Approval and Promulgation of Air Quality Implementation Plans; State of Utah; State Implementation Plan Corrections, 19383-19385 [E7-7201]

Download as PDF Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Rules and Regulations 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701–44702, 44705, 44709– 44711, 44713, 44716–44717, 44722, 46105, grants authority to the Administrator to publish this notice. The final rule (72 FR 6884) became effective on March 15, 2007, and the compliance date for information collection requirements in 14 CFR 91.146, 91.147, 136.7, and 136.13 is April 18, 2007. Fiscal Year 2003 to provide educational assistance to dependents eligible for transferred Montgomery GI Bill-Active Duty entitlement. In that document, we assigned the wrong paragraph designations for three paragraphs in § 21.7136(d)(6). This document corrects that error by redesignating paragraphs (d)(6)(v) through (d)(6)(vii) as paragraphs (d)(6)(i) through (d)(6)((iii), respectively. Issued in Washington, DC, on April 12, 2007. Pamela Hamilton-Powell, Director, Office of Rulemaking. [FR Doc. E7–7300 Filed 4–17–07; 8:45 am] List of Subjects in 38 CFR Part 21 Administrative practice and procedure, Armed forces, Civil rights, Claims, Colleges and universities, Conflicts of interest, Education, Employment, Grant programseducation, Grant programs-veterans, Health care, Loan programs-education, Loan programs-veterans, Manpower training programs, Reporting and recordkeeping requirements, Schools, Travel and transportation expenses, Veterans, Vocational education, Vocational rehabilitation. BILLING CODE 4910–13–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 21 RIN 2900–AM12 Veterans’ Education: Transfer of Montgomery GI Bill-Active Duty Entitlement to Dependents; Correction Department of Veterans Affairs. Correcting amendment. AGENCY: ACTION: SUMMARY: The Department of Veterans Affairs (VA) published a document in the Federal Register on December 18, 2006 (71 FR 75672), implementing VA’s authority under the National Defense Authorization Act for Fiscal Year 2002 and the Bob Stump National Defense Authorization Act for Fiscal Year 2003 to provide educational assistance to dependents eligible for transferred Montgomery GI Bill—Active Duty (MGIB) entitlement. In that document, we assigned the wrong paragraph designations to three paragraphs in § 21.7136(d)(6). This document corrects that error. DATES: Effective Date: April 18, 2007. Applicability Date: December 18, 2006. FOR FURTHER INFORMATION CONTACT: Devon E. Seibert, Management and Program Analyst, Education Service, Veterans Benefits Administration, Department of Veterans Affairs (225C), 810 Vermont Avenue, NW., Washington, DC 20420, (202) 273–9677. (This is not a toll-free telephone number.) The VA published a document in the Federal Register on December 18, 2006, 72 FR 75672, revising its education regulations to implement VA’s authority under the National Defense Authorization Act for Fiscal Year 2002 and the Bob Stump National Defense Authorization Act for rmajette on PROD1PC67 with RULES SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 15:35 Apr 17, 2007 Jkt 211001 Approved: April 12, 2007. William F. Russo, Director of Regulations Management. For the reasons set out in the preamble, VA is correcting 38 CFR part 21 (subpart K) as set forth below: I PART 21—VOCATIONAL REHABILITATION AND EDUCATION Subpart K—All Volunteer Force Educational Assistance Program (Montgomery GI Bill—Active Duty) 1. The authority citation for part 21, subpart K continues to read as follows: I Authority: 38 U.S.C. 501(a), chs. 30, 36, unless otherwise noted. 