[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