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; Technical Amendment, 48558-48559 [E7-16804]
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48558
Federal Register / Vol. 72, No. 164 / Friday, August 24, 2007 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52 and 81
[EPA–RO4–OAR–2006–0584–200723(c);
FRL–8460–6]
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; Technical
Amendment
Environmental Protection
Agency (EPA).
ACTION: Final rule; technical
amendment.
rfrederick on PROD1PC67 with RULES
AGENCY:
SUMMARY: On July 5, 2007, EPA
published in the Federal Register a final
rule redesignating the Kentucky portion
of the bi-state Louisville 8-hour ozone
nonattainment area to attainment for the
8-hour ozone National Ambient Air
Quality Standard (NAAQS). EPA
inadvertently omitted the State effective
date in the regulatory text in the final
rule for the Louisville 8-hour ozone
maintenance plan. This action corrects
the July 5, 2007, final rule by adding a
State effective date of September 29,
2006.
DATES: This action is effective August
24, 2007.
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:
Heidi LeSane, 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) 562–9074.
Ms. LeSane can also be reached via
electronic mail at Lesane.heidi@epa.gov.
SUPPLEMENTARY INFORMATION: On July 5,
2007 (72 FR 36601), EPA published in
the Federal Register a final rule
redesignating the Kentucky portion of
the bi-state Louisville 8-hour ozone
nonattainment area to attainment for the
8-hour ozone NAAQS. On page 33604 in
the table titled ‘‘EPA-Approved
Kentucky Non-Regulatory Provisions’’
under the subject ‘‘State submittal date/
VerDate Aug<31>2005
12:50 Aug 23, 2007
Jkt 211001
effective date’’ for the entry ‘‘Louisville
8-hour Ozone Maintenance Plan’’ EPA
inadvertently omitted the State effective
date. This omission is being corrected
by adding the State effective date of
September 29, 2006.
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 add the State
effective date of the Louisville 8-hour
ozone maintenance plan has no
substantive impact on EPA’s July 5,
2007, redesignation approval. That is,
the addition of the State effective date
makes no substantive difference to
EPA’s redesignation analysis as set out
in our July 5, 2007, rule, and merely
corrects an error made in that prior
rulemaking. In addition, EPA can
identify no particular reason why the
public would be interested in being
notified of the correction of this error or
in having the opportunity to comment
on the correction prior to this action
being finalized, since this correction
action does not change the
redesignation approval and merely
states when the Louisville 8-hour ozone
maintenance plan was State effective.
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 omission
by adding the State effective date of the
Louisville 8-hour ozone maintenance
plan. For these reasons, EPA finds good
cause under APA section 553(d)(3) for
this correction to become effective on
the date of publication of this action.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
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 omission and imposes no
additional requirements beyond those
imposed by State law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule merely corrects an inadvertent
omission by adding the State effective
date of the Louisville 8-hour ozone
maintenance plan 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
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 action merely
corrects an inadvertent omission, does
not impose any new requirements on
sources or allow a State to avoid
adopting or implementing other
requirements, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act (CAA). This rule also is
not subject to Executive Order 13045,
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant and because the Agency does
not have reason to believe that the rule
concerns an environmental health risk
or safety risk that may
disproportionately affect children.
In reviewing SIP submissions, EPA’s
role is to approve State choices,
provided that they meet the criteria of
the CAA. In this context, in the absence
E:\FR\FM\24AUR1.SGM
24AUR1
48559
Federal Register / Vol. 72, No. 164 / Friday, August 24, 2007 / Rules and Regulations
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the CAA. 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 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 23, 2007. 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 section
307(b)(2) of the CAA.)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: August 16, 2007.
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 S—Kentucky
2. Section 52.920(e) is amended by
revising the entry for ‘‘Louisville 8-hour
Ozone Maintenance Plan’’ to read as
follows:
I
§ 52.920
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Name of non-regulatory SIP provision
Applicable geographic or nonattainment area
*
*
Louisville 8-hour Ozone Maintenance Plan ......
*
Bullitt County,
County.
[FR Doc. E7–16804 Filed 8–23–07; 8:45 am]
(PADEP) is requesting that the Reading,
Berks County, Pennsylvania ozone
nonattainment area (Reading Area) be
redesignated as attainment for the 8hour ozone national ambient air quality
standard (NAAQS). In conjunction with
its redesignation request, the PADEP
submitted SIP revisions consisting of a
maintenance plan for the Reading Area
that provides for continued attainment
of the 8-hour ozone NAAQS for at least
10 years after redesignation. EPA is
approving the 8-hour maintenance plan.
PADEP also submitted a 2002 base-year
inventory for the Reading Area which
EPA is approving. In addition, EPA is
approving the adequacy determination
for the motor vehicle emission budgets
(MVEBs) that are identified in the
Reading Area maintenance plan for
purposes of transportation conformity,
and is approving those MVEBs. EPA is
approving the redesignation request,
and the maintenance plan, and the 2002
base-year emissions inventory as
revisions to the Pennsylvania SIP in
accordance with the requirements of the
Clean Air Act.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R03–OAR–2007–0175; FRL–8459–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Redesignation of the
Reading 8-Hour Ozone Nonattainment
Area to Attainment and Approval of the
Area’s Maintenance Plan and 2002
Base-Year Inventory
Environmental Protection
Agency (EPA).
