Approval and Promulgation of Air Quality Implementation Plans; Maryland, Pennsylvania, Virginia, West Virginia; Redesignation of 8-Hour Ozone Nonattainment Areas to Attainment and Approval of the Areas' Maintenance Plans and 2002 Base-Year Inventories; Correction, 68515-68518 [E7-23498]
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<![CDATA[
Federal Register / Vol. 72, No. 233 / Wednesday, December 5, 2007 / Rules and Regulations
Name of non-regulatory SIP
revision
Applicable geographic area
*
Documents Incorporated by
Reference (9 VAC 5–20–21,
Paragraphs E.4.a. (21) and
(22))..
*
*
Fredericksburg VOC Emissions Control Area Designated in 9 VAC 5–20–206.
*
*
State submittal
date
*
05/14/07
*
[FR Doc. E7–23386 Filed 12–4–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
EPA approval date
Additional Explanation
*
*
12/05/07 [Insert page number
where the document begins].
*
State effective date is 10/04/
06.
*
*
Incorporation by reference,
Intergovernmental relations, Nitrogen
oxides, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur dioxide.
40 CFR Part 97
40 CFR Parts 52 and 97
[EPA–R05–OAR–2007–0390; FRL–8501–1]
Approval of Implementation Plans;
Ohio; Clean Air Interstate Rule
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
Environmental protection,
Administrative practice and procedure,
Air pollution control, Electric utilities,
Intergovernmental relations, Nitrogen
oxides, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur dioxide.
Authority: 42 U.S.C. 7401 et seq.
*
SUMMARY: This document corrects an
error in the part 81 tables of a series of
final rules pertaining to EPA’s approval
of ozone redesignation requests for Kent
and Queen Anne, Erie, Fredericksburg,
Shenandoah, Charleston, ParkersburgMarietta, Steubenville-Weirton,
Wheeling, and Huntington-Ashland 8hour ozone nonattainment areas. The
requests to redesignate the areas from
nonattainment to attainment were
submitted by Maryland, Pennsylvania,
Virginia, and West Virginia.
EFFECTIVE DATE:
Accordingly, the amendments to 40
CFR 52.1870 and part 97 which were
published in the Federal Register on
October 16, 2007 (72 FR 58546) on
pages 58552–58553 are withdrawn as of
December 5, 2007.
SUPPLEMENTARY INFORMATION:
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland, Pennsylvania, Virginia, West
Virginia; Redesignation of 8-Hour
Ozone Nonattainment Areas to
Attainment and Approval of the Areas’
Maintenance Plans and 2002 BaseYear Inventories; Correction
AGENCY:
40 CFR Part 52
Environmental protection, Air
pollution control, Electric utilities,
VerDate Aug<31>2005
17:07 Dec 04, 2007
Jkt 214001
December 5, 2007.
FOR FURTHER INFORMATION CONTACT:
Irene Shandruk, (215) 814–2166 or by email at shandruk.irene@epa.gov.
List of Subjects
sroberts on PROD1PC70 with RULES
*
Dated: November 23, 2007.
Gary Gulezian,
Acting Regional Administrator, Region 5.
Due to the receipt of an
adverse comment, the EPA is
withdrawing the October 16, 2007 (72
FR 58546), direct final rule approving
the State of Ohio’s September 26, 2007,
request to revise the Ohio State
Implementation Plan (SIP) by
incorporating provisions related to the
implementation of EPA’s Clean Air
Interstate Rule (CAIR). In the direct final
rule, EPA stated that if adverse
comments were submitted by November
15, 2007, the rule would be withdrawn
and not take effect. On November 9,
2007, EPA received a comment. EPA
believes this comment is adverse and,
therefore, EPA is withdrawing the direct
final rule. EPA will address the
comment in a subsequent final action
based upon the proposed action also
published on October 16, 2007 (72 FR
58571). EPA will not institute a second
comment period on this action.
DATES: The direct final rule published at
72 FR 58546 on October 16, 2007, is
withdrawn as of December 5, 2007.
FOR FURTHER INFORMATION CONTACT: John
Paskevicz, Engineer, Criteria Pollutant
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6084,
paskevicz.john@epa.gov.
SUMMARY:
68515
I
[FR Doc. E7–23504 Filed 12–4–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R03–OAR–2006–0353; EPA–R03–
OAR–2007–0476; EPA–R03–OAR–2005–VA–
0007; EPA–R03–OAR–2005–VA–0013; EPA–
R03–OAR–2005–0548; EPA–R03–OAR–
2006–0485; EPA–R03–OAR–2006–0682;
EPA–R03–OAR–2006–0692; EPA–R03–
OAR–2006–0817; FRL–8500–8]
Throughout this document wherever
‘‘we’’ or ‘‘our’’ are used we mean EPA.
