[Federal Register Volume 67, Number 21 (Thursday, January 31, 2002)]
[Rules and Regulations]
[Pages 4673-4674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2377]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[DC-T5-2001a; FRL-7136-3]


Clean Air Act Full Approval of Operating Permit Program; District 
of Columbia; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; correcting amendment.

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SUMMARY: This document corrects an error in the preamble language of a 
final rule pertaining to the full approval of the District of 
Columbia's title V operating permit program. EPA is hereby correcting a 
statement in the preamble to the final rule concerning its proposed 
interpretation of the term ``modifications'' under Title I of the Clean 
Air Act.

EFFECTIVE DATE: This correction is effective January 31, 2002.

FOR FURTHER INFORMATION CONTACT: Paresh R. Pandya, U.S. Environmental 
Protection Agency, Region III (3AP11), 1650 Arch Street, Philadelphia, 
PA 19103 at (215) 814-2167 or by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: Effective November 30, 2001, EPA promulgated 
a final rule granting full approval to the District of Columbia's title 
V operating permit program submitted to EPA under the Clean Air Act 
Amendments of 1990 and implementing regulations at 40 CFR part 70. The 
final rule was published in the Federal Register on December 4, 2001 
(66 FR 62954), and the proposed rule was published in the Federal 
Register on October 16, 2001 (66 FR 52561). EPA is hereby correcting a 
statement in the preamble to the final rule concerning EPA's most 
recent proposed interpretation of the term modifications under Title I 
of the Clean Air Act. The correction merely provides an accurate 
reference to EPA's most recent proposed interpretation of the term and 
neither the correction nor the initial statement is intended to have 
any effect on the Agency's final position on the December 4, 2001 
rulemaking action.
    In the preamble to the final rule, EPA responded to an adverse 
comment on the Proposed Rule which asserted that EPA could not grant 
the District's title V operating permit program full approval because 
the program excludes changes reviewed under minor new source review 
from the definition of Title I modifications. EPA included the 
following statement in the response: ``Although EPA believes that the 
better interpretation of `Title I modifications'' is to include changes 
reviewed under a minor source preconstruction review program, EPA does 
not believe it is appropriate to require the District to change the 
definition until EPA completes its rulemaking on this provision.'' The 
``interpretation of `Title I modifications' '' referred to in this 
statement is the one included in EPA's proposed interim approval of the 
District's title V operating permit program, which was published in the 
Federal Register on March 21, 1995 (60 FR 14921, 14922). The March 21, 
1995 notice in turn reflected the proposed interpretation of ``Title I 
modification'' contained in EPA's proposed revisions to 40 CFR part 70 
that were published in the Federal Register on August 29, 1994 (59 FR 
44460, 44463). However, EPA revised its proposed interpretation of 
``Title I modifications'' in the preamble to proposed revisions to 40 
CFR parts 70 and 71 that were published in the Federal Register on 
August 31, 1995 to exclude modifications under the minor new source 
review program in section 110(a)(2)(C) of the Clean Air Act. See 60 FR 
45530, 45545-45546 (explaining the rationale for the revised proposed 
interpretation). The December 4, 2001 response to the adverse comment 
on

[[Page 4674]]

``Title I modifications'' therefore did not accurately reflect EPA's 
current proposed interpretation of this term. Thus, the first part of 
the statement quoted above should not have been included. This action 
corrects the erroneous language in the preamble.

Correction

    In rule document No. 01-29967, beginning on page 62954, in the 
issue of December 4, 2001, make the following correction:
    On page 62956, third column, remove the last paragraph beginning 
with ``Response:'' and on page 62957, first column, remove the first 
two paragraphs, and replace them with the following text:
    ``Response: EPA, in its proposed interim approval, indicated that a 
revision of the 20 DCMR 399.1 Definition of Title I Modification or 
modification under any provision of Title I of the Act to include 
changes reviewed under minor new source review would be required only 
if EPA established such a definition through rulemaking. Because EPA 
has not issued any final rule specifying that the definition of a 
`Title I modification' must include changes subject to minor new source 
review, the District's current regulations remain consistent with 40 
CFR part 70. EPA does not believe it is appropriate to require the 
District to revise the definition until such time as EPA completes its 
rulemaking on this provision in a manner that requires a revision in 
the District's rules.
    Should EPA revise this definition in the future, the District will 
be required to revise its regulations as appropriate. As stated in 
EPA's proposed interim approval published on March 21, 1995 (60 FR 
14921, 14922), EPA did not identify the District's definition of `Title 
I modification or modification under any provision of Title I of the 
Act' as necessary grounds for either interim approval or disapproval. 
Accordingly, EPA has not identified the District's definition of this 
term to be a program deficiency.''
    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. We have determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment because we are merely correcting 
an incorrect citation in a previous action. Thus, notice and public 
procedure are unnecessary. We find that this constitutes good cause 
under 5 U.S.C. 553(b)(B).

Administrative Requirements

    Under Executive Order (E.O.) 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. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). Because 
the agency has made a ``good cause'' finding that this action is not 
subject to notice-and-comment requirements under the Administrative 
Procedures Act or any other statute as indicated in the Supplementary 
Information section above, 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) (Pub. L. 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 UMRA. This rule also does not have a substantial direct effect 
on one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes, as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor 
will it have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
governments, as specified by Executive Order 13132 (64 FR 43255, August 
10, 1999). This rule 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 of 1995 (15 U.S.C. 272 note) do 
not apply. The rule 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 rule, 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). EPA has complied with Executive Order 12630 
(53 FR 8859, March 15, 1998) by examining the takings implications of 
the rule 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 rule does not impose 
an information collection burden under the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq).
    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 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 had made such a good cause finding, including 
the reasons therefore, and established an effective date of November 
30, 2001. 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 correction to 
Rule Document No. 01-29967 for the District of Columbia is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

    Dated: January 24, 2002.
Thomas C. Voltaggio,
Acting Regional Administrator, EPA Region III.
[FR Doc. 02-2377 Filed 1-30-02; 8:45 am]
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