2. Amend § 21.7136 by redesignating paragraphs (d)(6)(v) through (d)(6)(vii) as (d)(6)(i) through (d)(6)(iii), respectively. I [FR Doc. E7–7338 Filed 4–17–07; 8:45 am] BILLING CODE 8320–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R08–OAR–2005–UT–0001; UT–001– 0052a; EPA–R08–OAR–2006–0564; EPA– R08–OAR–2005–UT–0006; FRL–8300–1] Approval and Promulgation of Air Quality Implementation Plans; State of Utah; State Implementation Plan Corrections Environmental Protection Agency (EPA). AGENCY: PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 ACTION: 19383 Final rule; technical corrections. SUMMARY: When EPA approved Utah’s Rule Recodification on February 14, 2006, we inadvertently incorporated by reference rules into the State Implementation Plan (SIP). When EPA approved Utah’s Continuous Emission Monitoring Program on May 15, 2003, we inadvertently failed to remove the older version of the Continuous Emission Monitoring Program rule from the SIP. When EPA approved Revisions to the Utah Administrative Code on November 1, 2006, we inadvertently incorporated by reference incorrect state rules. Finally, when EPA approved Carbon Monoxide provisions for Provo, we inadvertently failed to remove the older version of Control Measures For Area and Point Sources—Carbon Monoxide—Provo. EPA is correcting these errors with this document. DATES: This rule is effective on May 18, 2007. FOR FURTHER INFORMATION CONTACT: Kerri Fiedler, Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P– AR, 1595 Wynkoop Street, Denver, Colorado 80202–1129, phone (303) 312– 6493, and e-mail at: fiedler.kerri@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Correction a. Rule Recodification b. Continuous Emission Monitoring Program c. Revisions to the Utah Administrative Code d. Carbon Monoxide Provisions for Provo II. Statutory and Executive Order Reviews Definitions For the purpose of this document, we are giving meaning to certain words or initials as follows: (i) The words or initials Act or CAA mean or refer to the Clean Air Act, unless the context indicates otherwise. (ii) The words EPA, we, us or our mean or refer to the United States Environmental Protection Agency. (iii) The initials SIP mean or refer to State Implementation Plan. (iv) The word State means the State of Utah, unless the context indicates otherwise. Section 553 of the Administrative Procedures Act, 5 U.S.C. 553(b)(B) and (d)(3), provides that, when an agency for good cause finds that notice and public procedures are impracticable, unnecessary or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comments. E:\FR\FM\18APR1.SGM 18APR1 19384 Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Rules and Regulations Section 553(d)(3) provides that prior notice is not required with good cause. 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 incorrect text in previous rulemakings. Thus, notice and public comment procedures are unnecessary. We find that this constitutes good cause under 5 U.S.C. 553(b)(B) and (d)(3). I. Correction a. Rule Recodification On November 2, 2005 (70 FR 66264), EPA approved the removal of Rule R307–301 from the Federally-approved SIP as part of Utah’s Redesignation of Provo to Attainment of the Carbon Monoxide standard. When EPA approved Utah’s Rule Recodification on February 14, 2006 (71 FR 7679), Rules R307–301–1, R307–301–2, and R307– 301–4 through R307–301–14 were inadvertently incorporated by reference back into Utah’s federally-approved SIP. This corrections rule simply removes the following from 40 CFR 52.2320(c)(59)(i)(A): ‘‘R307–301–1, R307–301–2, and R307–301–4 through R307–301–14 effective November 12, 1998.’’ Furthermore, on February 14, 2006 (71 FR 7679), EPA inadvertently incorporated by reference Rule R307– 302–2(4). In the proposed rule on October 13, 2005 (70 FR 59681), page 59684 clearly states EPA is approving Rule R307–302 with the exception of rule section R307–302–2(4). Currently 40 CFR 52.2320(c)(59)(i)(A) contains the following phrase: ‘‘R307–302–1, R307– 302–2 and R307–302–4 effective September 15, 1998.’’ This corrections rule simply revises the phrase to read as follows: ‘‘R307–302–1, R302–302–2 (except paragraph (4)) and R307–302–4 effective September 15, 1998.’’ rmajette on PROD1PC67 with RULES b. Continuous Emission Monitoring Program On December 14, 1994 (59 FR 64326), EPA approved Rule R307–1–4.06, ‘‘Continuous Emission Monitoring Systems Program (CEMSP).’’ When EPA approved a revision to Utah’s Continuous Emission Monitoring Program (CEM), Rule R307–170 on May 15, 2003 (68 FR 26210), Rule R307–1– 4.06 was superseded and replaced but was not removed from Utah’s federallyapproved SIP. This action simply removes Rule R307–1–4.06 from Utah’s federally-approved SIP. VerDate Aug<31>2005 15:35 Apr 17, 2007 Jkt 211001 c. Revisions to the Utah Administrative Code On November 1, 2006 (71 FR 64125), EPA approved changes to Rules R307– 170–7(1); R307–170–4; R307–170–5(7); R307–170–7(6), R307–170–7(6)(a) and (b); and R307–170–9 sections (5)(a) and (b), (6)(b), (7)(b), and (9)(a). There is a typographical error and Rule R307–170– 9(5)(b) should have been Rule R307– 170–9(5)(d), which removes a duplicate ‘‘and’’ from Utah’s rule. In addition, revisions to Rules R307–170–5(1)(b) and R307–170–9(7)(a)(i) should have been included in the November 1, 2006 approval. Rule R307–170–5(1)(b) deletes an ‘‘a’’ and adds an ‘‘A’’. Rule R307– 170–9(7)(a)(i) deletes a space and adds a dash (‘‘-’’). Currently 40 CFR 52.2320(c)(64)(i)(A) reads: ‘‘Utah Administrative Code sections: R307– 170–7(1); 307–170–4; R307–170–5(7); R307–170–7(6); R307–170–7(6)(a) and (b); and in R307–170–9 sections (5)(a) and (b), (6)(b), (7)(b), and (9)(a); effective January 5, 2006.’’ This action simply corrects 40 CFR 52.2320(c)(64)(i)(A) to read as follows: ‘‘Utah Administrative Code sections: R307–170–7(1); 307– 170–4; R307–170–5(1)(b); R307–170– 5(7); R307–170–7(6); R307–170–7(6)(a) and (b); and in R307–170–9 sections (5)(a) and (d), (6)(b), (7)(a)(i), (7)(b), and (9)(a); effective January 5, 2006.’’ d. Carbon Monoxide Provisions for Provo On June 25, 2003 (68 FR 37744), EPA approved Utah SIP Control Measures for Area and Point Sources—Carbon Monoxide—Provo—Section IX.C.6. When EPA approved Section IX.C.6— Carbon Monoxide Provisions for Provo on November 2, 2005 (70 FR 66264) EPA inadvertently failed to remove the older SIP Section IX.C.6 from Utah’s federally-approved SIP. This action simply removes the June 25, 2003 approved version of Utah SIP Control Measures for Area and Point Sources— Carbon Monoxide—Provo—Section IX.C.6 from Utah’s federally-approved SIP because it has been replaced by a newer version. II. 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). Because the agency has made PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 a ‘‘good cause’’ finding that this action is not subject to notice-and-comment requirements under the Administrative Procedure Act or any other statute as indicated in the Supplementary Information section above, it is not subject to the 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, 209 Stat. 48 (1995)). 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 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 action 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 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 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. This 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 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’’ issues under the Executive Order. This ruled does not impose an E:\FR\FM\18APR1.SGM 18APR1 Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Rules and Regulations information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The Congressional Review Act (CRA), 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 comment procedures are 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 has made such a good cause finding, including the reasons therefore, and established an effective date of May 18, 2007. 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 identification of plan for Utah are not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). 2 (except paragraph (4)) and R307–302– 4 effective September 15, 1998.’’ I b. By revising paragraph (c)(64)(i)(A) as follows: § 52.2320 Identification of plan. * * * * * (c) * * * (64) * * * (i) * * * (A) Utah Administrative Code sections: R307–170–7(1); 307–170–4; R307–170–5(1)(b); R307–170–5(7); R307–170–7(6); R307–170–7(6)(a) and (b); and in R307–170–9 sections (5)(a) and (d), (6)(b), (7)(a)(i), (7)(b), and (9)(a); effective January 5, 2006. I 3. Section 52.2352 is amended by adding paragraph (f) to read as follows: § 52.2352 Change to approved plan. * * * * * (f) Utah Administrative Code (UAC) rule R307–1–4.06, Continuous Emission Monitoring Systems Program (CEMSP), is removed from Utah’s approved State Implementation Plan (SIP). This rule has been superseded and replaced by rule R307–170, Continuous Emission Monitoring Program. [FR Doc. E7–7201 Filed 4–17–07; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 19385 is Docket ID No. EPA–HQ–OAR–2004– 0094. