Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act; Correction, 1040-1041 [2024-31226]

Download as PDF ddrumheller on DSK120RN23PROD with RULES1 1040 Federal Register / Vol. 90, No. 4 / Tuesday, January 7, 2025 / Rules and Regulations position 38°50′52.4″ N, 077°01′10.9″ W, including the waters of the Washington Channel; (3) the area comprising Zone 3, all navigable waters of the Potomac River, from shoreline to shoreline, bounded to the north by a line drawn from the Virginia shoreline at Ronald Reagan Washington National Airport, at 38°51′21.3″ N, 077°02′00.0″ W, eastward across the Potomac River to the District of Columbia shoreline at Hains Point at position 38°51′24.3″ N, 077°01′19.8″ W, thence southward across the Anacostia River to the District of Columbia shoreline at Giesboro Point at position 38°50′52.4″ N, 077°01′10.9″ W, and bounded to the south by the Woodrow Wilson Memorial (I–95/I–495) Bridge, at mile 103.8. As specified in § 165.508 (b), during the enforcement period, entry into or remaining in the zone is prohibited unless authorized by the Coast Guard Captain of the Port Maryland-National Capital Region. Public vessels and vessels already at berth at the time the security zone is implemented do not have to depart the security zone. All vessels underway within the security zone at the time it is implemented are to depart the zone at the time the security zone is implemented. To seek permission to transit the zone, the Captain of the Port Maryland-National Capital Region can be contacted at telephone number (410) 576–2693 or on Marine Band Radio, VHF–FM channel 16 (156.8 MHz). Coast Guard vessels enforcing this zone can be contacted on Marine Band Radio, VHF–FM channel 16 (156.8 MHz). The Coast Guard may be assisted by other Federal, state or local law enforcement agencies in enforcing this regulation. If the Captain of the Port or his designated on-scene patrol personnel determines the security zone need not be enforced for the full duration stated in this notice, a Broadcast Notice to Mariners may be used to suspend enforcement and grant general permission to enter the security zone. This notification of enforcement is issued under authority of 33 CFR 165.508 and 5 U.S.C. 552(a). In addition to this notification of enforcement in the Federal Register, the Coast Guard will provide notification of this enforcement period via the Local Notice to Mariners and marine information broadcasts. Dated: January 2, 2025. Patrick C. Burkett, Captain, U.S. Coast Guard, Captain of the Port, Sector Maryland-National Capital Region. [FR Doc. 2025–00013 Filed 1–6–25; 8:45 am] BILLING CODE 9110–04–P VerDate Sep<11>2014 16:00 Jan 06, 2025 Jkt 265001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA–HQ–OAR–2023–0330; FRL–4908.3– 02–OAR] Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act; Correction Environmental Protection Agency (EPA). ACTION: Final rule; correction. AGENCY: The Environmental Protection Agency (EPA) is making corrections to the Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act (CAA) final rule that appeared in the Federal Register on September 10, 2024. Following publication of this final rule, the EPA discovered an inadvertent typographical error in the regulatory text and is correcting the error in this action. DATES: The final rule is effective on January 7, 2025. ADDRESSES: The EPA has established a docket for this rulemaking under Docket ID No. EPA–HQ–OAR–2023–0330. All documents in the docket are listed on the https://www.regulations.gov/ website. Although listed, 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 electronically through https:// www.regulations.gov/. FOR FURTHER INFORMATION CONTACT: Mr. John Kennedy, Mail Drop: D243–02, 109 T.W. Alexander Drive, P.O. Box 12055, RTP, North Carolina 27711; telephone number: (919) 541–1548; and email address: kennedy.john@epa.gov. SUMMARY: I. Summary of Final Action The EPA is making a correction to the Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act (CAA) final rule that appeared in the Federal Register on September 10, 2024 (89 FR 73293). In the September 10, 2024, final rule, the EPA amended 40 CFR 63.1(c)(6) to include a requirement that sources subject to certain major source NESHAP used to meet the Agency’s obligations under the CAA for seven specific