The following table is a summary of the
dates on which we published final
rulemaking documents announcing our
approval of three simultaneous actions
for nine areas: (1) Redesignation from
nonattainment to attainment of 8-hour
ozone national ambient air quality
standard (NAAQS); (2) approval of the
areas’ maintenance plans, and (3)
approval of the emissions 2002 baseyear inventories and mobile budgets.
The effective dates for the three actions
were announced in the DATES section as
being 30 days from the date of
publication.
Environmental Protection
Agency (EPA).
ACTION: Final rule; correcting
amendment.
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68516
Federal Register / Vol. 72, No. 233 / Wednesday, December 5, 2007 / Rules and Regulations
State
Nonattainment area
Date of publication
Maryland .........................
Pennsylvania ...................
Virginia ............................
Kent & Queen Anne’s .............
Erie ..........................................
Fredericksburg ........................
Shenandoah ............................
Charleston ...............................
Huntington-Ashland .................
Parkersburg-Marietta ..............
Steubenville-Weirton ...............
Wheeling .................................
December 22, 2006 ................
October 9, 2007 ......................
December 23, 2005 ................
January 3, 2006 ......................
July 11, 2006 ..........................
September 15, 2006 ...............
May 8, 2007 ............................
May 14, 2007 ..........................
May 15, 2007 ..........................
West Virginia ...................
The corresponding effective dates in
the 40 CFR part 81 tables for each
nonattainment area should have also
been 30 days from date of publication,
but were inadvertently established as
the dates of publication. This action
corrects the erroneous effective date in
part 81 for each of the above listed
areas.
In the rule documents published in
the Federal Register on the effective
dates given in the above table, the part
81 tables for the nonattainment areas
listed in the above table are corrected by
revising the entry for the effective
designation date for these areas from the
date of publications given in the above
table to the effective dates given in the
above table (for example, for Kent &
Queen Anne, corrected from December
23, 2006 to January 22, 2007).
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 this rule is not
substantive and imposes no regulatory
requirements, but merely corrects a
citation 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).
sroberts on PROD1PC70 with RULES
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
VerDate Aug<31>2005
17:07 Dec 04, 2007
Jkt 214001
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
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. 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
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FRN
Effective date
71 FR 76920
72 FR 57207
70 FR 76165
71 FR 24
71 FR 39001
71 FR 54421
72 FR 25967
72 FR 27060
72 FR 27247
January 22, 2007.
November 8, 2007.
January 23, 2006.
February 2, 2006.
August 10, 2006.
October 16, 2006.
June 7, 2007.
June 13, 2007.
June 14, 2007.
‘‘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
December 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. These corrections
to the tables in 40 CFR 81.321, 81.339,
81.347 and 81.349 for Maryland,
Pennsylvania, Virginia and West
Virginia are not ‘‘major rules’’ as
defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 81
Air pollution control, National parks,
Wilderness areas.
Dated: November 20, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
I
40 CFR part 81 is amended as follows:
PART 81—[AMENDED]
1. The authority citation for Part 81
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
E:\FR\FM\05DER1.SGM
05DER1
68517
Federal Register / Vol. 72, No. 233 / Wednesday, December 5, 2007 / Rules and Regulations
2. In § 81.321, the table entitled
‘‘Maryland—Ozone (8-Hour Standard)’’
is amended by revising the entry for
Kent and Queen Anne’s Area to read as
follows:
I
§ 81.321
*
*
Maryland.
*
*
*
MARYLAND—OZONE (8-HOUR STANDARD)
Designation a
Category/Classification
Designated Area
Date 1
*
*
Kent and Queen Anne’s Area
Kent County ......................................
Queen Anne’s County ......................
*
*
*
January 22, 2007 ...............
January 22, 2007 ...............
*
Date 1
Type
*
Type
*
*
*
*
*
*
Attainment
Attainment
*
a Includes
1 This
Indian County located in each county or area, except otherwise noted.
date is June 15, 2004, unless otherwise noted.
*
*
*
*
*
3. In § 81.339, the table entitled
‘‘Pennsylvania-Ozone (8-Hour
Standard)’’ is amended by revising the
entry for Erie, PA: Erie County to read
as follows:
I
§ 81.339
*
*
Pennsylvania.
*
*
*
PENNSYLVANIA—OZONE (8-HOUR STANDARD)
Designation a
Category/Classification
Designated Area
Date 1
*
Erie, PA: Erie County
*
*
*
*
11/8/2007 ........................... Attainment
*
Date 1
Type
*
Type
*
*
*
*
*
*
*
a Includes
1 This
Indian County located in each county or area, except otherwise noted.
date is June 15, 2004, unless otherwise noted.
