[Federal Register Volume 68, Number 199 (Wednesday, October 15, 2003)]
[Rules and Regulations]
[Pages 59327-59328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25933]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[SIP No. UT-001-0048, UT-001-0049, FRL-7573-8]
Approval and Promulgation of Air Quality Implementation Plans;
State of Utah; State Implementation Plan Corrections
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical correction.
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SUMMARY: When EPA approved Utah State Implementation Plan (SIP)
revisions regarding the numbering and format of the SIP on June 25,
2003, we inadvertently submitted incorrect material for incorporation
by reference and incorrectly referenced a SIP section. EPA is
correcting these errors with this document.
EFFECTIVE DATE: This final rule is effective November 14, 2003.
FOR FURTHER INFORMATION CONTACT: Laurel Dygowski, EPA, Region 8, (303)
312-6144.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'' or
``our'' is used it means the EPA.
Section 553 of the Administrative Procedures Act, 5 U.S.C.
553(b)(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. We have determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because we are merely correcting
incorrect text in a previous rulemaking. Thus notice and public
procedures are unnecessary. We find that this constitutes good cause
under 5 U.S.C. 553(b)(B).
I. Correction
Correction to Federal Register Document Published on June 25, 2003 (68
FR 37744)
On June 25, 2003, we published a final rule approving Utah SIP
revisions pertaining to the numbering and format of the SIP (68 FR
37744). When we published this rule, we incorporated by reference
changes to Section IX.D.2.h. In the incorporation by reference material
for Section IX.D.2.h, we inadvertently incorporated by reference
changes to Section IX.D.2.h(2) that should not have been incorporated
by reference. The incorporation by reference material submitted with
the June 25, 2003 final rule had changes to Section IX.D.2.h(2) that
are part of a February 22, 1999 SIP submittal that we have not
approved. Therefore, we are correcting this error by resubmitting the
incorporation by reference material for 40 CFR 52.2320(c)(56)(i)(C) to
the Air and Radiation Docket and Information Center and the Office of
the Federal Register. In addition, we are correcting the regulatory
text in 40 CFR 52.2320(c)(56)(i)(C) to change the reference to Section
IX, Part ``IX.D.2.h'' to read ``IX.D.2.h (except IX.D.2.h(2))''.
II. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to review by the Office of Management and Budget. This rule is
not subject to Executive Order 13211, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not a significant regulatory action
under Executive Order 12866. Because the agency has made a ``good
cause'' finding that this action is not subject to notice-and-comment
requirements under the Administrative Procedure Act or any other
statute as indicated in the Supplementary Information section above, it
is not subject to the regulatory flexibility provisions of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202
and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L.
104-4). In addition, this action does not significantly or uniquely
affect small governments or impose a significant intergovernmental
mandate, as described in sections 203 and 204 of UMRA. This rule also
does 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), nor will it 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 also
is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997),
because it is not economically significant.
This technical correction action 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. The rule also does not involve special consideration of
environmental justice related issues as required by Executive Order
12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has
taken the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct, as required by section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996). EPA has complied with Executive Order 12630
(53 FR 8859, March 15, 1998) by examining the takings implications of
the rule in accordance with the ``Attorney General's Supplemental
[[Page 59328]]
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated
Takings'' issued under the executive order. This rule does not impose
an information collection burden under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.). EPA's compliance with these statutes and
Executive Orders for the underlying rules are discussed in the June 25,
2003 rule approving the revisions to the numbering and formatting of
the Utah SIP.
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. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement. 5 U.S.C. 808(2).
As stated previously, EPA has made such a good cause finding, including
the reasons therefore, and established an effective date of November
14, 2003. 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. These corrections
to the identification of plan for Utah is not a ``major rule'' as
defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: October 1, 2003.
Robert E. Roberts,
Regional Administrator, Region 8.
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40 CFR part 52 is amended to read as follows:
PART 52--[CORRECTED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart TT--Utah
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2. Section 52.2320 is amended in paragraph (c)(56)(i)(C) by revising
``IX.D.2.h'' to read ``IX.D.2.h (except IX.D.2.h(2))''.
[FR Doc. 03-25933 Filed 10-14-03; 8:45 am]
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