Determination of Attainment, Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Ohio; Correction, 36599-36601 [E7-13000]
Download as PDF
<![CDATA[
Federal Register / Vol. 72, No. 128 / Thursday, July 5, 2007 / Rules and Regulations
Effective July 21, 2007 at 11 a.m.
to July 24, 2007 at 11:59 p.m.
DATES:
Mr.
Frank Jennings, Jr., Enforcement Branch,
Ninth Coast Guard District, 1240 East
9th Street, Cleveland, OH at (216) 902–
6095.
FOR FURTHER INFORMATION CONTACT:
We are
publishing this document to provide
notice that under the provisions of 33
CFR 100.901, the Port Huron to
Mackinac Race Special Local
Regulations will be enforced from 11
a.m. on July 21, 2007 to 11:59 p.m. on
July 24, 2007. The Special Local
Regulations apply to the waters of the
Black River, St. Clair River and lower
Lake Huron from:
SUPPLEMENTARY INFORMATION:
Latitude
Longitude
42[deg]58.8[min]
42[deg]58.4[min]
thence
northward along
43[deg]02.8[min]
N ....
N ....
082[deg]26[min] W, to
082[deg]24.8[min] W,
jlentini on PROD1PC65 with RULES
the International Boundary to
N .... 082[deg]23.8[min] W,
to
43[deg]02.8[min] N .... 082[deg]26.8[min] W,
thence
southward along the U.S. shoreline to
42[deg]58.9[min] N .... 082[deg]26[min] W,
thence to
42[deg]58.8[min] N .... 082[deg] 26[min] W.
In order to ensure the safety of
spectators and participating vessels, the
Special Local Regulations will be
enforced for the duration of the event.
The Coast Guard will patrol the race
area under the direction of a designated
Coast Guard Patrol Commander. Vessels
desiring to transit the regulated area
may do so only with prior approval of
the Patrol Commander and when so
directed by that officer. The Patrol
Commander may be contacted on
Channel 16 (156.8 MHZ) by the call sign
‘‘Coast Guard Patrol Commander.’’
Vessels not participating in the race
shall not make a wake nor endanger
participants in the event or any other
craft. Vessels participating in the race
and patrol craft may create a wake but
shall not endanger other vessels and are
not required to check-in nor out with
the Patrol Commander while
participating in the race.
In the event these Special Local
Regulations affect shipping, commercial
vessels may request permission from the
Patrol Commander to transit the area of
the event by hailing call sign ‘‘Coast
Guard Patrol Commander’’ on Channel
16 (156.8 MHZ).
VerDate Aug<31>2005
16:40 Jul 03, 2007
Jkt 211001
36599
Dated: June 22, 2007.
John E. Crowley, Jr.,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. E7–13020 Filed 7–3–07; 8:45 am]
and 2018 MVEBs. In each of the final
rulemaking notices, EPA omitted the
2009 MVEBs from the final rules. This
is a correction to add these 2009
MVEBs.
BILLING CODE 4910–15–P
Correction
For Allen County, and Stark County,
Ohio, in the final rule published in the
Federal Register on May 16, 2007 (70
FR 27647), on page 27649 in the first
column, first paragraph: ‘‘In addition,
and supported by and consistent with
the ozone maintenance plan, EPA is
approving the 2018 VOC and NOX
MVEBs for each county for
transportation conformity purposes. The
2018 motor vehicle * * *’’ is corrected
to read: ‘‘In addition, and supported by
and consistent with the ozone
maintenance plan, EPA is approving the
2009 and 2018 VOC and NOX MVEBs
for each county for transportation
conformity purposes. The 2009 MVEB
for Allen County, Ohio are 5.08 tons per
day of VOC and 8.28 tons per day of
NOX. The 2018 MVEBs for Allen County
are 2.89 tons per day VOC and 3.47 tons
per day of NOX. For Stark County, Ohio,
the 2009 MVEB area 10.02 tons per day
of VOC and 18.03 tons per day of NOX
and the 2018 MVEBs are 5.37 tons per
day of VOC and 7.08 tons per day of
NOX.
