[Federal Register Volume 85, Number 248 (Monday, December 28, 2020)]
[Rules and Regulations]
[Pages 84261-84262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28384]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2019-0282; FRL-10014-50-OAR and FRL-10019-02-OAR]
RIN 2060-AM75


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.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is correcting a 
final rule that appeared in the Federal Register on November 19, 2020, 
and will become effective on January 19, 2021. The EPA finalized the 
amendments to the General Provisions that apply to National Emission 
Standards for Hazardous Air Pollutants (NESHAP). This action corrects 
inadvertent typographical errors and redundant text in the Federal 
Register. The corrections described in this action do not affect the 
substantive requirements of the final rule implementing the plain 
language reading of the ``major source'' and ``area source'' 
definitions of section 112 of the Clean Air Act.

DATES: This final rule is effective on January 19, 2021.

FOR FURTHER INFORMATION CONTACT: For questions about this final action, 
contact Elineth Torres, Sector Policies and Programs Division (D205-
02), Office of Air Quality Planning and Standards, U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number: (919) 541-4347; fax number: (919) 541-4991; and email 
address: torres.elineth@epa.gov.

SUPPLEMENTARY INFORMATION: The EPA is making the following corrections 
to the final rule, Reclassification of Major Sources as Area Sources 
Under Section 112 of the Clean Air Act (also refered as final Major 
MACT to Area or MM2A rule) as published in the Federal Register on 
November 19, 2020 (85 FR 73854).
    The EPA is correcting inadvertent typographical errors and 
redundant text included in the regulatory text of six NESHAP subparts 
amended by the final MM2A rule. As described in the preamble to the 
final MM2A rule, the EPA finalized amendments to the NESHAP General 
Provision applicability tables for most of the NESHAP subparts to 
account for the final amendments to the General Provisions included in 
the final MM2A rule.
    With this action, the EPA is correcting the following errors in FR 
Document Number (FR Doc) 2020-22044 in the issue of November 19, 2020. 
These corrections do not change the requirements finalized in the MM2A 
rule.
     At 85 FR 73894, second column, 40 CFR part 63, subpart EE. 
The final MM2A rule instruction 37 amended Table 1 to subpart EE by 
revising the entry for 40 CFR 63.9(b)(2), however, there is no such 
entry on Table 1 to subpart EE. In this action, instruction 37 is 
corrected to read ``adding in numerical order entries for Sec. Sec.  
63.1(c)(6) and 63.9(k) . . .'' and amendatory text is corrected by 
removing the entry for 40 CFR 63.9(b)(2) from Table 1 to Subpart EE of 
Part 63--Applicability of General Provisions to Subpart EE.
     At 85 FR 73897, third column, 40 CFR part 63, subpart DDD. 
The final MM2A rule instruction 51 amended Table 1 to subpart DDD to 
add an entry for 40 CFR 63.1(c)(6), however this addition is 
unnecessary as Table 1 to subpart DDD has another entry including that 
provision. In this action, instruction 51 is corrected to read ``. . . 
by adding in numerical order an entry for Sec.  63.9(k) . . .'' and the 
amendatory text is corrected by removing the entry for 40 CFR 
63.1(c)(6) from Table 1 to Subpart DDD of Part 63--Applicability of 
General Provisions (40 CFR part 63, subpart A) to Subpart DDD of Part 
63.
     At 85 FR 73899, first column, 40 CFR part 63, subpart NNN. 
The final

[[Page 84262]]

