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, 


cprice-sewell on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Rules and Regulations 37733 

Air pollution control, Hazardous 

substances, Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: June 24, 2010. 

Lisa P. Jackson, 

Administrator. 

■ 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 A—[Amended] 

■ 2. Section 63.6590 is amended by 

revising paragraph (b)(1) to read as 

follows: 

§ 63.6590 What parts of my plant does this 

subpart cover? 

* * * * * 

(b) * * * 

(1) An affected source which meets 

either of the criteria in paragraphs 

(b)(1)(i) through (ii) of this section does 

not have to meet the requirements of 

this subpart and of subpart A of this part 

except for the initial notification 

requirements of § 63.6645(f). 

(i) The stationary RICE is a new or 

reconstructed emergency stationary 

RICE with a site rating of more than 500 

brake HP located at a major source of 

HAP emissions. 

(ii) The stationary RICE is a new or 

reconstructed limited use stationary 

RICE with a site rating of more than 500 

brake HP located at a major source of 

HAP emissions. 

* * * * * 

[FR Doc. 2010–15886 Filed 6–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2005–0161; FRL–9169–9] 

RIN 2060–AQ31 

Regulation of Fuels and Fuel 

Additives: Modifications to Renewable 

Fuel Standard Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Partial withdrawal of direct 

final rule. 

SUMMARY: EPA published a direct final 

rule to amend the Renewable Fuel 

Standard program requirements on May 

10, 2010. Because EPA received adverse 

comment, we are withdrawing several 

provisions of the direct final rule. 

DATES: Effective June 30, 2010, EPA 

withdraws the definitions of ‘‘actual 

peak capacity,’’ ‘‘baseline volume,’’ and 

‘‘permitted capacity’’ from 40 CFR 

80.1401, and the amendments to 40 CFR 

80.1403(a), 80.1425 introductory text 

and paragraph (i), 80.1426(d)(1) 

introductory text, 80.1426 Table 2, 

80.1426(f)(3)(iv), 80.1426(f)(3)(v), 

80.1426(f)(12), 80.1452(b) introductory 

text, (b)(2), (b)(4), (b)(6), (b)(9), (b)(13), 

and (b)(15), and 80.1452(c) introductory 

text, (c)(4), (c)(5), and (c)(7), that were 

published at 75 FR 26026 on May 10, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Megan Brachtl, Compliance and 

Innovative Strategies Division, Office of 

Transportation and Air Quality (Mail 

Code: 6405J), Environmental Protection 

Agency, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460; telephone 

number: (202) 343–9473; fax number: 

(202) 343–2802; e-mail address: 

brachtl.megan@epa.gov. 

SUPPLEMENTARY INFORMATION: Because 

EPA received adverse comment, we are 

withdrawing several provisions of the 

direct final rule to amend the 

Renewable Fuel Standard program 

requirements, published on May 10, 

2010. We stated in that direct final rule 

that if we received adverse comment by 

June 9, 2010, the portion of the direct 

final rule on which adverse comment 

was received would not take effect, and 

we would publish a timely withdrawal 

of such portions of the direct final rule 

in the Federal Register. 

We subsequently received adverse 

comment on the following provisions: 

Certain of the amendments to 40 CFR 

80.1401 (moved the definitions of 

‘‘actual peak capacity,’’ ‘‘baseline 

volume,’’ and ‘‘permitted capacity’’ from 

40 CFR 80.1403(a), revised the 

definition of ‘‘actual peak capacity’’ to 

clarify how it is calculated and revised 

the definition of ‘‘permitted capacity’’ to 

clarify the dates before which permits 

used to establish a facility’s permitted 

capacity must have been issued or 

revised); 40 CFR 80.1425 (clarified that 

RINs generated after July 1, 2010, may 

only be generated and transferred using 

the EPA-Moderated Transaction System 

(EMTS) and will not be identified by a 

38-digit code and that the value of 

EEEEEEEE in a batch-RIN will be 

determined by the number of gallonRINs generated for the batch); 40 CFR 

80.1426(d)(1), 80.1426(f)(3)(iv), and 

80.1426(f)(3)(v) (clarified that a unique 

BBBBB code in the RIN, or its 

equivalent in EMTS, is used to identify 

a batch of renewable fuel from a given 

renewable fuel producer or importer); 

40 CFR 80.1426 Table 2 (clarified the 

extent to which renewable fuel 

producers must use certain advanced 

technologies in order for them to be 

considered when determining the 

proper D code for their fuel); 40 CFR 

80.1426(f)(12) (clarified the 

requirements for gas to be considered 

biogas for purposes of determining a 

renewable fuel’s D code); 40 CFR 

80.1452(b) (clarified that RINs must be 

generated in EMTS within five (5) 

business days of being assigned to a 

batch of renewable fuel and clarified the 

information required to be submitted via 

EMTS for each batch of renewable fuel 

produced or imported); and, 40 CFR 

80.1452(c) (clarified that transactions 

involving RINs generated on or after 

July 1, 2010 must be conducted via 

EMTS within five (5) business days of 

a reportable event, and clarified the 

meaning of the term ‘‘reportable event’’ 

and the information required to be 

submitted via EMTS for each 

transaction involving RINs generated on 

or after July 1, 2010). 

EPA published a parallel proposed 

rule on the same day as the direct final 

rule. The proposed rule invited 

comment on the substance of the direct 

final rule. We will address the 

comments received on the portions of 

the direct final rule listed above in a 

subsequent final action based on the 

parallel proposed rule also published on 

May 10, 2010 (75 FR 26049). The 

provisions for which we did not receive 

adverse comment will become effective 

on July 1, 2010, as provided in the May 

10, 2010, direct final rule. 

Dated: June 24, 2010. 

Lisa P. Jackson, 

Administrator. 

PART 80—REGULATION OF FUELS 

AND FUEL ADDITIVES 

■ Accordingly, the definitions of ‘‘actual 

peak capacity,’’ ‘‘baseline volume,’’ and 

‘‘permitted capacity’’ in 40 CFR 80.1401, 

and the amendments to 40 CFR 

80.1403(a), 80.1425 introductory text 

and paragraph (i), 80.1426(d)(1) 

introductory text, 80.1426 Table 2, 

80.1426(f)(3)(iv), 80.1426(f)(3)(v), 

80.1426(f)(12), 80.1452(b) introductory 

text, (b)(2), (b)(4), (b)(6), (b)(9), (b)(13), 

and (b)(15), and 80.1452(c) introductory 

text, (c)(4), (c)(5), and (c)(7), that were 

published on May 10, 2010 (75 FR 

26026) are withdrawn as of June 30, 

2010. 

[FR Doc. 2010–15881 Filed 6–29–10; 8:45 am] 

BILLING CODE 6560–50–P 


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