[Federal Register Volume 66, Number 102 (Friday, May 25, 2001)]
[Rules and Regulations]
[Pages 28840-28841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13276]



[[Page 28840]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6967-5]
RIN 2060-AD94


National Emission Standards for Hazardous Air Pollutants From 
Petroleum Refineries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: Under the Clean Air Act (CAA), the EPA issued a final rule 
entitled, ``National Emission Standards for Hazardous Air Pollutants: 
Petroleum Refineries'' (Petroleum Refineries NESHAP) published in the 
Federal Register on August 18, 1995 (60 FR 43260). A subsequent direct 
final rule, published on June 12, 1996 (61 FR 29876) corrected errors 
and clarified regulatory text of the Petroleum Refineries NESHAP. This 
action will correct an error in the amendatory instructions of the 1996 
direct final rule amendments. Section 553 of the Administrative 
Procedure Act, 5 U.S.C. 553(b)(B), provides that, when an agency for 
good cause finds that notice and public procedure 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 there is good cause for making this 
technical correction without prior proposal and opportunity for comment 
because the changes to the rule are minor technical corrections, are 
noncontroversial in nature, and do not substantively change the 
requirements of the Petroleum Refineries NESHAP. Thus, notice and 
public procedure are unnecessary. The EPA finds that this constitutes 
good cause under 5 U.S.C. 553(b)(B).

EFFECTIVE DATE: May 25, 2001.

ADDRESSES: Docket No. A-93-48 contains the supporting information used 
in the development of this rulemaking. The docket is located at the 
U.S. EPA in room M-1500, Waterside Mall (ground floor), 401 M Street 
SW., Washington, DC 20460, and may be inspected from 8:30 a.m. to 5:30 
p.m., Monday through Friday, excluding legal holidays. A reasonable fee 
may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr. James Durham, Waste and Chemical 
Processes Group, Emission Standards Division (MD-13), Office of Air 
Quality Planning and Standards, U.S. EPA, Research Triangle Park, North 
Carolina 27711, telephone number: (919) 541-5672, facsimile number: 
(919) 541-0246, electronic mail address: [email protected].

SUPPLEMENTARY INFORMATION: Regulated Entities. The entities potentially 
affected by this technical correction include:

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                   Category                        SIC code          NAIC        Examples of regulated  entities
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Industry......................................            2911           32411  Petroleum Refineries.
Federal Government............................                                  Not Affected.
State/Local/Tribal Government.................                                  Not Affected.
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    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
technical correction. This table lists the types of entities that we 
are now aware could potentially be regulated by this technical 
correction. Other types of entities not listed in the table could also 
be regulated. To determine whether your facility, company, business, 
organization, etc., is regulated by this technical correction, you 
should carefully examine the applicability criteria in the rule. If you 
have questions regarding the applicability of this technical correction 
to a particular entity, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.
    World Wide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's technical correction will be available on 
the WWW through the Technology Transfer Network (TTN). Following 
signature, a copy of this technical correction will be posted on the 
TTN's policy and guidance page for newly proposed or promulgated rules 
http://www.epa.gov/ttn/oarpg. The TTN provides information and 
technology exchange in various areas of air pollution control. If more 
information regarding the TTN is needed, call the TTN HELP line at 
(919) 541-5384.

I. Background and Description of Correction

    On August 18, 1995, the EPA promulgated the Petroleum Refineries 
NESHAP (60 FR 43260). On June 12, 1996, the EPA published in the 
Federal Register correcting amendments to the promulgated rule (61 FR 
29876). Due to an error in the amendatory instructions in the 
correcting amendments, Sec. 63.640(b)(1) and (2) were inadvertently 
removed from 40 CFR part 63, subpart CC. This technical correction adds 
those paragraphs back into the regulatory text.

II. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
technical correction is not a ``significant regulatory action'' and is 
therefore not subject to review by the Office of Management and Budget 
(OMB). Because the EPA has made a ``good cause'' finding that this 
technical correction is not subject to notice and comment requirements 
under the Administrative Procedure Act or any other statute, it is not 
subject to the regulatory flexibility provisions of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202 and 205 of 
the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). In 
addition, this technical correction does not significantly or uniquely 
affect small governments or impose a significant intergovernmental 
mandate, as described in sections 203 and 204 of the UMRA. This 
technical correction also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13175 (65 FR 67249, November 6, 2000). This technical correction does 
not have substantial direct effects on the States, or on the 
relationship between the national government and the States, as 
specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This 
technical correction also is not subject to Executive Order 13045 (62 
FR 19885, April 23, 1997) because it is not economically significant.
    This technical correction action does not involve technical 
standards; thus, the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act (NTTAA) of 1995 (15 U.S.C. 272) 
do not apply. This technical correction also does not involve special 
consideration of environmental justice related issues as required by 
Executive Order 12898 (59 FR 7629, February 16, 1994). In issuing this 
technical correction, EPA has taken the necessary

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steps to eliminate drafting errors and ambiguity, minimize potential 
litigation, and provide a clear legal standard for affected conduct, as 
required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 
1996). The EPA has complied with Executive Order 12630 (53 FR 8859, 
March 15, 1988) by examining the takings implications of these rule 
amendments in accordance with the ``Attorney General's Supplemental 
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated 
Takings'' issued under the executive order. This technical correction 
does not impose an information collection burden under the provisions 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The 
EPA's compliance with these statutes and Executive Orders for the 
underlying rule is discussed in the Petroleum Refineries NESHAP.
    The Congressional Review Act (5 U.S.C. 801 et seq.), as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the 
Congressional Review Act if the agency makes a good cause finding that 
notice and public procedure is impracticable, unnecessary, or contrary 
to the public interest. This determination must be supported by a brief 
statement (5 U.S.C. 808(2)). As stated previously, the EPA has made 
such a good cause finding, including the reasons therefor, and 
established an effective date of May 25, 2001. The EPA will submit a 
report containing this rule and other required information to the U.S. 
Senate, the U.S. House of Representatives, and the Comptroller General 
of the United States prior to publication of the technical correction 
in the Federal Register. This technical correction is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: April 9, 2001.
Robert D. Brenner,
Acting Assistant Administrator for Air and Radiation.

    For the reasons stated in the preamble, title 40, chapter I, part 
63 of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

    1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart CC--[Amended]

    2. Section 63.640 is amended by revising paragraph (b) to read as 
follows:


Sec. 63.640  Applicability and designation of affected source.

* * * * *
    (b) * * *
    (1) If the predominant use of the flexible operation unit, as 
described in paragraphs (b)(1)(i) and (ii) of this section, is as a 
petroleum refining process unit, as defined in Sec. 63.641, then the 
flexible operation unit shall be subject to the provisions of this 
subpart.
    (i) Except as provided in paragraph (b)(1)(ii) of this section, the 
predominant use of the flexible operation unit shall be the use 
representing the greatest annual operating time.
    (ii) If the flexible operation unit is used as a petroleum refining 
process unit and for another purpose equally based on operating time, 
then the predominant use of the flexible operation unit shall be the 
use that produces the greatest annual production on a mass basis.
    (2) The determination of applicability of this subpart to petroleum 
refining process units that are designed and operated as flexible 
operation units shall be reported as specified in Sec. 63.654(h)(6)(i).
* * * * *
[FR Doc. 01-13276 Filed 5-24-01; 8:45 am]
BILLING CODE 6560-50-P