37730 Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Rules and Regulations 

Dated: June 14, 2010. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

■ Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.242 is amended by 

adding paragraph (a)(6) to read as 

follows: 

§ 52.242 Disapproved rules and 

regulations. 

(a) * * * 

(6) Monterey Bay Unified Air 

Pollution Control District 

(i) Rule 400, Visible Emissions, 

submitted on March 7, 2008. Rule 400 

submitted on January 15, 2004, is 

retained. 

[FR Doc. 2010–15759 Filed 6–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 ‘‘§ 63.654(f)’’ with ‘‘§ 63.655(f)’’ to correct a section reference. 

63.646(k) ............................................................. Replace ‘‘§ 63.654(g)’’ with ‘‘§ 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 ‘‘§ 63.654(e)’’ with ‘‘§ 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 63.10(b)(1) ............................. Replace ‘‘§ 63.644(d)’’ with ‘‘§ 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. 


cprice-sewell on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Rules and Regulations 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. 

■ 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] 

■ 1. The authority citation for part 63 

continues to read as follows: 

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

Subpart CC—[Amended] 

■ 2. Section 63.646 is amended by: 

■ a. Revising paragraph (j) and 

■ b. Revising paragraph (k) to read as 

follows: 

§ 63.646 Storage vessel provisions. 

* * * * * 

(j) References to the Notification of 

Compliance Status report in § 63.152(b) 

mean the Notification of Compliance 

Status required by § 63.655(f). 

(k) References to the Periodic Reports 

in § 63.152(c) mean the Periodic Report 

required by § 63.655(g). 

* * * * * 

■ 3. Section 63.654 is amended by 

revising the first sentence of paragraph 

(f) introductory text to read as follows: 

§ 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. * * * 

* * * * * 

■ 4. Section 63.655 is amended by 

revising paragraph (i)(1)(ii) to read as 

follows: 

§ 63.655 Reporting and recordkeeping 

requirements. 

* * * * * 

(i) * * * 

(1) * * * 

(ii) All references to § 63.122 in 

§ 63.123 of subpart G of this part shall 

be replaced with § 63.655(e), 

* * * * * 

Appendix to Subpart CC of Part 63— 

Tables—[Amended] 

■ 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 

*******

* * * * * ■ 6. Table 6 of the appendix to subpart 

CC of part 63 is amended by revising the 

entries for §§ 63.8(c)(4) and 63.10(b)(1) 

to read as follows: 

TABLE 6—GENERAL PROVISIONS APPLICABILITY TO SUBPART CC a

Reference Applies to subpart CC Comment 

*******

63.8(c)(4) .......... Yes ........................................................... Except subpart CC specifies the monitoring cycle frequency specified in 

§ 63.8(c)(4)(ii) is ‘‘once every hour’’ rather than ‘‘for each successive 15-minute 

period.’’ 

*******

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

*******


cprice-sewell on DSKHWCL6B1PROD with RULES
37732 Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Rules and Regulations 

* * * * * 

[FR Doc. 2010–15889 Filed 6–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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, 


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