[Federal Register Volume 71, Number 239 (Wednesday, December 13, 2006)]
[Rules and Regulations]
[Pages 74792-74795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21199]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51, 96, and 97

[EPA-HQ-OAR-2004-0076; FRL-8254-7]
RIN 2060-AM99


Clean Air Interstate Rule (CAIR) and Federal Implementation Plans 
for CAIR; Corrections

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendments.

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SUMMARY: In this rule, EPA is making minor corrections to the Clean Air 
Interstate Rule (CAIR) and the Federal Implementation Plans (FIPs) for 
the CAIR to clarify text that may potentially be misleading. This 
corrections rule does not change any of CAIR or CAIR FIPs rule 
requirements or substantively change the rules in any way.

DATES: Effective Date: These correcting amendments are effective on 
December 13, 2006.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2004-0076. Documents related to the CAIR are 
available in the rulemaking docket under Docket ID No. EPA-HQ-OAR-2003-
0053; documents related to the CAIR FIPs are available in the 
rulemaking docket under Docket ID No. EPA-HQ-OAR-2004-0076. All 
documents in the dockets are listed on the http://www.regulations.gov 
Web site. Although listed in the indexes, some information is not 
publicly available, e.g., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the EPA Docket Center (Air Docket), EPA/DC, EPA West, Room 
B102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading 
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The telephone number for the Public Reading 
Room is (202) 566-1744.

    Note: The EPA Docket Center suffered damage due to flooding 
during the last week of June 2006. The Docket Center is continuing 
to operate. However, during the cleanup, there will be temporary 
changes to Docket Center telephone numbers, addresses, and hours of 
operation for people who wish to visit the Public Reading Room to 
view documents. Consult EPA's Federal Register notice at 71 FR 38147 
(July 5, 2006) or the EPA Web site at http://www.epa.gov/epahome/dockets.htm for current information on docket status, locations and 
telephone numbers.


FOR FURTHER INFORMATION CONTACT: Carla Oldham, U.S. EPA, Office of Air 
Quality Planning and Standards, Air Quality Policy Division, C539-04, 
Research Triangle Park, NC 27711; telephone number (919) 541-3347, e-
mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On May 12, 2005, EPA published the Clean Air Interstate Rule (CAIR) 
in a final rule entitled, ``Rule to Reduce Interstate Transport of Fine 
Particulate Matter and Ozone (Clean Air Interstate Rule); Revisions to 
Acid Rain Program; Revisions to NOX SIP Call'' (70 FR 
25162). On April 28, 2006, EPA published Federal Implementation Plans 
for the CAIR as part of a final rule entitled, ``Rulemaking on Section 
126 Petition From North Carolina to Reduce Interstate Transport of Fine 
Particulate Matter and Ozone; Federal Implementation Plans To Reduce 
Interstate Transport of Fine Particulate Matter and Ozone; Revisions to 
the Clean Air Interstate Rule; Revisions to the Acid Rain Program'' (71 
FR 25328). The CAIR requires States to reduce emissions of nitrogen 
oxides and sulfur dioxide that contribute significantly to 
nonattainment and maintenance problems in downwind States with respect 
to the national ambient air quality standards for fine particulate 
matter (PM2.5) and 8-hour ozone. The CAIR FIPs ensure that 
the emissions reductions required by the CAIR are achieved on schedule. 
As the control strategy for the FIPs, EPA adopted the model cap-and-
trade programs for power plants that EPA provided in the CAIR as a 
control option for States, with minor changes to account for Federal, 
rather than State, implementation. The EPA will withdraw the FIP for 
any State once that State's own State implementation plan for meeting 
the CAIR requirements is fully approved. For a detailed description of 
the CAIR and CAIR FIPs, please see the rulemaking actions which are 
available on EPA's Web site at http://www.epa.gov/cair and in the 
Federal Register at and 70 FR 25162; May 12, 2005 and 71 FR 25328; 
April 28, 2006.

[[Page 74793]]

II. Why Are the Corrections Needed?

    The CAIR and CAIR FIP contain minor errors that may prove to be 
misleading and are in need of clarification. As itemized in the 
regulatory text below, this corrections rule corrects typographical 
errors, makes minor word corrections, and corrects or provides more 
specificity in references to other paragraphs or sections within the 
regulatory text. It does not make any substantive changes to the CAIR 
or CAIR FIPs or change any of the rule requirements.

