### 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—T ECHNICAL 

### C ORRECTIONS TO 

### 40 CFR P ART 

### 63, S UBPART 

### AAAAAAA, S ECTIONS 

### 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.


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

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://