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[Federal Register Volume 90, Number 4 (Tuesday, January 7, 2025)]
[Rules and Regulations]
[Pages 1040-1041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31226]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2023-0330; FRL-4908.3-02-OAR]

Review of Final Rule Reclassification of Major Sources as Area 
Sources Under Section 112 of the Clean Air Act; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: The Environmental Protection Agency (EPA) is making 
corrections to the Review of Final Rule Reclassification of Major 
Sources as Area Sources Under Section 112 of the Clean Air Act (CAA) 
final rule that appeared in the Federal Register on September 10, 2024. 
Following publication of this final rule, the EPA discovered an 
inadvertent typographical error in the regulatory text and is 
correcting the error in this action.

DATES: The final rule is effective on January 7, 2025.

ADDRESSES: The EPA has established a docket for this rulemaking under 
Docket ID No. EPA-HQ-OAR-2023-0330. All documents in the docket are 
listed on the https://www.regulations.gov/ website. Although listed, 
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 
electronically through https://www.regulations.gov/.

FOR FURTHER INFORMATION CONTACT: Mr. John Kennedy, Mail Drop: D243-02, 
109 T.W. Alexander Drive, P.O. Box 12055, RTP, North Carolina 27711; 
telephone number: (919) 541-1548; and email address: 
[email protected].

I. Summary of Final Action

    The EPA is making a correction to the Review of Final Rule 
Reclassification of Major Sources as Area Sources Under Section 112 of 
the Clean Air Act (CAA) final rule that appeared in the Federal 
Register on September 10, 2024 (89 FR 73293). In the September 10, 
2024, final rule, the EPA amended 40 CFR 63.1(c)(6) to include a 
requirement that sources subject to certain major source NESHAP used to 
meet the Agency's obligations under the CAA for seven specific 
persistent and bioaccumulative pollutants must remain subject to those 
NESHAP even if the sources reclassify to area source status.
    Following publication of this final rule, the EPA discovered an 
inadvertent typographical error in the regulatory text in 40 CFR 
63.1(c)(6) and is correcting the error in this action. Specifically, as 
finalized on September 10, 2024, the regulatory text in 40 CFR 
63.1(c)(6)(iii) included a reference to 40 CFR part 63 subpart HHH 
(National Emission Standards for Hazardous Air Pollutants from Natural 
Gas Transmission and Storage Facilities) instead of the correct 
reference, 40 CFR part 63 subpart MMM (National Emission Standards for 
Hazardous Air Pollutants for Pesticide Active Ingredient Production). 
This error was included in the table of CAA 112(c)(6) categories placed 
in the docket for the Review of Final Rule Reclassification of Major 
Sources as Area Sources Under Section 112 of the Clean Air Act (docket 
ID: EPA-HQ-OAR-2023-0330-0033). The table included the correct source 
category rule name, National Emission Standards for Hazardous Air 
Pollutants for Pesticide Active Ingredient Production, but instead of 
referencing the correct regulation reference to 40 CFR part 63 subpart 
MMM, it referenced 40 CFR part 63 subpart HHH. This error found in the 
table included in the docket was cross referenced in the regulatory 
text of the final rulemaking. This action corrects this inadvertent 
typographical error by removing the reference to 40 CFR part 63 subpart 
HHH from 40 CFR 63.1(c)(6)(iii) and adding the correct reference to 40 
CFR part 63 subpart MMM.

II. Rulemaking Procedures

    The EPA's authority for the rulemaking procedures followed in this 
action is provided by the Administrative Procedure Act (APA), 5 U.S.C. 
553. In general, an agency issuing a rule must provide prior notice and 
an opportunity for public comment, but APA section 553(b)(B) includes 
an exemption from notice-and-comment requirements ``when the agency for 
good cause finds (and incorporates the finding and a brief statement of 
reasons therefor in the rule issued) that notice and public procedure 
thereon are impracticable, unnecessary, or contrary to the public 
interest.'' This action is being issued without prior notice or 
opportunity for public comment because the EPA finds that the APA 
``good cause'' exemption from notice-and-comment requirements applies 
here.
    Following notice-and-comment procedures is unnecessary for this 
action. This action corrects a

[[Page 1041]]

typographical error to correct a reference in 40 CFR 63.1(c)(6)(iii) to 
40 CFR part 63 subpart MMM instead of 40 CFR part 63 subpart HHH. It is 
critical to timely correct the identified error to avoid confusion.
    This action is effective immediately upon publication. The APA 
typically requires publication of a final rule to precede its effective 
date by at least 30 days unless, as relevant here, the agency finds 
good cause to make the rule effective sooner. APA section 553(b)(B). 
Under APA section 553(d), these technical corrections are both 
necessary and beneficial to regulated entities in understanding and 
complying with the final rule's requirements. Further, because this 
rule does not impose any new regulatory requirements, the regulated 
community does not need time to prepare for it to come into effect. See 
Omnipoint Corp. v. Fed. Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 
1996) (in determining whether good cause exists to make a rule 
immediately effective, an agency should ``balance the necessity for 
immediate implementation against principles of fundamental fairness 
which require that all affected persons be afforded a reasonable amount 
of time to prepare for the effective date of its ruling'').
    Good cause exists for this rule to be made immediately effective. 
The EPA has balanced the necessity for immediate implementation against 
the benefits of delaying implementation. Because this rule makes a 
typographical correction to a rule that has already been promulgated, 
the public is aware of the content of the rule. Making the corrections 
effective immediately will make the regulatory text consistent with 
what the proposed rule and the preamble to the final rule have 
described.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practices and procedures, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

Michael S. Regan,
Administrator.

    For the reasons set forth in the preamble, the Environmental 
Protection Agency is amending title 40, chapter I, part 63 of the Code 
of Federal Regulations as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart A--General Provisions

0
2. Amend Sec.  63.1 by revising paragraph (c)(6)(iii) as follows:

Sec.  63.1  Applicability.

* * * * *
    (c) * * *
    (6) * * *
    (iii) After September 10, 2024, affected sources subject to the 
following 40 CFR part 63 subparts on September 10, 2024, must remain 
subject to those subparts, and any modifications thereafter, even if 
the source becomes an area source by reducing both its actual emissions 
and potential to emit hazardous air pollutants to below major source 
thresholds: F, G, H, I, L, R, X, CC, GG, II, JJ, KK, LL, MM, EEE, JJJ, 
LLL, MMM, RRR, UUU, FFFF, JJJJ, MMMM, PPPP, ZZZZ, CCCCC, DDDDD, FFFFF, 
IIIII, LLLLL, YYYYY, JJJJJJ, EEEEEEE.
* * * * *
[FR Doc. 2024-31226 Filed 1-6-25; 8:45 am]
BILLING CODE P
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