL-9824-2]
Approval and Promulgation of Implementation Plans; Revised Format
for Materials Being Incorporated by Reference for Florida; Approval of
Recodification of the Florida Administrative Code; Correcting
Amendments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: On June 16, 1999, EPA published a final rule in the Federal
Register approving a Florida State Implementation Plan (SIP) revision,
submitted through the Florida Department of Environmental Protection
(FDEP) on April 15, 1996. The submission related to miscellaneous
changes and the recodification of the Florida Administrative Code
(F.A.C.). In addition, the submittal also contained several regulations
that were supposed to be removed from the SIP. EPA's June 16, 1999,
action approved the miscellaneous rule revisions, repeals and
corrections; however, it failed to ensure the regulatory text reflected
all of the repeals. This correcting amendment corrects and clarifies
errors in the regulatory language in paragraph (c) of EPA's June 16,
1999, final rule.
DATES: Effective on June 20, 2013.
FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Quality Modeling
and Transportation Section, Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The
telephone number is (404) 562-9222. Ms. Sheckler can be reached via
electronic mail at sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION: Today's action corrects inadvertent errors
in EPA's June 16, 1999, final rulemaking. Specifically, this correcting
amendment clarifies that EPA's June 16, 1999, action approved the
State's implementation plan revision that repealed F.A.C. rules 62-
297.411 (DEP Method 1), 62-297.412 (DEP Method 2), 62-297.413 (DEP
Method 3), 62-297.415 (DEP Method 5), 62-297.416 (DEP Method 5A), 62-
297.417 (DEP Method 6) and, 62-297.423 (EPA Method 12-Determination of
Inorganic Lead Emissions from Stationary Emission Units). The June 16,
1999, final rule approved the removal of the test method rules from the
SIP. These rules were repealed because they were obsolete. Another rule
change provided for the incorporation of the federally approved
American Society for Testing and Materials (ASTM) methods. However,
EPA's regulatory text did not properly indicate that the rules were
repealed. This action corrects these inadvertent errors.
EPA has determined that today's actions fall under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation where public notice and
comment procedures are impracticable, unnecessary, or contrary to the
public interest. Public notice and comment for this action is
unnecessary because today's action to correct inadvertent regulatory
text errors included with EPA's June 16, 1999, final rule are
consistent with the substantive revisions to the Florida SIP described
in the direct final rule addressing the miscellaneous revisions and the
recodification of F.A.C. to make the SIP less complex and correct
typographical errors. In addition, EPA can identify no particular
reason why the public would be interested in being notified of the
correction, or in having the opportunity to comment on the correction
prior to this action being finalized, since this correction action does
not change the meaning of EPA's analysis or action addressing the
recodification and miscellaneous revisions to the Florida SIP. EPA also
finds that there is good cause under APA section 553(d)(3) for this
correction to become effective on the date of publication of this
action. Section 553(d)(3) of the APA allows an effective date less than
30 days after publication ``as otherwise provided by the agency for
good cause found and published with the rule.'' 5 U.S.C. 553(d)(3). The
purpose of the 30-day waiting period prescribed in APA section
553(d)(3) is to give affected parties a reasonable time to adjust their
behavior and prepare before the final rule takes effect. Today's rule,
however, does not create any new regulatory requirements such that
affected parties would need time to prepare before the rule takes
effect. Rather, today's action merely corrects inadvertent errors in
the regulatory text of EPA's prior rulemaking for the Florida SIP. For
these reasons, EPA finds good cause under APA section 553(d)(3) for
this correction to become effective on the date of publication of this
action.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely corrects an inadvertent omission in the regulatory text of EPA's
June 16, 1999, final rule addressing the recodification of the Florida
SIP, and miscellaneous changes and imposes no additional requirements
beyond those already imposed by state law. Accordingly, the
Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
merely corrects an inadvertent omission in the regulatory text of EPA's
June 16, 1999, final rules addressing miscellaneous revisions and the
recodification of F.A.C. to make the SIP less complex and to correct
typographical errors, and does not impose any additional enforceable
duty beyond that already required by state law, it does not contain any
unfunded mandate or significantly or uniquely affect small governments,
as described in the Unfunded Mandates Reform Act of 1995 (Public Law
104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This rule also does not have Federalism
implications because it does not have substantial direct effects on the
states, 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 (64
FR 43255, August 10, 1999). This rule merely corrects inadvertent
errors in the regulatory text of EPA's June 16, 1999, final rule by
removing certain repealed rules from the regulatory text, and does
[[Page 37133]]
not alter the relationship or the distribution of power and
responsibilities established in the CAA. This rule also is not subject
to Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it is not economically significant. In addition, this rule does not
involve technical standards, thus the requirements of section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule also does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, 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
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: June 3, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is corrected by making the following correcting
amendments:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart K--Florida
Sec. 52.520 [Amended]
0
2. Section 52.520(c) is amended under Chapter 62-297 by removing the
entries for ``62-297.411'', ``62-297.412'', ``62-297.413'', ``62-
297.415'', ``62-297.416'', ``62-297.417'' and ``62-297.423''.
[FR Doc. 2013-14509 Filed 6-19-13; 8:45 am]
BILLING CODE 6560-50-P
