Rule2022-10842
National Emission Standards for Hazardous Air Pollutants: General Provisions; Technical 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
May 23, 2022
Effective
May 23, 2022
Issuing agencies
Environmental Protection Agency
Abstract
In this action, the U.S. Environmental Protection Agency (EPA) is making technical corrections to the general provisions of the National Emission Standards for Hazardous Air Pollutants (NESHAP). Specifically, on November 19, 2021, EPA finalized changes to the NESHAPs for Refractory Products Manufacturing, Carbon Black Production (major sources), Cyanide Chemicals Manufacturing, and Carbon Black Production Area Sources and, also amended the general provisions. Following signature, the EPA discovered inadvertent minor errors in the ordering of the standards and methods that were being incorporated by reference in these rules. The Office of the Federal Register (OFR) was unable to complete the amendatory instructions, resulting in regulatory text intended for the general provisions to be omitted.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 99 (Monday, May 23, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 99 (Monday, May 23, 2022)]
[Rules and Regulations]
[Pages 31185-31186]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10842]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2020-0148; FRL-7527-02-OAR, EPA-HQ-OAR-2020-0505; FRL-7523-
03-OAR, EPA-HQ-OAR-2020-0532; FRL-7523-03-OAR, FRL-9751-01-OAR]
RIN 2060-AU67, 2060-AU66
National Emission Standards for Hazardous Air Pollutants: General
Provisions; Technical Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical correction.
-----------------------------------------------------------------------
SUMMARY: In this action, the U.S. Environmental Protection Agency (EPA)
is making technical corrections to the general provisions of the
National Emission Standards for Hazardous Air Pollutants (NESHAP).
Specifically, on November 19, 2021, EPA finalized changes to the
NESHAPs for Refractory Products Manufacturing, Carbon Black Production
(major sources), Cyanide Chemicals Manufacturing, and Carbon Black
Production Area Sources and, also amended the general provisions.
Following signature, the EPA discovered inadvertent minor errors in the
ordering of the standards and methods that were being incorporated by
reference in these rules. The Office of the Federal Register (OFR) was
unable to complete the amendatory instructions, resulting in regulatory
text intended for the general provisions to be omitted.
DATES: This technical correction is effective on May 23, 2022. The
incorporation by reference (IBR) of certain publications listed in the
rule was approved by the Director of the Federal Register as of
November 19, 2021.
FOR FURTHER INFORMATION CONTACT: For questions about this final action,
contact Mr. Muntasir Ali, Sector Policies and Programs Division (D243-
05), Office of Air Quality Planning and Standards, U.S. Environmental
Protection Agency, Research Triangle Park, North Carolina 27711;
telephone number: (919) 541-0833; and email address:
<a href="/cdn-cgi/l/email-protection#e3828f8acd8e968d9782908a91a3869382cd848c95"><span class="__cf_email__" data-cfemail="7f1e131651120a110b1e0c160d3f1a0f1e51181009">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Summary of This Action
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 procedures are impracticable, unnecessary, or
contrary to the public interest, the agency may issue a rule without
providing notice and an opportunity for public comment. The EPA has
determined that for this action, there is good cause for making these
technical corrections final without a prior proposal and the
opportunity for comment because the Agency is correcting minor errors
that do not substantially change the Agency's action taken in each of
the three final rules discussed. These technical corrections will
ensure that the regulatory text agrees with the description of the rule
that the EPA provided in the final rule preamble for each of the three
rules discussed in this action. Thus, notice and comment public
procedures are unnecessary. The Agency finds that this constitutes a
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.
On the November 19, 2021, the EPA finalized amendments to multiple
NESHAPs. The first rule finalized the Refractory Products Manufacturing
Residual Risk and Technology Review (86 FR 66045). The second rule
finalized the Carbon Black Production (major sources) and Cyanide
Chemical Manufacturing Residual Risk and Technology Reviews and the
Carbon Black Production Area Source Technology Review (86 FR 66096).
Both actions incorporated by reference three different test methods:
ASTM D4282-15, Standard Test Method for Determination of Free Cyanide
in Water and Wastewater by Microdiffusion, approved July 15, 2015; ASTM
D6784-16; Standard Test Method for Elemental, Oxidized, Particle-Bound
and Total Mercury in Flue Gas Generated from Coal-Fired Stationary
Sources (Ontario Hydro Method), approved March 1, 2016; and ASTM D7237-
18, Standard Test Method for Free Cyanide and Aquatic Free Cyanide with
Flow Injection Analysis (FIA) Utilizing Gas Diffusion Separation and
Amperometric Detection, approved December 1, 2018. This was the first
time these test methods were incorporated by reference under the Code
of Federal Regulations (CFR). Because the methods were incorporated by
reference for the first time and the final rules published on the same
date, there was an error in alphanumerically ordering the test methods
in 40 CFR 63.14. The ordering and instructions of the standards in the
centralized IBR section were incorrect. Thus, the redesignations and
additions of the standards were unable to be published in the CFR.
Therefore, the EPA finds good cause to make the correction in this
direct final action.
II. Summary of Cost, Environmental, and Economic Impacts
This action will have no cost, environmental, energy, or economic
impacts beyond those impacts presented in the NESHAPs for Refractory
Products Manufacturing Residual Risk and Technology Review (86 FR
66045), Carbon Black Production (major sources) and Cyanide Chemicals
Manufacturing Residual Risk and Technology Reviews and Carbon Black
Production Area Source Technology Review (86 FR 66096) published on
November 19, 2021. These technical corrections are cost neutral.
[[Page 31186]]
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practices and procedures,
Air pollution control, Hazardous substances, Incorporation by
reference.
Joseph Goffman,
Acting Assistant Administrator, Office of Air and Radiation.
For the reasons set out in the preamble, 40 CFR part 63 is
corrected 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. Section 63.14 is amended by:
0
a. Redesignating paragraphs (h)(105) through (116) as (h)(108) through
(119);
0
b. Redesignating paragraphs (h)(103) and (104) as (h)(105) and (106),
respectively;
0
c. Redesignating paragraphs (h)(63) through (102) as (h)(64) through
(103); and
0
d. Adding new paragraphs (h)(63), (104), and (107).
Sec. 63.14 Incorporations by reference.
* * * * *
(h) * * *
(63) ASTM D4282-15, Standard Test Method for Determination of Free
Cyanide in Water and Wastewater by Microdiffusion, Approved July 15,
2015, IBR approved for Sec. 63.1103(g).
* * * * *
(104) ASTM D6784-16, Standard Test Method for Elemental, Oxidized,
Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired
Stationary Sources (Ontario Hydro Method), Approved March 1, 2016, IBR
approved for table 4 to subpart SSSSS.
* * * * *
(107) ASTM D7237-18, Standard Test Method for Free Cyanide and
Aquatic Free Cyanide with Flow Injection Analysis (FIA) Utilizing Gas
Diffusion Separation and Amperometric Detection, Approved December 1,
2018, IBR approved for Sec. 63.1103(g).
* * * * *
[FR Doc. 2022-10842 Filed 5-20-22; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 23, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.