Approval and Promulgation of Implementation Plans; Alabama; Nitrogen Oxides Budget and Allowance Trading Program, Phase II; Correcting Amendment, 43978-43979 [E6-12471]
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43978
Federal Register / Vol. 71, No. 149 / Thursday, August 3, 2006 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2005–AL–0001–200520c;
FRL–8205–2]
Approval and Promulgation of
Implementation Plans; Alabama;
Nitrogen Oxides Budget and
Allowance Trading Program, Phase II;
Correcting Amendment
Environmental Protection
Agency (EPA).
ACTION: Final rule; correcting
amendment.
AGENCY:
SUMMARY: This action corrects the state
effective date for an Alabama regulation
that was approved by EPA on December
28, 2005, in connection with our
approval of Alabama’s Nitrogen Oxide
State Implementation Plan (NOX SIP
Call) Phase II submittal, and that
appears in Alabama’s Identification of
Plan section of the Code of Federal
Regulations (CFR).
DATES: This action is effective August 3,
2006.
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.
rwilkins on PROD1PC63 with RULES
FOR FURTHER INFORMATION CONTACT:
Stacy DiFrank, 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. The
telephone number is (404) 562–9042.
Ms. DiFrank can also be reached via
electronic mail at
difrank.stacy@epa.gov.
SUPPLEMENTARY INFORMATION: This
action corrects the state effective date
for an Alabama regulation that appears
in Alabama’s Identification of Plan
section at 40 CFR 52.50(c). The
regulation, Alabama Chapter 335–3–8–
.04 (control of nitrogen oxide
emissions), was approved by EPA on
December 28, 2005, in connection with
our approval of Alabama’s NOX SIP Call
Phase II submittal (70 FR 76694).
However, in the regulatory text of the
final rule approving this regulation, EPA
inadvertently omitted the state effective
date for the regulation (70 FR 76697).
Today, EPA is correcting this
VerDate Aug<31>2005
16:16 Aug 02, 2006
Jkt 208001
inadvertent error by inserting the state
effective date for the regulation into
Alabama’s Identification of Plan section
of the Code of Federal Regulations at 40
CFR 52.50(c).
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 identify, in the
Code of Federal Regulations, the state
effective date of Alabama’s regulation
has no substantive impact on EPA’s
December 28, 2005, approval of this
regulation in connection with our
approval of Alabama’s NOX SIP Call
Phase II submittal. The omission of the
state effective date for the regulation in
the regulatory text of EPA’s final rule
published on December 28, 2005, makes
no substantive difference to EPA’s
analysis as set out in that rule because
EPA was aware at the time of our
approval that the state regulation at
issue was effective on March 22, 2005.
In addition, EPA can identify no
particular reason why the public would
be interested in being notified of the
correction of this omission, 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 the
regulation at issue or otherwise change
EPA’s analysis of Alabama’s NOX SIP
Call Phase II submittal. See, 70 FR
76694.
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 an inadvertent error of
omission in the regulatory text of a prior
rule by identifying the state effective
date for the Alabama regulation which
EPA approved on December 28, 2005.
For these reasons, EPA finds good cause
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
under APA section 553(d)(3) for this
correction to become effective on the
date of publication of this action.
IV. 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 an
inadvertent error of omission in the
regulatory text of a prior rule by
identifying the state effective date for a
Alabama regulation which EPA
approved on December 28, 2005, and it
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 of omission
in the regulatory text of a prior rule by
identifying the state effective date for an
Alabama regulation which EPA
approved on December 28, 2005, 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 an inadvertent error of omission
in the regulatory text of a prior rule by
identifying the state effective date for an
Alabama regulation which EPA
approved on December 28, 2005, and
does not alter the relationship or the
distribution of power and
E:\FR\FM\03AUR1.SGM
03AUR1
43979
Federal Register / Vol. 71, No. 149 / Thursday, August 3, 2006 / Rules and Regulations
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 2, 2006. 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, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: July 14, 2006.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart B—Alabama
2. Section 52.50(c) is amended by
revising entry for ‘‘Section 335–3–8.04’’
to read as follows:
I
§ 52.50
*
Identification of plan.
*
*
(c) * * *
*
*
EPA—APPROVED ALABAMA REGULATIONS
State citation
*
*
*
Section 335–3–8–.04 .......
*
*
*
*
Chapter 335–3–8
*
*
*
[FR Doc. E6–12471 Filed 8–2–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2006–0571, FRL–8204–8]
Approval and Promulgation of
Implementation Plans for Arizona;
Maricopa County PM–10
Nonattainment Area; Serious Area Plan
for Attainment of the 24-Hour and
Annual PM–10 Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
rwilkins on PROD1PC63 with RULES
AGENCY:
EPA is taking final action
under the Clean Air Act (CAA) to
approve the Best Available Control
Measure (BACM) and the Most Stringent
SUMMARY:
VerDate Aug<31>2005
16:16 Aug 02, 2006
Jkt 208001
*
03/22/05
*
Effective Date: This rule is
effective on September 5, 2006.
DATES:
Frm 00025
Fmt 4700
Sfmt 4700
Explanation
*
*
12/28/05 (70 FR 76694).
