National Ambient Air Quality Standards for Lead, 77517 [E8-30199]

Download as PDF Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Rules and Regulations 77517 APPENDIX A TO SUBPART A OF SUBPART A OF PART 3020—MAIL CLASSIFICATION SCHEDULE—Continued International Restricted Delivery [Reserved for Product Description] International Insurance [Reserved for Product Description] Negotiated Service Agreements [Reserved for Group Description] Domestic [Reserved for Product Description] Outbound International [Reserved for Group Description] [FR Doc. E8–30169 Filed 12–18–08; 8:45 am] BILLING CODE 7710–FW–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 58 [EPA–HQ–OAR–2006–0735; FRL–8754–9] RIN 2060–AN83 National Ambient Air Quality Standards for Lead AGENCY: Environmental Protection Agency (EPA). ACTION: Correcting amendment. SUMMARY: The EPA issued a final rule on November 12, 2008 (effective date January 12, 2009) that revised the National Ambient Air Quality Standard (NAAQS) for lead (Pb) and associated monitoring requirements. This document makes a minor correction to the November 12, 2008, action to correct a typographical error in the regulatory text for the rule. DATES: This correction is effective January 12, 2009. FOR FURTHER INFORMATION CONTACT: Mr. Kevin Cavender, Air Quality Assessment Division (C304–06), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541– 2364; fax number: (919) 541–1903; email address: Cavender.kevin@epa.gov. SUPPLEMENTARY INFORMATION: Background The EPA issued a final rule on November 12, 2008 (effective date January 12, 2009) that revised the NAAQS for Pb and associated Pb monitoring requirements. As part of the Pb monitoring requirements, monitoring agencies are required to develop a plan for establishing Pb monitoring sites in accordance with the requirements of appendix D of Part 58. A number of requirements for this plan were listed including the identification of (1) the designation of any Pb monitors as either source-oriented or non-source-oriented according to Appendix D to 40 CFR part 58, (2) any source-oriented monitors for which a waiver has been requested or VerDate Aug<31>2005 14:44 Dec 18, 2008 Jkt 217001 granted by the EPA Regional Administrator as allowed for under paragraph 4.5(a)(ii) of Appendix D to 40 CFR part 58, and (3) any source-oriented or non-source-oriented site for which a waiver has been requested or granted by the EPA Regional Administrator for the use of Pb-PM10 monitoring in lieu of PbTSP monitoring as allowed for under paragraph 2.10 of Appendix C to 40 CFR Part 58. These requirements were correctly included in the amended regulatory text for 40 CFR Part 58 in the final rule. In describing the amendments to the existing regulatory text, EPA accurately included a reference adding paragraph 58.10 (b)(9) (which contains the first requirement identified above). Although the notice included the text of paragraphs 58.10 (b)(10) and (b)(11) (which contain the second and third requirements identified above), EPA inadvertently failed to specify that these paragraphs were also being added to the existing regulatory text in the amendatory language. Need for Correction As published, the regulatory text in the final regulation contains a minor error that, if not corrected, would result in an error in the publication of the regulatory amendment in the Code of Federal Regulations. This action merely addresses an error in describing how the CFR regulatory text is amended, and not the amended regulatory text itself. Thus it is proper to issue this action with out notice and comment. Section 553 of the Administrative Procedure Act (APA), 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 this action final without prior proposal and opportunity for comment because the change to the rule is a minor technical correction, is non-controversial, and does not substantively change the agency actions taken in the final rule. We similarly have determined there is good cause for making this rule effective January 12, 2009, because that is the same day the revisions to the Pb NAAQS and the monitoring requirements become PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 effective under the rule published November 12, 2008. Corrections of Publication The EPA issued a final rule on November 12, 2008 that revised the NAAQS for Pb and associated monitoring requirements. Instruction 15 on how the Code of Federal Regulations is amended inadvertently failed to identify two paragraphs as amendments to 40 CFR 58.10. As published in the November 12, 2008 final rule, instruction 15 reads as follows: ‘‘15. Section 58.10, is amended by added paragraph subsections (a)(4) and adding paragraph (b)(9) to read as follows:’’ In FR Doc. E8–25654 published November 12, 2008 (73 FR 66964), make the following correction. On page 67059, in the center column, amendatory instruction 15 is corrected to read as follows: ‘‘15. Section 58.10, is amended by adding paragraph (a)(4) and adding paragraphs (b)(9) through (b)(11) to read as follows:’’ List of Subjects in 40 CFR Part 58 Environmental protection, Air pollution control, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: December 12, 2008. Robert J. Meyers, Principal Deputy Assistant Administrator, Office of Air and Radiation. [FR Doc. E8–30199 Filed 12–18–08; 8:45 am] BILLING CODE 6560–50–P GENERAL SERVICES ADMINISTRATION 41 CFR Part 102–74 [FMR Amendment 2008-08; FMR Case 2008– 102–3; Docket 2008–0001; Sequence 5] RIN 3090–AI78 Federal Management Regulation; FMR Case 2008–102–3, Real Property Policies Update – Smoking Restrictions AGENCY: Office of Governmentwide Policy, General Services Administration (GSA). ACTION: Final rule. E:\FR\FM\19DER1.SGM 19DER1