persistent and bioaccumulative PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 pollutants must remain subject to those NESHAP even if the sources reclassify to area source status. Following publication of this final rule, the EPA discovered an inadvertent typographical error in the regulatory text in 40 CFR 63.1(c)(6) and is correcting the error in this action. Specifically, as finalized on September 10, 2024, the regulatory text in 40 CFR 63.1(c)(6)(iii) included a reference to 40 CFR part 63 subpart HHH (National Emission Standards for Hazardous Air Pollutants from Natural Gas Transmission and Storage Facilities) instead of the correct reference, 40 CFR part 63 subpart MMM (National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production). This error was included in the table of CAA 112(c)(6) categories placed in the docket for the Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act (docket ID: EPA–HQ–OAR–2023–0330–0033). The table included the correct source category rule name, National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production, but instead of referencing the correct regulation reference to 40 CFR part 63 subpart MMM, it referenced 40 CFR part 63 subpart HHH. This error found in the table included in the docket was cross referenced in the regulatory text of the final rulemaking. This action corrects this inadvertent typographical error by removing the reference to 40 CFR part 63 subpart HHH from 40 CFR 63.1(c)(6)(iii) and adding the correct reference to 40 CFR part 63 subpart MMM. II. Rulemaking Procedures The EPA’s authority for the rulemaking procedures followed in this action is provided by the Administrative Procedure Act (APA), 5 U.S.C. 553. In general, an agency issuing a rule must provide prior notice and an opportunity for public comment, but APA section 553(b)(B) includes an exemption from notice-and-comment requirements ‘‘when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rule issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.’’ This action is being issued without prior notice or opportunity for public comment because the EPA finds that the APA ‘‘good cause’’ exemption from notice-and-comment requirements applies here. Following notice-and-comment procedures is unnecessary for this action. This action corrects a E:\FR\FM\07JAR1.SGM 07JAR1 Federal Register / Vol. 90, No. 4 / Tuesday, January 7, 2025 / Rules and Regulations ddrumheller on DSK120RN23PROD with RULES1 typographical error to correct a reference in 40 CFR 63.1(c)(6)(iii) to 40 CFR part 63 subpart MMM instead of 40 CFR part 63 subpart HHH. It is critical to timely correct the identified error to avoid confusion. This action is effective immediately upon publication. The APA typically requires publication of a final rule to precede its effective date by at least 30 days unless, as relevant here, the agency finds good cause to make the rule effective sooner. APA section 553(b)(B). Under APA section 553(d), these technical corrections are both necessary and beneficial to regulated entities in understanding and complying with the final rule’s requirements. Further, because this rule does not impose any new regulatory requirements, the regulated community does not need time to prepare for it to come into effect. See Omnipoint Corp. v. Fed. Commc’n Comm’n, 78 F.3d 620, 630 (D.C. Cir. 1996) (in determining whether good cause exists to make a rule immediately effective, an agency should ‘‘balance the necessity for immediate implementation against principles of fundamental fairness which require that all affected persons be afforded a reasonable amount of time to prepare for the effective date of its ruling’’). Good cause exists for this rule to be made immediately effective. The EPA has balanced the necessity for immediate implementation against the benefits of delaying implementation. Because this rule makes a typographical correction to a rule that has already been promulgated, the public is aware of the content of the rule. Making the corrections effective immediately will make the regulatory text consistent with what the proposed rule and the preamble to the final rule have described. PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES 1. The authority citation for part 63 continues to read as follows: ■ Authority: 42 U.S.C. 7401, et