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., confidential business information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the EPA Docket Center, Docket ID No. EPA–HQ–OAR–2004–0094, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the EPA Docket Center is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: Mr. Rick Colyer, U.S. EPA Office of Air Quality Planning and Standards, Sector Policies and Programs Division, Program Design Group (D205–02), Research Triangle Park, NC 27711; telephone number (919) 541–5262; fax number (919) 541–5600; e-mail address: colyer.rick@epa.gov. SUPPLEMENTARY INFORMATION: List of Subjects in 40 CFR Part 52 40 CFR Parts 63 and 65 I. General Information Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements. [EPA–HQ–OAR–2004–0094; FRL–8301–2] In addition to being available in the docket, an electronic copy of today’s notice of EPA’s decision denying CFASE’s petition for reconsideration will also be available on the WWW through the Technology Transfer Network (TTN). Following signature, a copy of this notice will be posted on the TTN’s policy and guidance page for newly promulgated rules at https:// www.epa.gov/ttn/oarpg. The TTN provides information and technology exchange in various areas of air pollution control. Outline. The information presented in this preamble is organized as follows: Dated: April 9, 2007. Kerrigan G. Clough, Acting Regional Administrator, Region VIII. Chapter I, title 40 of the Code of Federal Regulations is amended as follows: I 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 TT—UTAH 2. Section 52.2320 is amended as follows: I a. In paragraph (c)(59)(i)(A) by removing the phrase ‘‘R307–301–1, R307–301–2, and R307–301–4 through R307–301–14 effective November 12, 1998;’’ and by revising the phrase that reads ‘‘R307–302–1, R307–302–2 and R307–302–4 effective September 15, 1998’’ to read ‘‘R307–302–1, R302–302– rmajette on PROD1PC67 with RULES I VerDate Aug<31>2005 15:35 Apr 17, 2007 Jkt 211001 RIN 2060–AO40 National Emission Standards for Hazardous Air Pollutants: General Provisions: Notice of Decision Denying Petition for Reconsideration Environmental Protection Agency (EPA). ACTION: Notice of decision denying petition for reconsideration. AGENCY: SUMMARY: On April 20, 2006, EPA published final rules entitled, ‘‘National Emission Standards for Hazardous Air Pollutants: General Provisions.’’ Following that final action, the Administrator received a petition for reconsideration from Coalition for a Safe Environment (CFASE). CFASE’s petition for reconsideration can be found in the rulemaking docket under Docket ID No. EPA–HQ–OAR–2004–0094. After carefully considering the petition and information in the rulemaking docket, EPA is denying CFASE’s petition for reconsideration. The docket for EPA’s denial of CFASE’s petition for reconsideration ADDRESSES: PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 I. General Information II. Background Information III. Basis for Denial of Reconsideration II. Background Information On April 20, 2006, EPA issued certain amendments to the 40 CFR parts 63 and 65 startup, shutdown, and malfunction (SSM) general provisions requirements affecting sources subject to the National Emission Standards for Hazardous Air Pollutants (NESHAP). On June 19, 2006, EarthJustice filed a petition for review challenging those amendments in the E:\FR\FM\18APR1.SGM 18APR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 72, Number 74 (Wednesday, April 18, 2007)]
[Rules and Regulations]
[Pages 19383-19385]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7201]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2005-UT-0001; UT-001-0052a; EPA-R08-OAR-2006-0564; EPA-
R08-OAR-2005-UT-0006; FRL-8300-1]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Utah; State Implementation Plan Corrections

