[Federal Register Volume 66, Number 188 (Thursday, September 27, 2001)]
[Rules and Regulations]
[Pages 49299-49300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24210]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-7067-9]
RIN 2060-AG91


National Emission Standards for Hazardous Air Pollutants From 
Natural Gas Transmission and Storage Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: On June 17, 1999, we issued the national emission standards 
for hazardous air pollutants from oil and natural gas production 
facilities and the national emission standards for hazardous air 
pollutants from natural gas transmission and storage facilities (64 FR 
32610). On June 29, 2001, we issued technical corrections to clarify 
intent and correct errors in these national emission standards for 
hazardous air pollutants (NESHAP) (66 FR 34548). This action corrects 
an error in the June 29, 2001 technical corrections for the Natural Gas 
Transmission and Storage Facilities NESHAP. This technical correction 
does not change the level of health protection or the basic control 
requirements of the Natural Gas Transmission and Storage Facilities 
NESHAP, which requires new and existing major sources to control 
emissions of hazardous air pollutants (HAP) to the level reflecting 
application of the maximum achievable control technology.
    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 impractible, unnecessary, or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. We have determined that 
there is good cause for making this error correction without prior 
proposal and opportunity for comment because the change to the rule is 
a minor technical correction, is noncontroversial in nature, and does 
not substantively change the requirements of the natural gas 
transmission and storage facilities NESHAP. Thus, notice and public 
procedure are unnessary. We find that this constitutes good cause under 
5 U.S.C. 553(b)(5).

EFFECTIVE DATE: September 27, 2001.

ADDRESSEES: Docket No. A-94-04 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. Greg Nizich, Waste and Chemical 
Processes Group, Emission Standards Division(MD-13), U.S. EPA, Research 
Triangle Park, North Carolina 27711, telephone number: (919) 541-3078, 
facsimile: (919) 541-0246, electronic mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: Regulated entities. Entities that will 
potentially be affected by this correction are those that store or 
transport natural gas and are major sources of HAP as defined in 
section 112 of the Clean Air Act. The regulated categories and entities 
include:

------------------------------------------------------------------------
                Category                 Examples of regulated  entities
------------------------------------------------------------------------
Industry...............................  Glycol dehydration units and
                                          natural gas transmission and
                                          storage facilities.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that we are now aware 
could potentially be regulated by this action. 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 action, you should carefully examine the applicability criteria in 
Sec. 63.1270 of the natural gas transmission and storage facilities 
NESHAP. If you have questions regarding the applicability of this 
action to a particular entity, consult the person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.
    World Wide Web (WWW). The text of today's document will also be 
available on the WWW through the Technology Transfer Network (TTN). 
Following signature, a copy of this action will be

[[Page 49300]]

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. Correction

    Today's action consists of one error correction to the natural gas 
transmission and storage facilities NESHAP technical corrections notice 
that was published on June 29, 2001 (66 FR 34548). This error 
correction is minor in nature and noncontroversial.
    This correction is being made to reinstate a portion of the first 
sentence in Sec. 63.1270(a) that was mistakenly deleted during the 
editing process for the June 29, 2001 technical corrections. 
Reinstatement of this language will make it clear that the natural gas 
transmission and storage facilities NESHAP only applies to natural gas 
transmission and storage facilities that are major sources of HAP, and 
that transmission and storage systems are subject to the rule up to a 
final end user only when a local distribution company is not present.

II. Administrative Requirements

    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 (OMB). Because 
the EPA has made a ``good cause'' finding that this action 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 action 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 action 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 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 this rule correction 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 June 17, 1999 Federal Register document containing the 
Oil and Natural Gas Production final rule and Natural Gas Transmission 
and Storage final rule (64 FR 32610).
    This technical correction is not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it 
is not a significant regulatory action under Executive Order 12866.
    The Congressional Review Act (CRA) (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 CRA 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, EPA has made such a good cause finding, including 
the reasons therefor, and established an effective date of September 
27, 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 rule in the Federal Register. This action is not 
a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects for 40 CFR Part 63

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

    Dated: September 19, 2001.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.

    For the reasons set out 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 HHH--[Amended]

    2. Section 63.1270 is amended by revising the first sentence of 
paragraph (a) introductory text to read as follows:


Sec. 63.1270  Applicability and designation of affected source.

    (a) This subpart applies to owners and operators of natural gas 
transmission and storage facilities that transport or store natural gas 
prior to entering the pipeline to a local distribution company or to a 
final end user (if there is no local distribution company), and that 
are major sources of hazardous air pollutants (HAP) emissions as 
defined in Sec. 63.1271. * * *
* * * * *
[FR Doc. 01-24210 Filed 9-26-01; 8:45 am]
BILLING CODE 6560-50-P