
[Federal Register: March 7, 2008 (Volume 73, Number 46)]
[Rules and Regulations]               
[Page 12275-12276]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07mr08-10]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2006-0406, FRL-8540-2]
RIN 2060-AM74

 
National Emission Standards for Hazardous Air Pollutants for 
Source Categories: Gasoline Distribution Bulk Terminals, Bulk Plants, 
and Pipeline Facilities; and Gasoline Dispensing Facilities; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: This action corrects certain text of the final rules entitled 
``National Emission Standards for Hazardous Air Pollutants for Source 
Categories: Gasoline Distribution Bulk Terminals, Bulk Plants, and 
Pipeline Facilities; and Gasoline Dispensing Facilities.'' The final 
rules were published in the Federal Register on January 10, 2008.

DATES: Effective Date: March 7, 2008.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen Shedd, Office of Air 
Quality Planning and Standards, Sector Policies and Programs Division, 
Coatings and Chemicals Group (E143-01), EPA, Research Triangle Park, NC 
27711, telephone: (919) 541-5397, facsimile number: (919) 685-3195, e-
mail address: shedd.steve@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. What Is the Background for the Corrections?

    On January 10, 2008 (73 FR 1916), EPA issued final rules in which 
EPA promulgated national emission standards for hazardous air 
pollutants for gasoline distribution bulk terminals, bulk plants, and 
pipeline facilities and for gasoline dispensing facilities. EPA 
subsequently determined that certain sections of the final rules 
contained incorrect references to paragraphs within those and other 
sections. This action corrects those technical errors.
    These corrections do not affect the substance of the final rules, 
nor do they change the rights or obligations of any party. Rather, this 
action merely corrects certain technical errors in the references in 
the final rules. Thus, it is proper to issue these corrections to the 
final rules 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 final rules are minor technical corrections, 
are noncontroversial, and do not substantively change the agency 
actions taken in the final rules. Thus, notice and public procedure are 
unnecessary. We find that this constitutes good cause under 5 U.S.C. 
553(b)(B).

II. What Are the Corrections to the Final Rules (73 FR 1916)?

    This notice corrects the following errors. In adding four test 
methods to 40 CFR 63.14 through Incorporation by Reference, we 
incorrectly assigned new paragraph numbers to be added to 40 CFR 63.14 
that were already in use. To correct this error, it is necessary to 
change the paragraph numbers that we are assigning to the four test 
methods being incorporated by reference. The test method added as Sec.  
63.14(b)(63) should have been added as Sec.  63.14(b)(65) and the three 
test methods added as Sec.  63.14(l)(1), (2), and (3) should have been 
added as Sec.  63.14(m)(1), (2), and (3).
    EPA has also determined that the text of 40 CFR 63.11092 and 40 CFR 
63.11095 of subpart BBBBBB and 40 CFR 63.11117 of subpart CCCCCC 
contains incorrect references. In 40 CFR 63.11092 of subpart BBBBBB, 
paragraph (a)(3) included a reference to conduct an initial performance 
test within 180 days of the ``rule promulgation'' date. The rule 
mistakenly referred to the ``promulgation'' date instead of the 
``compliance'' date. Thus, the text ``rule promulgation'' will be 
replaced with the text ``compliance date specified in Sec.  63.11083''. 
Also, in 40 CFR 63.11092 of subpart BBBBBB, paragraph (b)(1)(i)(B)(1) 
included a reference to ``(b)(1)(i)(B)(1)(i), (ii), and (iii) of this 
section'' when the reference should be to ``(b)(1)(i)(B)(1)(i), (ii), 
and (iii) of this section''. In 40 CFR 63.11095 of subpart BBBBBB, 
paragraph (c) included a reference to ``(a)(3) and (b)(4) of this 
section'' when the reference should be to ``(a)(3) and (b)(5) of this 
section''. In subpart CCCCCC, 40 CFR 63.11117, paragraph (e) included a 
reference to ``Sec.  63.11124(b)'' when the reference should be to 
``Sec.  63.11124(a)''. In 40 CFR 63.11118, paragraph (c) included two 
improper references to ``paragraphs (a) and (b)'' and ``Sec.  
63.11116'' when the references should be to ``paragraph (b)'' and 
``Sec.  63.11117'', respectively. Also, in 40 CFR 63.11124, paragraph 
(a) refers to ``(a)(1) through (4) of this section'' but section (a)(4) 
does not exist, so the text will be corrected to refer to ``(a)(1) 
through (3) of this section''. Additionally, in 40 CFR 63.11124, 
paragraph (a)(1)(iii) refers to ``(a), (b) and (c)(1) or paragraph 
(c)(2) of Sec.  63.11117'' but, while paragraph (c) exists, paragraphs 
(c)(1) and (c)(2) do not exist, so the text will be corrected to refer 
to ``(a) through (c) of Sec.  63.11117''. In 40 CFR 63.11124, paragraph 
(b)(1)(iii) refers to ``(a)