MM2A rule instruction 60 amended Table 1 to subpart NNN to add an entry 
for 40 CFR 63.1(c)(6), however this addition is unnecessary as Table 1 
to subpart NNN has another entry including that provision. In this 
action, instruction 60 is corrected to read ``. . . by adding in 
numerical order an entry for Sec.  63.9(k) . . .'' and the amendatory 
text is corrected by removing the entry for 40 CFR 63.1(c)(6) from 
Table 1 to Subpart NNN of Part 63--Applicability of General Provisions 
(40 CFR part 63, subpart A) to Subpart NNN.
     At 85 FR 73912, third column, 40 CFR part 63, subpart 
AAAAA. The final MM2A rule instruction 118 reads as if amendments were 
for Table 8 to subpart AAAAA when they were for Table 9 to subpart 
AAAAA. In this action, instruction 118 is corrected to read ``Amend 
table 9 to subpart AAAAA of part 63 . . .''. The table header in the 
amendatory text is also corrected to read ``Table 9 to Subpart AAAAA of 
Part 63--Applicability of General Provisions to Subpart AAAAA.''
     At 85 FR 73913, first column, 40 CFR part 63, subpart 
DDDDD. The final MM2A rule instruction 121 correctly referenced the 
amendments to 40 CFR 63.7545, however, the corresponding section header 
in the amendatory text read ``Sec.  63.7189 What notifications must I 
submit and when?'' instead. In this action, the section header in the 
amendatory text is corrected to read ``Sec.  63.7545 What notifications 
must I submit and when?''
     At 85 FR 73914, first column, 40 CFR part 63, subpart 
IIIII. The final MM2A rule instruction 128 correctly referenced the 
amendments to 40 CFR 63.8252, however, the corresponding regulatory 
text section header read ``Sec.  63.825 What notifications must I 
submit and when?'' instead. Additionally, the amendatory text at 85 FR 
73914, second column for 40 CFR 63.8252(b) incorrectly referenced ``120 
calendar days after December 19, 2003'' which should have remained 
April 19, 2004, as in the original regulatory text. In this action, the 
regulatory text section header is corrected to read ``Sec.  63.8252 
What notifications must I submit and when?''; and the amendatory text 
to paragraph (b) is corrected to read ``(b) As specified in Sec.  
63.9(b)(2), if you start up your affected source before December 19, 
2003, you must submit an Initial Notification no later than April 19, 
2004, or no later than 120 days after the source becomes subject to 
this subpart, whichever is later.''
    Section 553 of the Administrative Procedure Act, 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. The EPA has determined 
that there is good cause for making this rule final without prior 
proposal and opportunity for comment because, as explained here and in 
each bullet above, the changes to the rule are minor technical 
corrections, are noncontroversial in nature, and do not substantively 
change the requirements of the MM2A final rule. Rather, the changes 
correct inadvertent typographical errors and redundant text. 
Additionally, the corrections to the regulatory text match the 
revisions described in the preamble to the final MM2A rule. Thus, 
notice and opportunity for public comment are unnecessary. The EPA 
finds that this constitutes good cause under 5 U.S.C. 553(b)(B).

Federal Register Correction

    In FR doc 2020-22044 at 85 FR 73854 in the issue of November 19, 
2020, the following corrections are made:

0
1. On page 73894, in the second column, amendatory instruction 37 is 
corrected to read: ``37. Amend table 1 to subpart EE of part 63 by 
adding in numerical order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) 
to read as follows:''.

0
2. On page 73897, in the third column, amendatory instruction 51 is 
corrected to read: ``51. Amend table 1 to subpart DDD of part 63 by 
adding in numerical order an entry for Sec.  63.9(k) to read as 
follows:''.

0
3. On page 73899, first column, amendatory instruction 60 is corrected 
to read: ``60. Amend table 1 to subpart NNN of part 63 by adding in 
numerical order an entry for Sec.  63.9(k) to read as follows:''.

0
4. On page 73912, third column, amendatory instruction 118 and the 
table heading are corrected to read: ``118. Amend table 9 to subpart 
AAAAA of part 63 by adding in numerical order entries for Sec. Sec.  
63.1(c)(6) and 63.9(k) to read as follows:''

Table 9 to Subpart AAAAA of Part 63-Applicability of General Provisions 
to Subpart AAAAA

* * * * *


Sec.  63.7545  What notifications must I submit and when?

0
5. On page 73913, second column, the section heading for Sec.  63.7545 
is corrected to read as set forth above.

0
6. On page 73914, second column, in section Sec.  63.8252 the section 
heading and paragraph (b) are corrected to read as follows:


Sec.  63.8252  What notifications must I submit and when?

* * * * *
    (b) As specified in Sec.  63.9(b)(2), if you start up your affected 
source before December 19, 2003, you must submit an Initial 
Notification no later than April 19, 2004, or no later than 120 days 
after the source becomes subject to this subpart, whichever is later.
* * * * *

    Dated: December 17, 2020.
Anne Austin,
Principal Deputy Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2020-28384 Filed 12-23-20; 8:45 am]
BILLING CODE 6560-50-P


