13124 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 

Emissions From Existing Other Solid 

Waste Incineration Units 

§ 62.660 Identification of plan—negative 

declaration. 

Letter from the Pima County 

Department of Environmental Quality, 

submitted on April 14, 2008, certifying 

that there are no existing other solid 

waste incineration units in its 

jurisdiction subject to 40 CFR part 60, 

subpart FFFF, of this chapter. 

[FR Doc. E9–6641 Filed 3–25–09; 8:45 am] 

BILLING CODE 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 72, 73, 74, 77, and 78 

[EPA–HQ–OAR–2008–0774; FRL–8786–8] 

RIN 2060–AP35 

Rulemaking To Reaffirm the 

Promulgation of Revisions of the Acid 

Rain Program Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Because EPA received an 

adverse comment, EPA is withdrawing 

the direct final rule for ‘‘Rulemaking to 

Reaffirm the Promulgation of Revisions 

of the Acid Rain Program Rules,’’ which 

was published in the Federal Register 

on December 15, 2008. 

DATES: Effective March 26, 2009, EPA 

withdraws the direct final rule 

published at 73 FR 75954 on December 

15, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Dwight C. Alpern, Clean Air Markets 

Division, U.S. Environmental Protection 

Agency, Clean Air Markets Division, 

Mailcode: 6204J, Ariel Rios Building, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460, telephone (202) 

343–9151, e-mail at 

alpern.dwight@epa.gov. 

SUPPLEMENTARY INFORMATION: Because 

EPA received an adverse comment, EPA 

is withdrawing the direct final rule for 

‘‘Rulemaking to Reaffirm the 

Promulgation of Revisions of the Acid 

Rain Program Rules,’’ which was 

published on December 15, 2008 (73 FR 

75954). 

EPA stated in that direct final rule 

that if EPA received adverse comment 

by January 29, 2009, the direct final rule 

would not take effect and EPA would 

publish a timely withdrawal of the 

direct final rule in the Federal Register. 

EPA subsequently received an adverse 

comment on the direct final rule. 

Because EPA received an adverse 

comment, EPA is withdrawing the 

direct final rule for ‘‘Rulemaking to 

Reaffirm the Promulgation of Revisions 

of the Acid Rain Program Rules.’’ As 

stated in the parallel proposed rule (73 

FR 75983) published on the same day as 

the direct final rule, EPA will not 

institute a second comment period in 

this proceeding concerning the Acid 

Rain Program rule revisions addressed 

in the direct final and parallel proposed 

rules. EPA will address the adverse 

comment on the direct final rule in a 

subsequent final rule based on the 

parallel proposed rule. 

The revisions of the Acid Rain 

Program rules whose promulgation EPA 

proposed to reaffirm in the parallel 

proposed rule were described in detail, 

along with EPA’s reasons for such 

reaffirmation, in the interim final rule 

(73 FR 75959) that was published on the 

same day as the direct final and that 

reaffirmed—on an interim basis pending 

final action in this proceeding—the 

promulgation of the Acid Rain Program 

rule revisions. EPA notes that it is not 

withdrawing the interim final rule. 

List of Subjects in 40 CFR Parts 72, 73, 

74, 77, and 78 

Environmental protection, Acid rain, 

Administrative practice and procedure, 

Air pollution control, Electric utilities, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, Sulfur 

oxides. 

Dated: March 19, 2009. 

Elizabeth Craig, 

Acting Assistant Administrator. 

■ Accordingly, the direct final rule 

published in the Federal Register on 

December 15, 2008 (73 FR 75954) is 

withdrawn as of March 26, 2009. 

[FR Doc. E9–6764 Filed 3–25–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 370 

[EPA–HQ–SFUND–1998–0002; FRL 8785–3] 

RIN 2050–AE17 

Hazardous Chemical Reporting; Tier II 

Inventory Information 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA issued a final rule in the 

Federal Register on November 3, 2008, 

amending the Emergency Planning and 

Emergency Release Notification and 

Hazardous Chemical Reporting 

regulations, as well as re-writing the 

regulations in a plain language format. 

This document is being issued to correct 

a technical error to the regulatory text in 

Hazardous Chemical Reporting, 

specifically in the Tier II inventory 

information section. 

DATES: This final rule is effective March 

26, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–SFUND–1998–0002. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. 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 through 

http://www.regulations.gov or in hard 

copy at the Superfund Docket, EPA/DC, 

EPA West, 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 

Superfund Docket is (202) 566–0276. 

FOR FURTHER INFORMATION CONTACT: Sicy 

Jacob, Office of Emergency Management 

(OEM), Mail Code 5104A, 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., Washington 

DC 20004; telephone number: (202) 

564–8019; fax number: (202) 564–2620; 

e-mail address: jacob.sicy@epa.gov. 

Also contact the Superfund, TRI, 

EPCRA, RMP and Oil Information 

Center at (800) 424–9346 or (703) 412– 

9810 (in the Washington, DC 

metropolitan area). The 

Telecommunications Device for the Deaf 

(TDD) number is (800) 553–7672 or 

(703) 412–3323 (in the Washington, DC 

metropolitan area). You may wish to 

visit the OEM Internet site at http:// 

www.epa.gov/emergencies. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

The Agency included in the 

November 3, 2008 final rule who may be 

potentially affected by this action. If you 

have questions regarding the 

applicability of this action to a 

particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 13125 

B. How can I Access Electronic Copies 

of this Document and Other Related 

Information? 

