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[Federal Register: June 30, 2010 (Volume 75, Number 125)]
[Rules and Regulations]               
[Page 37730-37732]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn10-10]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2003-0146; FRL-9169-7]
RIN 2060-AO55

 
National Emission Standards for Hazardous Air Pollutants From 
Petroleum Refineries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: On October 28, 2009, we promulgated general control 
requirements to control emissions of hazardous air pollutants from heat 
exchange systems at petroleum refineries. These requirements were 
published as amendments to the national emission standards for 
petroleum refineries. In this notice, we are correcting typographical 
errors and inadvertent errors in section references.

DATES: This correction is effective on July 30, 2010.

SUPPLEMENTARY INFORMATION:

I. Summary of Amendments

    On October 28, 2009, we promulgated general control requirements to 
control emissions of hazardous air pollutants from heat exchange 
systems at petroleum refineries. 74 FR 55670 (40 CFR part 63, subpart 
CC). In this action, we are correcting technical errors in the 
promulgated rule.
    Table 1 below describes the miscellaneous technical corrections we 
are making to 40 CFR part 63, subpart CC.

      Table 1--Technical Corrections to 40 CFR Part 63, Subpart CC
------------------------------------------------------------------------
           Section                  Technical correction and reason
------------------------------------------------------------------------
63.646(j)....................  Replace ``Sec.   63.654(f)'' with ``Sec.
                                 63.655(f)'' to correct a section
                                reference.
63.646(k)....................  Replace ``Sec.   63.654(g)'' with ``Sec.
                                 63.655(g)'' to correct a section
                                reference.
63.654(f)....................  Replace ``paragraphs (f)(1) through (3)
                                of this section'' with ``paragraphs
                                (f)(1) and (2) of this section'' to
                                remove the reference to a nonexistent
                                paragraph.
63.655(i)(1)(ii).............  Replace ``Sec.   63.654(e)'' with ``Sec.
                                 63.655(e)'' to correct a section
                                reference.
Table 4, first column heading  Replace ``subpart Y'' with ``subpart R''
                                to correct a section reference.
Table 6, entry for 63.8(c)(4)  Replace ``is ``once every hour rather''
                                than'' with ``is ``once every hour''
                                rather than'' to correct a typographical
                                error.
Table 6, entry for             Replace ``Sec.   63.644(d)'' with ``Sec.
 63.10(b)(1).                    63.655(i)'' to correct a section
                                reference.
------------------------------------------------------------------------

    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 technical correction final without 
prior proposal and opportunity for comment because only simple 
typographical errors are being corrected and these corrections do not 
substantially change the Agency actions taken in the final rule. Thus, 
notice and public procedure are unnecessary and we find that this 
constitutes good cause under 5 U.S.C. 553(b)(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 where the good cause exception is invoked 
pursuant to section 553(b)(B) of the APA, the procedures in section 
307(d) in subsection 553(b) of the APA, the procedures in section 
307(d) of the CAA do not apply.)

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 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 
Risks and Safety Risks (62 FR 19885, April 23, 1997) because it is not 
economically significant.

[[Page 37731]]

    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, 
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. The CRA does, however, exclude any rule 
that does not substantially affect the rights and obligations of 
outside parties. Therefore, the scope of the CRA does not include 
technical corrections. This action is not a ``major rule'' as defined 
by 5 U.S.C. 804(2). The final rule will be effective July 30, 2010.

List of Subjects in 40 CFR Part 63

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

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

0
For the reasons set out 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 CC--[Amended]

0
2. Section 63.646 is amended by:
0
a. Revising paragraph (j) and
0
b. Revising paragraph (k) to read as follows:

Sec.  63.646  Storage vessel provisions.

* * * * *
    (j) References to the Notification of Compliance Status report in 
Sec.  63.152(b) mean the Notification of Compliance Status required by 
Sec.  63.655(f).
    (k) References to the Periodic Reports in Sec.  63.152(c) mean the 
Periodic Report required by Sec.  63.655(g).
* * * * *

0
3. Section 63.654 is amended by revising the first sentence of 
paragraph (f) introductory text to read as follows:

Sec.  63.654  Heat exchange systems.

* * * * *
    (f) The owner or operator may delay the repair of a leaking heat 
exchanger when one of the conditions in paragraphs (f)(1) and (2) of 
this section is met. * * *
* * * * *

0
4. Section 63.655 is amended by revising paragraph (i)(1)(ii) to read 
as follows:

Sec.  63.655  Reporting and recordkeeping requirements.

* * * * *
    (i) * * *
    (1) * * *
    (ii) All references to Sec.  63.122 in Sec.  63.123 of subpart G of 
this part shall be replaced with Sec.  63.655(e),
* * * * *

Appendix to Subpart CC of Part 63--Tables--[Amended]

0
5. Table 4 of the appendix to subpart CC of part 63 is amended by 
revising the column headings to read as follows:

     Table 4--Gasoline Distribution Emission Point Recordkeeping and
                        Reporting Requirements a
------------------------------------------------------------------------
    Reference (section of
         subpart R)                Description             Comment
------------------------------------------------------------------------

                              * * * * * * *
------------------------------------------------------------------------

* * * * *

0
6. Table 6 of the appendix to subpart CC of part 63 is amended by 
revising the entries for Sec. Sec.  63.8(c)(4) and 63.10(b)(1) to read 
as follows:

        TABLE 6--General Provisions Applicability to Subpart CC a
------------------------------------------------------------------------
                            Applies to subpart
        Reference                   CC                   Comment
------------------------------------------------------------------------

                              * * * * * * *
63.8(c)(4)...............  Yes................  Except subpart CC
                                                 specifies the
                                                 monitoring cycle
                                                 frequency specified in
                                                 Sec.   63.8(c)(4)(ii)
                                                 is ``once every hour''
                                                 rather than ``for each
                                                 successive 15-minute
                                                 period.''

                              * * * * * * *
63.10(b)(1)..............  No.................  Sec.   63.655(i) of
                                                 subpart CC specifies
                                                 record retention
                                                 requirements.

                              * * * * * * *
------------------------------------------------------------------------

[[Page 37732]]

* * * * *

[FR Doc. 2010-15889 Filed 6-29-10; 8:45 am]
BILLING CODE 6560-50-P
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