[Federal Register Volume 67, Number 36 (Friday, February 22, 2002)]
[Rules and Regulations]
[Pages 8202-8204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4301]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-7148-7]
RIN 2060-AE34
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 (NESHAP) from Oil and Natural Gas
Production Facilities and the national emission standards for hazardous
air pollutants from Natural Gas Transmission and Storage Facilities
(Oil and Gas NESHAP). On June 29, 2001, we issued technical corrections
to clarify intent and correct errors in the Oil and Gas NESHAP. This
technical correction will correct an error that was made in the
technical correction for the Natural Gas Transmission and Storage
Facilities NESHAP and will not change the level of health protection
the Natural Gas Transmission and Storage Facilities NESHAP provide or
the basic control requirements of the Natural Gas Transmission and
Storage Facilities NESHAP. The NESHAP require 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: February 22, 2002.
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.,
[[Page 8203]]
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(C439-03), 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:
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Examples of regulated
Category entities
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Industry.................................. Glycol dehydration units and
natural gas transmission
and storage facilities.
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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 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 that
were published on June 29, 2001 (66 FR 34548). This error correction is
minor in nature and noncontroversial. We have deleted a subparagraph
that was intended to have been deleted from the applicability section
of the Natural Gas Transmission and Storage Facilities NESHAP.
The correction in today's action is being made to remove
subparagraph Sec. 63.1270(a)(1)(iv) that mistakenly remained in the
June 29, 2001 technical corrections. In that action a single equation
was added to simplify a four-step process to calculate natural gas
throughput. The deletion of this subparagraph will avoid confusion and
make it clear that only the single equation added in the June 29, 2001
action is used in determining natural gas throughput.
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 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 amendment 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 (64 FR 32610) Federal Register
publication containing the Oil and Natural Gas Production final rule
and Natural Gas Transmission and Storage final rule.
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 February 22,
2002. 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,
[[Page 8204]]
Reporting and recordkeeping requirements.
Dated: February 14, 2002.
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 removing paragraph (a)(1)(iv).
[FR Doc. 02-4301 Filed 2-21-02; 8:45 am]
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