ACTION: Final rule.
rfrederick on PROD1PC67 with RULES
AGENCY:
SUMMARY: EPA is approving a
redesignation request and State
Implementation Plan (SIP) revisions
submitted by the Commonwealth of
Pennsylvania. The Pennsylvania
Department of Environmental Protection
VerDate Aug<31>2005
12:50 Aug 23, 2007
Jkt 211001
PO 00000
Frm 00013
*
Jefferson
Fmt 4700
County,
Sfmt 4700
*
Oldham
State submittal
date/effective
date
EPA
approval
date
*
09/26/2006
Explanation
*
07/05/07, 72
FR 36601.
Effective Date: This final rule is
effective on September 10, 2007.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2007–0175. All
documents in the docket are listed in
the www.regulations.gov website.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) 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 for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality
DATES:
E:\FR\FM\24AUR1.SGM
24AUR1
]]>Agencies
[Federal Register Volume 72, Number 164 (Friday, August 24, 2007)]
[Rules and Regulations]
[Pages 48558-48559]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16804]
[[Page 48558]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52 and 81
[EPA-RO4-OAR-2006-0584-200723(c); FRL-8460-6]
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; Technical Amendment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: On July 5, 2007, EPA published in the Federal Register a final
rule redesignating the Kentucky portion of the bi-state Louisville 8-
hour ozone nonattainment area to attainment for the 8-hour ozone
National Ambient Air Quality Standard (NAAQS). EPA inadvertently
omitted the State effective date in the regulatory text in the final
rule for the Louisville 8-hour ozone maintenance plan. This action
corrects the July 5, 2007, final rule by adding a State effective date
of September 29, 2006.
DATES: This action is effective August 24, 2007.
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: Heidi LeSane, 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)
562-9074. Ms. LeSane can also be reached via electronic mail at
Lesane.heidi@epa.gov.
SUPPLEMENTARY INFORMATION: On July 5, 2007 (72 FR 36601), EPA published
in the Federal Register a final rule redesignating the Kentucky portion
of the bi-state Louisville 8-hour ozone nonattainment area to
attainment for the 8-hour ozone NAAQS. On page 33604 in the table
titled ``EPA-Approved Kentucky Non-Regulatory Provisions'' under the
subject ``State submittal date/effective date'' for the entry
``Louisville 8-hour Ozone Maintenance Plan'' EPA inadvertently omitted
the State effective date. This omission is being corrected by adding
the State effective date of September 29, 2006.
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 add the State effective date of
the Louisville 8-hour ozone maintenance plan has no substantive impact
on EPA's July 5, 2007, redesignation approval. That is, the addition of
the State effective date makes no substantive difference to EPA's
redesignation analysis as set out in our July 5, 2007, rule, and merely
corrects an error made in that prior rulemaking. In addition, EPA can
identify no particular reason why the public would be interested in
being notified of the correction of this error or in having the
opportunity to comment on the correction prior to this action being
finalized, since this correction action does not change the
redesignation approval and merely states when the Louisville 8-hour
ozone maintenance plan was State effective.
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 omission by
adding the State effective date of the Louisville 8-hour ozone
maintenance plan. For these reasons, EPA finds good cause under APA
section 553(d)(3) for this correction to become effective on the date
of publication of this action.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely corrects an inadvertent omission and imposes no additional
requirements beyond those imposed by State law. Accordingly, the
Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
merely corrects an inadvertent omission by adding the State effective
date of the Louisville 8-hour ozone maintenance plan 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 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 action merely corrects an inadvertent
omission, does not impose any new requirements on sources or allow a
State to avoid adopting or implementing other requirements, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act (CAA). This rule also
is not subject to Executive Order 13045, ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it is not economically significant and because the
Agency does not have reason to believe that the rule concerns an
environmental health risk or safety risk that may disproportionately
affect children.
In reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the CAA. In this
context, in the absence
[[Page 48559]]
of a prior existing requirement for the State to use voluntary
consensus standards (VCS), EPA has no authority to disapprove a SIP
submission for failure to use VCS. It would thus be inconsistent with
applicable law for EPA, when it reviews a SIP submission, to use VCS in
place of a SIP submission that otherwise satisfies the provisions of
the CAA. 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 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 23, 2007. 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 section 307(b)(2) of the CAA.)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: August 16, 2007.
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 S--Kentucky
0
2. Section 52.920(e) is amended by revising the entry for ``Louisville
8-hour Ozone Maintenance Plan'' to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Kentucky Non-regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of non-regulatory SIP geographic or submittal date/ EPA approval date Explanation
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Louisville 8-hour Ozone Bullitt County, 09/26/2006 07/05/07, 72 FR
Maintenance Plan. Jefferson County, 36601.
Oldham County.
----------------------------------------------------------------------------------------------------------------
[FR Doc. E7-16804 Filed 8-23-07; 8:45 am]
BILLING CODE 6560-50-P