For Belmont County, Ohio, in the
final rule published in the Federal
Register on May 16, 2007 (70 FR 27644),
on page 27645 in the first column, first
paragraph: ‘‘In addition, and supported
by and consistent with the ozone
maintenance plan, EPA is approving the
2018 VOC and NOX MVEBs for
transportation conformity purposes. The
2018 MVEBs * * *’’ is corrected to
read: ‘‘In addition, and supported by
and consistent with the ozone
maintenance plan, EPA is approving the
2009 and 2018 VOC and NOX MVEBs
for transportation conformity purposes.
For Belmont County, Ohio, the 2009
MVEBs are 2.60 tons per day of VOC
and 2.22 tons per day of NOX and the
2018 MVEBs are 1.52 tons per day of
VOC and 1.91 tons per day of NOX.
West Virginia develops MVEBs for its
portion of the area.’’
For Jefferson County, Ohio, in the
final rule published in the Federal
Register on May 16, 2007 (70 FR 27640),
on page 27641 in the first column, first
paragraph: ‘‘In addition, and supported
by and consistent with the ozone
maintenance plan, EPA is approving the
2018 volatile organic compound (VOC)
and oxides of nitrogen (NOX) MVEBs for
Jefferson County for transportation
conformity purposes. The 2018 MVEBs
* * *’’ is corrected to read: ‘‘In
addition, and supported by and
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2006–0046; EPA–R05–
OAR–2006–0891; EPA–R05–OAR–2006–
0892; FRL–8335–6]
Determination of Attainment, Approval
and Promulgation of Implementation
Plans and Designation of Areas for Air
Quality Planning Purposes; Ohio;
Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correcting
amendment.
AGENCY:
SUMMARY: This document corrects an
error in the final rule pertaining to the
Motor Vehicle Emissions Budgets
(MVEBs) for Washington County
(Parkersburg-Marietta, WV–OH),
Jefferson County, (Steubenville-Weirton,
WV–OH), Belmont County (Wheeling,
WV–OH), Stark County (Canton, OH)
and Allen County (Lima, OH). The
Environmental Protection Agency (EPA)
proposed MVEBs for 2009 and 2018 for
each of these Ohio counties. In the final
approvals for the redesignation of these
areas to attainment of the 8-hour ozone
standard, EPA provide the 2018 MVEBs
for each county but inadvertently
omitted the 2009 interim MVEBs that
were discussed in the proposed rules.
This technical correction to these final
rules provides the 2009 MVEBs.
EFFECTIVE DATE: This final rule is
effective on July 5, 2007.
FOR FURTHER INFORMATION CONTACT:
Steve Marquardt, Environmental
Engineer, Criteria Pollutant Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–3214,
marquardt.steve@epa.gov.
SUPPLEMENTARY INFORMATION: EPA
published four notices of final
rulemaking to redesignate Washington
County (Parkersburg-Marietta, WV–OH),
Jefferson County, (Steubenville-Weirton,
WV–OH), Belmont County (Wheeling,
WV–OH), Stark County (Canton, OH)
and Allen County (Lima, OH) areas to
attainment for the 8-hour ozone
standard. For each of these counties
EPA had proposed approval of the 2009
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
E:\FR\FM\05JYR1.SGM
05JYR1
36600
Federal Register / Vol. 72, No. 128 / Thursday, July 5, 2007 / Rules and Regulations
jlentini on PROD1PC65 with RULES
consistent with the ozone maintenance
plan, EPA is approving the 2009 and
2018 volatile organic compound (VOC)
and oxides of nitrogen (NOX) MVEBs for
Jefferson County for transportation
conformity purposes. The 2009 MVEBs
are 2.63 tons per day of VOC and 4.10
tons per day of NOX and the 2018
MVEBs are 1.37 tons per day of VOC
and 1.67 tons per day of NOX.’’