seq. Subpart A—General Provisions 2. Amend § 63.1 by revising paragraph (c)(6)(iii) as follows: ■ § 63.1 Applicability. * * * * * (c) * * * (6) * * * (iii) After September 10, 2024, affected sources subject to the following 40 CFR part 63 subparts on September 10, 2024, must remain subject to those subparts, and any modifications thereafter, even if the source becomes an area source by reducing both its actual emissions and potential to emit hazardous air pollutants to below major source thresholds: F, G, H, I, L, R, X, CC, GG, II, JJ, KK, LL, MM, EEE, JJJ, LLL, MMM, RRR, UUU, FFFF, JJJJ, MMMM, PPPP, ZZZZ, CCCCC, DDDDD, FFFFF, IIIII, LLLLL, YYYYY, JJJJJJ, EEEEEEE. * * * * * [FR Doc. 2024–31226 Filed 1–6–25; 8:45 am] BILLING CODE P Environmental Protection Agency (EPA). ACTION: Final determination. This action finalizes the Clean Air Act (CAA) technology review (TR) conducted for the commercial and industrial dry cleaning facilities using perchloroethylene (PCE) as the cleaning solvent (PCE Dry Cleaning) source categories regulated under National Emission Standards for Hazardous air Pollutants (NESHAP). This final rule does not finalize the changes made at proposal and makes no amendments to the current NESHAP given the recently finalized action under the Toxic Substance Control Act (TSCA) which CAA Clean Air Act CFR Code of Federal Regulations EPA U.S. Environmental Protection Agency FR Federal Register GACT generally available control technology HAP hazardous air pollutants(s) LDAR leak detection and repair MACT maximum achievable control technology NAICS North American Industry Classification System NESHAP National Emission Standards for Hazardous Air Pollutants NTTAA National Technology Transfer and Advancement Act 40 CFR Part 63 [EPA–HQ–OAR–2005–0155; FRL–8391–01– OAR] RIN 2060–AV44 National Emission Standards for Hazardous Air Pollutants: National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities Technology Review Environmental protection, Administrative practices and procedures, Air pollution control, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements. SUMMARY: VerDate Sep<11>2014 16:24 Jan 06, 2025 Jkt 265001 FOR FURTHER INFORMATION CONTACT: ENVIRONMENTAL PROTECTION AGENCY AGENCY: For the reasons set forth in the preamble, the Environmental Protection Agency is amending title 40, chapter I, part 63 of the Code of Federal Regulations as follows: has instituted a 10-year phaseout of the use of PCE for dry cleaning. DATES: This action is effective on January 7, 2024. ADDRESSES: The U.S. Environmental Protection Agency (EPA) has established a docket for this action under Docket ID No. EPA–HQ–OAR–2005–0155. All documents in the docket are listed on the https://www.regulations.gov/ website. Although listed, some information is not publicly available, e.g., Confidential Business Information 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 through https:// www.regulations.gov/, or in hard copy at the EPA Docket Center, WJC West Building, Room Number 3334, 1301 Constitution Ave. NW, Washington, DC. The Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m. Eastern Standard Time (EST), Monday through Friday. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the EPA Docket Center is (202) 566– 1742. For questions about this final action, contact U.S. EPA, Attn: Reginald Goodwin, Mail Drop: D243–04, 109 T.W. Alexander Drive, P.O. Box 12055, RTP, North Carolina 27711; telephone number: (919) 541–5313; and email address: goodwin.reginald@epa.gov. SUPPLEMENTARY INFORMATION: Preamble acronyms and abbreviations. Throughout this notice the use of ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is intended to refer to the EPA. We use multiple acronyms and terms in this preamble. While this list may not be exhaustive, to ease the reading of this preamble and for reference purposes, the EPA defines the following terms and acronyms here: List of Subjects in 40 CFR Part 63 Michael S. Regan, Administrator. 1041 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\07JAR1.SGM 07JAR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 90, Number 4 (Tuesday, January 7, 2025)]
[Rules and Regulations]
[Pages 1040-1041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31226]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2023-0330; FRL-4908.3-02-OAR]


