Determination of Attainment, Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Ohio; Correction, 51567-51568 [E7-17627]

Download as PDF Federal Register / Vol. 72, No. 174 / Monday, September 10, 2007 / Rules and Regulations This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 9, 2007. Interested parties should comment in response to the proposed rule rather than petition for judicial review, unless the objection arises after the comment period allowed for in the proposal. 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).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: August 22, 2007. Ira Leighton, Acting Regional Administrator, EPA New England. 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 EE—New Hampshire 2. Section 52.1528 is amended by adding paragraph (d) to read as follows: I § 52.1528 Control strategy: Carbon monoxide. ebenthall on PRODPC61 with RULES * * * * (d) Approval—On May 30, 2007, the New Hampshire Department of Environmental Services submitted a modification to the Nashua maintenance plan approved in paragraph (c) of this section. New Hampshire will not conduct CO monitoring in Nashua, but instead commits to continue to collect and review CO monitoring data from nearby Manchester, NH on an on-going basis. In the event the second highest CO concentration in any calendar year monitored in Manchester reaches 75 percent of the federal 1-hour or 8-hour national ambient air quality standard for CO, New Hampshire will, within 9 months of recording such VerDate Aug<31>2005 15:16 Sep 07, 2007 Jkt 211001 [FR Doc. E7–17633 Filed 9–7–07; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2006–0046; FRL–8464–3] 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: Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows: I * concentrations, re-establish a CO monitoring site in Nashua consistent with EPA siting criteria, and resume analyzing and reporting those data. New Hampshire commits to implement its contingency program in Nashua in the event that a CO violation is monitored at the re-established Nashua monitoring site at any time during the maintenance period. If the Manchester CO monitor measures a violation of the either the federal 1-hour or 8-hour NAAQS for CO, contingency measures will be implemented in Nashua as well, until a re-established CO monitor in Nashua shows that the area is in attainment of the CO standard. SUMMARY: This document corrects an error pertaining to the Motor Vehicle Emissions Budgets (MVEBs) for Belmont County, Ohio (Wheeling, WV–OH). The 2009 MVEB for oxides of nitrogen (NOX) from the proposed rule was incorrect in the final action. This final rule corrects that error. DATES: Effective Date: This final rule is effective on September 10, 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 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 51567 rulemaking notices, EPA omitted the 2009 MVEBs from the final rules. A correction was made to add these 2009 MVEBs. When this correction was made there was an error in the 2009 MVEB for NOX for Belmont County, Ohio. This error is corrected in this action. Correction For Belmont County, Ohio, in the correction notice published in the Federal Register on July 5, 2007 (72 FR 36599), on page 36599 in the third column, second full 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 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 4.69 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.’’ EPA is revising 40 CFR Section 52.1885(ff)(2) to reflect this corrected 2009 MVEB for NOX for Belmont County, Ohio. 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 error in a previous action. Thus, notice and public procedure are unnecessary. We find that this constitutes good cause under 5 U.S.C. 553(b)(B). Statutory and Executive Order Reviews Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993), this action is not a ‘‘significant regulatory action’’ and is, therefore, not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355 (May 22, 2001)). Because the agency has made a ‘‘good cause’’ finding that this action is not subject to notice-and-comment requirements under the Administrative E:\FR\FM\10SER1.SGM 10SER1 ebenthall on PRODPC61 with RULES 51568 Federal Register / Vol. 72, No. 174 / Monday, September 10, 2007 / Rules and Regulations 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 VerDate Aug<31>2005 15:16 Sep 07, 2007 Jkt 211001 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 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 had made such a good cause finding, including the reasons therefore, and established an effective date of September 10, 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). List of Subjects in 40 CFR Part 52 DEPARTMENT OF STATE 48 CFR Parts 639 and 652 [Public Notice: 5929] RIN 1400–AC31 Department of State Acquisition Regulation State Department. Final rule. AGENCY: ACTION: SUMMARY: This final rule adds a solicitation provision and contract clause to the Department of State Acquisition Regulation (DOSAR) to implement Department of State requirements regarding security issues for information technology systems, as required by the Federal Information Security Management Act of 2002 (FISMA). Effective Date: This rule is effective September 10, 2007. DATES: Environmental protection, Air pollution control, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Volatile organic compounds. Dated: August 24, 2007. Richard C. Karl, Acting Regional Administrator, Region 5. FOR FURTHER INFORMATION CONTACT: Gladys Gines, Procurement Analyst, Office of the Procurement Executive, 2201 C Street, NW., State Annex Number 6, Room 603, Washington, DC 20522–0602; telephone number: 703– 516–1691; e-mail address: ginesgg@state.gov. SUPPLEMENTARY INFORMATION: 2. Section 52.1885 is amended by revising paragraph (ff)(2) to read as follows: The Department published a proposed rule, Public Notice 5836 at 72 FR 35023, June 26, 2007, with a request for comments. The rule was proposed to implement the information technology (IT) security policies of the Department for contracts that include information technology resources for services in which the contractor has physical or electronic access to Department information that directly supports the mission of the Department. The rule was discussed in detail in Public Notice 5836. No public comments were received. The Department is now promulgating a final rule with no changes from the proposed rule. § 52.1885 Regulatory Findings Part 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 I Control strategy: Ozone. * * * * * (ff) * * * (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 VOC and 4.69 tpd of NOX, and 2018 MVEBs of 1.52 tpd of VOCs and 1.91 tpd of NOX. * * * * * [FR Doc. E7–17627 Filed 9–7–07; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 Administrative Procedure Act The Department of State does not consider this rule to be a ‘‘significant regulatory action’’ under Executive Order 12866, section 3(f), Regulatory Planning and Review. In addition, the Department is exempt from Executive Order 12866 except to the extent that it is promulgating regulations in conjunction with a domestic agency that are significant regulatory actions. The Department has nevertheless reviewed the regulation to ensure its consistency with the regulatory philosophy and E:\FR\FM\10SER1.SGM 10SER1