III. What Is the Rulemaking Procedure?

    The EPA is issuing this final rule without prior proposal or the 
opportunity for public 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 public interest, the Agency 
may issue a rule without providing notice and an opportunity to 
comment. The EPA has determined that there is good cause for making 
this action final without prior proposal or opportunity to comment 
because the changes to the CAIR and CAIR FIPS correct minor, 
nonsubstantive errors, are noncontroversial, and are consistent with 
the technical basis for the rules. Thus, notice and public procedure 
are not necessary. The EPA finds this constitutes good cause under 5 
U.S.C. 553(b)(B). (See also the final sentence of section 307(d)(1) of 
the Clean Air Act (CAA), indicating that the good cause provisions of 
the APA continue to apply to rulemaking under section 307(d) of the 
CAA.)
    Section 553(d)(3) allows an agency, upon a finding of good cause, 
to make a rule effective immediately. Because this action corrects 
errors and helps to clarify requirements in the underlying rules, EPA 
finds good cause to make these corrections effective immediately.

IV. 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, therefore, is not subject to review by the Office of 
Management and Budget. This action is not a ``major rule'' as defined 
by 5 U.S.C. 804(2). The 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) (Pub. L. 104B4). 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).
    This action also does not significantly or uniquely affect the 
communities of Tribal governments, as specified in Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments (65 
FR 67249, November 9, 2000). The 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 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 United States. 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 this action in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). The final 
rule will be effective on December 13, 2006.
    The EPA's compliance with the above statutes and Executive Orders 
for the underlying rules are discussed in Section X of the CAIR at 70 
FR 25305 and in Section IX of the CAIR FIPs at 71 FR 25365.

List of Subjects

40 CFR Part 51

    Environmental protection. Administrative practice and procedure, 
Air pollution control, Electric utilities, Intergovernmental relations, 
Nitrogen oxides, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur dioxide.

40 CFR Parts 96 and 97

    Environmental protection. Administrative practice and procedure, 
Air pollution control, Electric utilities, intergovernmental relations, 
Nitrogen oxides, Reporting and recordkeeping requirements, Sulfur 
dioxide.

    Dated: December 7, 2006.
Stephen L. Johnson,
Administrator.

0
For the reasons set forth in the preamble, parts 51, 96, and 97, of 
title 40, chapter I of the Code of Federal Regulations are amended as 
follows:

PART 51--[AMENDED]

0
1. The authority citation for part 51 continues to read as follows:

    Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.


Sec.  51.123  [Amended]

0
2. Section 51.123 is amended as follows:
0
a. In paragraph (p)(1)(ii)(C)(2), by revising the words ``in (97.143'' 
to read ``in Sec.  97.143'';
0
b. In paragraphs (q)(1)(iii)(B) and (q)(3), by revising the words 
``paragraph (e)(2)'' to read ``paragraph (q)(2)''; and
0
c. In paragraph (cc) in the definition of ``Useful thermal energy'', by 
revising in paragraph (2) the words ``heat'' to read ``heating''.


Sec.  51.124  [Amended]

0
3. Section 51.124 is amended, in paragraph (q) in the definition of 
``Useful thermal energy'', by revising in

[[Page 74794]]

paragraph (2) the words ``heat'' to read ``heating''.

PART 96--[Amended]

0
4. The authority citation for part 96 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7403, 7410, 7601, and 7651, et seq.


Sec.  96.102  [Amended]

0
5. Section 96.102 is amended as follows:
0
a. In the definition of ``CAIR NOX Annual Trading Program'', 
by revising the words ``Sec.  51.123'' to read ``Sec.  51.123(o)(1) or 
(2)'';
0
b. In the definition of ``CAIR NOX Ozone Season Trading 
Program'', by revising the words ``Sec.  51.123'' to read ``Sec.  
51.123(aa)(1) or (2) (and (bb)(1)), (bb)(2), or (dd)''; and
0
c. In the definition of ``CAIR SO2 Trading Program'', by 
revising the words ``Sec.  51.124'' to read ``Sec.  51.124(o)(1) or 
(2)''.


Sec.  96.105  [Amended]

0
6. Section 96.105 is amended, in paragraph (a)(1), by revising the 
words ``(subparts BB and EE'' to read ``subparts BB and EE''.


Sec.  96.115  [Amended]

0
7. Section 96.115 is amended, in paragraph (c) introductory text, by 
revising the words ``Administrator that'' to read ``Administrator, 
that''.

0
8. The heading for Sec.  96.120 is amended to read as follows:


Sec.  96.120  General CAIR NOX Annual Trading Program permit 
requirements.

* * * * *


Sec.  96.143  [Amended]

0
9. Section 96.143 is amended, in paragraph (c) introductory text and 
paragraph (c)(2) introductory text, by revising the words ``CAIR 
NOX emissions'' to read ``the CAIR NOX 
emissions''.


Sec.  96.151  [Amended]

0
10. Section 96.151 is amended, in paragraph (b)(2) introductory text 
and paragraph (b)(4) introductory text, by revising the words 
``representative or alternate'' to read ``representative and 
alternate''.


Sec.  96.184  [Amended]

0
11. Section 96.184 is amended, in paragraph (c) introductory text, by 
revising the words ``heat rate'' to read ``heat input''.


