Rule2021-11740
Revised Cross-State Air Pollution Rule Update for the 2008 Ozone NAAQS; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 4, 2021
Effective
June 29, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is correcting certain statements in the preamble of the Revised Cross-State Air Pollution Rule (CSAPR) Update for the 2008 Ozone NAAQS, which was published as a final rule in the Federal Register on April 30, 2021. The preamble describes a provision of the final regulatory text incorrectly by indicating that the provision applies if a satisfactory demonstration is made, when in fact no demonstration is required. This document corrects the preamble to accurately describe the regulatory text provision.
Full Text
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<title>Federal Register, Volume 86 Issue 106 (Friday, June 4, 2021)</title>
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[Federal Register Volume 86, Number 106 (Friday, June 4, 2021)]
[Rules and Regulations]
[Pages 29948-29949]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-11740]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51, 52, 78, and 97
[EPA-HQ-OAR-2020-0272; FRL-10024-45-OAR]
RIN 2060-AU84
Revised Cross-State Air Pollution Rule Update for the 2008 Ozone
NAAQS; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction.
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SUMMARY: The Environmental Protection Agency (EPA) is correcting
certain statements in the preamble of the Revised Cross-State Air
Pollution Rule (CSAPR) Update for the 2008 Ozone NAAQS, which was
published as a final rule in the Federal Register on April 30, 2021.
The preamble describes a provision of the final regulatory text
incorrectly by indicating that the provision applies if a satisfactory
demonstration is made, when in fact no demonstration is required. This
document corrects the preamble to accurately describe the regulatory
text provision.
DATES: The effective date of this document is June 29, 2021.
FOR FURTHER INFORMATION CONTACT: David Lifland, Clean Air Markets
Division, Office of Atmospheric Programs, Office of Air and Radiation,
at <a href="/cdn-cgi/l/email-protection#8be7e2ede7eae5efa5efeafde2efcbeefbeaa5ece4fd"><span class="__cf_email__" data-cfemail="3f535659535e515b115b5e49565b7f5a4f5e11585049">[email protected]</span></a> or 202-343-9151.
SUPPLEMENTARY INFORMATION:
Background
The Revised CSAPR Update was signed by EPA Administrator Michael
Regan on March 15, 2021, was published in the Federal Register on April
30, 2021 (86 FR 23054), and has an effective date of June 29, 2021.
Among other things, the rule includes provisions at new 40 CFR
97.811(d) recalling a certain number of allowances issued under the
CSAPR NO<INF>X</INF> Ozone Season Group 2 Trading Program (referred to
here as ``Group 2 allowances'') equivalent in quantity and useability
to the vintage 2021-2024 Group 2 allowances that EPA had previously
recorded in the compliance accounts of sources in states covered by the
new CSAPR NO<INF>X</INF> Ozone Season Group 3 Trading Program (referred
to here as ``Group 3 sources''). The recall applies to all Group 3
sources in whose accounts vintage 2021-2024 Group 2 allowances were
recorded, including sources that may have already sold the Group 2
allowances or retired. See generally 86 FR at 23139-142 and 23201-203.
In response to comments received on the proposal, the regulatory
text implementing the recall requirements includes a provision intended
to address the possible circumstance where the current owners and
operators of a Group 3 source may have obtained ownership and control
in a transaction that did not also provide rights to direct the use or
transfer of Group 2 allowances recorded in the source's compliance
account. In such a circumstance, the regulatory text at new 40 CFR
97.811(d)(2)(ii)(B) provides that responsibility for complying with the
Group 2 allowance recall requirements lies with the most recent former
owners and operators of the source before the occurrence of any such
transactions. See 86 FR at 23201.
Need for Corrections
As published, the preamble text describing the regulatory text
provision at new 40 CFR 97.811(d)(2)(ii)(B) includes an incorrect
statement.
[[Page 29949]]
Specifically, at two locations the preamble text states that the
provision applies if the occurrence of a qualifying transaction is
``demonstrated to EPA's satisfaction'' and further states that the
relevant former owners and operators are identified by reference to
such demonstrations. See 86 FR at 23139, 23142. In fact, as adopted in
the final regulatory text, the provision applies whenever a qualifying
transaction has occurred, with no need for any specific demonstration.
Further, the relevant former owners and operators are identified by
reference to such transactions rather than by reference to any
demonstrations. In order to avoid any confusion that might be caused by
the incorrect references in the preamble to demonstrations, in this
document EPA is revising the preamble text to remove the incorrect
references.
No change is being made to the regulatory requirements adopted in
the final rule as already reflected in the regulatory text. This
correction applies only to the preamble text, and the purpose of the
correction is to make the preamble consistent with the existing
regulatory language. This change is not to the rule itself and thus
does not require the opportunity for notice and comment. Even if this
change were considered to be a rule, notice and comment would be
unnecessary because this is a minor technical correction that does not
substantively alter the regulation. See 5 U.S.C. 553(b)(B). This
correction will become effective along with the rule on June 29, 2021.
Correction of Publication
0
In rule document 2021-05705 at 86 FR 23054 in the Federal Register
issue of Friday, April 30, 2021, the following corrections are made:
1. On page 23139, in the third column, in lines 3-4, remove ``it is
demonstrated to EPA's satisfaction that'', and in lines 19-20, remove
``for which such a demonstration is not made'' and add in its place
``before any such transactions occurred''; and
2. On page 23142, in the first column, in lines 58-59, remove ``it
is demonstrated to EPA's satisfaction that'', and in the second column,
in lines 5-6, remove ``for which such a demonstration is not made'' and
add in its place ``before any such transactions occurred''.
Dated: May 27, 2021.
Joseph Goffman,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2021-11740 Filed 6-3-21; 8:45 am]
BILLING CODE 6560-50-P
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