For Washington County, Ohio, in the
final rule published in the Federal
Register on May 16, 2007 (70 FR 27652),
on page 27653 in the first column, first
paragraph: ‘‘In addition, and supported
by and consistent with the ozone
maintenance plan, EPA is approving the
2018 volatile organic compound (VOC)
and oxides of nitrogen (NOX) MVEBs for
Washington County for transportation
conformity purposes. The 2018 MVEBs
* * *’’ is corrected to read: ‘‘In
addition, and supported by and
consistent with the ozone maintenance
plan, EPA is approving the 2009 and
2018 volatile organic compound (VOC)
and oxides of nitrogen (NOX) MVEBs for
Washington County for transportation
conformity purposes. The 2009 MVEBs
are 2.59 tons per day of VOC and 3.58
tons per day of NOX and the 2018
MVEBs are 1.67 tons per day of VOC
and 1.76 tons per day of NOX. West
Virginia develops MVEBs for its portion
of the area.’’
EPA is also making changes to 40 CFR
52.1885(ff) in order to include the 2009
MVEBs for the Ohio Counties.
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 omission 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 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
VerDate Aug<31>2005
15:50 Jul 03, 2007
Jkt 211001
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
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
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 July 5,
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. This correction to
40 CFR part 52 for Ohio is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
Dated: June 25, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
Parts 52, 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 KK—Ohio
2. Section 52.1885 is amended by
revising paragraphs (ff) introductory text
and (ff)(1) through (4) to read as follows:
I
§ 52.1885
Control strategy: Ozone.
*
*
*
*
*
(ff) Approval—The 8-hour ozone
maintenance plans for the following
areas have been approved:
(1) Jefferson County, as submitted on
July 31, 2006 and supplemented on
October 3, 2006. The maintenance plan
establishes 2009 motor vehicle
emissions budgets (MVEBs) for Jefferson
County of 2.63 tons per day (tpd) of
volatile organic compounds (VOCs) and
4.10 tpd of oxides of nitrogen (NOX),
and 2018 motor vehicle emission
budgets of 1.37 tpd of VOCs and 1.67
tpd of NOX.
(2) Belmont County, as submitted on
June 20, 2006, and supplemented on
August 24, 2006, and December 4, 2006.
The maintenance plan establishes 2009
MVEBs for Belmont County of 2.60 tpd
of VOCs and 2.22 tpd of NOX and 2018
E:\FR\FM\05JYR1.SGM
05JYR1
36601
Federal Register / Vol. 72, No. 128 / Thursday, July 5, 2007 / Rules and Regulations
MVEBs of 1.52 tpd of VOCs and 1.91
tpd of NOX.
(3) Allen County and Stark County, as
submitted on June 20, 2006, and
supplemented on August 24, 2006, and
December 4, 2006. The maintenance
plan establishes 2009 MVEBs for Allen
County of 5.08 tpd of VOCs and 8.28 tpd
of NOX, and 2018 MVEBs for Allen
County of 2.89 tpd of VOCs and 3.47 tpd
of NOX. For Stark County the 2009
MVEBs are 10.02 tpd of VOCs and 18.03
tpd of NOX, and the 2018 budgets are
5.37 tpd of VOC and 7.08 tpd of NOX.
(4) Washington County, as submitted
on September 22, 2006, and
supplemented on November 17, 2006.
The maintenance plan establishes 2009
MVEBs for Washington County of 2.59
tpd of VOCs and 3.58 tpd of NOX, and
2018 MVEBs for Washington county of
1.67 tpd of VOCs and 1.76 tpd of NOX.
[FR Doc. E7–13000 Filed 7–3–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
This rule will be
effective August 6, 2007.
EFFECTIVE DATE:
40 CFR Parts 52 and 81
[EPA–RO4–OAR–2006–0584–200723; FRL–
8335–4]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Kentucky: Redesignation of
the Kentucky Portion of the Louisville
8-Hour Ozone Nonattainment Area to
Attainment for Ozone
Environmental Protection
Agency (EPA).
