Rule2024-31226
Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act; 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
January 7, 2025
Effective
January 7, 2025
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 90 Issue 4 (Tuesday, January 7, 2025)</title>
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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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> 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 <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>.
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:
<a href="/cdn-cgi/l/email-protection#f69d93989893928fd89c999e98b6938697d8919980"><span class="__cf_email__" data-cfemail="d4bfb1babab1b0adfabebbbcba94b1a4b5fab3bba2">[email protected]</span></a>.
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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