[Federal Register Volume 75, Number 165 (Thursday, August 26, 2010)]
[Rules and Regulations]
[Pages 52470-52472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21114]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2007-0113-200709(c); FRL-9193-5]
Approval and Promulgation of Implementation Plans Georgia: State
Implementation Plan Revision; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendment.
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SUMMARY: On February 9, 2010, EPA published a direct final rule
approving revisions to the Georgia State Implementation Plan submitted
by the Georgia Environmental Protection Division on September 26, 2006,
with a clarifying revision submitted on November 6, 2006. This action
corrects a typographical error in the regulatory text in Table (c) of
the aforementioned Federal Register notice.
DATES: This action is effective August 26, 2010.
ADDRESSES: Copies of the documentation used in the action being
corrected are available for inspection during normal business hours at
the following location: U.S. Environmental Protection Agency, Region 4,
61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Ms. Lynorae Benjamin, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Ms. Benjamin can be
reached at 404-562-9040, or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION: This action corrects a typographical error
in the regulatory language for an entry that appears in Table (c) of
Georgia's Identification of Plan section at 40 CFR 52.570. The direct
final action which approved the addition of new rule 391-3-
1-.02(2)(rrr), ``NOX Emissions from Small Fuel-Burning
Equipment,'' was approved by EPA on February 9, 2010 (75 FR 6309).
However, EPA inadvertently listed new rule (rrr) as being revised,
rather than added as a new entry, in Table (c). Therefore, EPA is
correcting this typographical error by clarifying that rule 391-3-
1-.02(2)(rrr) is being added as a new entry to Table (c)--EPA Approved
Georgia Regulations.
EPA has determined that today's action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation where public notice and
comment procedures are impracticable, unnecessary, or contrary to the
public interest. Public notice and comment for this action are
unnecessary because today's action to clarify the addition of new rule
391-3-1-.02(2)(rrr), in Table (c) of the rulemaking, has no substantive
impact on EPA's February 9, 2010, approval of this regulation. In
addition, EPA can identify no particular reason why the public would be
interested in being notified of the correction of this table entry, or
in having the opportunity to comment on the correction prior to this
action being finalized, since this correction action does not change
the meaning of EPA's analysis or action to approve the addition of rule
391-3-1-.-2(2)(rrr) to the Georgia SIP.
EPA also finds that there is good cause under APA section 553(d)(3)
for this correction to become effective on the date of publication of
this action. Section 553(d)(3) of the APA allows an effective date less
than 30 days after publication ``as otherwise provided by the agency
for good cause found and published with the rule.'' 5 U.S.C. 553(d)(3).
The purpose of the 30-day waiting period prescribed in APA section
553(d)(3) is to give affected parties a reasonable time to adjust their
behavior and prepare before the final rule takes effect. Today's rule,
however, does not create any new regulatory requirements such that
affected parties would need time to prepare before the rule takes
effect. Rather, today's rule merely corrects a typographical error in
[[Page 52471]]
Table (c) of a prior rule by clarifying the addition, rather than the
revision, of rule 391-3-1-.02(2)(rrr), which EPA approved on February
9, 2010. For these reasons, EPA finds good cause under APA section
553(d)(3) for this correction to become effective on the date of
publication of this action.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is 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). This action
merely corrects a typographical error in Table (c) of a prior rule by
identifying the addition of new rule 391-3-1-.02(2)(rrr), in a
regulation which EPA approved on February 9, 2010, and imposes no
additional requirements beyond those imposed by state law. Accordingly,
the Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
merely corrects an inadvertent error in Table (c) of a prior rule, and
does not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
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). This rule also does not have Federalism
implications because it does not 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 merely corrects a typographical
error in Table (c) of a prior rule by identifying the addition of new
rule 391-3-1-.02(2)(rrr), in a regulation which EPA approved on
February 9, 2010, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act (CAA). This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant. In addition, this rule 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. This rule also does not impose an information collection
burden under the provisions of 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. 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 25, 2010. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: August 16, 2010.
J. Scott Gordon,
Acting Regional Administrator, Region 4.
0
40 CFR part 52 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 L--Georgia
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2. Section 52.570(c) is amended by adding an entry for ``391-3-
1-.02(2)(rrr)'' to read as follows:
Sec. 52.570 Identification of plan.
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(c) * * *
EPA Approved Georgia Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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* * * * * * *
391-3-1-.02(2)(rrr).............. NOX Emissions from 3/27/06 8/26/10 [Insert
Small Fuel-Burning citation of
Equipment. publication].
* * * * * * *
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[[Page 52472]]
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[FR Doc. 2010-21114 Filed 8-25-10; 8:45 am]
BILLING CODE 6560-50-P