[Federal Register: March 4, 2008 (Volume 73, Number 43)]
[Rules and Regulations]
[Page 11560-11561]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04mr08-17]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2007-0324; EPA-R03-OAR-2007-0476; EPA-R03-OAR-2007-0344;
FRL-8536-6 ]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation of 8-Hour Ozone Nonattainment Areas to
Attainment and Approval of the Areas' Maintenance Plans and 2002 Base-
Year Inventories; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendment.
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SUMMARY: This document corrects an error in the preamble language of
the final rules pertaining to EPA's approval of the redesignation of
Erie, Youngstown, and Cambria 8-hour ozone nonattainment areas to
attainment, maintenance plans, and 2002 base year inventories submitted
by the Commonwealth of Pennsylvania.
DATES: Effective Date: March 4, 2008.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182 or by e-
mail at quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or
``our'' are used we mean EPA. On January 14, 2008 (73 FR 2162), we
published a final rule correcting final rules for Erie and Youngstown
Areas. On August 1, 2007 (72 FR 41905), we published a final rulemaking
action announcing our approval and promulgation of Pennsylvania's
redesignation of the Cambria 8-hour ozone nonattainment area to
attainment and approval of the associated maintenance plan and 2002
base year inventory. In these documents, EPA inadvertently printed the
incorrect categories of volatile organic compound (VOC) and nitrogen
oxide (NOX) in a table entitled ``Adequate and Approved
Motor Vehicle Emission Budgets (MVEBs).'' This action corrects the
tables in the final rulemaking actions correcting the categories of VOC
and NOX for the MVEBs for Erie, Youngstown, and Cambria
Areas.
Corrections
(1) Erie County, Pennsylvania Ozone Nonattainment Area (Erie Area).
In rule document E8-277, on page 2162, the table is corrected as
follows:
Adequate and Approved Motor Vehicle Emissions Budgets in Tons per Day
(TPD)
------------------------------------------------------------------------
Budget year VOC NOX
------------------------------------------------------------------------
2009.................................................... 6.9 16.1
2018.................................................... 4.5 7.3
------------------------------------------------------------------------
(2) Mercer County Portion of the Youngstown-Warren-Sharon, OH-PA
Ozone Nonattainment Area (Youngstown Area).
In rule document E8-277, on page 2163, the table is corrected as
follows:
Adequate and Approved Motor Vehicle Emissions Budgets in Tons per Day
(TPD)
------------------------------------------------------------------------
Budget year VOC NOX
------------------------------------------------------------------------
2009.................................................... 4.5 11.6
2018.................................................... 3.0 5.3
------------------------------------------------------------------------
(3) Johnstown (Cambria County) Ozone Nonattainment Area (Cambria
Area).
In rule document E7-14745, on page 41905, the table is corrected as
follows:
Adequate and Approved Motor Vehicle Emissions Budgets in Tons per Day
(TPD)
------------------------------------------------------------------------
Budget year VOC NOX
------------------------------------------------------------------------
2009.................................................... 3.8 5.6
2018.................................................... 2.3 2.7
------------------------------------------------------------------------
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 this rule is not
substantive and imposes no regulatory requirements, but merely corrects
a 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).
Statutory and Executive Order Reviews
Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993),
this action is not a ``significant regulatory
[[Page 11561]]
action'' and is therefore not subject to review by the Office of
Management and Budget. For this reason, this action is also not subject
to Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)). Because the agency has made a ``good cause'' finding
that this action is not subject to notice-and-comment requirements
under the Administrative Procedures 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 governments, as specified
by 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 approves a state rule implementing a Federal standard.
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
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.).
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 had made such a good cause finding, including
the reasons therefore, and established an effective date of March 4,
2008. 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 tables on
the MVEBs for Erie, Youngstown, and Cambria, Pennsylvania are not
``major rules'' as defined by 5 U.S.C. 804(2).
Dated: February 21, 2008.
Donald S. Welsh,
Regional Administrator, EPA Region III.
[FR Doc. E8-4036 Filed 3-3-08; 8:45 am]
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