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical corrections.

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SUMMARY: When EPA approved Utah's Rule Recodification on February 14, 
2006, we inadvertently incorporated by reference rules into the State 
Implementation Plan (SIP). When EPA approved Utah's Continuous Emission 
Monitoring Program on May 15, 2003, we inadvertently failed to remove 
the older version of the Continuous Emission Monitoring Program rule 
from the SIP. When EPA approved Revisions to the Utah Administrative 
Code on November 1, 2006, we inadvertently incorporated by reference 
incorrect state rules. Finally, when EPA approved Carbon Monoxide 
provisions for Provo, we inadvertently failed to remove the older 
version of Control Measures For Area and Point Sources--Carbon 
Monoxide--Provo. EPA is correcting these errors with this document.

DATES: This rule is effective on May 18, 2007.

FOR FURTHER INFORMATION CONTACT: Kerri Fiedler, Air and Radiation 
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, phone (303) 312-
6493, and e-mail at: fiedler.kerri@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Correction
    a. Rule Recodification
    b. Continuous Emission Monitoring Program
    c. Revisions to the Utah Administrative Code
    d. Carbon Monoxide Provisions for Provo
II. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air 
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation Plan.
    (iv) The word State means the State of Utah, unless the context 
indicates otherwise.
    Section 553 of the Administrative Procedures Act, 5 U.S.C. 
553(b)(B) and (d)(3), provides that, when an agency for good cause 
finds that notice and public procedures are impracticable, unnecessary 
or contrary to the public interest, the agency may issue a rule without 
providing notice and an opportunity for public comments.

[[Page 19384]]

Section 553(d)(3) provides that prior notice is not required with good 
cause. 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 incorrect text in previous rulemakings. Thus, 
notice and public comment procedures are unnecessary. We find that this 
constitutes good cause under 5 U.S.C. 553(b)(B) and (d)(3).

I. Correction

a. Rule Recodification

    On November 2, 2005 (70 FR 66264), EPA approved the removal of Rule 
R307-301 from the Federally-approved SIP as part of Utah's 
Redesignation of Provo to Attainment of the Carbon Monoxide standard. 
When EPA approved Utah's Rule Recodification on February 14, 2006 (71 
FR 7679), Rules R307-301-1, R307-301-2, and R307-301-4 through R307-
301-14 were inadvertently incorporated by reference back into Utah's 
federally-approved SIP. This corrections rule simply removes the 
following from 40 CFR 52.2320(c)(59)(i)(A): ``R307-301-1, R307-301-2, 
and R307-301-4 through R307-301-14 effective November 12, 1998.''
    Furthermore, on February 14, 2006 (71 FR 7679), EPA inadvertently 
incorporated by reference Rule R307-302-2(4). In the proposed rule on 
October 13, 2005 (70 FR 59681), page 59684 clearly states EPA is 
approving Rule R307-302 with the exception of rule section R307-302-
2(4). Currently 40 CFR 52.2320(c)(59)(i)(A) contains the following 
phrase: ``R307-302-1, R307-302-2 and R307-302-4 effective September 15, 
1998.'' This corrections rule simply revises the phrase to read as 
follows: ``R307-302-1, R302-302-2 (except paragraph (4)) and R307-302-4 
effective September 15, 1998.''

b. Continuous Emission Monitoring Program

    On December 14, 1994 (59 FR 64326), EPA approved Rule R307-1-4.06, 
``Continuous Emission Monitoring Systems Program (CEMSP).'' When EPA 
approved a revision to Utah's Continuous Emission Monitoring Program 
(CEM), Rule R307-170 on May 15, 2003 (68 FR 26210), Rule R307-1-4.06 
was superseded and replaced but was not removed from Utah's federally-
approved SIP. This action simply removes Rule R307-1-4.06 from Utah's 
federally-approved SIP.

