[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Rules and Regulations]
[Page 77517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30199]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 58
[EPA-HQ-OAR-2006-0735; FRL-8754-9]
RIN 2060-AN83
National Ambient Air Quality Standards for Lead
AGENCY: Environmental Protection Agency (EPA).
ACTION: Correcting amendment.
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SUMMARY: The EPA issued a final rule on November 12, 2008 (effective
date January 12, 2009) that revised the National Ambient Air Quality
Standard (NAAQS) for lead (Pb) and associated monitoring requirements.
This document makes a minor correction to the November 12, 2008, action
to correct a typographical error in the regulatory text for the rule.
DATES: This correction is effective January 12, 2009.
FOR FURTHER INFORMATION CONTACT: Mr. Kevin Cavender, Air Quality
Assessment Division (C304-06), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711; telephone number: (919) 541-2364; fax
number: (919) 541-1903; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The EPA issued a final rule on November 12, 2008 (effective date
January 12, 2009) that revised the NAAQS for Pb and associated Pb
monitoring requirements. As part of the Pb monitoring requirements,
monitoring agencies are required to develop a plan for establishing Pb
monitoring sites in accordance with the requirements of appendix D of
Part 58. A number of requirements for this plan were listed including
the identification of (1) the designation of any Pb monitors as either
source-oriented or non-source-oriented according to Appendix D to 40
CFR part 58, (2) any source-oriented monitors for which a waiver has
been requested or granted by the EPA Regional Administrator as allowed
for under paragraph 4.5(a)(ii) of Appendix D to 40 CFR part 58, and (3)
any source-oriented or non-source-oriented site for which a waiver has
been requested or granted by the EPA Regional Administrator for the use
of Pb-PM10 monitoring in lieu of Pb-TSP monitoring as
allowed for under paragraph 2.10 of Appendix C to 40 CFR Part 58. These
requirements were correctly included in the amended regulatory text for
40 CFR Part 58 in the final rule. In describing the amendments to the
existing regulatory text, EPA accurately included a reference adding
paragraph 58.10 (b)(9) (which contains the first requirement identified
above). Although the notice included the text of paragraphs 58.10
(b)(10) and (b)(11) (which contain the second and third requirements
identified above), EPA inadvertently failed to specify that these
paragraphs were also being added to the existing regulatory text in the
amendatory language.
Need for Correction
As published, the regulatory text in the final regulation contains
a minor error that, if not corrected, would result in an error in the
publication of the regulatory amendment in the Code of Federal
Regulations. This action merely addresses an error in describing how
the CFR regulatory text is amended, and not the amended regulatory text
itself. Thus it is proper to issue this action with out notice and
comment. Section 553 of the Administrative Procedure Act (APA), 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 this action final
without prior proposal and opportunity for comment because the change
to the rule is a minor technical correction, is non-controversial, and
does not substantively change the agency actions taken in the final
rule. We similarly have determined there is good cause for making this
rule effective January 12, 2009, because that is the same day the
revisions to the Pb NAAQS and the monitoring requirements become
effective under the rule published November 12, 2008.
Corrections of Publication
The EPA issued a final rule on November 12, 2008 that revised the
NAAQS for Pb and associated monitoring requirements. Instruction 15 on
how the Code of Federal Regulations is amended inadvertently failed to
identify two paragraphs as amendments to 40 CFR 58.10. As published in
the November 12, 2008 final rule, instruction 15 reads as follows:
``15. Section 58.10, is amended by added paragraph subsections
(a)(4) and adding paragraph (b)(9) to read as follows:''
In FR Doc. E8-25654 published November 12, 2008 (73 FR 66964), make
the following correction. On page 67059, in the center column,
amendatory instruction 15 is corrected to read as follows:
``15. Section 58.10, is amended by adding paragraph (a)(4) and
adding paragraphs (b)(9) through (b)(11) to read as follows:''
List of Subjects in 40 CFR Part 58
Environmental protection, Air pollution control, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: December 12, 2008.
Robert J. Meyers,
Principal Deputy Assistant Administrator, Office of Air and Radiation.
[FR Doc. E8-30199 Filed 12-18-08; 8:45 am]
BILLING CODE 6560-50-P