Review of Final Rule Reclassification of Major Sources as Area 
Sources Under Section 112 of the Clean Air Act; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is making 
corrections to the Review of Final Rule Reclassification of Major 
Sources as Area Sources Under Section 112 of the Clean Air Act (CAA) 
final rule that appeared in the Federal Register on September 10, 2024. 
Following publication of this final rule, the EPA discovered an 
inadvertent typographical error in the regulatory text and is 
correcting the error in this action.

DATES: The final rule is effective on January 7, 2025.

ADDRESSES: The EPA has established a docket for this rulemaking under 
Docket ID No. EPA-HQ-OAR-2023-0330. All documents in the docket are 
listed on the https://www.regulations.gov/ website. Although listed, 
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 
electronically through https://www.regulations.gov/.

FOR FURTHER INFORMATION CONTACT: Mr. John Kennedy, Mail Drop: D243-02, 
109 T.W. Alexander Drive, P.O. Box 12055, RTP, North Carolina 27711; 
telephone number: (919) 541-1548; and email address: 
[email protected].

I. Summary of Final Action

    The EPA is making a correction to the Review of Final Rule 
Reclassification of Major Sources as Area Sources Under Section 112 of 
the Clean Air Act (CAA) final rule that appeared in the Federal 
Register on September 10, 2024 (89 FR 73293). In the September 10, 
2024, final rule, the EPA amended 40 CFR 63.1(c)(6) to include a 
requirement that sources subject to certain major source NESHAP used to 
meet the Agency's obligations under the CAA for seven specific 
persistent and bioaccumulative pollutants must remain subject to those 
NESHAP even if the sources reclassify to area source status.
    Following publication of this final rule, the EPA discovered an 
inadvertent typographical error in the regulatory text in 40 CFR 
63.1(c)(6) and is correcting the error in this action. Specifically, as 
finalized on September 10, 2024, the regulatory text in 40 CFR 
63.1(c)(6)(iii) included a reference to 40 CFR part 63 subpart HHH 
(National Emission Standards for Hazardous Air Pollutants from Natural 
Gas Transmission and Storage Facilities) instead of the correct 
reference, 40 CFR part 63 subpart MMM (National Emission Standards for 
Hazardous Air Pollutants for Pesticide Active Ingredient Production). 
This error was included in the table of CAA 112(c)(6) categories placed 
in the docket for the Review of Final Rule Reclassification of Major 
Sources as Area Sources Under Section 112 of the Clean Air Act (docket 
ID: EPA-HQ-OAR-2023-0330-0033). The table included the correct source 
category rule name, National Emission Standards for Hazardous Air 
Pollutants for Pesticide Active Ingredient Production, but instead of 
referencing the correct regulation reference to 40 CFR part 63 subpart 
MMM, it referenced 40 CFR part 63 subpart HHH. This error found in the 
table included in the docket was cross referenced in the regulatory 
text of the final rulemaking. This action corrects this inadvertent 
typographical error by removing the reference to 40 CFR part 63 subpart 
HHH from 40 CFR 63.1(c)(6)(iii) and adding the correct reference to 40 
CFR part 63 subpart MMM.

II. Rulemaking Procedures

    The EPA's authority for the rulemaking procedures followed in this 
action is provided by the Administrative Procedure Act (APA), 5 U.S.C. 
553. In general, an agency issuing a rule must provide prior notice and 
an opportunity for public comment, but APA section 553(b)(B) includes 
an exemption from notice-and-comment requirements ``when the agency for 
good cause finds (and incorporates the finding and a brief statement of 
reasons therefor in the rule issued) that notice and public procedure 
thereon are impracticable, unnecessary, or contrary to the public 
interest.'' This action is being issued without prior notice or 
opportunity for public comment because the EPA finds that the APA 
``good cause'' exemption from notice-and-comment requirements applies 
here.
    Following notice-and-comment procedures is unnecessary for this 
action. This action corrects a

[[Page 1041]]

typographical error to correct a reference in 40 CFR 63.1(c)(6)(iii) to 
40 CFR part 63 subpart MMM instead of 40 CFR part 63 subpart HHH. It is 
critical to timely correct the identified error to avoid confusion.
    This action is effective immediately upon publication. The APA 
typically requires publication of a final rule to precede its effective 
date by at least 30 days unless, as relevant here, the agency finds 
good cause to make the rule effective sooner. APA section 553(b)(B). 
Under APA section 553(d), these technical corrections are both 
necessary and beneficial to regulated entities in understanding and 
complying with the final rule's requirements. Further, because this 
rule does not impose any new regulatory requirements, the regulated 
community does not need time to prepare for it to come into effect. See 
Omnipoint Corp. v. Fed. Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 
1996) (in determining whether good cause exists to make a rule 
immediately effective, an agency should ``balance the necessity for 
immediate implementation against principles of fundamental fairness 
which require that all affected persons be afforded a reasonable amount 
of time to prepare for the effective date of its ruling'').
    Good cause exists for this rule to be made immediately effective. 
The EPA has balanced the necessity for immediate implementation against 
the benefits of delaying implementation. Because this rule makes a 
typographical correction to a rule that has already been promulgated, 
the public is aware of the content of the rule. Making the corrections 
effective immediately will make the regulatory text consistent with 
what the proposed rule and the preamble to the final rule have 
described.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practices and procedures, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

Michael S. Regan,
Administrator.

    For the reasons set forth in the preamble, the Environmental 
Protection Agency is amending title 40, chapter I, part 63 of the Code 
of Federal Regulations as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

0
1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart A--General Provisions

0
2. Amend Sec.  63.1 by revising paragraph (c)(6)(iii) as follows:


Sec.  63.1  Applicability.

* * * * *
    (c) * * *
    (6) * * *
    (iii) After September 10, 2024, affected sources subject to the 
following 40 CFR part 63 subparts on September 10, 2024, must remain 
subject to those subparts, and any modifications thereafter, even if 
the source becomes an area source by reducing both its actual emissions 
and potential to emit hazardous air pollutants to below major source 
thresholds: F, G, H, I, L, R, X, CC, GG, II, JJ, KK, LL, MM, EEE, JJJ, 
LLL, MMM, RRR, UUU, FFFF, JJJJ, MMMM, PPPP, ZZZZ, CCCCC, DDDDD, FFFFF, 
IIIII, LLLLL, YYYYY, JJJJJJ, EEEEEEE.
* * * * *
[FR Doc. 2024-31226 Filed 1-6-25; 8:45 am]
BILLING CODE P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.