c. Revisions to the Utah Administrative Code

    On November 1, 2006 (71 FR 64125), EPA approved changes to Rules 
R307-170-7(1); R307-170-4; R307-170-5(7); R307-170-7(6), R307-170-
7(6)(a) and (b); and R307-170-9 sections (5)(a) and (b), (6)(b), 
(7)(b), and (9)(a). There is a typographical error and Rule R307-170-
9(5)(b) should have been Rule R307-170-9(5)(d), which removes a 
duplicate ``and'' from Utah's rule. In addition, revisions to Rules 
R307-170-5(1)(b) and R307-170-9(7)(a)(i) should have been included in 
the November 1, 2006 approval. Rule R307-170-5(1)(b) deletes an ``a'' 
and adds an ``A''. Rule R307-170-9(7)(a)(i) deletes a space and adds a 
dash (``-''). Currently 40 CFR 52.2320(c)(64)(i)(A) reads: ``Utah 
Administrative Code sections: R307-170-7(1); 307-170-4; R307-170-5(7); 
R307-170-7(6); R307-170-7(6)(a) and (b); and in R307-170-9 sections 
(5)(a) and (b), (6)(b), (7)(b), and (9)(a); effective January 5, 
2006.'' This action simply corrects 40 CFR 52.2320(c)(64)(i)(A) to read 
as follows: ``Utah Administrative Code sections: R307-170-7(1); 307-
170-4; R307-170-5(1)(b); R307-170-5(7); R307-170-7(6); R307-170-7(6)(a) 
and (b); and in R307-170-9 sections (5)(a) and (d), (6)(b), (7)(a)(i), 
(7)(b), and (9)(a); effective January 5, 2006.''

d. Carbon Monoxide Provisions for Provo

    On June 25, 2003 (68 FR 37744), EPA approved Utah SIP Control 
Measures for Area and Point Sources--Carbon Monoxide--Provo--Section 
IX.C.6. When EPA approved Section IX.C.6--Carbon Monoxide Provisions 
for Provo on November 2, 2005 (70 FR 66264) EPA inadvertently failed to 
remove the older SIP Section IX.C.6 from Utah's federally-approved SIP. 
This action simply removes the June 25, 2003 approved version of Utah 
SIP Control Measures for Area and Point Sources--Carbon Monoxide--
Provo--Section IX.C.6 from Utah's federally-approved SIP because it has 
been replaced by a newer version.

II. 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). Because the 
agency has made a ``good cause'' finding that this action is not 
subject to notice-and-comment requirements under the Administrative 
Procedure Act or any other statute as indicated in the Supplementary 
Information section above, it is not subject to the 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, 209 Stat. 48 (1995)). 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 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 action 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 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 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. This 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 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'' issues under the Executive Order. This ruled does not impose 
an

[[Page 19385]]

information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act (CRA), 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 comment 
procedures are 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 has made such a good cause 
finding, including the reasons therefore, and established an effective 
date of May 18, 2007. 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 identification of plan for Utah are not a ``major rule'' as 
defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: April 9, 2007.
Kerrigan G. Clough,
Acting Regional Administrator, Region VIII.

0
Chapter I, title 40 of the Code of Federal Regulations 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 TT--UTAH

0
2. Section 52.2320 is amended as follows:
0
a. In paragraph (c)(59)(i)(A) by removing the phrase ``R307-301-1, 
R307-301-2, and R307-301-4 through R307-301-14 effective November 12, 
1998;'' and by revising the phrase that reads ``R307-302-1, R307-302-2 
and R307-302-4 effective September 15, 1998'' to read ``R307-302-1, 
R302-302-2 (except paragraph (4)) and R307-302-4 effective September 
15, 1998.''
0
b. By revising paragraph (c)(64)(i)(A) as follows:


Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *
    (64) * * *
    (i) * * *
    (A) Utah Administrative Code sections: R307-170-7(1); 307-170-4; 
R307-170-5(1)(b); R307-170-5(7); R307-170-7(6); R307-170-7(6)(a) and 
(b); and in R307-170-9 sections (5)(a) and (d), (6)(b), (7)(a)(i), 
(7)(b), and (9)(a); effective January 5, 2006.

0
3. Section 52.2352 is amended by adding paragraph (f) to read as 
follows:


Sec.  52.2352  Change to approved plan.

* * * * *
    (f) Utah Administrative Code (UAC) rule R307-1-4.06, Continuous 
Emission Monitoring Systems Program (CEMSP), is removed from Utah's 
approved State Implementation Plan (SIP). This rule has been superseded 
and replaced by rule R307-170, Continuous Emission Monitoring Program.
 [FR Doc. E7-7201 Filed 4-17-07; 8:45 am]
BILLING CODE 6560-50-P

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