

[Federal Register: December 28, 2007 (Volume 72, Number 248)]
[Rules and Regulations]               
[Page 73625-73626]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28de07-12]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 65

[EPA-HQ-OAR-2007-0429; FRL-8511-7]
RIN 2060-A045

 
Revisions to Consolidated Federal Air Rule; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting amendments.

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SUMMARY: The EPA issued a final rule on August 27, 2007 (effective date 
November 26, 2007) that revised the General Provisions for Consolidated 
Federal Air Rule to allow extensions to the deadline imposed for source 
owners and operators to conduct required performance tests in specified 
force majeure circumstances. The final rule inadvertently stated that 
we were revising paragraph (c) introductory text when we actually added 
introductory text to paragraph (c). The purpose of this action is to 
correct this error.
    This action merely addresses a formatting issue. Thus, it is proper 
to issue this notice 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 change to the rule is a minor technical correction, is 
noncontroversial, and does not substantively 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)(B).

[[Page 73626]]


DATES: This correction is effective December 28, 2007.

FOR FURTHER INFORMATION CONTACT: Ms. Lula Melton, Air Quality 
Assessment Division (C304-02), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711; telephone number: (919) 541-2910; fax 
number: (919) 541-4511; e-mail address melton.lula@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The EPA issued a final rule on August 27, 2007 (72 FR 48938) that 
allows source owners or operators, in the event of a force majeure, to 
petition the Administrator for an extension of the deadline(s) by which 
they are required to conduct a performance test required by the 
Consolidated Federal Air Rule. A ``force majeure'' is defined as an 
event that will be or has been caused by circumstances beyond the 
control of the affected facility, its contractors, or any entity 
controlled by the affected facility that prevents the owner or operator 
from complying with the regulatory requirement to conduct performance 
tests within the specified timeframe, despite the affected facility's 
best efforts to fulfill the obligation. Examples of such events are 
acts of nature, acts of war or terrorism, or equipment failure or 
safety hazard beyond the control of the affected facility.

II. Summary of Amendment

    The EPA promulgated revisions to the General Provisions for 
Consolidated Federal Air Rule on August 27, 2007. Afterwards, we 
realized that we inadvertently stated that we were revising paragraph 
(c) introductory text when we actually added introductory text to 
paragraph (c). The purpose of this action is to correct this error.

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 not a ``major rule'' as 
defined by 5 U.S.C. 804(2). The technical correction does 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)(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.
    The correction does not have a substantial direct effect 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).
    Today's action also 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). The technical 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 this action is not economically significant.
    The 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.
    The 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.
    The 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, 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. 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 today's action in the Federal Register. Today's 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). The final 
rule will be effective December 28, 2007.

List of Subjects in 40 CFR Part 65

    Air pollution control, Environmental protection, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: December 20, 2007.
Robert J. Meyers,
Principal Deputy Assistant Administrator, Office of Air and Radiation.

0
For the reasons stated in the preamble, title 40, chapter I, part 65 of 
the Code of Federal Regulations is amended as follows:

PART 65--[AMENDED]

0
1. The authority citation for part 65 continues to read as follows:

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

Subpart A--[Amended]

0
2. In Sec.  65.157, introductory text for paragraph (c) is added 
following the paragraph (c) heading to read as follows:


Sec.  65.157  Performance test and flare compliance determination 
requirements.

* * * * *
    (c) * * * Except as specified in paragraphs (c)(1)(viii), 
(c)(1)(ix), (c)(1)(x), and (c)(1)(xi) of this section, unless a waiver 
of performance testing or flare compliance determination is obtained 
under this section or the conditions of another subpart of this part, 
the owner or operator shall perform such tests specified in the 
following:
* * * * *

 [FR Doc. E7-25293 Filed 12-27-07; 8:45 am]

BILLING CODE 6560-50-P
