[Federal Register Volume 62, Number 243 (Thursday, December 18, 1997)]
[Rules and Regulations]
[Pages 66278-66279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32927]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9, 72, 73, 74, 75, 77, and 78
[FRL-5936-3]
RIN 2060-AF43
Acid Rain Program: Revisions to Permits, Allowance System, Sulfur
Dioxide Opt-Ins, Continuous Emission Monitoring, Excess Emissions, and
Appeal Procedures
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction.
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SUMMARY: Title IV of the Clean Air Act authorizes the Environmental
Protection Agency (EPA or the Agency) to establish the Acid Rain
Program. The purposes of the Acid Rain Program is to significantly
reduce emissions of sulfur dioxides and nitrogen oxides from utility
electric generating plants in order to reduce the adverse health and
ecological impacts of acidic deposition (or acid rain) resulting from
such emissions. On January 11 and March 23, 1993, the Agency
promulgated final rules governing permitting, the allowance system,
continuous emissions monitoring, excess emissions, and appeal
procedures. On October 24, 1997, EPA published final revisions to those
rules. This action corrects certain inadvertent, drafting errors in the
October 24, 1997 document.
EFFECTIVE DATE: December 18, 1997.
FOR FURTHER INFORMATION CONTACT: Dwight C. Alpern, attorney-advisor, at
(202) 564-9151 (U.S. Environmental Protection Agency, 401 M Street, SW,
Acid Rain Division (6204J), Washington DC 20460); or the Acid Rain
Hotline at (202) 564-9620.
SUPPLEMENTARY INFORMATION: On October 24, 1997 (62 FR 55460 (1997)),
EPA promulgated final revisions to the permits, allowance system,
sulfur dioxide opt-ins, continuous emission monitoring, excess
emissions, and appeal procedures rules. Subsequently, EPA identified
certain inadvertent, drafting errors in the October 24, 1997 document.
While the errors may cause some confusion, they do not alter the
substance of the rule revisions. Today's action corrects those errors.
The October 24, 1997 final rule, EPA revised the procedures for
fast-track modifications of Acid Rain permits. In particular,
Sec. 72.82(d) was revised to provide State permitting authorities 90
days after the close of the 30-day comment period (or a total of 120
days) for acting on a requested fast-track modification. 62 FR 55485;
see also 61 FR 68340, 68377 (1996) (proposed rule revisions). The
October 24, 1997 preamble erroneously stated that proposed rule
revisions (promulgated on December 27, 1996) and the final rule
revisions gave State permitting authorities only 60 days after the
comment period (or a total of 90 days). Today's action corrects the
preamble language to make it consistent with the rule language.
The other corrections made by today's action involve minor
corrections to ensure that revised language for certain rule provisions
is correctly incorporated into those provisions. For example, the
October 24, 1997 document removed certain words in Sec. 78.4(c)(1) and
replaced them with new language. In so doing, the October 24, 1997
document failed to state all of the words that are to be removed. This
is corrected by today's action.
For the reasons discussed above, this action is not a ``significant
regulatory action'' and is therefore not subject to review by the
Office of Management and Budget under Executive Order 12866 (58 FR
51735 (1993)). For the same reasons, this action does not impose annual
costs of $100 million or more, will not significantly or uniquely
affect small governments, and is not a significant federal
intergovernmental mandate. With regard to this action, the Agency thus
has no obligations under sections 202, 203, 204, and 205 of the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). Moreover, since
this action is not subject to notice-and-comment requirements under the
Administrative Procedure Act or any other statute, the action is not
subject to
[[Page 66279]]
the provisions of the Regulatory Flexibility Act (5 U.S.C. 601, et
seq.).
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this document and any other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General
of the General Accounting Office prior to publication of this document
in today's Federal Register. This action is not a ``major rule'' as
defined in 5 U.S.C. 804(2).
Dated: December 9, 1997.
Richard D. Wilson,
Acting Assistant Administrator for Air and Radiation.
Accordingly, for the reasons set out above, the publication on
October 24, 1997 of the final rule at 62 FR 55460 is corrected as
follows:
1. On page 55470, first column, lines 45-47, the words ``a 90-day
period (i.e., the 30-day comment period and 60 days after the end of
the period)'' are removed and replaced by the words ``a 120-day period
(i.e., the 30-day comment period and 90 days after the end of the
period)''.
PART 72--[CORRECTED]
Sec. 72.8 [Corrected]
2. On page 55477, third column, Sec. 72.8(b)(2), line 4, the words
``which that the unit'' are removed and replaced by the words ``which
the unit''.
PART 77--[CORRECTED]
Sec. 77.4 [Corrected]
3. On page 55487, second column, amendatory instruction 49, line 4,
the words ``and removing paragraph (g)(2)(i)(D)'' are added after the
words ``(k)(2)''.
PART 78--[CORRECTED]
Sec. 78.4 [Corrected]
4. On page 55488, second column, amendatory instruction 54, line
11, the word ``shown'' is added after the words ``based on good
cause''.
[FR Doc. 97-32927 Filed 12-17-97; 8:45 am]
BILLING CODE 6560-50-P