[[Page 12276]]

through (d) of Sec.  63.11118'' but paragraph (d) does not have options 
for the owner or operator to choose from and therefore notification 
information is not needed, so the text will be corrected to refer to 
``(a) through (c) of Sec.  63.11118''.

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 a correction to certain 
text in the final rules and is not a ``major rule'' as defined by 5 
U.S.C. 804(2). The final rules themselves, however, were reviewed by 
OMB. The 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) (Public Law 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 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 
corrections do 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, Federalism (64 FR 
43255, August 10, 1999). The corrections also are not subject to 
Executive Order 13045, Protection of Children from Environmental Health 
Risks and Safety Risks (62 FR 19885, April 23, 1997) because the final 
rules were determined not to be subject to this order and this action 
does not significantly change the final rules.
    This technical correction action does 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 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 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 
final action and other required information to the United States 
Senate, the United States House of Representatives, and the Comptroller 
General of the United States 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). This correction is effective March 7, 2008.
    EPA's compliance with the above statutes and Executive Orders for 
the underlying rule is discussed in the January 10, 2008 Federal 
Register notice containing ``National Emission Standards for Hazardous 
Air Pollutants for Source Categories: Gasoline Distribution Bulk 
Terminals, Bulk Plants, and Pipeline Facilities; and Gasoline 
Dispensing Facilities'' (73 FR 1916).

List of Subjects for 40 CFR Part 63

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Incorporations by reference, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: February 29, 2008.
Robert J. Meyers,
Principal Deputy Assistant Administrator.

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For the reasons set out in the preamble, title 40, chapter I, part 63 
of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

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

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

Subpart A--[Amended]


Sec.  63.14  [Amended]

0
2. Section 63.14 is amended as follows:
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a. By redesignating paragraph (b)(63) as paragraph (b)(65).
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b. By redesignating paragraph (l) as paragraph (m).

Subpart BBBBBB--[Amended]


Sec.  63.11092  [Amended]

0
3. Section 63.11092 is amended as follows:
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a. In paragraph (a)(3) by removing the words ``rule promulgation'' and 
adding in their place the words ``compliance date specified in Sec.  
63.11083''.
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b. In paragraph (b)(1)(i)(B)(1) by removing the words 
``(b)(1)(i)(B)(1)(i), (ii), and (iii) of this section.'' and adding in 
their place the words ``(b)(1)(i)(B)(1)(i), (ii), and (iii) of this 
section.''


Sec.  63.11095  [Amended]

0
4. Section 63.11095 is amended in paragraph (c) by removing the 
citation ``(b)(4)'' and adding in its place ``(b)(5)''.

Subpart CCCCCC--[Amended]


Sec.  63.11117  [Amended]

0
5. In Sec.  63.11117, paragraph (e) is amended by removing the citation 
``Sec.  63.11124(b)'' and adding in its place the citation ``Sec.  
63.11124(a)''.


Sec.  63.11118  [Amended]

0
6. In Sec.  63.11118, paragraph (c) introductory text is amended by 
removing the words ``paragraphs (a) and (b) of this section, but must 
comply with the requirements in Sec.  63.11116.'' and adding in their 
place the words ``paragraph (b) of this section, but must comply with 
the requirements in Sec.  63.11117.''


Sec.  63.11124  [Amended]

0
7. Section 63.11124 is amended as follows:
0
a. In paragraph (a) introductory text is amended by removing the 
citation ``(4)'' and adding in its place the citation ``(3)''.
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b. In paragraph (a)(1)(iii) introductory text is amended by removing 
the citation ``(a), (b) and (c)(1) or paragraph (c)(2)'' and adding in 
its place the citation ``(a) through (c)''.
0
c. In paragraph (b)(1)(iii) introductory text is amended by removing 
the citation ``(a) through (d)'' and adding in its place the citation 
``(a) through (c)''.

[FR Doc. E8-4554 Filed 3-6-08; 8:45 am]

BILLING CODE 6560-50-P
