[Federal Register Volume 62, Number 15 (Thursday, January 23, 1997)]
[Rules and Regulations]
[Pages 3463-3464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1641]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 76

[FRL-5678-1]
RIN 2060-AF48


Acid Rain Program; Nitrogen Oxides Emissions Reduction Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: On December 19, 1996, the Environmental Protection Agency 
(EPA) promulgated emission limitations for the second phase of the 
Nitrogen Oxides Reduction Program under Title IV of the Clean Air Act. 
These emission limitations will reduce the serious adverse effects of 
NOX emissions on human health, visibility, ecosystems, and 
materials. This action corrects the effective date and other 
inadvertent

[[Page 3464]]

typographical and administrative errors in the December 19, 1996 final 
rule. The effective date of the December 19, 1996 rule is corrected 
from December 19, 1996 to February 17, 1997.

EFFECTIVE DATE: The effective date of the December 19, 1996 rule (61 FR 
6711) is corrected from December 19, 1996 to February 17, 1997. The 
remaining corrections in this action are effective February 17, 1997.

FOR FURTHER INFORMATION CONTACT: Peter Tsirigotis, Source Assessment 
Branch, Acid Rain Division (6204J), U.S. Environmental Protection 
Agency, 401 M Street S.W., Washington, DC 20460 (for technical matters) 
(202-233-9620); or Dwight C. Alpern (same address) (for legal matters) 
(202-233-9151).

SUPPLEMENTARY INFORMATION: On December 19, 1996 (61 FR 6711), EPA 
promulgated emission limitations for the second phase of the Nitrogen 
Oxides Reduction Program under Title IV of the Clean Air Act. 
Subsequent to publication of the December 19, 1996 rule, EPA identified 
several inadvertent typographical and administrative errors in the 
December 19, 1996 document. Today's action corrects those errors.
    The December 19, 1996 document incorrectly stated that the 
effective date of the rule would be the date of publication. As stated 
elsewhere in the preamble of December 19, 1996 rule, EPA submitted the 
rule to the U.S. Senate, the U.S. House of Representatives, and the 
Comptroller of the General Accounting Office under 5 U.S.C. 
801(a)(1)(A), as added by the Small Business Regulatory Enforcement 
Fairness Act of 1996 (SBREFA). The effective date is being revised to 
February 17, 1997, which is 60 days after the December 19, 1996 
publication date, as required by SBREFA.
    The several other corrections made by today's action involve 
correcting the amendatory instructions in the December 19, 1996 rule. 
For example, the amendatory instruction adding defined terms to the 
definitions section (Sec. 76.2) included terms for which no definitions 
were actually provided or intended to be provided. The incorrectly 
listed terms are removed from the amendatory instructions.
    The remaining corrections involve typographical or similar errors 
in the rule language itself. For example, the rule provisions 
establishing cutoffs for application of the emission limitations for 
cyclone and wet bottom boilers expressed the cutoffs in terms of 
Maximum Continuous Steam Flow at 100% of Load in lb/hr but the term, 
``Maximum Continuous Steam Flow at 100% Load'', is defined as being 
expressed in thousands of lb/hr. The rule provisions are corrected to 
express the cutoffs in thousands of lb/hr.
    Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), this 
action is not a ``significant regulatory action'' and is therefore not 
subject to review by the Office of Management and Budget. In addition, 
this action does not impose annual costs of $100 million or more, will 
not significantly or uniquely affect small governments, and is not a 
significant federal intergovernmental mandate. With regard to this 
action, the Agency thus has no obligations under sections 202, 203, 
204, and 205 of the Unfunded Mandates Reform Act of 1995 (P.L. 104-4). 
Moreover, since this action is not subject to notice-and-comment 
requirements under the Administrative Procedure Act or any other 
statute, the action is not subject to the provisions of the Regulatory 
Flexibility Act (5 U.S.C. 601, et seq.).
    Under 5 U.S.C. 801(a)(1)(A) as added by SBREFA, EPA submitted a 
report containing this document and any other required information to 
the U.S. Senate, the U.S. House of Representatives, and the Comptroller 
General of the General Accounting Office prior to publication of this 
document in today's Federal Register. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).

    Dated: January 13, 1997.
Mary D. Nichols,
Assistant Administrator for Air and Radiation.

    Accordingly, for the reasons set out above, the publication on 
December 19, 1996 of the final rule at 61 FR 67112 is corrected as 
follows:
    1. On page 67112, in the first column, the EFFECTIVE DATE is 
corrected to read ``February 17, 1997''.
    2. On page 67162, in the first and second columns, the amendatory 
instruction 2 is corrected to read ``Section 76.2 is amended by 
revising the definitions of `coal-fired utility unit' and `wet bottom' 
and adding, in alphabetical order, definitions for `arch-fired boiler', 
`combustion controls', `Maximum Continuous Steam Flow at 100% of Load', 
`non-plug-in combustion controls', `plug-in combustion controls', and 
`vertically fired boiler', to read as follows:''.


Sec. 76.5  [Corrected]

    3. On page 67162, in the third column, the amendatory instruction 3 
is corrected to read ``Section 76.5 is amended by removing paragraph 
(g).''.


Sec. 76.6  [Corrected]

    4. On page 67163, in the first column, Sec. 76.6(a)(2), line 5 is 
corrected to read ``1060, in thousands of lb/hr. The NOX emission 
control''.
    5. On page 67163, in the first column, Sec. 76.6(a)(3), line 5 is 
corrected to read ``than 450, in thousands of lb/hr. The NOX 
emission''.
    6. On page 67163, in the first column, Sec. 76.6(b), line 5 is 
corrected to end with the words ``part 75 of this chapter.''. The 
remainder of the line becomes the first line of the amendatory 
instruction 5.


Sec. 76.16  [Corrected]

    7. On page 67163, in the third column, Sec. 76.16(c)(1), line 2 is 
corrected to read ``draft decision on:''.

Appendix B to Part 76 [Corrected]

    8. On page 67164, in the third column, the amendatory instruction 
9, line 9 is corrected to read ``effectiveness in each place that the 
words appear and adding, in their'' and the amendatory instruction 9, 
line 20 is corrected to read ``the heading of section 2 and the''.

[FR Doc. 97-1641 Filed 1-22-97; 8:45 am]
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