Revised Cross-State Air Pollution Rule Update for the 2008 Ozone NAAQS; Correction, 29948-29949 [2021-11740]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 86, Number 106 (Friday, June 4, 2021)]
[Rules and Regulations]
[Pages 29948-29949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11740]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51, 52, 78, and 97

[EPA-HQ-OAR-2020-0272; FRL-10024-45-OAR]
RIN 2060-AU84


Revised Cross-State Air Pollution Rule Update for the 2008 Ozone 
NAAQS; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: The Environmental Protection Agency (EPA) is correcting 
certain statements in the preamble of the Revised Cross-State Air 
Pollution Rule (CSAPR) Update for the 2008 Ozone NAAQS, which was 
published as a final rule in the Federal Register on April 30, 2021. 
The preamble describes a provision of the final regulatory text 
incorrectly by indicating that the provision applies if a satisfactory 
demonstration is made, when in fact no demonstration is required. This 
document corrects the preamble to accurately describe the regulatory 
text provision.

DATES: The effective date of this document is June 29, 2021.

FOR FURTHER INFORMATION CONTACT: David Lifland, Clean Air Markets 
Division, Office of Atmospheric Programs, Office of Air and Radiation, 
at [email protected] or 202-343-9151.

SUPPLEMENTARY INFORMATION:

Background

    The Revised CSAPR Update was signed by EPA Administrator Michael 
Regan on March 15, 2021, was published in the Federal Register on April 
30, 2021 (86 FR 23054), and has an effective date of June 29, 2021. 
Among other things, the rule includes provisions at new 40 CFR 
97.811(d) recalling a certain number of allowances issued under the 
CSAPR NOX Ozone Season Group 2 Trading Program (referred to 
here as ``Group 2 allowances'') equivalent in quantity and useability 
to the vintage 2021-2024 Group 2 allowances that EPA had previously 
recorded in the compliance accounts of sources in states covered by the 
new CSAPR NOX Ozone Season Group 3 Trading Program (referred 
to here as ``Group 3 sources''). The recall applies to all Group 3 
sources in whose accounts vintage 2021-2024 Group 2 allowances were 
recorded, including sources that may have already sold the Group 2 
allowances or retired. See generally 86 FR at 23139-142 and 23201-203.
    In response to comments received on the proposal, the regulatory 
text implementing the recall requirements includes a provision intended 
to address the possible circumstance where the current owners and 
operators of a Group 3 source may have obtained ownership and control 
in a transaction that did not also provide rights to direct the use or 
transfer of Group 2 allowances recorded in the source's compliance 
account. In such a circumstance, the regulatory text at new 40 CFR 
97.811(d)(2)(ii)(B) provides that responsibility for complying with the 
Group 2 allowance recall requirements lies with the most recent former 
owners and operators of the source before the occurrence of any such 
transactions. See 86 FR at 23201.

Need for Corrections

    As published, the preamble text describing the regulatory text 
provision at new 40 CFR 97.811(d)(2)(ii)(B) includes an incorrect 
statement.

[[Page 29949]]

Specifically, at two locations the preamble text states that the 
provision applies if the occurrence of a qualifying transaction is 
``demonstrated to EPA's satisfaction'' and further states that the 
relevant former owners and operators are identified by reference to 
such demonstrations. See 86 FR at 23139, 23142. In fact, as adopted in 
the final regulatory text, the provision applies whenever a qualifying 
transaction has occurred, with no need for any specific demonstration. 
Further, the relevant former owners and operators are identified by 
reference to such transactions rather than by reference to any 
demonstrations. In order to avoid any confusion that might be caused by 
the incorrect references in the preamble to demonstrations, in this 
document EPA is revising the preamble text to remove the incorrect 
references.
    No change is being made to the regulatory requirements adopted in 
the final rule as already reflected in the regulatory text. This 
correction applies only to the preamble text, and the purpose of the 
correction is to make the preamble consistent with the existing 
regulatory language. This change is not to the rule itself and thus 
does not require the opportunity for notice and comment. Even if this 
change were considered to be a rule, notice and comment would be 
unnecessary because this is a minor technical correction that does not 
substantively alter the regulation. See 5 U.S.C. 553(b)(B). This 
correction will become effective along with the rule on June 29, 2021.

Correction of Publication

0
In rule document 2021-05705 at 86 FR 23054 in the Federal Register 
issue of Friday, April 30, 2021, the following corrections are made:
    1. On page 23139, in the third column, in lines 3-4, remove ``it is 
demonstrated to EPA's satisfaction that'', and in lines 19-20, remove 
``for which such a demonstration is not made'' and add in its place 
``before any such transactions occurred''; and
    2. On page 23142, in the first column, in lines 58-59, remove ``it 
is demonstrated to EPA's satisfaction that'', and in the second column, 
in lines 5-6, remove ``for which such a demonstration is not made'' and 
add in its place ``before any such transactions occurred''.

    Dated: May 27, 2021.
Joseph Goffman,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2021-11740 Filed 6-3-21; 8:45 am]
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