Approval and Promulgation of Air Quality Implementation Plans: Indiana; Correction

Federal Register: February 3, 2010 (Volume 75, Number 22)

Rules and Regulations

Page 5514-5515

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr03fe10-9

ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52

EPA-R05-OAR-2009-0771; FRL-9108-7

Approval and Promulgation of Air Quality Implementation Plans;

Indiana; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

SUMMARY: This document corrects an error in the amendatory instruction in a November 20, 2009 final rule pertaining to the Indiana State

Implementation Plan (SIP) revision updating the definition of

``References to the Code of Federal Regulations,'' to refer to the 2008 edition. The amendatory instruction in that rulemaking conflicts with the actual amendment language. EPA, therefore, is correcting the erroneous amendatory instructions.

DATES: Effective Date: This final rule is effective on February 3, 2010.

FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental

Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),

Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604, (312) 353-8328, panos.christos@epa.gov.

SUPPLEMENTARY INFORMATION: EPA published a final rule document on

November 20, 2009, (74 FR 60197) approving Indiana's request to revise the Indiana SIP by updating the definition of ``References to the Code of Federal Regulations,'' to refer to the 2008 edition. In this approval EPA erroneously identified the paragraph being added to 40 CFR 52.770. The amendatory instruction in that rulemaking conflicts with the actual amendment language. The amendatory language says to add paragraph (c)(192), but the actual language being added is for paragraph (c)(191). Therefore, the amendatory instruction should have referred to paragraph (c)(191).

Correction

In the final rule published in the Federal Register on November 20, 2009, (74 FR 60197), on page 60199, second column, in amendatory instruction 2, in the second line, ``* * * adding paragraph (c)(192) *

* *'' should have read: ``* * * adding paragraph (c)(191) * * *''.

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).

Statutory and Executive Order Reviews

Under Executive Order (E.O.) 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. 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 is not economically significant.

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 February 3, 2010. 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. This correction to 40 CFR 52 for

Indiana is not a ``major rule'' as defined by 5 U.S.C. 804(2).

Page 5515

Dated: January 22, 2010.

Walter W. Kovalick, Jr.,

Acting Regional Administrator, Region 5. 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 P--Indiana

Sec. 52.770 [Amended] 0 2. Section 52.770 is amended by redesignating paragraph (c)(192) as paragraph (c)(191).

FR Doc. 2010-2248 Filed 2-2-10; 8:45 am

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