ACTION: Final rule.
jlentini on PROD1PC65 with RULES
AGENCY:
SUMMARY: EPA is approving a request,
submitted on September 29, 2006, from
the Commonwealth of Kentucky
(Kentucky), through the Kentucky
Division for Air Quality (KDAQ), to
redesignate the Kentucky portion of the
bi-State Louisville 8-hour ozone
nonattainment area to attainment for the
8-hour National Ambient Air Quality
Standard (NAAQS). The Kentucky
portion of the bi-State Louisville 8-hour
ozone nonattainment area (hereafter
referred to as the ‘‘Kentucky State
Louisville Area’’) is comprised of three
Kentucky Counties—Bullitt, Jefferson
and Oldham. The Indiana portion of the
bi-State Louisville 8-hour ozone
nonattainment area is comprised of two
Indiana Counties—Clark and Floyd.
EPA’s approval of Kentucky’s
redesignation request is based upon the
determination that Kentucky has
demonstrated that the Kentucky State
Louisville Area has met the criteria for
VerDate Aug<31>2005
15:50 Jul 03, 2007
Jkt 211001
redesignation to attainment specified in
the Clean Air Act (CAA), including the
determination that the entire (both the
Kentucky and Indiana portions) bi-State
Louisville 8-hour ozone nonattainment
area has attained the 8-hour ozone
standard. Additionally, EPA is
approving the 8-hour ozone
maintenance plan for the Kentucky
State Louisville Area, including the
regional motor vehicle emission budgets
(MVEBs) for nitrogen oxides (NOX) and
volatile organic compounds (VOCs)
which cover the Kentucky and Indiana
portions of this bi-State area. In July and
September 2006, Indiana submitted a
redesignation request and maintenance
plan for the Indiana portion of this 8hour ozone area with identical MVEBs
to those reflected in Kentucky’s
maintenance plan. EPA is taking action
on that redesignation request and
maintenance plan in a separate action.
This final rule also addresses a
comment made on EPA’s proposed
rulemaking for this action, previously
published April 27, 2007 (72 FR 20966).
EPA has established a
docket for this action under Docket
Identification No. EPA–RO4–OAR–
2006–0584. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not 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 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. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
ADDRESSES:
number at (404) 562–9074 or electronic
mail at LeSane.Heidi@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Is the Background for the Actions?
II. What Actions Is EPA Taking?
III. Why Are We Taking These Actions?
IV. What Are the Effects of These Actions?
V. Response to Comments
VI. Final Action
VII. Statutory and Executive Order Reviews
I. What Is the Background for the
Actions?
On September 29, 2006, Kentucky,
through the KDAQ, submitted a request
to redesignate the Kentucky bi-State
Louisville Area to attainment for the 8hour ozone standard, and for EPA
approval of the Kentucky State
Implementation Plan (SIP) revision
containing a maintenance plan for the
Kentucky State Louisville Area. In an
action published on April 27, 2007 (72
FR 20966), EPA proposed to approve the
redesignation of the Kentucky State
Louisville Area to attainment. EPA also
proposed approval of Kentucky’s plan
for maintaining the 8-hour NAAQS as a
SIP revision, and proposed to approve
the regional MVEBs for the Kentucky biState Louisville Area that were
contained in the maintenance plan. This
rule is EPA’s final action on the April
27, 2007, proposed rule.
During the comment period for EPA’s
proposal, one commenter submitted an
adverse comment. EPA is addressing
that comment in this action, and is
taking final action as described in
Section II and Section V of this
rulemaking.
EPA is also providing information on
the status of the Agency’s transportation
conformity adequacy determination for
the new regional MVEBs for the years
2003 and 2020 that are contained in the
maintenance plan for the Kentucky biState Louisville Area. These MVEBs are
identical to those reflected in Indiana’s
maintenance plan for this bi-State area.
The maintenance plans establish the
following regional MVEBs for the
Kentucky bi-State Louisville Area.
KENTUCKY BI-STATE LOUISVILLE 8HOUR OZONE MVEBS
[Tons per day]
2003
FOR FURTHER INFORMATION CONTACT:
Heidi LeSane, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, Region 4, U.S. Environmental
Protection Agency, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. Ms.
LeSane can be reached via telephone
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
VOC ..................................
NOX ..................................
2020
40.97
95.51
22.92
29.46
EPA’s adequacy public comment
period on these budgets (as contained in
Kentucky’s submittal) began on April
27, 2007, and closed on May 29, 2007.
