12988 Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules and Regulations 

We will publish an appropriate 

amendment to 39 CFR Part 111 to reflect 

these changes. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2010–5738 Filed 3–17–10; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2009–0027; FRL–9128–1] 

RIN 2060–AO94 

National Emission Standards for 

Hazardous Air Pollutants for Area 

Sources: Asphalt Processing and 

Asphalt Roofing Manufacturing; 

Technical Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical correction. 

SUMMARY: On December 2, 2009, EPA 

promulgated national emissions 

standards for the control of emissions of 

Hazardous Air Pollutants (HAP) from 

the asphalt processing and asphalt 

roofing manufacturing area source 

category (74 FR 63236). Following 

signature of this final rule, EPA 

discovered three inadvertent 

typographical errors in the numbering of 

paragraphs and is correcting those errors 

in this action. 

DATES: This correction is effective on 

April 19, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Warren Johnson at (919) 541–5124. 

SUPPLEMENTARY INFORMATION: 

I. Summary of Amendments 

We promulgated national emissions 

standards for the control of emissions of 

HAP from the asphalt processing and 

asphalt roofing manufacturing area 

source category on December 2, 2009 

(40 CFR part 63, subpart AAAAAAA). 

Following signature of the final asphalt 

processing and asphalt roofing 

manufacturing area source standards in 

subpart AAAAAAA, we discovered 

three inadvertent typographical errors in 

the lettering of paragraphs in section 

63.11563, entitled, ‘‘What are my 

Monitoring Requirements?’’ We are 

correcting those errors in this action. 

Also, in section 63.11564, entitled, 

‘‘What are my Notification, 

Recordkeeping, and Reporting 

Requirements?’’ we are amending cross 

references to the paragraphs we are 

correcting in section 63.11563 to satisfy 

these cross references. A red line 

version of the corrected rule language is 

available in docket EPA–HQ–OAR– 

2009–0027. Table 1 of this preamble 

describes the five technical corrections 

to 40 CFR part 63, subpart AAAAAAA. 

TABLE 1—TECHNICAL CORRECTIONS TO 40 CFR PART 63, SUBPART AAAAAAA, SECTIONS 63.11563 AND 63.11564 

Technical correction Reason 

In section 63.11563, replace paragraph letter ‘‘(l)’’ with paragraph letter 

‘‘(g)’’.

To have this paragraph follow paragraph 63.11563(f) in proper sequence, and to satisfy the cross reference in section 

63.11563(c)(2)(iii). 

In section 63.11563, replace paragraph letter ‘‘(m)’’ with paragraph letter ‘‘(h)’’.To have this paragraph follow corrected paragraph (g) in proper sequence. 

In section 63.11563, replace paragraph letter ‘‘(n)’’ with paragraph letter 

‘‘(i)’’.

To have this paragraph follow corrected paragraph (h) in proper sequence. 

In section 63.11564(c)(8), replace cross reference to section 

‘‘63.11563(b) or (l)’’ with ‘‘63.11563(b) or (g)’’.

To satisfy the cross reference in section 63.11564(c)(8). 

In section 63.11564(c)(9), replace cross reference to section 

‘‘63.11563(m)’’ with ‘‘63.11563(h)’’.

To satisfy the cross reference in section 63.11564(c)(9). 

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 

only simple typographical errors are 

being corrected that do not substantially 

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)(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 

F.R. 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 and Safety Risks 

(62 FR 19885, April 23, 1997) because 

it is not economically significant. 

mstockstill on DSKH9S0YB1PROD with RULES

Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules and Regulations 12989 

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 (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 

technical correction final without prior 

proposal and opportunity for comment 

because only simple typographical 

errors are being corrected that do not 

substantially change the Agency actions 

taken in the final rule. Thus, notice and 

public procedure are unnecessary. EPA 

has therefore established an effective 

date of April 19, 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 will be effective April 19, 2010. 

List of Subjects in 40 CFR Part 63 

Environmental protection, Air 

pollution control, Hazardous 

substances, Incorporation by reference, 

Reporting and recordkeeping 

requirements. 

Dated: March 11, 2010. 

Gina McCarthy, 

Assistant Administrator, Office of Air and 

Radiation. 

■ 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] 

■ 1. The authority citation for part 63 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart AAAAAAA-—[Amended] 

§ 63.11563 [Amended] 

■ 2. Section 63.11563 is amended by 

redesignating paragraphs (l), (m) and (n) 

to become paragraphs (g), (h), and (i), 

respectively. 

■ 3. Section 63.11564 is amended by 

revising paragraphs (c)(8) and (c)(9) to 

read as follows: 

§ 63.11564 What are my notification, 

recordkeeping, and reporting 

requirements? 

* * * * * 

(c) * * * 

(8) A copy of the site-specific 

monitoring plan required under 

§ 63.11563(b) or (g). 

(9) A copy of the approved alternative 

monitoring plan required under 

§ 63.11563(h), if applicable. 

* * * * * 

[FR Doc. 2010–5964 Filed 3–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 260, 261, 262, 263, 264, 

265, 266, 268 and 270 

[EPA–RCRA–2008–0678; FRL–9127–9] 

RIN 2050–AG52 

Hazardous Waste Technical 

Corrections and Clarifications Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) is taking 

Direct Final action on a number of 

technical changes that correct or clarify 

several parts of the Resource 

Conservation and Recovery Act (RCRA) 

hazardous waste regulations that relate 

to hazardous waste identification, 

manifesting, the hazardous waste 

generator requirements, standards for 

owners and operators of hazardous 

waste treatment, storage and disposal 

facilities, standards for the management 

of specific types of hazardous waste and 

specific types of hazardous waste 

management facilities, the land disposal 

restrictions program, and the hazardous 

waste permit program. These changes 

correct existing errors in the hazardous 

waste regulations that have occurred 

over time in numerous final rules 

published in the Federal Register, such 

as typographical errors, incorrect or 

outdated citations, and omissions. Some 

of the corrections are necessary to make 

conforming changes to all appropriate 

parts of the RCRA hazardous waste 

regulations for new rules that have since 

been promulgated. In addition, these 

changes clarify existing parts of the 

hazardous waste regulatory program and 

update references to Department of 

Transportation (DOT) regulations that 

have changed since the publication of 

various RCRA hazardous waste final 

rules. 

DATES: This Direct Final Rule is 

effective on June 16, 2010 without 

further notice unless EPA receives 

adverse comments by May 3, 2010. If 

adverse comment is received, EPA will 

publish a timely withdrawal of the 

Direct Final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. No. EPA– 

HQ–RCRA–2008–0678 by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: rcra-docket@epa.gov and 

oleary.jim@epa.gov. Attention Docket ID 

No. EPA–HQ–RCRA–2008–0678. 

• Fax: (202) 566–9744. Attention 

Docket ID No. EPA–HQ–RCRA–2008– 

0678. 

• Mail: RCRA Docket (2822T), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. Attention 

Docket ID No. EPA–HQ–RCRA–2008– 

0678. Please include a total of 2 copies. 

• Hand Delivery: EPA West Building, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–RCRA–2008– 

0678. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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