[Federal Register Volume 73, Number 45 (Thursday, March 6, 2008)]
[Rules and Regulations]
[Pages 12011-12013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4236]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2005-VA-0011; FRL-8537-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Commonwealth of Virginia; Control of Particulate Matter From Pulp and 
Paper Mills; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: This document corrects errors in the final rule chart listing 
Virginia regulations governing kraft pulp and paper mills which EPA has 
incorporated by reference into the Virginia State Implementation Plan 
(SIP).

DATES: Effective Date: March 6, 2008.

FOR FURTHER INFORMATION CONTACT: Harold A. Frankford (215) 814-2108 or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or 
``our'' are used we mean EPA. On October 19, 2007 (72 FR 59207), we 
published a final rulemaking action announcing our approval of State 
Implementation Plan (SIP) revisions to Virginia regulations governing 
kraft pulp and paper mills (9 VAC 5, Chapter 40, Part II, Article 13). 
In that document, in the rule chart for 40 CFR 52.2420(c), for entry 5-
40-1670 published on Page 59210, we inadvertently omitted two ``added'' 
definitions, listed two other definitions that were not part of the SIP 
revision, and removed language providing the historical status of the 
definitions not affected by this EPA approval action. In addition, we 
provided an incorrect amendatory instruction on Page 15209 regarding 
the revised compliance provisions (5-40-1750, formerly entry 5-40-
1750A). This action (1) revises the list of definitions described in 
the ``Explanation [former SIP citation]'' column for entry 5-40-1670, 
and (2) corrects the erroneous amendatory instruction in part 52 for 
entry 5-40-1750.
    In the Rule document E7-20568 published in the Federal Register on 
October 19, 2007 (72 FR 59207),

[[Page 12012]]

Amendatory Instruction Number 2 on Page 59209, Third Column is revised 
to read: ``In Sec.  52.2420, the table in paragraph (c) is amended by 
adding an entry for 5-40-1750, removing the entry for 5-40-1750A, and 
revising the entries for Article 13 (title), 5-40-1660, 5-40-1670, and 
5-40-1810 to read as follows:''
    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 this rule is not 
substantive and imposes no regulatory requirements, but merely corrects 
a 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).

Statutory and Executive Order Reviews

    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. 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 approves a state rule 
implementing a Federal standard.
    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 March 6, 
2008. 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 the table in 40 
CFR 52.2420(c) for Virginia is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: February 25, 2008.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for 40 CFR part 52 continues to read as 
follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (c) is amended by adding an 
entry for 5-40-1750, removing the entry for 5-40-1750A, and revising 
the entries for Article 13 (title), 5-40-1660, 5-40-1670, and 5-40-1810 
to read as follows:


Sec.  52.2420  Identification of plan.

* * * * *
    (c) * * *


                                 EPA-Approved Virginia Regulations and Statutes
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                                                             State
     State citation (9 VAC 5)           Title/subject      effective    EPA approval    Explanation [former SIP
                                                              date          date               citation]
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                                                  * * * * * * *
                                     Chapter 40 Existing Stationary Sources
 
                                                  * * * * * * *
                                           Part II Emission Standards
 

[[Page 12013]]

 
                                                  * * * * * * *
                    Article 13 Emission Standards From Kraft Pulp and Paper Mills (Rule 4-13)
5-40-1660.........................  Applicability and         4/01/99    10/19/07, 72  .........................
                                     designation of                          FR 59207
                                     affected facilities.
5-40-1670.........................  Definitions.........      4/01/99    10/19/07, 72  Existing: Kraft pulp
                                                                             FR 59207   mill, Lime kiln,
                                                                                        Recovery furnace, Smelt
                                                                                        dissolving tank.
                                                                                       Added: Black liquor
                                                                                        solids, Green liquor
                                                                                        sulfidity, Neutral
                                                                                        sulfite semichemical
                                                                                        pulping operation, New
                                                                                        design recovery furnace,
                                                                                        Pulp and paper mill,
                                                                                        Semichemical pulping
                                                                                        process;
                                                                                       Revised: Cross recovery
                                                                                        furnace, Straight kraft
                                                                                        recovery furnace.
                                                                                       Remaining definitions are
                                                                                        Federally enforceable as
                                                                                        part of the Section
                                                                                        111(d) plan for kraft
                                                                                        pulp mills (see, Sec.
                                                                                        62.11610).
 
                                                  * * * * * * *
5-40-1750.........................  Compliance..........      4/01/99    10/19/07, 72  .........................
                                                                             FR 59207
 
                                                  * * * * * * *
5-40-1810.........................  Permits.............      4/01/99    10/19/07, 72  .........................
                                                                             FR 59207
 
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[FR Doc. E8-4236 Filed 3-5-08; 8:45 am]
BILLING CODE 6560-50-P