[Federal Register Volume 62, Number 243 (Thursday, December 18, 1997)]
[Rules and Regulations]
[Pages 66278-66279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32927]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9, 72, 73, 74, 75, 77, and 78

[FRL-5936-3]
RIN 2060-AF43


Acid Rain Program: Revisions to Permits, Allowance System, Sulfur 
Dioxide Opt-Ins, Continuous Emission Monitoring, Excess Emissions, and 
Appeal Procedures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: Title IV of the Clean Air Act authorizes the Environmental 
Protection Agency (EPA or the Agency) to establish the Acid Rain 
Program. The purposes of the Acid Rain Program is to significantly 
reduce emissions of sulfur dioxides and nitrogen oxides from utility 
electric generating plants in order to reduce the adverse health and 
ecological impacts of acidic deposition (or acid rain) resulting from 
such emissions. On January 11 and March 23, 1993, the Agency 
promulgated final rules governing permitting, the allowance system, 
continuous emissions monitoring, excess emissions, and appeal 
procedures. On October 24, 1997, EPA published final revisions to those 
rules. This action corrects certain inadvertent, drafting errors in the 
October 24, 1997 document.

EFFECTIVE DATE: December 18, 1997.

FOR FURTHER INFORMATION CONTACT: Dwight C. Alpern, attorney-advisor, at 
(202) 564-9151 (U.S. Environmental Protection Agency, 401 M Street, SW, 
Acid Rain Division (6204J), Washington DC 20460); or the Acid Rain 
Hotline at (202) 564-9620.

SUPPLEMENTARY INFORMATION: On October 24, 1997 (62 FR 55460 (1997)), 
EPA promulgated final revisions to the permits, allowance system, 
sulfur dioxide opt-ins, continuous emission monitoring, excess 
emissions, and appeal procedures rules. Subsequently, EPA identified 
certain inadvertent, drafting errors in the October 24, 1997 document. 
While the errors may cause some confusion, they do not alter the 
substance of the rule revisions. Today's action corrects those errors.
    The October 24, 1997 final rule, EPA revised the procedures for 
fast-track modifications of Acid Rain permits. In particular, 
Sec. 72.82(d) was revised to provide State permitting authorities 90 
days after the close of the 30-day comment period (or a total of 120 
days) for acting on a requested fast-track modification. 62 FR 55485; 
see also 61 FR 68340, 68377 (1996) (proposed rule revisions). The 
October 24, 1997 preamble erroneously stated that proposed rule 
revisions (promulgated on December 27, 1996) and the final rule 
revisions gave State permitting authorities only 60 days after the 
comment period (or a total of 90 days). Today's action corrects the 
preamble language to make it consistent with the rule language.
    The other corrections made by today's action involve minor 
corrections to ensure that revised language for certain rule provisions 
is correctly incorporated into those provisions. For example, the 
October 24, 1997 document removed certain words in Sec. 78.4(c)(1) and 
replaced them with new language. In so doing, the October 24, 1997 
document failed to state all of the words that are to be removed. This 
is corrected by today's action.
    For the reasons discussed above, this action is not a ``significant 
regulatory action'' and is therefore not subject to review by the 
Office of Management and Budget under Executive Order 12866 (58 FR 
51735 (1993)). For the same reasons, 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 (Pub. 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

[[Page 66279]]

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 the Small Business 
Regulatory Enforcement Fairness Act of 1996, 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 in 5 U.S.C. 804(2).

    Dated: December 9, 1997.
Richard D. Wilson,
Acting Assistant Administrator for Air and Radiation.

    Accordingly, for the reasons set out above, the publication on 
October 24, 1997 of the final rule at 62 FR 55460 is corrected as 
follows:
    1. On page 55470, first column, lines 45-47, the words ``a 90-day 
period (i.e., the 30-day comment period and 60 days after the end of 
the period)'' are removed and replaced by the words ``a 120-day period 
(i.e., the 30-day comment period and 90 days after the end of the 
period)''.

PART 72--[CORRECTED]


Sec. 72.8  [Corrected]

    2. On page 55477, third column, Sec. 72.8(b)(2), line 4, the words 
``which that the unit'' are removed and replaced by the words ``which 
the unit''.

PART 77--[CORRECTED]


Sec. 77.4  [Corrected]

    3. On page 55487, second column, amendatory instruction 49, line 4, 
the words ``and removing paragraph (g)(2)(i)(D)'' are added after the 
words ``(k)(2)''.

PART 78--[CORRECTED]


Sec. 78.4  [Corrected]

    4. On page 55488, second column, amendatory instruction 54, line 
11, the word ``shown'' is added after the words ``based on good 
cause''.

[FR Doc. 97-32927 Filed 12-17-97; 8:45 am]
BILLING CODE 6560-50-P