E:\FR\FM\05JYR1.SGM
05JYR1
]]>Agencies
[Federal Register Volume 72, Number 128 (Thursday, July 5, 2007)]
[Rules and Regulations]
[Pages 36599-36601]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-13000]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2006-0046; EPA-R05-OAR-2006-0891; EPA-R05-OAR-2006-0892;
FRL-8335-6]
Determination of Attainment, Approval and Promulgation of
Implementation Plans and Designation of Areas for Air Quality Planning
Purposes; Ohio; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document corrects an error in the final rule pertaining
to the Motor Vehicle Emissions Budgets (MVEBs) for Washington County
(Parkersburg-Marietta, WV-OH), Jefferson County, (Steubenville-Weirton,
WV-OH), Belmont County (Wheeling, WV-OH), Stark County (Canton, OH) and
Allen County (Lima, OH). The Environmental Protection Agency (EPA)
proposed MVEBs for 2009 and 2018 for each of these Ohio counties. In
the final approvals for the redesignation of these areas to attainment
of the 8-hour ozone standard, EPA provide the 2018 MVEBs for each
county but inadvertently omitted the 2009 interim MVEBs that were
discussed in the proposed rules. This technical correction to these
final rules provides the 2009 MVEBs.
EFFECTIVE DATE: This final rule is effective on July 5, 2007.
FOR FURTHER INFORMATION CONTACT: Steve Marquardt, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-3214, marquardt.steve@epa.gov.
SUPPLEMENTARY INFORMATION: EPA published four notices of final
rulemaking to redesignate Washington County (Parkersburg-Marietta, WV-
OH), Jefferson County, (Steubenville-Weirton, WV-OH), Belmont County
(Wheeling, WV-OH), Stark County (Canton, OH) and Allen County (Lima,
OH) areas to attainment for the 8-hour ozone standard. For each of
these counties EPA had proposed approval of the 2009 and 2018 MVEBs. In
each of the final rulemaking notices, EPA omitted the 2009 MVEBs from
the final rules. This is a correction to add these 2009 MVEBs.
Correction
For Allen County, and Stark County, Ohio, in the final rule
published in the Federal Register on May 16, 2007 (70 FR 27647), on
page 27649 in the first column, first paragraph: ``In addition, and
supported by and consistent with the ozone maintenance plan, EPA is
approving the 2018 VOC and NOX MVEBs for each county for
transportation conformity purposes. The 2018 motor vehicle * * *'' is
corrected to read: ``In addition, and supported by and consistent with
the ozone maintenance plan, EPA is approving the 2009 and 2018 VOC and
NOX MVEBs for each county for transportation conformity
purposes. The 2009 MVEB for Allen County, Ohio are 5.08 tons per day of
VOC and 8.28 tons per day of NOX. The 2018 MVEBs for Allen
County are 2.89 tons per day VOC and 3.47 tons per day of
NOX. For Stark County, Ohio, the 2009 MVEB area 10.02 tons
per day of VOC and 18.03 tons per day of NOX and the 2018
MVEBs are 5.37 tons per day of VOC and 7.08 tons per day of
NOX.
For Belmont County, Ohio, in the final rule published in the
Federal Register on May 16, 2007 (70 FR 27644), on page 27645 in the
first column, first paragraph: ``In addition, and supported by and
consistent with the ozone maintenance plan, EPA is approving the 2018
VOC and NOX MVEBs for transportation conformity purposes.
The 2018 MVEBs * * *'' is corrected to read: ``In addition, and
supported by and consistent with the ozone maintenance plan, EPA is
approving the 2009 and 2018 VOC and NOX MVEBs for
transportation conformity purposes. For Belmont County, Ohio, the 2009
MVEBs are 2.60 tons per day of VOC and 2.22 tons per day of
NOX and the 2018 MVEBs are 1.52 tons per day of VOC and 1.91
tons per day of NOX. West Virginia develops MVEBs for its
portion of the area.''
