[Federal Register Volume 77, Number 27 (Thursday, February 9, 2012)]
[Rules and Regulations]
[Pages 6681-6682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2884]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R04-OAR-2010-0392(a); FRL-9628-6]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; State of Florida; Control of Large Municipal 
Waste Combustor (LMWC) Emissions From Existing Facilities; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: On December 30, 2010, EPA published a final rule approving the 
Clean Air Act (CAA) section 111(d)/129 State Plan (the Plan) submitted 
by the Florida Department of Environmental Protection for the State of 
Florida on July 12, 2007, for implementing and enforcing the Emissions 
Guidelines (EGs) applicable to existing Large Municipal Waste 
Combustors (LMWCs). These EGs apply to municipal waste combustors with 
a capacity to combust more than 250 tons per day of municipal solid 
waste (MSW). This action corrects an error in the regulatory language 
in paragraph (a) of EPA's December 30, 2010, final rule.

DATES: This action is effective February 9, 2012.

ADDRESSES: Copies of the documentation used in the action being 
corrected are available for inspection during normal business hours at 
the following location: U.S. Environmental Protection Agency, Region 4, 
61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The Regional 
Office's official hours of business are Monday through Friday, 8:30 
a.m. to 4:30 p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Daniel Garver, Air Toxics Assessment 
and Implementation Section, Air Toxics and Monitoring Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-9839. Mr. Garver can also 
be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: This action corrects an error in the 
regulatory language for an entry that appears in paragraph (a) of 
Florida's Identification of Sources at 40 CFR 62.2355. The final action 
determined that EPA approved the CAA section 111(d)/129 Plan applicable 
to LMWCs in the State of Florida on December 30, 2010 (75 FR 82269). 
However, EPA inadvertently indicated in 40 CFR 62.2355(a) that ``the 
plan applies to existing facilities with a municipal waste combustor 
(MWC) unit capacity greater than 250 tons per day of MSW, and for which 
construction, reconstruction, or modification was commenced on or 
before July 12, 2007.'' The correct date is September 20, 1994. 
Therefore, EPA is correcting this error by deleting the date ``July 12, 
2007'' and inserting the correct date ``September 20, 1994.''
    EPA has determined that today's action falls under the ``good 
cause'' exemption in section 553(b)(3)(B) of the Administrative 
Procedure Act (APA) which, upon finding ``good cause,'' authorizes 
agencies to dispense with public participation where public notice and 
comment procedures are impracticable, unnecessary, or contrary to the 
public interest. Public notice and comment for this action are 
unnecessary because today's action to correct an inadvertent error 
contained in paragraph (a) of 40 CFR 62.2355 of the rulemaking and has 
no substantive impact on EPA's December 30, 2010, approval. In 
addition, EPA can identify no particular reason why the public would be 
interested in being notified of the correction, or in having the 
opportunity to comment on the correction prior to this action being 
finalized, since this correction action does not change the meaning of 
EPA's analysis or action to approve the amendment in paragraph (a) to 
40 CFR 62.2355.
    EPA also finds that there is good cause under APA section 553(d)(3) 
for this correction to become effective on the date of publication of 
this action.

[[Page 6682]]

Section 553(d)(3) of the APA allows an effective date less than 30 days 
after publication ``as otherwise provided by the agency for good cause 
found and published with the rule.'' 5 U.S.C. 553(d)(3). The purpose of 
the 30-day waiting period prescribed in APA section 553(d)(3) is to 
give affected parties a reasonable time to adjust their behavior and 
prepare before the final rule takes effect. Today's rule, however, does 
not create any new regulatory requirements such that affected parties 
would need time to prepare before the rule takes effect. Rather, 
today's action merely corrects an error in paragraph (a) of a prior 
rulemaking by correcting the date as identified above in 40 CFR 62.2355 
in a revision, which EPA approved on December 30, 2010. For these 
reasons, EPA finds good cause under APA section 553(d)(3) for this 
correction to become effective on the date of publication of this 
action.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (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. 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). This action 
merely corrects an error in paragraph (a) of a prior rulemaking by 
correcting the date as identified above in 40 CFR 62.2355, which EPA 
approved on December 30, 2010, and imposes no additional requirements 
beyond those imposed by state law. Accordingly, the Administrator 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule merely corrects an 
inadvertent error in paragraph (a) of a prior rule, and does not impose 
any additional enforceable duty beyond that required by state law, it 
does not contain any unfunded mandate or significantly or uniquely 
affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
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). This rule also does not have Federalism 
implications because it does not 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 government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This rule merely corrects an error in 
paragraph (a) of a prior rulemaking by correcting the date as 
identified above in 40 CFR 62.2355, in a revision which EPA approved on 
December 30, 2010, and does not alter the relationship or the 
distribution of power and responsibilities established in the CAA. This 
rule also is not subject to Executive Order 13045 ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant. In 
addition, this rule 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. This rule 
also 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 Congressional Review Act, 5 U.S.C. section 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. 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. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 9, 2012. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
Parties with objections to this direct final rule are encouraged to 
file a comment in response to the parallel notice of proposed 
rulemaking for this action published in the proposed rules section of 
today's Federal Register, rather than file an immediate petition for 
judicial review of this direct final rule, so that EPA can withdraw 
this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter.

    Dated: December 9, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR part 62 is amended as follows:

PART 62--[AMENDED]

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart K--Florida

0
2. In Sec.  62.2355, paragraph (a) is revised to read as follows:


Sec.  62.2355  Identification of sources.

    (a) The plan applies to existing facilities with a municipal waste 
combustor (MWC) unit capacity greater than 250 tons per day of 
municipal solid waste (MSW), and for which construction, 
reconstruction, or modification was commenced on or before September 
20, 1994.
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[FR Doc. 2012-2884 Filed 2-8-12; 8:45 am]
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