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[Federal Register: June 30, 2010 (Volume 75, Number 125)]
[Rules and Regulations]               
[Page 37732-37733]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn10-11]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2008-0708, FRL-9169-6]
RIN 2060-AP36

 
National Emission Standards for Hazardous Air Pollutants for 
Reciprocating Internal Combustion Engines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: EPA published in the Federal Register on March 3, 2010, a 
document amending the national emission standards for hazardous air 
pollutants for existing stationary compression ignition reciprocating 
internal combustion engines. The amendments inadvertently removed 
paragraphs from the regulation. EPA is correcting this error.

DATES: Effective on June 30, 2010.

FOR FURTHER INFORMATION CONTACT: Ms. Melanie King, Energy Strategies 
Group, Sector Policies and Programs Division (D243-01), Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number (919) 541-2469; facsimile number (919) 541-5450; e-
mail address king.melanie@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Summary of Amendments

    EPA published in the Federal Register on March 3, 2010 (75 FR 9674) 
a document amending the national emission standards for hazardous air 
pollutants for existing stationary compression ignition reciprocating 
internal combustion engines. 40 CFR 63.6590 was amended by revising 
paragraphs (b)(1) and (3). Inadvertently, paragraphs (b)(1)(i) and (ii) 
of section 63.6590(b)(1) were removed. This correction amends section 
63.6590 by reinstating paragraphs 63.6590(b)(1)(i) and (ii).
    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 this action only 
corrects a simple and obvious instructional error that would cause a 
change that was clearly not intended by the Agency in the final rule, 
as indicated by the preamble to the final rule. Thus, notice and public 
procedure is 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 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. This action is not a ``major rule'' as defined 
by 5 U.S.C. 804(2). The 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 (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 action 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 action 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.
    This action 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 action 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 action 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 correction final without prior proposal and opportunity for 
comment because this action only corrects a simple and obvious 
instructional error that would cause a change that was clearly not 
intended by the Agency in the final rule, as indicated by the preamble 
to the final rule. Thus, notice and public procedure is unnecessary. 
EPA has therefore established an effective date of June 30, 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 is 
effective June 30, 2010.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure,

[[Page 37733]]

Air pollution control, Hazardous substances, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Dated: June 24, 2010.
Lisa P. Jackson,
Administrator.

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 A--[Amended]

0
2. Section 63.6590 is amended by revising paragraph (b)(1) to read as 
follows:

Sec.  63.6590  What parts of my plant does this subpart cover?

* * * * *
    (b) * * *
    (1) An affected source which meets either of the criteria in 
paragraphs (b)(1)(i) through (ii) of this section does not have to meet 
the requirements of this subpart and of subpart A of this part except 
for the initial notification requirements of Sec.  63.6645(f).
    (i) The stationary RICE is a new or reconstructed emergency 
stationary RICE with a site rating of more than 500 brake HP located at 
a major source of HAP emissions.
    (ii) The stationary RICE is a new or reconstructed limited use 
stationary RICE with a site rating of more than 500 brake HP located at 
a major source of HAP emissions.
* * * * *
[FR Doc. 2010-15886 Filed 6-29-10; 8:45 am]
BILLING CODE 6560-50-P
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