*
Measure (MSM) demonstrations in the
serious area particulate matter (PM–10)
plan for the Maricopa County portion of
the metropolitan Phoenix (Arizona)
nonattainment area (Maricopa County
area). EPA is also granting Arizona’s
request to extend the attainment
deadline from 2001 to 2006. EPA
originally approved these
demonstrations and granted the
extension request on July 25, 2002.
Thereafter EPA’s action was challenged
in the U.S. Court of Appeals for the
Ninth Circuit. In response to the Court’s
remand, EPA has reassessed the BACM
demonstration for the significant source
categories of on-road motor vehicles and
nonroad engines and equipment
exhaust, specifically regarding whether
or not California Air Resources Board
(CARB) diesel is a BACM. EPA has also
reassessed the MSM demonstration.
PO 00000
EPA approval date
*
*
Control of Nitrogen Oxide Emissions
*
*
*
Standards for Stationary Reciprocating Internal
Combustion Engines.
*
*
State effective
date
Title/subject
*
*
*
*
You can inspect copies of
the docket for this action at EPA’s
Region IX office during normal business
hours by appointment at the following
locations: Environmental Protection
Agency, Region IX, 75 Hawthorne
Street, San Francisco, CA 94105–3901.
Air and Radiation Docket and
Information Center, U.S. Environmental
Protection Agency, Room B–102, 1301
Constitution Avenue, NW., (Mail Code
6102T), Washington, DC 20460.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Doris Lo, EPA Region IX, (415) 972–
3959, lo.doris@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
I. Summary of Proposed Action
On July 1, 2005, EPA proposed to reapprove the BACM and MSM
demonstrations in the Maricopa County
E:\FR\FM\03AUR1.SGM
03AUR1
]]>Agencies
[Federal Register Volume 71, Number 149 (Thursday, August 3, 2006)]
[Rules and Regulations]
[Pages 43978-43979]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12471]
[[Page 43978]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2005-AL-0001-200520c; FRL-8205-2]
Approval and Promulgation of Implementation Plans; Alabama;
Nitrogen Oxides Budget and Allowance Trading Program, Phase II;
Correcting Amendment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This action corrects the state effective date for an Alabama
regulation that was approved by EPA on December 28, 2005, in connection
with our approval of Alabama's Nitrogen Oxide State Implementation Plan
(NOX SIP Call) Phase II submittal, and that appears in
Alabama's Identification of Plan section of the Code of Federal
Regulations (CFR).
DATES: This action is effective August 3, 2006.
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: Stacy DiFrank, 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. The telephone number is (404)
562-9042. Ms. DiFrank can also be reached via electronic mail at
difrank.stacy@epa.gov.
SUPPLEMENTARY INFORMATION: This action corrects the state effective
date for an Alabama regulation that appears in Alabama's Identification
of Plan section at 40 CFR 52.50(c). The regulation, Alabama Chapter
335-3-8-.04 (control of nitrogen oxide emissions), was approved by EPA
on December 28, 2005, in connection with our approval of Alabama's
NOX SIP Call Phase II submittal (70 FR 76694). However, in
the regulatory text of the final rule approving this regulation, EPA
inadvertently omitted the state effective date for the regulation (70
FR 76697). Today, EPA is correcting this inadvertent error by inserting
the state effective date for the regulation into Alabama's
Identification of Plan section of the Code of Federal Regulations at 40
CFR 52.50(c).
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 identify, in the Code of Federal
Regulations, the state effective date of Alabama's regulation has no
substantive impact on EPA's December 28, 2005, approval of this
regulation in connection with our approval of Alabama's NOX
SIP Call Phase II submittal. The omission of the state effective date
for the regulation in the regulatory text of EPA's final rule published
on December 28, 2005, makes no substantive difference to EPA's analysis
as set out in that rule because EPA was aware at the time of our
approval that the state regulation at issue was effective on March 22,
2005. In addition, EPA can identify no particular reason why the public
would be interested in being notified of the correction of this
omission, 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 the regulation at issue or otherwise change
EPA's analysis of Alabama's NOX SIP Call Phase II submittal.
See, 70 FR 76694.
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 an inadvertent error of
omission in the regulatory text of a prior rule by identifying the
state effective date for the Alabama regulation which EPA approved on
December 28, 2005. 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.
IV. 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 an inadvertent error of omission in the regulatory text
of a prior rule by identifying the state effective date for a Alabama
regulation which EPA approved on December 28, 2005, and it 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 of omission in the regulatory text
of a prior rule by identifying the state effective date for an Alabama
regulation which EPA approved on December 28, 2005, 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 an inadvertent
error of omission in the regulatory text of a prior rule by identifying
the state effective date for an Alabama regulation which EPA approved
on December 28, 2005, and does not alter the relationship or the
distribution of power and
[[Page 43979]]
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 2, 2006. 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, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: July 14, 2006.
J.I. Palmer, Jr.,
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 B--Alabama
0
2. Section 52.50(c) is amended by revising entry for ``Section 335-3-
8.04'' to read as follows:
Sec. 52.50 Identification of plan.
* * * * *
(c) * * *
EPA--Approved Alabama Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Chapter 335-3-8 Control of Nitrogen Oxide Emissions
* * * * * * *
Section 335-3-8-.04................. Standards for Stationary 03/22/05 12/28/05 (70 FR 76694)................
Reciprocating Internal
Combustion Engines.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E6-12471 Filed 8-2-06; 8:45 am]
BILLING CODE 6560-50-P
