
[Federal Register: March 18, 2010 (Volume 75, Number 52)]
[Rules and Regulations]               
[Page 12988-12989]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr10-15]                         

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2009-0027; FRL-9128-1]
RIN 2060-AO94

 
National Emission Standards for Hazardous Air Pollutants for Area 
Sources: Asphalt Processing and Asphalt Roofing Manufacturing; 
Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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

SUMMARY: On December 2, 2009, EPA promulgated national emissions 
standards for the control of emissions of Hazardous Air Pollutants 
(HAP) from the asphalt processing and asphalt roofing manufacturing 
area source category (74 FR 63236). Following signature of this final 
rule, EPA discovered three inadvertent typographical errors in the 
numbering of paragraphs and is correcting those errors in this action.

DATES: This correction is effective on April 19, 2010.

FOR FURTHER INFORMATION CONTACT: Warren Johnson at (919) 541-5124.

SUPPLEMENTARY INFORMATION:

I. Summary of Amendments

    We promulgated national emissions standards for the control of 
emissions of HAP from the asphalt processing and asphalt roofing 
manufacturing area source category on December 2, 2009 (40 CFR part 63, 
subpart AAAAAAA). Following signature of the final asphalt processing 
and asphalt roofing manufacturing area source standards in subpart 
AAAAAAA, we discovered three inadvertent typographical errors in the 
lettering of paragraphs in section 63.11563, entitled, ``What are my 
Monitoring Requirements?'' We are correcting those errors in this 
action. Also, in section 63.11564, entitled, ``What are my 
Notification, Recordkeeping, and Reporting Requirements?'' we are 
amending cross references to the paragraphs we are correcting in 
section 63.11563 to satisfy these cross references. A red line version 
of the corrected rule language is available in docket EPA-HQ-OAR-2009-
0027. Table 1 of this preamble describes the five technical corrections 
to 40 CFR part 63, subpart AAAAAAA.

   Table 1--Technical Corrections to 40 CFR Part 63, Subpart AAAAAAA,
                     Sections 63.11563 and 63.11564
------------------------------------------------------------------------
          Technical correction                        Reason
------------------------------------------------------------------------
In section 63.11563, replace paragraph   To have this paragraph follow
 letter ``(l)'' with paragraph letter     paragraph 63.11563(f) in
 ``(g)''.                                 proper sequence, and to
                                          satisfy the cross reference in
                                          section 63.11563(c)(2)(iii).
In section 63.11563, replace paragraph   To have this paragraph follow
 letter ``(m)'' with paragraph letter     corrected paragraph (g) in
 ``(h)''.                                 proper sequence.
In section 63.11563, replace paragraph   To have this paragraph follow
 letter ``(n)'' with paragraph letter     corrected paragraph (h) in
 ``(i)''.                                 proper sequence.
In section 63.11564(c)(8), replace       To satisfy the cross reference
 cross reference to section               in section 63.11564(c)(8).
 ``63.11563(b) or (l)'' with
 ``63.11563(b) or (g)''.
In section 63.11564(c)(9), replace       To satisfy the cross reference
 cross reference to section               in section 63.11564(c)(9).
 ``63.11563(m)'' with ``63.11563(h)''.
------------------------------------------------------------------------

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(3)(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 technical correction final without 
prior proposal and opportunity for comment because only simple 
typographical errors are being corrected that do not substantially 
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)(3)(B). (See also the final sentence of 
section 307(d)(1) of the Clean Air Act (CAA), 42 U.S.C. 307(d)(1), 
indicating that the good cause provisions in subsection 553(b) of the 
APA continue to apply to this type of rulemaking under section 307(d) 
of the CAA.)

II. Statutory and Executive Order Reviews

    Under Executive Order 12866, Regulatory Planning and Review (58 
F.R. 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. This action is not a ``major rule'' as 
defined by 5 U.S.C. 804(2). The technical 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 (see Section I of this preamble), 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.
    This technical correction does not have substantial direct effects 
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).
    This action 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). This 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 it is not 
economically significant.

[[Page 12989]]

    This technical 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.
    This technical 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.
    This technical 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 (CRA), 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. Section 808 allows the issuing Agency 
to make a rule effective sooner than otherwise provided by the CRA if 
the Agency makes a good cause finding that notice and public procedure 
is impracticable, unnecessary, or contrary to the public interest. This 
determination must be supported by a brief statement. 5 U.S.C. 808(2). 
As stated previously, we have determined that there is good cause for 
making this technical correction final without prior proposal and 
opportunity for comment because only simple typographical errors are 
being corrected that do not substantially change the Agency actions 
taken in the final rule. Thus, notice and public procedure are 
unnecessary. EPA has therefore established an effective date of April 
19, 2010. 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 this action in the Federal Register. This action is not 
a ``major rule'' as defined by 5 U.S.C. 804(2). The final rule will be 
effective April 19, 2010.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Incorporation by reference, Reporting and recordkeeping 
requirements.

    Dated: March 11, 2010.
Gina McCarthy,
Assistant Administrator, Office of Air and Radiation.

0
For the reasons stated in the preamble, title 40, chapter I, part 63 of 
the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

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

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

Subpart AAAAAAA---[Amended]


Sec.  63.11563  [Amended]

0
2. Section 63.11563 is amended by redesignating paragraphs (l), (m) and 
(n) to become paragraphs (g), (h), and (i), respectively.

0
3. Section 63.11564 is amended by revising paragraphs (c)(8) and (c)(9) 
to read as follows:


Sec.  63.11564  What are my notification, recordkeeping, and reporting 
requirements?

* * * * *
    (c) * * *
    (8) A copy of the site-specific monitoring plan required under 
Sec.  63.11563(b) or (g).
    (9) A copy of the approved alternative monitoring plan required 
under Sec.  63.11563(h), if applicable.
* * * * *
[FR Doc. 2010-5964 Filed 3-17-10; 8:45 am]
BILLING CODE 6560-50-P

