

[Federal Register: April 13, 2006 (Volume 71, Number 71)]
[Rules and Regulations]               
[Page 19126-19127]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ap06-14]                         

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-R01-OAR-2006-0277; FRL-8157-9]

 
Approval of the Clean Air Act, Section 112(l), Authority for 
Hazardous Air Pollutants: Perchloroethylene Air Emission Standards for 
Dry Cleaning Facilities: Commonwealth of Massachusetts Department of 
Environmental Protection

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; correcting amendment.

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

SUMMARY: This document corrects an error in the language of a final 
rule pertaining to EPA's approval granting the Commonwealth of 
Massachusetts the authority to implement and enforce its 
perchloroethylene air emissions regulations in place of the Federal dry 
cleaning NESHAP for area sources.

DATES: Effective April 13, 2006.

FOR FURTHER INFORMATION CONTACT: John Courcier, at (617) 918-1659 or by 
e-mail at courcier.john@epa.gov.

SUPPLEMENTARY INFORMATION: On September 16, 2002 (67 FR 58339), EPA 
published a final rulemaking action granting the Commonwealth of 
Massachusetts the authority to implement and enforce its 
perchloroethylene air emissions regulations. In that document, EPA 
incorrectly cited the wrong Massachusetts Department of Environmental 
Protection rule. This action corrects the typographical error.
    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. We have determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment because we are merely correcting 
an incorrect citation in a previous action. Thus, notice and public 
procedure are unnecessary. We find that this constitutes good cause 
under 5 U.S.C. 553(b)(B).

Statutory and Executive Order Reviews

    Under Executive Order 12866 (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. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). Because 
the agency has made a ``good cause'' finding that this action is not 
subject to notice-and-comment requirements under the Administrative 
Procedures Act or any other statute as indicated in the SUPPLEMENTARY 
INFORMATION section above, 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 UMRA. This rule also does not have a substantial direct effect 
on one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the

[[Page 19127]]

Federal Government and Indian tribes, as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000), nor will it 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 governments, as specified 
by Executive Order 13132 (64 FR 43255, August 10, 1999). This rule also 
is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    This technical correction action does not involve technical 
standards; thus the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do 
not apply. The rule also does not involve special consideration of 
environmental justice related issues as required by Executive Order 
12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has 
taken the necessary steps to eliminate drafting errors and ambiguity, 
minimize potential litigation, and provide a clear legal standard for 
affected conduct, as required by section 3 of Executive Order 12988 (61 
FR 4729, February 7, 1996). EPA has complied with Executive Order 12630 
(53 FR 8859, March 15, 1998) by examining the takings implications of 
the rule in accordance with the ``Attorney General's Supplemental 
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated 
Takings'' issued under the executive order. This rule does not impose 
an information collection burden under the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.).
    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. 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, EPA had made such a good cause finding, including 
the reasons therefore, and established an effective date of April 13, 
2006. EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. This correction to the rule (310 CMR 
7.26) for Massachusetts is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Hazardous 
substances, Incorporation by reference, Reporting and recordkeeping 
requirements.

    Dated: April 3, 2006.
Robert W. Varney,
Regional Administrator, EPA New England.

0
40 CFR part 63 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 E--[Amended]

0
2. Section 63.99 is amended to correct paragraph (a)(21)(ii)(A) to read 
as follows:


Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (21) * * *
    (ii) * * *
    (A) The material incorporated in the Massachusetts Department of 
Environmental Protection 310 CMR 7.26 and 310 CMR 70.01 pertaining to 
dry cleaning facilities in the Commonwealth of Massachusetts 
jurisdiction, and has been approved under the procedures in Sec.  63.93 
to be implemented and enforced in place of the Federal NESHAPs for 
Perchloroethylene Dry Cleaning Facilities (subpart M of this part) for 
area sources only, as defined in Sec.  63.320(h).
* * * * *
[FR Doc. 06-3488 Filed 4-12-06; 8:45 am]

BILLING CODE 6560-50-P