For Jefferson County, Ohio, in the final rule published in the
Federal Register on May 16, 2007 (70 FR 27640), on page 27641 in the
first column, first paragraph: ``In addition, and supported by and
consistent with the ozone maintenance plan, EPA is approving the 2018
volatile organic compound (VOC) and oxides of nitrogen (NOX)
MVEBs for Jefferson County for transportation conformity purposes. The
2018 MVEBs * * *'' is corrected to read: ``In addition, and supported
by and
[[Page 36600]]
consistent with the ozone maintenance plan, EPA is approving the 2009
and 2018 volatile organic compound (VOC) and oxides of nitrogen
(NOX) MVEBs for Jefferson County for transportation
conformity purposes. The 2009 MVEBs are 2.63 tons per day of VOC and
4.10 tons per day of NOX and the 2018 MVEBs are 1.37 tons
per day of VOC and 1.67 tons per day of NOX.''
For Washington County, Ohio, in the final rule published in the
Federal Register on May 16, 2007 (70 FR 27652), on page 27653 in the
first column, first paragraph: ``In addition, and supported by and
consistent with the ozone maintenance plan, EPA is approving the 2018
volatile organic compound (VOC) and oxides of nitrogen (NOX)
MVEBs for Washington County for transportation conformity purposes. The
2018 MVEBs * * *'' is corrected to read: ``In addition, and supported
by and consistent with the ozone maintenance plan, EPA is approving the
2009 and 2018 volatile organic compound (VOC) and oxides of nitrogen
(NOX) MVEBs for Washington County for transportation
conformity purposes. The 2009 MVEBs are 2.59 tons per day of VOC and
3.58 tons per day of NOX and the 2018 MVEBs are 1.67 tons
per day of VOC and 1.76 tons per day of NOX. West Virginia
develops MVEBs for its portion of the area.''
EPA is also making changes to 40 CFR 52.1885(ff) in order to
include the 2009 MVEBs for the Ohio Counties.
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 omission 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 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 July 5,
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. This correction to 40 CFR part 52 for
Ohio is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Dated: June 25, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
0
Parts 52, 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 KK--Ohio
0
2. Section 52.1885 is amended by revising paragraphs (ff) introductory
text and (ff)(1) through (4) to read as follows:
Sec. 52.1885 Control strategy: Ozone.
* * * * *
(ff) Approval--The 8-hour ozone maintenance plans for the following
areas have been approved:
(1) Jefferson County, as submitted on July 31, 2006 and
supplemented on October 3, 2006. The maintenance plan establishes 2009
motor vehicle emissions budgets (MVEBs) for Jefferson County of 2.63
tons per day (tpd) of volatile organic compounds (VOCs) and 4.10 tpd of
oxides of nitrogen (NOX), and 2018 motor vehicle emission
budgets of 1.37 tpd of VOCs and 1.67 tpd of NOX.
(2) Belmont County, as submitted on June 20, 2006, and supplemented
on August 24, 2006, and December 4, 2006. The maintenance plan
establishes 2009 MVEBs for Belmont County of 2.60 tpd of VOCs and 2.22
tpd of NOX and 2018
[[Page 36601]]
MVEBs of 1.52 tpd of VOCs and 1.91 tpd of NOX.
(3) Allen County and Stark County, as submitted on June 20, 2006,
and supplemented on August 24, 2006, and December 4, 2006. The
maintenance plan establishes 2009 MVEBs for Allen County of 5.08 tpd of
VOCs and 8.28 tpd of NOX, and 2018 MVEBs for Allen County of
2.89 tpd of VOCs and 3.47 tpd of NOX. For Stark County the
2009 MVEBs are 10.02 tpd of VOCs and 18.03 tpd of NOX, and
the 2018 budgets are 5.37 tpd of VOC and 7.08 tpd of NOX.
(4) Washington County, as submitted on September 22, 2006, and
supplemented on November 17, 2006. The maintenance plan establishes
2009 MVEBs for Washington County of 2.59 tpd of VOCs and 3.58 tpd of
NOX, and 2018 MVEBs for Washington county of 1.67 tpd of
VOCs and 1.76 tpd of NOX.
[FR Doc. E7-13000 Filed 7-3-07; 8:45 am]
BILLING CODE 6560-50-P
