[Federal Register Volume 70, Number 108 (Tuesday, June 7, 2005)]
[Rules and Regulations]
[Pages 33000-33002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11273]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2002-0056; FRL-7921-5]
RIN 2060-AM96


Revision of December 2000 Regulatory Finding on the Emissions of 
Hazardous Air Pollutants From Electric Utility Steam Generating Units 
and the Removal of Coal- and Oil-Fired Electric Utility Steam 
Generating Units From the Section 112(c) List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: This action corrects and clarifies certain text of the final 
rule entitled ``Revision of December 2000 Regulatory Finding on the 
Emissions of Hazardous Air Pollutants from Electric Utility Steam 
Generating Units and the Removal of Coal- and Oil-Fired Electric 
Utility Steam Generating Units From the Section 112(c) List.'' The 
final rule was published in the Federal Register on March 29, 2005 (70 
FR 15994) and contains two discrete regulatory actions: The reversal of 
the December 2000 finding based on EPA's conclusion that it is neither 
appropriate nor necessary to regulate coal- and oil-fired electric 
utility steam generating units (Utility Units) under section 112 of the 
Clean Air Act (CAA); and the removal of coal- and oil-fired Utility 
Units from the CAA section 112(c) list.
    This document corrects certain explanatory text in the final rule 
published at 70 FR 15993. These corrections do not affect the substance 
of the two above-noted regulatory actions, nor do they change the 
rights or obligations of any party. Rather, this notice merely corrects 
certain explanatory text in support of EPA's actions. Thus, it is 
proper to issue this notice of final rule corrections without notice 
and comment. Section 553 of the Administrative Procedure Act (APA), 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 action final 
without prior proposal and opportunity for comment because the changes 
to the rule are minor technical corrections, are noncontroversial, and 
do not substantively change the agency actions taken in the final rule. 
Thus, notice and public procedure are unnecessary. We find that this 
constitutes good cause under 5 U.S.C. 553(b)(B).

DATES: Effective Date: June 7, 2005.

FOR FURTHER INFORMATION CONTACT: Ms. Carol Holmes, OGC Attorney, Office 
of General Counsel, EPA, (AR-2344), Washington, DC 20460, telephone 
number: (202) 564-8709; fax number: (202) 564-5603; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On March 15, 2005 (70 FR 15994), EPA issued a final rule in which 
EPA revised the regulatory finding issued on December 15, 2000, 
pursuant to CAA section 112(n)(1)(A), and concluded that it is neither 
appropriate nor necessary to regulate coal- and oil-fired Utility Units 
under CAA section 112. Based on this

[[Page 33001]]

revised finding, EPA removed coal- and oil-fired Utility Units from the 
CAA section 112(c) list.

