National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries

Under the Clean Air Act (CAA), the EPA issued a final rule entitled, "National Emission Standards for Hazardous Air Pollutants: Petroleum Refineries" (Petroleum Refineries NESHAP) published in the Federal Register on August 18, 1995 (60 FR 43260). A subsequent direct final rule, published on June 12, 1996 (61 FR 29876) corrected errors and clarified regulatory text of the Petroleum Refineries NESHAP. This action will correct an error in the amendatory instructions of the 1996 direct final rule amendments. 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. The EPA has determined that there is good cause for making this technical correction without prior proposal and opportunity for comment because the changes to the rule are minor technical corrections, are noncontroversial in nature, and do not substantively change the requirements of the Petroleum Refineries NESHAP. Thus, notice and public procedure are unnecessary. The EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(B).