37132 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 

(3) Rule 67.0, ‘‘Architectural 

Coatings,’’ adopted on December 12, 

2001. 

* * * * * 

[FR Doc. 2013–14511 Filed 6–19–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0385; FRL–9824–2] 

Approval and Promulgation of 

Implementation Plans; Revised Format 

for Materials Being Incorporated by 

Reference for Florida; Approval of 

Recodification of the Florida 

Administrative Code; Correcting 

Amendments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Correcting amendments. 

SUMMARY: On June 16, 1999, EPA 

published a final rule in the Federal 

Register approving a Florida State 

Implementation Plan (SIP) revision, 

submitted through the Florida 

Department of Environmental Protection 

(FDEP) on April 15, 1996. The 

submission related to miscellaneous 

changes and the recodification of the 

Florida Administrative Code (F.A.C.). In 

addition, the submittal also contained 

several regulations that were supposed 

to be removed from the SIP. EPA’s June 

16, 1999, action approved the 

miscellaneous rule revisions, repeals 

and corrections; however, it failed to 

ensure the regulatory text reflected all of 

the repeals. This correcting amendment 

corrects and clarifies errors in the 

regulatory language in paragraph (c) of 

EPA’s June 16, 1999, final rule. 

DATES: Effective on June 20, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Sheckler, Air Quality Modeling 

and Transportation Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9222. 

Ms. Sheckler can be reached via 

electronic mail at 

sheckler.kelly@epa.gov. 

SUPPLEMENTARY INFORMATION: Today’s 

action corrects inadvertent errors in 

EPA’s June 16, 1999, final rulemaking. 

Specifically, this correcting amendment 

clarifies that EPA’s June 16, 1999, action 

approved the State’s implementation 

plan revision that repealed F.A.C. rules 

62–297.411 (DEP Method 1), 62–297.412 

(DEP Method 2), 62–297.413 (DEP 

Method 3), 62–297.415 (DEP Method 5), 

62–297.416 (DEP Method 5A), 62– 

297.417 (DEP Method 6) and, 62– 

297.423 (EPA Method 12-Determination 

of Inorganic Lead Emissions from 

Stationary Emission Units). The June 16, 

1999, final rule approved the removal of 

the test method rules from the SIP. 

These rules were repealed because they 

were obsolete. Another rule change 

provided for the incorporation of the 

federally approved American Society for 

Testing and Materials (ASTM) methods. 

However, EPA’s regulatory text did not 

properly indicate that the rules were 

repealed. This action corrects these 

inadvertent errors. 

EPA has determined that today’s 

actions fall under the ‘‘good cause’’ 

exemption in section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation where public notice 

and comment procedures are 

impracticable, unnecessary, or contrary 

to the public interest. Public notice and 

comment for this action is unnecessary 

because today’s action to correct 

inadvertent regulatory text errors 

included with EPA’s June 16, 1999, final 

rule are consistent with the substantive 

revisions to the Florida SIP described in 

the direct final rule addressing the 

miscellaneous revisions and the 

recodification of F.A.C. to make the SIP 

less complex and correct typographical 

errors. In addition, EPA can identify no 

particular reason why the public would 

be interested in being notified of the 

correction, or in having the opportunity 

to comment on the correction prior to 

this action being finalized, since this 

correction action does not change the 

meaning of EPA’s analysis or action 

addressing the recodification and 

miscellaneous revisions to the Florida 

SIP. EPA also finds that there is good 

cause under APA section 553(d)(3) for 

this correction to become effective on 

the date of publication of this action. 

Section 553(d)(3) of the APA allows an 

effective date less than 30 days after 

publication ‘‘as otherwise provided by 

the agency for good cause found and 

published with the rule.’’ 5 U.S.C. 

553(d)(3). The purpose of the 30-day 

waiting period prescribed in APA 

section 553(d)(3) is to give affected 

parties a reasonable time to adjust their 

behavior and prepare before the final 

rule takes effect. Today’s rule, however, 

does not create any new regulatory 

requirements such that affected parties 

would need time to prepare before the 

rule takes effect. Rather, today’s action 

merely corrects inadvertent errors in the 

regulatory text of EPA’s prior 

rulemaking for the Florida SIP. For 

these reasons, EPA finds good cause 

under APA section 553(d)(3) for this 

correction to become effective on the 

date of publication of this action. 