II. Correction to Regulatory Finding Final Rule (70 FR 15994-16035)

    This notice corrects certain explanatory text, which is the text in 
the final rule that supports the two above-noted regulatory actions. 
The corrections can be categorized generally as follows: (a) Insertion 
of citations inadvertently omitted from the text; (b) correction of 
typographical errors; (c) clarification of confusing explanatory text; 
and (d) correction of incorrect factual statements.
    Below, we identify each technical correction to the explanatory 
text at 70 FR 15994-16035 and provide a brief explanation for the 
corrections. Specifically, 70 FR 15994-16035 is corrected, as follows:
    (1) On page 16012, column 1, in the second full paragraph, after 
the second sentence, add the following citation: See Centers for 
Disease Control, Blood Mercury Levels in Young Children and 
Childbearing-Aged Women--United States, 1999-2002, MMWR Morb Mortal 
Wkly Rep. 2004 Nov 5; 53(43):1018-1020. http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5343a5.htm.
    We are adding the above citation because the explanatory text on 
page 16012 of the final rule summarizes the Center for Disease Control 
report, but inadvertently fails to include the citation to that report.
    (2) On page 16024, column 3, in the second full paragraph, after 
the second sentence, add the following: http://www.epa.gov/ttn/atw/nata/gloss1.html#hazardquotient.
    This revision adds an inadvertently omitted citation for the text 
quoted in the noted paragraph.
    (3) On page 16012, column 1, in the second full paragraph, change 
the fourth sentence to read as follows:
    ``The analysis of the first 1,500 of these women, which was based 
on 1999-2000 data, showed that Hg blood levels were higher in the women 
who reported eating three or more servings of fish in the month before 
they were tested.''
    We are revising this sentence because the original sentence in the 
preamble is confusing as to the number of women studied and the years 
of data examined in the study. This revision clarifies that the 
analysis of 1,500 women concerned only the first part of a larger study 
of 3,600 women and was based on 1999-2000 data.
    (4) On page 16024, column 1, in the first full paragraph, in the 
second sentence, insert the phrase ``having utility-attributable 
exposures'' before the word ``exceeding.''
    This clarification is necessary to make clear that the statement is 
limited to utility-attributable mercury exposures. As noted throughout 
the March 29, 2005 final rule, EPA's analysis pursuant to CAA section 
112(n)(1)(A) focused on utility-attributable mercury exposures. (See 70 
FR 15998, 16022.)
    (5) On page 16024, column 3, in the last paragraph that begins on 
that page, in the second sentence, add the phrase ``to utility-
attributable methylmercury'' before the word ``above.''
    This clarification is necessary to make clear that the statement is 
limited to utility-attributable mercury exposures. See explanation 
provided in item 4 above.
    (6) At the following locations, delete the word ``anglers'' or 
``angler'' and insert in lieu thereof ``fishers'' or ``fisher'' 
respectively:
    (i) On page 16012, column 1, in the last paragraph, in the first 
sentence;
    (ii) On page 16022, column 1, in the first full paragraph, in the 
last sentence;
    (iii) On page 16023, column 3, in the second full paragraph, in 
both places;
    (iv) On page 16024, column 1, in the carryover paragraph from page 
16023, in the second full sentence;
    (v) On page 16024, in the first full paragraph, in all three places 
that it appears;
    (vi) On page 16024, column 2, in the first full paragraph, in the 
last sentence;
    (vii) On page 16024, column 2, in the second full paragraph, in the 
first sentence; and
    (viii) On page 16024, column 3, in the last paragraph that begins 
on that page, in the second sentence.
    The term ``fishers'' is appropriate because it includes anglers, 
who are individuals who catch fish with a pole or rod, as well as 
persons who catch fish in other ways. Our conclusions in the final rule 
were based on information concerning fishers, not anglers; thus, all 
references to ``anglers'' or ``angler'' should be to ``fishers'' or 
``fisher,'' respectively.
    (7) On page 16022, column 3, in the carryover paragraph from column 
2, delete the number ``292.8'' and insert in lieu thereof the number 
``394.''
    The sentence at issue here summarizes a study by the Great Lakes 
Indian Fish and Wildlife Commission. The sentence incorrectly 
summarizes one of the figures cited in that study. The above-noted 
change rectifies this inadvertent error and correctly reflects the 
number in the study.
    (8) On page 16023, column 3, in the carryover paragraph from column 
2, in the first full sentence, delete the word ``commercial'' and 
insert in lieu thereof ``marine.''
    This revision corrects the erroneous use in this sentence of the 
term ``commercial'--which refers to purchased marine, freshwater, and 
estuarine fish--by replacing it with the term ``marine,'' which refers 
to ocean fish, whether commercially obtained or self-caught. The water 
quality criterion discussed in this paragraph was based on possible 
exposure to methylmercury through the consumption of marine, not 
commercial, fish, as described in more detail on page 16014, column 3, 
in the second full paragraph.
    (9) On page 16023, column 3, in the second full paragraph, in the 
second sentence, insert the phrase ``at or'' before the word ``below'' 
in both places.
    This revision corrects an arithmetic error.
    (10) On page 16024, column 2, in the second full paragraph, in the 
second sentence, delete the number ``293'' and insert in lieu thereof 
the number ``394.''
    This revision corrects an error in the summary of the public 
comments to accurately reflect the data provided by the commenters.
    (11) On page 15999, footnote 14, in the second sentence, insert the 
word ``not'' before the word ``adequate'' The corrected sentence should 
read: ``Section 112(m)(6) also requires EPA to promulgate additional 
regulations setting emission standards or control requirements, ``in 
accordance with'' section 112 and under the authority of section 
112(m)(6), if EPA determines that the other provisions of section 112 
are not adequate, and such regulations are appropriate and necessary to 
prevent serious adverse public health and environmental effects.''
    This change corrects a typographical error. The word ``not'' was 
inadvertently omitted from the sentence and without that term, the 
sentence improperly summarizes CAA section 112(m)(6), which requires 
EPA to first determine if the other provisions of CAA section 112 are 
``adequate to prevent serious adverse effects to public health and 
serious or widespread environmental effects,'' and then make an 
assessment based on that determination whether additional standards or 
control requirements are ``necessary and appropriate.'' (42 U.S.C. 
7412(m)(6).''
    (12) On page 16009, renumber sections ``3.'' and ``4.'' as sections 
``2.'' and ``3.,'' respectively.
    This revision corrects a typographical error, as the sections were 
improperly numbered.
    (13) On page 16010, renumber section ``C.'' as section ``B.''