In addition to using regulations.gov, 

you may access this Federal Register 

document electronically through the 

EPA Internet under the ‘‘Federal 

Register’’ listings at http:// 

www.epa.gov/fedrgstr. 

II. What Does This Correction Do? 

This document is being issued to 

correct a technical error in the 

regulatory text published in the final 

rule on November 3, 2008 (723 FR 

65452), in 40 CFR 370.42(i)(8) and (9). 

Specifically, the November 2008 final 

rule amended 40 CFR parts 355 and 370, 

as well as rewrote the regulations in a 

plain language format; the final rule is 

based on a June 8, 1998 (63 FR 31268) 

proposed rule in which EPA proposed 

several revisions to parts 355 and 370, 

as well as proposed to reorganize and 

rewrite the regulations in a plain 

language format. Prior to the November 

2008 final rule, the instructions to the 

Tier II inventory form in 40 CFR 370 

allowed facilities to include optional 

attachments with their inventory form. 

These optional items include: a site plan 

with site coordinates, a list of site 

coordinate abbreviations that 

correspond to buildings, lots, etc. or a 

description of dikes and other safeguard 

measures for storage locations 

throughout the facility. Although the 

Agency did not propose any revisions to 

these specific instructions in the June 

1998 proposed rule, the Agency made 

an error in the November 2008 final 

rule, while reorganizing the instructions 

to the Tier II inventory form. The 

Agency inadvertently listed one of the 

optional items, description of dikes and 

other safeguard measures, as a required 

item in 40 CFR 370.42(i)(9). 

This document corrects this error by 

deleting the phrase, ‘‘a description of 

dikes and other safeguard measures for 

each location listed’’ from 40 CFR 

370.42(i)(9), and re-inserting this phrase 

into 40 CFR 370.42(i)(8), which has also 

been re-formatted to provide greater 

clarity. 

III. Authority Under the Administrative 

Procedure Act 

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 final 

rule without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making this technical correction 

final without prior proposal and 

opportunity for comment, because this 

final rule corrects a technical error, adds 

clarity, and does not otherwise change 

the original requirements of the final 

rule. This section of the regulations was 

not proposed for any revisions in the 

June 8, 1998 proposed rule; it was only 

proposed for a rewrite in a plain 

language format. EPA finds that this 

constitutes good cause under 5 U.S.C. 

553(b)(3)(B). 

IV. Do Any of the Statutory and 

Executive Order Reviews Apply to This 

Action? 

This final rule corrects a technical 

error and does not otherwise change the 

requirements in the final rule. As a 

technical correction, this action is not 

subject to the statutory and Executive 

Order review requirements. For 

information about the statutory and 

Executive Order review requirements as 

they related to the final rule, see Section 

III in the Federal Register of November 

3, 2008. 

V. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

Agency promulgating the rule must 

submit a rule report 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 the 

publication of this final rule in the 

Federal Register. This final rule is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 370 

Environmental protection, Chemicals, 

Hazardous substances, Penalties, 

Reporting and recordkeeping 

requirements, Superfund. 

Dated: March 16, 2009. 

Lisa P. Jackson, 

Administrator. 

■ For the reasons set out in the 

preamble, title 40, chapter 1 of the Code 

of Federal Regulations is amended as 

follows: 

PART 370—[AMENDED] 

■ 1. The authority citation for part 370 

continues to read as follows: 

Authority: Sections 302, 311, 312, 322, 

324, 325, 327, 328, and 329 of the Emergency 

Planning and Community Right-To-Know 

Act of 1986 (EPCRA) (Pub. L. 99–499, 100 

Stat. 1613, 42 U.S.C. 11002, 11021, 11022, 

11042, 11044, 11045, 11047, 11048, and 

11049). 

■ 2. In § 370.42 revise paragraphs (i)(8) 

and (9) to read as follows: 

§ 370.42 What is Tier II Inventory 

Information? 

* * * * * 

(i) * * * 

(8) (i) Provide a brief description of 

the precise location of the hazardous 

chemical at your facility. You may also 

attach one of the following with your 

Tier II inventory form. 

(A) A site plan with site coordinates 

indicated for buildings, lots, areas, etc. 

throughout your facility. 

(B) A list of site coordinate 

abbreviations that correspond to 

buildings, lots, areas, etc. throughout 

your facility. 

(C) A description of dikes and other 

safeguard measures for storage locations 

throughout your facility. 

(ii) Under EPCRA section 324, you 

may choose to withhold from disclosure 

to the public the location information 

for a specific chemical. If you choose to 

withhold the location information from 

disclosure to the public, you must 

clearly indicate that the information is 

‘‘confidential.’’ You must provide the 

confidential location information on a 

separate sheet from the other Tier II 

information (which will be disclosed to 

the public), and attach the Confidential 

Location Information Sheet to the other 

Tier II information. Indicate any 

attachments you are including. 

(9) Provide a brief description of the 

manner of storage of the hazardous 

chemical, including container type, 

temperature and pressure for each 

location listed. You must use codes that 

correspond to different storage types 

and temperature and pressure 

conditions. The storage codes are in 

§ 370.43. If the specific location for 

which you are reporting storage 

conditions is a ‘‘confidential’’ location, 

then you must report the storage 

conditions on a separate Confidential 

Location Information Sheet. 

[FR Doc. E9–6264 Filed 3–25–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–412; MB Docket No. 08–26; RM– 

11418] 

Radio Broadcasting Services; Evart 

and Ludington, MI 

AGENCY: Federal Communications 

Commission.