[Federal Register Volume 87, Number 99 (Monday, May 23, 2022)]
[Rules and Regulations]
[Pages 31185-31186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10842]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2020-0148; FRL-7527-02-OAR, EPA-HQ-OAR-2020-0505; FRL-7523-
03-OAR, EPA-HQ-OAR-2020-0532; FRL-7523-03-OAR, FRL-9751-01-OAR]
RIN 2060-AU67, 2060-AU66


National Emission Standards for Hazardous Air Pollutants: General 
Provisions; Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: In this action, the U.S. Environmental Protection Agency (EPA) 
is making technical corrections to the general provisions of the 
National Emission Standards for Hazardous Air Pollutants (NESHAP). 
Specifically, on November 19, 2021, EPA finalized changes to the 
NESHAPs for Refractory Products Manufacturing, Carbon Black Production 
(major sources), Cyanide Chemicals Manufacturing, and Carbon Black 
Production Area Sources and, also amended the general provisions. 
Following signature, the EPA discovered inadvertent minor errors in the 
ordering of the standards and methods that were being incorporated by 
reference in these rules. The Office of the Federal Register (OFR) was 
unable to complete the amendatory instructions, resulting in regulatory 
text intended for the general provisions to be omitted.

DATES: This technical correction is effective on May 23, 2022. The 
incorporation by reference (IBR) of certain publications listed in the 
rule was approved by the Director of the Federal Register as of 
November 19, 2021.

FOR FURTHER INFORMATION CONTACT: For questions about this final action, 
contact Mr. Muntasir Ali, Sector Policies and Programs Division (D243-
05), Office of Air Quality Planning and Standards, U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number: (919) 541-0833; and email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Summary of This Action

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(3)(B), provides that, when an agency for good cause finds that 
notice and public procedures are impracticable, unnecessary, or 
contrary to the public interest, the agency may issue a rule without 
providing notice and an opportunity for public comment. The EPA has 
determined that for this action, there is good cause for making these 
technical corrections final without a prior proposal and the 
opportunity for comment because the Agency is correcting minor errors 
that do not substantially change the Agency's action taken in each of 
the three final rules discussed. These technical corrections will 
ensure that the regulatory text agrees with the description of the rule 
that the EPA provided in the final rule preamble for each of the three 
rules discussed in this action. Thus, notice and comment public 
procedures are unnecessary. The Agency finds that this constitutes a 
good cause under 5 U.S.C. 553(b)(3)(B). See also the final sentence of 
section 307(d)(1) of the Clean Air Act (CAA), 42 U.S.C. 307(d)(1), 
indicating that the good cause provisions in subsection 553(b) of the 
APA continue to apply to this type of rulemaking under section 307(d) 
of the CAA.
    On the November 19, 2021, the EPA finalized amendments to multiple 
NESHAPs. The first rule finalized the Refractory Products Manufacturing 
Residual Risk and Technology Review (86 FR 66045). The second rule 
finalized the Carbon Black Production (major sources) and Cyanide 
Chemical Manufacturing Residual Risk and Technology Reviews and the 
Carbon Black Production Area Source Technology Review (86 FR 66096). 
Both actions incorporated by reference three different test methods: 
ASTM D4282-15, Standard Test Method for Determination of Free Cyanide 
in Water and Wastewater by Microdiffusion, approved July 15, 2015; ASTM 
D6784-16; Standard Test Method for Elemental, Oxidized, Particle-Bound 
and Total Mercury in Flue Gas Generated from Coal-Fired Stationary 
Sources (Ontario Hydro Method), approved March 1, 2016; and ASTM D7237-
18, Standard Test Method for Free Cyanide and Aquatic Free Cyanide with 
Flow Injection Analysis (FIA) Utilizing Gas Diffusion Separation and 
Amperometric Detection, approved December 1, 2018. This was the first 
time these test methods were incorporated by reference under the Code 
of Federal Regulations (CFR). Because the methods were incorporated by 
reference for the first time and the final rules published on the same 
date, there was an error in alphanumerically ordering the test methods 
in 40 CFR 63.14. The ordering and instructions of the standards in the 
centralized IBR section were incorrect. Thus, the redesignations and 
additions of the standards were unable to be published in the CFR. 
Therefore, the EPA finds good cause to make the correction in this 
direct final action.

II. Summary of Cost, Environmental, and Economic Impacts

    This action will have no cost, environmental, energy, or economic 
impacts beyond those impacts presented in the NESHAPs for Refractory 
Products Manufacturing Residual Risk and Technology Review (86 FR 
66045), Carbon Black Production (major sources) and Cyanide Chemicals 
Manufacturing Residual Risk and Technology Reviews and Carbon Black 
Production Area Source Technology Review (86 FR 66096) published on 
November 19, 2021. These technical corrections are cost neutral.

[[Page 31186]]

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practices and procedures, 
Air pollution control, Hazardous substances, Incorporation by 
reference.

Joseph Goffman,
Acting Assistant Administrator, Office of Air and Radiation.

    For the reasons set out in the preamble, 40 CFR part 63 is 
corrected as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

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

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

Subpart A--General Provisions

0
2. Section 63.14 is amended by:
0
a. Redesignating paragraphs (h)(105) through (116) as (h)(108) through 
(119);
0
b. Redesignating paragraphs (h)(103) and (104) as (h)(105) and (106), 
respectively;
0
c. Redesignating paragraphs (h)(63) through (102) as (h)(64) through 
(103); and
0
d. Adding new paragraphs (h)(63), (104), and (107).


Sec.  63.14   Incorporations by reference.

* * * * *
    (h) * * *
    (63) ASTM D4282-15, Standard Test Method for Determination of Free 
Cyanide in Water and Wastewater by Microdiffusion, Approved July 15, 
2015, IBR approved for Sec.  63.1103(g).
* * * * *
    (104) ASTM D6784-16, Standard Test Method for Elemental, Oxidized, 
Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired 
Stationary Sources (Ontario Hydro Method), Approved March 1, 2016, IBR 
approved for table 4 to subpart SSSSS.
* * * * *
    (107) ASTM D7237-18, Standard Test Method for Free Cyanide and 
Aquatic Free Cyanide with Flow Injection Analysis (FIA) Utilizing Gas 
Diffusion Separation and Amperometric Detection, Approved December 1, 
2018, IBR approved for Sec.  63.1103(g).
* * * * *
[FR Doc. 2022-10842 Filed 5-20-22; 8:45 am]
BILLING CODE 6560-50-P