Statutory and Executive Order Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely corrects an 

inadvertent omission in the regulatory 

text of EPA’s June 16, 1999, final rule 

addressing the recodification of the 

Florida SIP, and miscellaneous changes 

and imposes no additional requirements 

beyond those already imposed by state 

law. Accordingly, the Administrator 

certifies that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). Because this rule 

merely corrects an inadvertent omission 

in the regulatory text of EPA’s June 16, 

1999, final rules addressing 

miscellaneous revisions and the 

recodification of F.A.C. to make the SIP 

less complex and to correct 

typographical errors, and does not 

impose any additional enforceable duty 

beyond that already required by state 

law, it does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Public Law 104–4). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

rule also does not have Federalism 

implications because it does not have 

substantial direct effects on the states, 

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 (64 FR 43255, 

August 10, 1999). This rule merely 

corrects inadvertent errors in the 

regulatory text of EPA’s June 16, 1999, 

final rule by removing certain repealed 

rules from the regulatory text, and does 

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Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 37133 

not alter the relationship or the 

distribution of power and 

responsibilities established in the CAA. 

This rule 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. In addition, this rule does 

not involve technical standards, thus 

the requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule also 

does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). 

The Congressional Review Act, 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. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: June 3, 2013. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is corrected by making 

the following correcting amendments: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart K—Florida 

§ 52.520 [Amended] 

■ 2. Section 52.520(c) is amended under 

Chapter 62–297 by removing the entries 

for ‘‘62–297.411’’, ‘‘62–297.412’’, ‘‘62– 

297.413’’, ‘‘62–297.415’’, ‘‘62–297.416’’, 

‘‘62–297.417’’ and ‘‘62–297.423’’. 

[FR Doc. 2013–14509 Filed 6–19–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2003–0146; FRL–9751–4] 

RIN 2060–AP84 

National Emission Standards for 

Hazardous Air Pollutants From 

Petroleum Refineries 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This action amends the 

national emission standards for 

hazardous air pollutants for heat 

exchange systems at petroleum 

refineries. The amendments address 

issues raised in a petition for 

reconsideration of the EPA’s final rule 

setting maximum achievable control 

technology rules for these systems and 

also provides additional clarity and 

regulatory flexibility with regard to that 

rule. This action does not change the 

level of environmental protection 

provided under those standards. The 

final amendments do not add any new 

cost burdens to the refining industry 

and may result in cost savings by 

establishing an additional monitoring 

option that sources may use in lieu of 

the monitoring provided in the original 

standard. 

DATES: The final amendments are 

effective on June 20, 2013. The 

incorporation by reference of certain 

publications listed in the final rule 

amendments is approved by the Director 

of the Federal Register as of June 20, 

2013. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2003–0146. All 

documents in the docket are listed in 

the www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in 

www.regulations.gov or in hard copy at 

the EPA Docket Center, National 

Emission Standards for Hazardous Air 

Pollutants From Petroleum Refineries, 

EPA West Building, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Brenda Shine, Office of Air Quality 

Planning and Standards, Sector Policies 

and Programs Division, Refining and 

Chemicals Group (E143–01), 

Environmental Protection Agency, 

Research Triangle Park, NC 27711, 

telephone number: (919) 541–3608; fax 

number: (919) 541–0246; email address: 

shine.brenda@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

information in this preamble is 

organized as follows: 

I. General Information 

A. Does this action apply to me? 

B. Where can I get a copy of this 

document? 

C. Judicial Review 

II. Background Information 

A. Executive Summary 

B. Background of the Refinery NESHAP 

III. Summary of the Final Amendments to 

NESHAP for Petroleum Refineries and 

Changes Since Proposal 

IV. Summary of Comments and Responses 

A. Uniform Standards for Heat Exchange 

Systems 

B. Refinery MACT 1 Requirements for Heat 

Exchange Systems 

V. Summary of Impacts 

VI. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination with Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children from Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

I. General Information 

A. Does this action apply to me? 

The regulated category and entities 

potentially affected by this final action 

include: 

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