*
*
*
*
*
4. In § 81.347, the table entitled
‘‘Virginia—Ozone (8-Hour Standard)’’ is
amended by revising the entries for
I
Fredericksburg, VA and Madison and
Page Cos. (Shenandoah NP), VA Area to
read as follows:
§ 81.347
*
*
Virginia.
*
*
*
VIRGINIA—OZONE (8-HOUR STANDARD)
Designation a
Category/Classification
Designated Area
Date 1
*
*
Fredericksburg, VA:
City of Fredericksburg ......................
Spotsylvania County .........................
Stafford County ................................
Madison and Page Cos. (Shenandoah
NP), VA area:
Madison County (part) ......................
Page County (part) ...........................
*
Date 1
Type
*
*
Type
*
*
*
Attainment
Attainment
Attainment
February 2, 2006 ................
February 2, 2006 ................
*
*
January 23, 2006 ...............
January 23, 2006 ...............
January 23, 2006 ...............
*
Attainment
Attainment
*
*
*
a Includes
Indian County located in each county or area, except otherwise noted.
1 This date is June 15, 2004, unless otherwise noted.
sroberts on PROD1PC70 with RULES
*
*
*
*
*
5. In § 81.349, the table entitled ‘‘West
Virginia—Ozone (8-Hour Standard)’’ is
amended by revising the entries for
I
VerDate Aug<31>2005
17:07 Dec 04, 2007
Jkt 214001
Charleston, WV; Huntington-Ashland,
WV-KY; Parkersburg-Marietta WV-OH
Area; Wheeling, WV-OH Area; and
PO 00000
Steubenville-Weirton, OH-WV Area to
read as follows:
§ 81.349
*
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*
West Virginia.
*
05DER1
*
*
68518
Federal Register / Vol. 72, No. 233 / Wednesday, December 5, 2007 / Rules and Regulations
WEST VIRGINIA—OZONE (8-HOUR STANDARD)
Designation a
Category/Classification
Designated Area
Date 1
*
*
Charleston, WV:
Kanawha County ..............................
Putnam County .................................
Huntington-Ashland, WV-KY
Cabell County ...................................
Wayne County ..................................
Parksburg-Marietta, WV-OH Area:
Wood County ....................................
Wheeling, WV-OH area:
Marshall County ...............................
Ohio County .....................................
Steubenville-Weirton, OH-WV area:
Brooke County ..................................
Hancock County ...............................
*
*
Date 1
Type
*
*
Type
*
August 10, 2006 .................
August 10, 2006 .................
*
*
Attainment
June 14, 2007 ....................
June 14, 2007 ....................
*
Attainment
Attainment
June 7, 2007 ......................
*
Attainment
Attainment
October 16, 2006 ...............
October 16, 2006 ...............
*
Attainment
Attainment
June 13, 2007 .................... Attainment
June 13, 2007 .................... Attainment
*
*
a Includes
Indian County located in each county or area, except otherwise noted.
1 This date is June 15, 2004, unless otherwise noted.
*
*
*
*
*
[FR Doc. E7–23498 Filed 12–4–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 94
[EPA–HQ–OAR–2007–0120; FRL–8502–6]
RIN 2060–A026
Change in Deadline for Rulemaking to
Address the Control of Emissions
From New Marine CompressionIgnition Engines at or Above 30 Liters
per Cylinder
Environmental Protection
Agency (EPA).
ACTION: Final rule.
sroberts on PROD1PC70 with RULES
AGENCY:
SUMMARY: A February 2003 final rule
established the first U.S. emission
standards for new compression-ignition
Category 3 marine engines, those with a
per-cylinder displacement at or above
30 liters. It also established a deadline
of April 27, 2007 for EPA to promulgate
a second set of emission standards for
these engines. This rulemaking schedule
was intended to allow time to consider
the state of technology for deeper
emission reductions and the status of
international action for more stringent
standards. Since 2003 we have
continued to gain a greater
understanding of technical issues and
assess the continuing efforts of
manufacturers to apply advanced
Category
Industry .....................................
VerDate Aug<31>2005
17:07 Dec 04, 2007
emission control technologies to these
engines. In addition, we have continued
to work with and through the
International Maritime Organization
toward more stringent emission
standards that would apply to all new
marine diesel engines on ships engaged
in international transportation. Much of
the information necessary to develop
more stringent Category 3 marine diesel
engines standards has become available
only recently and we expect more
information to come to light in the
course of the current negotiations
underway as part of the international
process. EPA is therefore adopting a
new deadline for the rulemaking to
consider the next tier of Category 3
marine diesel engine standards. Under
this new schedule, EPA would adopt a
final rule by December 17, 2009. EPA
has started this rulemaking process by
publishing an Advance Notice of
Proposed Rulemaking elsewhere in
today’s Federal Register.
