[Federal Register Volume 77, Number 207 (Thursday, October 25, 2012)]
[Rules and Regulations]
[Pages 65135-65136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26285]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2008-0334; FRL-9746-4]
RIN 2060-AQ89


National Emission Standards for Hazardous Air Pollutants for 
Chemical Manufacturing Area Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; stay.

-----------------------------------------------------------------------

SUMMARY: On January 30, 2012, the EPA published in the Federal Register 
a proposed rule reconsidering certain provisions in the final National 
Emission Standards for Hazardous Air Pollutants for Chemical 
Manufacturing Area Sources (CMAS) that was promulgated on October 29, 
2009. The compliance date for the final CMAS rule is October 29, 2012. 
However, the EPA is still in the process of finalizing the 
reconsideration action. For this reason, a short stay of the final CMAS 
rule pending completion of the reconsideration action is warranted. 
Pursuant to the Clean Air Act, the EPA is staying until December 24, 
2012 the final CMAS rule.

DATES: Effective October 25, 2012, 40 CFR part 63, subpart VVVVVV, is 
stayed until December 24, 2012.

FOR FURTHER INFORMATION CONTACT: Mr. Nick Parsons, Sector Policies and 
Programs Division (E143-01), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711; telephone number: (919) 541-5372; fax 
number: (919) 541-0246; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On October 29, 2009 (74 FR 56008), the EPA issued the final CMAS 
rule. On February 12, 2010, the American Chemistry Council and the 
Society of Chemical Manufacturers and Affiliates (collectively referred 
to as ``Petitioners'') sought reconsideration of certain provisions in 
the final rule. On June 15, 2010, the EPA notified Petitioners that the 
EPA intended to initiate the reconsideration process.
    On January 30, 2012 (77 FR 4522), the EPA published a proposed rule 
reconsidering certain aspects of the final CMAS rule, including 
provisions that, if finalized, would revise the applicability of the 
final rule. The compliance date for the final CMAS rule is October 29, 
2012, and it was EPA's expectation that the reconsideration would be 
finalized in advance of that date. However, the EPA is still in the 
process of finalizing the reconsideration action. For this reason, a 
short stay of the final rule is appropriate to allow the EPA the time 
necessary to complete the reconsideration action.
    Pursuant to Clean Air Act section 307(d)(7)(B), the EPA is staying 
for 60 days the provisions of 40 CFR part 63, subpart VVVVVV.

II. Statutory and Executive Order Reviews

A. General Requirements

    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). In 
addition, this action does not impose any enforceable duty or contain 
any unfunded mandate as described in the Unfunded Mandates Reform Act 
of 1995 (Pub. L. 104-4), or require prior consultation with state 
officials as specified by Executive Order 12875 (58 FR 58093, October 
28, 1993), or involve special consideration of environmental justice 
related issues as required by Executive Order 12898 (59 FR 7629, 
February 16, 1994). Because 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.). 
This action 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 action 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 action also is not subject to 
Executive Order 13045 ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997). The 
requirements of section 12(d) of the

[[Page 65136]]

National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) do not apply. This action 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 October 29, 2009, Federal Register document.

B. Submission to Congress and the Comptroller General

    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. The EPA will submit a report containing 
this notice and other required information to the United States Senate, 
the United States House of Representatives and the Comptroller General 
of the United States prior to publication of the rule in the Federal 
Register. The stay of the provisions in 40 CFR part 63, subpart VVVVVV 
is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Monitoring, Reporting and recordkeeping.

    Dated: October 19, 2012.
Lisa P. Jackson,
Administrator.

    For the reasons stated in the preamble, title 40, chapter I, part 
63 of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart VVVVVV--[AMENDED]

0
2. Subpart VVVVVV is stayed from October 25, 2012 until December 24, 
2012.
[FR Doc. 2012-26285 Filed 10-24-12; 8:45 am]
BILLING CODE 6560-50-P