Agencies

[Federal Register Volume 72, Number 174 (Monday, September 10, 2007)]
[Rules and Regulations]
[Pages 51567-51568]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17627]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0046; FRL-8464-3]


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 pertaining to the Motor 
Vehicle Emissions Budgets (MVEBs) for Belmont County, Ohio (Wheeling, 
WV-OH). The 2009 MVEB for oxides of nitrogen (NOX) from the 
proposed rule was incorrect in the final action. This final rule 
corrects that error.

DATES: Effective Date: This final rule is effective on September 10, 
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. A correction was made to add these 2009 MVEBs. When 
this correction was made there was an error in the 2009 MVEB for 
NOX for Belmont County, Ohio. This error is corrected in 
this action.

Correction

    For Belmont County, Ohio, in the correction notice published in the 
Federal Register on July 5, 2007 (72 FR 36599), on page 36599 in the 
third column, second full 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 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 4.69 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.''
    EPA is revising 40 CFR Section 52.1885(ff)(2) to reflect this 
corrected 2009 MVEB for NOX for Belmont County, Ohio.
    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 error in a previous action. Thus, notice and public procedure are 
unnecessary. We find that this constitutes good cause under 5 U.S.C. 
553(b)(B).

Statutory and Executive Order Reviews

    Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993), 
this action is not a ``significant regulatory action'' and is, 
therefore, not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). 
Because the agency has made a ``good cause'' finding that this action 
is not subject to notice-and-comment requirements under the 
Administrative

[[Page 51568]]

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 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 had made such a good cause finding, including 
the reasons therefore, and established an effective date of September 
10, 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Particulate matter, Volatile 
organic compounds.

    Dated: August 24, 2007.
Richard C. Karl,
Acting Regional Administrator, Region 5.

0
Part 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 paragraph (ff)(2) to read as 
follows:


Sec.  52.1885  Control strategy: Ozone.

* * * * *
    (ff) * * *
    (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 VOC and 4.69 
tpd of NOX, and 2018 MVEBs of 1.52 tpd of VOCs and 1.91 tpd 
of NOX.
* * * * *
[FR Doc. E7-17627 Filed 9-7-07; 8:45 am]
BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.