[Federal Register Volume 75, Number 177 (Tuesday, September 14, 2010)]
[Proposed Rules]
[Pages 55711-55713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22851]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51, 52, 72, 78, and 97

[EPA-HQ-OAR-2009-0491; FRL-9201-6]
RIN 2060-AP50


Federal Implementation Plans To Reduce Interstate Transport of 
Fine Particulate Matter and Ozone; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; correcting amendments.

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SUMMARY: The preamble to the proposed Transport Rule contains minor, 
technical errors that EPA is correcting in this action. In the portion 
of the preamble discussing in detail the proposed trading programs, EPA 
states clearly that it is proposing provisions that allow units to opt 
into these trading programs. Moreover, the proposed rule text for the 
Transport Rule includes detailed opt-in provisions for each proposed 
trading program. However, two sentences in other portions of the 
Transport Rule preamble erroneously state that the proposed trading 
programs do not allow units to opt in. In this proposed rule, EPA is 
correcting these technical errors.

DATES: Effective Date: These correcting amendments are effective on 
September 14, 2010.
    Comments: The deadline for receipt of comments on the proposed 
Transport Rule (including the corrections proposed by this action) 
continues to be October 1, 2010, the same date set forth in the 
proposed Transport Rule (75 FR 45210, August 2, 2010) as the deadline 
for receipt of comments.
    Public Hearing: As explained in the proposed Transport Rule, three 
public hearings were scheduled to be held before the end of the comment 
period. The dates, times and locations were announced separately. 
Please refer to the notice of public hearings (75 FR 45075, August 2, 
2010) on the proposed Transport Rule for additional information on the 
comment period and the public hearings.

ADDRESSES: The EPA has established a docket for the proposed Transport 
Rule, including this action, under Docket ID EPA-HQ-OAR-2009-0491. All 
documents in the docket are listed in the http://www.regulations.gov 
index. Although listed in the index, some information is not publicly 
available, e.g., confidential business information or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the EPA Docket Center 
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 
EPA Docket Center is (202) 566-1742. This action and other rulemaking 
actions related to the proposed Transport Rule are also available at 
EPA's Air Transport Web site at http://www.epa.gov/airtransport.

FOR FURTHER INFORMATION CONTACT: Mr. Tim Smith, Air Quality Policy 
Division, Office of Air Quality Planning and Standards (C539-04), 
Environmental Protection Agency, Research Triangle Park, NC 27711; 
telephone number: (919) 541-4718; fax number: (919) 541-0824; e-mail 
address: <a href="/cdn-cgi/l/email-protection#30435d5944581e44595d705540511e575f46"><span class="__cf_email__" data-cfemail="53203e3a273b7d273a3e133623327d343c25">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 
    The proposed Transport Rule contains minor, technical errors in two 
sentences in the preamble. In the portion of the preamble (i.e., 
section V.D.4.a (75 FR 45307-9)) that discusses in detail the proposed 
Transport Rule trading programs, EPA states clearly that it is 
proposing provisions that allow units to opt into the proposed trading 
programs. Moreover, the proposed rule text in the proposed Transport 
Rule (75 FR 45389-92, 45414-17, 45438-41, and 45462-65) includes 
detailed opt-in provisions for each of these trading programs. However, 
subsequent portions (i.e., sections V.F.3 (75 FR 45338) and V.G.1 (75 
FR 45340)) of the preamble compare the proposed rule with the Clean Air 
Interstate Rule and the Acid Rain Program and mention in a summary way 
the treatment of opt-in units in the proposed rule. Two sentences in 
those portions of the preamble erroneously state that the proposal does 
not allow units to opt in.
    EPA believes that the proposed Transport Rule, as written, makes it 
clear that the Agency is proposing to allow units to opt into the 
Transport Rule trading programs. Furthermore, on July 15, 2010, EPA put 
a statement on its Web site noting that the proposed trading programs 
allow for opt-in units and explaining that the two sentences on 75 FR 
45338 and 45340 are in error. On August 2, 2010, the docket for the 
proposed Transport Rule, including a memorandum noting that this 
statement had been put on EPA's Web site, became publicly available.
    While EPA maintains that its proposal is clear in proposing to 
allow opt-in units, EPA is publishing this amendment to the proposed 
Transport Rule to eliminate any possible claim of confusion. 
Specifically, EPA is amending the two erroneous sentences in the 
proposed Transport Rule preamble as follows. The second sentence in 
section V.F.3 of the preamble (75 FR 45338 (col. 1)) is amended to 
read: ``First, the proposed Transport Rule allows units to opt into the 
trading programs.'' The seventh sentence of section V.G.1 of the 
preamble (75 FR 45340 (col. 2)) is amended to read: ``The Transport 
Rule programs as proposed have opt-in provisions, so sources, including 
those that have opted into the Acid Rain Program, would be able to opt 
into the Transport Rule programs.'' These amendments are technical 
changes that do not alter the substance of the proposal. On the 
contrary, the amendments simply make two sentences in the preamble that 
summarily refer to the treatment of opt-in units in the proposal 
consistent with the portions of the preamble and rule text that contain 
not only a comprehensive, detailed discussion of EPA's proposed 
inclusion of opt-in units in the proposed Transport Rule programs, but 
also the proposed opt-in provisions themselves.

Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action only corrects minor, technical errors in the proposed 
Transport Rule and, as discussed above, does not make any substantive 
change

[[Page 55712]]

in the proposal. This action is therefore not an ``economically 
significant regulatory action'' under Executive Order 12866, Regulatory 
Planning and Review (58 FR 51735, October 4, 1993). Moreover, the 
Office of Management and Budget (OMB) previously reviewed the proposed 
Transport Rule under Executive Order 12866.
    In addition, EPA previously prepared the Regulatory Impacts 
Analysis (RIA) for the proposed Transport Rule. This action correcting 
minor, technical errors does not affect the RIA. The RIA and the 
discussion of it in the proposed Transport Rule remain fully applicable 
to the proposed Transport Rule with the corrections proposed by this 
action.

B. Paperwork Reduction Act

    EPA previously submitted for approval by OMB under the Paperwork 
Reduction Act (44 U.S.C. 3501, et seq.) the information collection 
requirements in the proposed Transport Rule. This action correcting 
minor, technical errors does not change these requirements and their 
estimated burden. The discussion of the requirements and their burden 
in the proposed Transport Rule remain fully applicable to the proposed 
Transport Rule with the corrections proposed by this action.

C. Regulatory Flexibility Act (RFA)

    EPA previously certified that the proposed Transport Rule will not 
have a significant economic impact on a substantial number of small 
entities. This action correcting minor, technical errors does not 
change the economic impact. The certification and the discussion of it 
in the proposed Transport Rule remain fully applicable to the proposed 
Transport Rule with the corrections proposed by this action.

D. Unfunded Mandates Reform Act

    EPA previously prepared a written statement under section 202 of 
the Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 1531-1538), 
and addressed the requirements of sections 203 through 205 of UMRA, 
concerning the proposed Transport Rule. This action correcting minor, 
technical errors does not contain a Federal mandate that may result in 
expenditures of $100 million or more for state, local, and tribal 
governments, in the aggregate, or the private sector in any one year. 
The written statement and the discussion of the requirements of 
sections 203 through 205 of UMRA in the proposed Transport Rule remain 
fully applicable to the proposed Transport Rule with the corrections 
proposed by this action.

E. Executive Order 13132: Federalism

    EPA previously discussed the federalism implications of the 
proposed Transport Rule. This action correcting minor, technical errors 
does not have any federalism implications. The discussion of federalism 
implications and of the applicability of Executive Order 13132, 
Federalism (64 FR 43255, August 10, 1999) in the proposed Transport 
Rule remain fully applicable to the proposed Transport Rule with the 
corrections proposed by this action.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    EPA previously discussed the tribal implications of the proposed 
Transport Rule. This action correcting minor, technical errors does not 
have any tribal implications. The discussion of tribal implications, 
and of the applicability of Executive Order 13175, Consultation and 
Coordination With Indian Tribal Governments (65 FR 67249, November 9, 
2000), in the proposed Transport Rule remain fully applicable to the 
proposed Transport Rule with the corrections proposed by this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    EPA previously discussed the applicability of Executive Order 
13045, Protection of Children From Environmental Health and Safety 
Risks (62 FR 19885, April 23, 1997) to the proposed Transport Rule. 
This action correcting minor, technical errors does not involve 
decisions on environmental health and safety that may 
disproportionately affect children. The discussion in the proposed 
Transport Rule concerning Executive Order 13045 remains fully 
applicable to the proposed Transport Rule with the corrections proposed 
by this action.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    EPA previously prepared a Statement of Energy Effects under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, 
May 22, 2001). This action correcting minor, technical errors not only 
is not a ``significant energy action'' as defined in section 4(b) of 
Executive Order 13211, but also does not affect the Statement of Energy 
Effects. The statement and the discussion of the statement in the 
proposed Transport Rule remain fully applicable to the proposed 
Transport Rule with the corrections proposed by this action.

I. National Technology Transfer Advancement Act

    EPA previously discussed the consistency of the proposed Transport 
Rule with the requirements of section 12(b) of the National Technology 
Transfer and Advancement Act of 1995, (NTAA) Public Law 104-113, 12(d) 
(15 U.S.C. 272 note). This action correcting minor, technical errors 
does not involve the use of technical standards. The discussion of the 
application of NTAA requirements in the proposed Transport Rule remains 
fully applicable to the proposed Transport Rule with the corrections 
proposed by this action.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    EPA previously discussed the application of the requirements of 
Executive Order 12898, Federal Actions To Address Environmental Justice 
in Minority Populations and Low-Income Populations (59 FR 7629, 
February 16, 1994) to the proposed Transport Rule. This action 
correcting minor, technical errors does not change the human health or 
environmental effects of the proposed Transport Rule on minority, low-
income, and Tribal populations in the United States. The discussion 
applying the requirements of Executive Order 12898 in the proposed 
Transport Rule remains fully applicable to the proposed Transport Rule 
with the corrections proposed by this action.

List of Subjects

40 CFR Part 52

    Administrative practice and procedure, Air pollution control, 
Intergovernmental relations, Nitrogen oxides, Ozone, Particulate 
matter, Regional haze, Reporting and recordkeeping requirements, Sulfur 
dioxide.

40 CFR Part 78

    Acid rain, Administrative practice and procedure, Air pollution 
control, Electric utilities, Intergovernmental relations, Nitrogen 
oxides, Reporting and recordkeeping requirements, Sulfur dioxide.

40 CFR Part 97

    Administrative practice and procedure, Air pollution control, 
Electric utilities, Nitrogen oxides, Reporting and recordkeeping 
requirements, Sulfur dioxide.


[[Page 55713]]


    Dated: September 8, 2010.
Lisa Jackson,
Administrator.
[FR Doc. 2010-22851 Filed 9-13-10; 8:45 am]
BILLING CODE 6560-50-P


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