DATES: This rule is effective on January
4, 2008.
ADDRESSES: All documents in the docket
are listed in the www.regulations.gov
index under Docket ID No. EPA-HQOAR–2007–0120. Some information
listed in the index is not publicly
available, such as confidential business
information or other information for
which disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
NAICS Codea
333618
Jkt 214001
either electronically in
www.regulations.gov or in hard copy at
the EPA Docket Center, EPA/DC, EPA
West, Room 3334, 1301 Constitution
Avenue, 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 Air Docket
is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT:
Michael Samulski, Assessment and
Standards Division, Office of
Transportation and Air Quality, 2000
Traverwood Drive, Ann Arbor, MI
48105; telephone number: (734) 214–
4532; fax number: (734) 214–4050; email address:
samulski.michael@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does This Action Apply to Me?
This action will affect companies that
manufacture, sell, or import into the
United States new marine compressionignition engines for use on vessels
flagged or registered in the United
States; companies and persons that
make vessels that will be flagged or
registered in the United States and that
use such engines; and the owners or
operators of such U.S. vessels. This
action may also affect companies and
persons that rebuild or maintain these
engines. Affected categories and entities
include the following:
Examples of potentially affected entities
Manufacturers of new marine diesel engines.
PO 00000
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05DER1
]]>Agencies
[Federal Register Volume 72, Number 233 (Wednesday, December 5, 2007)]
[Rules and Regulations]
[Pages 68515-68518]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23498]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R03-OAR-2006-0353; EPA-R03-OAR-2007-0476; EPA-R03-OAR-2005-VA-
0007; EPA-R03-OAR-2005-VA-0013; EPA-R03-OAR-2005-0548; EPA-R03-OAR-
2006-0485; EPA-R03-OAR-2006-0682; EPA-R03-OAR-2006-0692; EPA-R03-OAR-
2006-0817; FRL-8500-8]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland, Pennsylvania, Virginia, West Virginia; Redesignation of 8-
Hour Ozone Nonattainment Areas to Attainment and Approval of the Areas'
Maintenance Plans and 2002 Base-Year Inventories; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document corrects an error in the part 81 tables of a
series of final rules pertaining to EPA's approval of ozone
redesignation requests for Kent and Queen Anne, Erie, Fredericksburg,
Shenandoah, Charleston, Parkersburg-Marietta, Steubenville-Weirton,
Wheeling, and Huntington-Ashland 8-hour ozone nonattainment areas. The
requests to redesignate the areas from nonattainment to attainment were
submitted by Maryland, Pennsylvania, Virginia, and West Virginia.
EFFECTIVE DATE: December 5, 2007.
FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166 or by
e-mail at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or
``our'' are used we mean EPA. The following table is a summary of the
dates on which we published final rulemaking documents announcing our
approval of three simultaneous actions for nine areas: (1)
Redesignation from nonattainment to attainment of 8-hour ozone national
ambient air quality standard (NAAQS); (2) approval of the areas'
maintenance plans, and (3) approval of the emissions 2002 base-year
inventories and mobile budgets. The effective dates for the three
actions were announced in the DATES section as being 30 days from the
date of publication.
[[Page 68516]]
----------------------------------------------------------------------------------------------------------------
State Nonattainment area Date of publication FRN Effective date
----------------------------------------------------------------------------------------------------------------
Maryland........................ Kent & Queen Anne's December 22, 2006.. 71 FR 76920 January 22, 2007.
Pennsylvania.................... Erie............... October 9, 2007.... 72 FR 57207 November 8, 2007.
Virginia........................ Fredericksburg..... December 23, 2005.. 70 FR 76165 January 23, 2006.
Shenandoah......... January 3, 2006.... 71 FR 24 February 2, 2006.
West Virginia................... Charleston......... July 11, 2006...... 71 FR 39001 August 10, 2006.
Huntington-Ashland. September 15, 2006. 71 FR 54421 October 16, 2006.
Parkersburg- May 8, 2007........ 72 FR 25967 June 7, 2007.
Marietta.
Steubenville- May 14, 2007....... 72 FR 27060 June 13, 2007.
Weirton.
Wheeling........... May 15, 2007....... 72 FR 27247 June 14, 2007.
