[Federal Register: August 30, 2005 (Volume 70, Number 167)]
[Rules and Regulations]
[Page 51266]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au05-8]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MN-86-2; FRL-7962-6]
Approval and Promulgation of Air Quality Implementation Plans;
Minnesota; Revised Format of 40 CFR Part 52 for Materials Being
Incorporated by Reference; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendment.
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SUMMARY: This document corrects an error in the amendatory instruction
in a final rule pertaining to the Revised Format of 40 CFR part 52 for
Materials Being Incorporated by Reference for Minnesota.
DATES: This final rule is effective on August 30, 2005.
FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, Chicago, Illinois
60604, (312) 353-8328, or by e-mail at panos.christos@epa.gov.
SUPPLEMENTARY INFORMATION: EPA published a document on February 24,
2005 (70 FR 8930) redesignating Sec. 52.1220 as Sec. 52.1222, when
Sec. 52.1222 already existed. The intent of the rule was to remove the
then existing Sec. 52.1222 titled ``EPA-approved Minnesota State
regulations'' and then redesignate Sec. 52.1220 as Sec. 52.1222. This
document corrects the erroneous amendatory language.
Correction
In the final rule published in the Federal Register on February 24,
2005 (70 FR 8930), on page 8932 the amendatory instruction is
corrected. 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. 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
an incorrect citation in a previous action. Thus, notice and public
procedure are unnecessary. We find that this constitutes good cause
under 5 U.S.C. 553(b)(B).
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: August 8, 2005.
Norman Niedergang,
Acting Regional Administrator, Region 5.
0
Part 52 of chapter I, title 40, Code of Federal Regulations, is amended
as follows:
PART 52--[AMENDED]
0
1. The authority for citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Y--Minnesota
Sec. 52.1222 [Removed]
0
2. Section 52.1222 titled ``EPA-approved Minnesota State regulations''
is removed.
Sec. 52.1220 [Redesignated as Sec. 52.1222]
0
3. Section 52.1220 is redesignated as Sec. 52.1222 and the section
heading and paragraph (a) are revised to read as follows:
Sec. 52.1222 Original Identification of plan section.
(a) This section identifies the original ``Air Implementation Plan
for the State of Minnesota'' and all revisions submitted by Minnesota
that were federally approved prior to December 1, 2004.
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[FR Doc. 05-17203 Filed 8-29-05; 8:45 am]
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