Sec.  96.187  [Amended]

0
12. Section 96.187 is amended, in paragraph (b)(2)(ii), by revising the 
words ``CAIR NOX unit that'' to read ``CAIR NOX 
opt-in unit that''.


Sec.  96.202  [Amended]

0
13. Section 96.202 is amended as follows:
0
a. In the definition of ``Alternate CAIR designated representative'', 
by revising the words ``source in accordance'' to read ``source, in 
accordance''.
0
b. In the definition of ``CAIR NOX Annual Trading Program'', 
by revising the words ``Sec.  51.123'' to read ``Sec.  51.123(o)(1) or 
(2)'';
0
c. In the definition of ``CAIR NOX Ozone Season Trading 
Program'', by revising the words ``Sec.  51.123'' to read ``Sec.  
51.123(aa)(1) or (2) (and (bb)(1)), (bb)(2), or (dd)'';
0
d. In the definition of ``CAIR SO2 allowance'' in paragraph 
(4), by revising the words ``(Program, provisions'' to read ``Program, 
provisions''.
0
e. In the definition of ``CAIR SO2 Trading Program'', by 
revising the words ``Sec.  51.124'' to read ``Sec.  51.124(o)(1) or 
(2)''.


Sec.  96.206  [Amended]

0
14. Section 96.206 is amended, in paragraph (c)(4), by revising the 
words ``subparts FFF and GGG'' to read ``subparts FFF, GGG, and III''.


Sec.  96.215  [Amended]

0
15. Section 96.215 is amended, in paragraph (c) introductory text, by 
revising the words ``Administrator that'' to read ``Administrator, 
that''.


Sec.  96.251  [Amended]

0
16. Section 96.251 is amended, in paragraph (b)(2) introductory text 
and paragraph (b)(4) introductory text, by revising the words 
``representative or alternate'' to read ``representative and 
alternate''.


Sec.  96.254  [Amended]

0
17. Section 96.254 is amended, in paragraph (e), by revising the words 
``of this section) and'' to read ``of this section and''.


Sec.  96.271  [Amended]

0
18. Section 96.271 is amended, in paragraph (d)(2), by revising the 
words ``include: Replacement'' to read ``include: replacement''.


Sec.  96.284  [Amended]

0
19. Section 96.284 is amended, in paragraph (c) introductory text, by 
revising the words ``heat rate'' to read ``heat input''.


Sec.  96.287  [Amended]

0
20. Section 96.287 is amended, in paragraph (b)(2)(ii), by revising the 
words ``CAIR SO2 unit that'' to read ``CAIR SO2 
opt-in unit that''.


Sec.  96.302  [Amended]

0
21. Section 96.302 is amended as follows:
0
a. In the definition of ``Alternate CAIR designated representative'', 
by revising the words ``source in accordance'' to read ``source, in 
accordance''.
0
b. In the definition of ``CAIR NOX Annual Trading Program'', 
by revising the words ``Sec.  51.123'' to read ``Sec.  51.123(o)(1) or 
(2)'';
0
c. In the definition of ``CAIR NOX Ozone Season Trading 
Program'', by revising the words ``Sec.  51.123'' to read ``Sec.  
51.123(aa)(1) or (2) (and (bb)(1)), (bb)(2), or (dd)'';
0
d. In the definition of ``CAIR SO2 Trading Program'', by 
revising the words ``Sec.  51.124'' to read ``Sec.  51.124(o)(1) or 
(2)''.
0
e. In the definition of ``Commence commercial operation'' in paragraph 
(1)(i), by revising the word ``97.304'' to read ``96.304''.


Sec.  96.304  [Amended]

0
22. Section 96.304 is amended, in paragraph (a)(1), by revising the 
words ``part: Any'' to read ``part: any''.


Sec.  96.342  [Amended]

0
23. Section 96.342 is amended, in paragraph (c)(2), by revising the 
words ``NOX allowances'' to read ``NOX Ozone 
Season allowances'' and by revising the words ``February 1 of'' to read 
``February 1 before''.


Sec.  96.351  [Amended]

0
24. Section 96.351 is amended, in paragraph (b)(2) introductory text 
and paragraph (b)(4) introductory text, by revising the words 
``representative or alternate'' to read ``representative and 
alternate''.


Sec.  96.371  [Amended]

0
25. Section 96.371 is amended, in paragraph (d)(2), by revising the 
words ``include: Replacement'' to read ``include: replacement''.


Sec.  96.384  [Amended]

0
26. Section 96.384 is amended, in paragraph (c) introductory text, by 
revising the words ``heat rate'' to read ``heat input''.


Sec.  96.387  [Amended]

0
27. Section 96.387 is amended, in paragraph (b)(2)(ii), by revising the 
words ``CAIR NOX Ozone Season unit that'' to read ``CAIR 
NOX Ozone Season opt-in unit that''.