----------------------------------------------------------------------------------------------------------------
The corresponding effective dates in the 40 CFR part 81 tables for
each nonattainment area should have also been 30 days from date of
publication, but were inadvertently established as the dates of
publication. This action corrects the erroneous effective date in part
81 for each of the above listed areas.
In the rule documents published in the Federal Register on the
effective dates given in the above table, the part 81 tables for the
nonattainment areas listed in the above table are corrected by revising
the entry for the effective designation date for these areas from the
date of publications given in the above table to the effective dates
given in the above table (for example, for Kent & Queen Anne, corrected
from December 23, 2006 to January 22, 2007).
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 this rule is not
substantive and imposes no regulatory requirements, but merely corrects
a citation 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
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 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. 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 December 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. These corrections to the tables in 40
CFR 81.321, 81.339, 81.347 and 81.349 for Maryland, Pennsylvania,
Virginia and West Virginia are not ``major rules'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: November 20, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
0
40 CFR part 81 is amended as follows:
PART 81--[AMENDED]
0
1. The authority citation for Part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
[[Page 68517]]
0
2. In Sec. 81.321, the table entitled ``Maryland--Ozone (8-Hour
Standard)'' is amended by revising the entry for Kent and Queen Anne's
Area to read as follows:
Sec. 81.321 Maryland.
* * * * *
Maryland--Ozone (8-Hour Standard)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation \a\ Category/Classification
Designated Area --------------------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Kent and Queen Anne's Area
Kent County.............. January 22, 2007.................. Attainment
Queen Anne's County...... January 22, 2007.................. Attainment
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Includes Indian County located in each county or area, except otherwise noted.
\1\ This date is June 15, 2004, unless otherwise noted.
* * * * *
0
3. In Sec. 81.339, the table entitled ``Pennsylvania-Ozone (8-Hour
Standard)'' is amended by revising the entry for Erie, PA: Erie County
to read as follows:
Sec. 81.339 Pennsylvania.
* * * * *
Pennsylvania--Ozone (8-Hour Standard)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation \a\ Category/Classification
Designated Area --------------------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Erie, PA: Erie County 11/8/2007......................... Attainment
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Includes Indian County located in each county or area, except otherwise noted.
\1\ This date is June 15, 2004, unless otherwise noted.
* * * * *
0
4. In Sec. 81.347, the table entitled ``Virginia--Ozone (8-Hour
Standard)'' is amended by revising the entries for Fredericksburg, VA
and Madison and Page Cos. (Shenandoah NP), VA Area to read as follows:
Sec. 81.347 Virginia.
* * * * *
Virginia--Ozone (8-Hour Standard)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation \a\ Category/Classification
Designated Area --------------------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Fredericksburg, VA:
City of Fredericksburg... January 23, 2006.................. Attainment
Spotsylvania County...... January 23, 2006.................. Attainment
Stafford County.......... January 23, 2006.................. Attainment
Madison and Page Cos.
(Shenandoah NP), VA area:
Madison County (part).... February 2, 2006.................. Attainment
Page County (part)....... February 2, 2006.................. Attainment
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Includes Indian County located in each county or area, except otherwise noted.
\1\ This date is June 15, 2004, unless otherwise noted.
* * * * *
0
5. In Sec. 81.349, the table entitled ``West Virginia--Ozone (8-Hour
Standard)'' is amended by revising the entries for Charleston, WV;
Huntington-Ashland, WV-KY; Parkersburg-Marietta WV-OH Area; Wheeling,
WV-OH Area; and Steubenville-Weirton, OH-WV Area to read as follows:
Sec. 81.349 West Virginia.
* * * * *
[[Page 68518]]
West Virginia--Ozone (8-Hour Standard)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation \a\ Category/Classification
Designated Area --------------------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Charleston, WV:
Kanawha County........... August 10, 2006................... Attainment
Putnam County............ August 10, 2006................... Attainment
Huntington-Ashland, WV-KY
Cabell County............ October 16, 2006.................. Attainment
Wayne County............. October 16, 2006.................. Attainment
Parksburg-Marietta, WV-OH
Area:
Wood County.............. June 7, 2007...................... Attainment
Wheeling, WV-OH area:
Marshall County.......... June 14, 2007..................... Attainment
Ohio County.............. June 14, 2007..................... Attainment
Steubenville-Weirton, OH-WV
area:
Brooke County............ June 13, 2007..................... Attainment
Hancock County........... June 13, 2007..................... Attainment
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Includes Indian County located in each county or area, except otherwise noted.
\1\ This date is June 15, 2004, unless otherwise noted.
* * * * *
[FR Doc. E7-23498 Filed 12-4-07; 8:45 am]
BILLING CODE 6560-50-P