[[Page 33002]]

    See explanation provided in item 12, above.
    (14) On page 16021, renumber section ``5.'' as section ``3.''
    See explanation provided in item 12, above.
    (15) On page 16024, column 2, last paragraph, first sentence, 
delete the reference ``VII.B.,'' and insert in lieu thereof the 
reference ``VI.B.''
    This correction accurately cites the appropriate cross-reference.
    (16) On page 16026, column 2, first full paragraph, delete the 
references ``VII.D.'' and ``VII.E.,'' and insert in lieu thereof the 
references ``VI.D.'' and ``VI.E.,'' respectively.
    See explanation provided in item 15, above.
    (17) On page 16027, column 3, first full paragraph, delete the 
reference ``VII.E.,'' and insert in lieu thereof the reference 
``VI.E.''
    See explanation provided in item 15, above.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866, Regulatory Planning and Review (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). This action is not a ``major rule'' as 
defined by 5 U.S.C. 804(2). The technical corrections do not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    Because EPA has made a ``good cause'' finding that this action is 
not subject to notice and comment requirements under the APA 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.
    The corrections do not have substantial direct effects on the 
States, or on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132, 
Federalism (64 FR 43255, August 10, 1999).
    Today's action also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments (65 
FR 67249, November 9, 2000). The technical corrections also are not 
subject to Executive Order 13045, Protection of Children from 
Environmental Health and Safety Risks (62 FR 19885, April 23, 1997) 
because this action is not economically significant.
    The corrections are not subject to Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (66 FR 28355, May 22, 2001) because this action is 
not a significant regulatory action under Executive Order 12866.
    The corrections do not involve changes to the technical standards 
related to test methods or monitoring methods; 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.
    The corrections also do not involve special consideration of 
environmental justice-related issues as required by Executive Order 
12898, Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 
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 U.S. The EPA will submit a report containing this final 
action and other required information to the U.S. Senate, the U.S. 
House of Representatives, and the Comptroller General of the U.S. prior 
to publication of today's action in the Federal Register. Today's 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). The final 
rule will be effective on June 7, 2005.
    The EPA's compliance with the above statutes and Executive Orders 
for the underlying rule is discussed in the March 29, 2005 Federal 
Register notice containing ``EPA's revision to the December 2000 
Regulatory Finding on the Emissions of Hazardous Air Pollutants from 
Electric Utility Steam Generating Units and the Removal of Coal- and 
Oil-Fired Electric Utility Steam Generating Units From the Section 
112(c) List'' (70 FR 15994).

    Dated: June 1, 2005.
Jeffrey R. Holmstead,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 05-11273 Filed 6-6-05; 8:45 am]
BILLING CODE 6560-50-P