[Federal Register Volume 69, Number 171 (Friday, September 3, 2004)]
[Rules and Regulations]
[Page 53835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20136]
[[Page 53835]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA-121-CORR; FRL-7807-2]
Approval and Promulgation of Implementation Plans for
California--San Joaquin Valley PM-10
AGENCY: U.S. Environmental Protection Agency (EPA).
ACTION: Final rule; correction.
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SUMMARY: This action corrects language in Title 40 of the Code of
Federal Regulations that appeared in a final rule published in the
Federal Register on May 26, 2004, relating to the particulate matter
(PM-10) State Implementation Plan (SIP) for the San Joaquin Valley
portion of California.
DATES: Effective Date: This action is effective October 4, 2004.
FOR FURTHER INFORMATION CONTACT: Doris Lo, EPA Region IX, (415) 972-
3959, [email protected].
SUPPLEMENTARY INFORMATION: On May 26, 2004 (69 FR 30006), EPA published
a final rule approving the ``2003 PM10 Plan, San Joaquin Valley Plan to
Attain Federal Standards for Particulate Matter 10 Microns and
Smaller,'' submitted on August 19, 2003, and amendments to that plan
submitted on December 30, 2003 (collectively, ``2003 PM-10 Plan''), as
meeting the Clean Air Act (CAA) requirements applicable to the San
Joaquin Valley (SJV) nonattainment area for particulate matter of ten
microns or less (PM-10). The final rule contained amendments to 40 CFR
part 52, subpart F. The final rule, which incorporated material by
reference in Sec. 52.220, Identification of plan, inadvertently omitted
a paragraph relating to the following submittal, which was incorporated
by reference in the 2003 PM-10 Plan and approved by EPA in the May 26,
2004 action: Appendix E (``Regional Transportation Planning Agency
Commitments for Implementation'') to the ``Amended 2002 and 2005 Ozone
Rate of Progress Plan for San Joaquin Valley,'' adopted on December 19,
2002, and submitted by the California Air Resources Board on April 10,
2003.\1\ In the May 26, 2004 action, EPA approved these materials as
Transportation Control Measures (TCMs), which were explicitly included
by reference in the 2003 PM-10 Plan in order to address the Best
Available Control Measure (BACM) provisions for PM-10 with respect to
TCMs. See 69 FR 30020-21, and 30035. In today's action, Appendix E of
the April 10, 2003 submittal is being added in its entirety to 40 CFR
52, subpart F, as new paragraph (c)(330)(i)(A)(1). This action makes no
other corrections to the May 26, 2004 final rule.
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\1\ The San Joaquin Valley Unified Air Pollution Control
District mistakenly identified these materials as ``Appendix F'' in
the Table of Contents to the April 10, 2003 submittal, but the
document itself is titled ``Appendix E.'' In the May 26, 2004 final
rule, EPA refers to the ozone ROP plan in some places as the ``2002
Ozone ROP Plan'' and in other places as the ``2003 Ozone ROP Plan.''
The SJV Ozone ROP Plan, was originally adopted in May 2002 and
submitted in September 2002, but this submittal was wholly replaced
by the amended plan referenced above. The two plans contain an
identical version of Appendix E. Because the ROP plan submitted in
September 2002 has been replaced by the ROP plan submitted in 2003,
EPA is incorporating Appendix E as included in the 2003 submittal.
EPA determined that the April 10, 2003 SIP submittal was complete on
September 4, 2003, pursuant to CAA section 110(k)(1)(B) and 40 CFR
51, Appendix V.
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In this action, EPA is simply correcting an omission and amending
the regulatory language accordingly. The affected provisions were
previously subject to notice and comment prior to EPA approval. Thus,
notice and public procedure are unnecessary. EPA finds that this
constitutes good cause under 5 U.S.C. 553(b)(B). 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 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.
Administrative Requirements
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. 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 (P.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 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 rule and 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 rule in today's
Federal Register. This rule 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, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Particulate
matter, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: August 13, 2004.
Laura Yoshii,
Acting Regional Administrator, Region IX.
0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
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2. Section 52.220 is amended by adding paragraph (c)(330) to read as
follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(330) The following plan was submitted on April 10, 2003 by the
Governor's designee.
(i) Incorporation by reference.
(A) San Joaquin Valley Unified Air Pollution Control District.
(1) Amended 2002 and 2005 Ozone Rate of Progress Plan for San
Joaquin Valley, adopted on December 19, 2002.
(i) Appendix E, ``Regional Transportation Planning Agency
Commitments for Implementation.''
* * * * *
[FR Doc. 04-20136 Filed 9-2-04; 8:45 am]
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