[[Page 74795]]

PART 97--[AMENDED]

0
28. The authority citation for part 97 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7403, 7410, 7426, 7601, and 7651, et 
seq.


Sec.  97.102  [Amended]

0
29. Section 97.102 is amended as follows:
0
a. In the definition of ``Alternate CAIR designated representative'', 
by revising the words ``source in accordance'' to read ``source, in 
accordance''; and
0
b. In the definition of ``CAIR NOX Ozone Season Trading 
Program'', by revising the words ``accordance with under subparts AAAA 
through IIII'' to read ``accordance with subparts AAAA through IIII of 
part 96''.


Sec.  97.113  [Amended]

0
30. Section 97.113 is amended, in paragraph (a)(4)(iv), by revising the 
words ``(Where there are'' to read ``Where there are''.


Sec.  97.143  [Amended]

0
31. Section 97.143 is amended, in paragraph (c) introductory text and 
paragraph (c)(2) introductory text, by revising the words ``CAIR 
NOX emissions'' to read ``the CAIR NOX 
emissions''.


Sec.  97.144  [Amended]

0
32. Section 97.144 is amended, in paragraph (c)(2), by revising the 
words ``State(s compliance'' to read ``State's compliance''.


Sec.  97.184  [Amended]

0
33. Section 97.184 is amended, in paragraph (c) introductory text, by 
revising the words ``heat rate'' to read ``heat input''.


Sec.  97.187  [Amended]

0
34. Section 97.187 is amended, in paragraph (b)(2)(ii), by revising the 
words ``CAIR NOX unit that'' to read ``CAIR NOX 
opt-in unit that''.


Sec.  97.202  [Amended]

0
35. Section 97.202 is amended as follows:
0
a. In the definition of ``Alternate CAIR designated representative'', 
by revising the words ``source in accordance'' to read ``source, in 
accordance'';
0
b. In the definition of ``CAIR NOX Annual Trading Program'', 
by revising the word ``(Sec.  51.123(p)'' to read ``Sec.  51.123(p)''; 
and
0
c. In the definition of ``CAIR NOX Ozone Season Trading 
Program'', by revising the word ``(Sec.  51.123(ee)'' to read ``Sec.  
51.123(ee)'' and by revising the words ``accordance with under subparts 
AAAA through IIII'' to read ``accordance with subparts AAAA through 
IIII of part 96''.


Sec.  97.283  [Amended]

0
36. Section 97.283 is amended as follows:
0
a. In paragraph (a)(2)(iii), by revising the words ``Is not, and'' to 
read ``Is not and,''; and
0
b. In paragraph (a)(2)(iv),by revising the words ``stack, and'' to read 
``stack; and''.


Sec.  97.284  [Amended]

0
37. Section 97.284 is amended as follows:
0
a. In paragraph (c) introductory text, by revising the words ``heat 
rate'' to read ``heat input'';
0
b. In paragraph (c)(2), by revising the words ``unit(s'' to read 
``unit's''; and
0
c. In paragraph (d)(2), by revising the words ``and (b)(2)'' to read 
``and (2)''.


Sec.  97.287  [Amended]

0
38. Section 97.287 is amended, in paragraph (b)(2)(ii), by revising the 
words ``CAIR SO2 unit that'' to read ``CAIR SO2 
opt-in unit that''.


Sec.  97.302  [Amended]

0
39. Section 97.302 is amended as follows:
0
a. In the definition of ``Alternate CAIR designated representative'', 
by revising the words ``source in accordance'' to read ``source, in 
accordance'';
0
b. In the definition of ``CAIR NOX Ozone Season Trading 
Program'', by revising the words ``accordance with under subparts AAAA 
through IIII'' to read ``accordance with subparts AAAA through IIII of 
part 96'';
0
c. In the definition of ``Reference method'', by revising the words ``( 
75.22'' to read ``Sec.  75.22''; and
0
d. In the definition of ``State'', by revising with words ``( 52.35'' 
to read ``Sec.  52.35''.


Sec.  97.371  [Amended]

0
40. Section 97.371 is amended, in paragraph (d)(2), by revising the 
words ``include: Replacement'' to read ``include: replacement''.


Sec.  97.384  [Amended]

0
41. Section 97.384 is amended, in paragraph (c) introductory text, by 
revising the words ``heat rate'' to read ``heat input''.


Sec.  97.387  [Amended]

0
42. Section 97.387 is amended, in paragraph (b)(2)(ii), by revising the 
words ``CAIR NOX Ozone Season unit that'' to read ``CAIR 
NOX Ozone Season opt-in unit that'' and by revising the 
words ``( 97.304'' to read ``Sec.  97.304''.
 [FR Doc. E6-21199 Filed 12-12-06; 8:45 am]
BILLING CODE 6560-50-P