Agencies

[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Rules and Regulations]
[Page 77517]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30199]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 58

[EPA-HQ-OAR-2006-0735; FRL-8754-9]
RIN 2060-AN83


National Ambient Air Quality Standards for Lead

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting amendment.

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SUMMARY: The EPA issued a final rule on November 12, 2008 (effective 
date January 12, 2009) that revised the National Ambient Air Quality 
Standard (NAAQS) for lead (Pb) and associated monitoring requirements. 
This document makes a minor correction to the November 12, 2008, action 
to correct a typographical error in the regulatory text for the rule.

DATES: This correction is effective January 12, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. Kevin Cavender, Air Quality 
Assessment Division (C304-06), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711; telephone number: (919) 541-2364; fax 
number: (919) 541-1903; e-mail address: Cavender.kevin@epa.gov.

SUPPLEMENTARY INFORMATION: 

Background

    The EPA issued a final rule on November 12, 2008 (effective date 
January 12, 2009) that revised the NAAQS for Pb and associated Pb 
monitoring requirements. As part of the Pb monitoring requirements, 
monitoring agencies are required to develop a plan for establishing Pb 
monitoring sites in accordance with the requirements of appendix D of 
Part 58. A number of requirements for this plan were listed including 
the identification of (1) the designation of any Pb monitors as either 
source-oriented or non-source-oriented according to Appendix D to 40 
CFR part 58, (2) any source-oriented monitors for which a waiver has 
been requested or granted by the EPA Regional Administrator as allowed 
for under paragraph 4.5(a)(ii) of Appendix D to 40 CFR part 58, and (3) 
any source-oriented or non-source-oriented site for which a waiver has 
been requested or granted by the EPA Regional Administrator for the use 
of Pb-PM10 monitoring in lieu of Pb-TSP monitoring as 
allowed for under paragraph 2.10 of Appendix C to 40 CFR Part 58. These 
requirements were correctly included in the amended regulatory text for 
40 CFR Part 58 in the final rule. In describing the amendments to the 
existing regulatory text, EPA accurately included a reference adding 
paragraph 58.10 (b)(9) (which contains the first requirement identified 
above). Although the notice included the text of paragraphs 58.10 
(b)(10) and (b)(11) (which contain the second and third requirements 
identified above), EPA inadvertently failed to specify that these 
paragraphs were also being added to the existing regulatory text in the 
amendatory language.

Need for Correction

    As published, the regulatory text in the final regulation contains 
a minor error that, if not corrected, would result in an error in the 
publication of the regulatory amendment in the Code of Federal 
Regulations. This action merely addresses an error in describing how 
the CFR regulatory text is amended, and not the amended regulatory text 
itself. Thus it is proper to issue this action with out notice and 
comment. Section 553 of the Administrative Procedure Act (APA), 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 this action final 
without prior proposal and opportunity for comment because the change 
to the rule is a minor technical correction, is non-controversial, and 
does not substantively change the agency actions taken in the final 
rule. We similarly have determined there is good cause for making this 
rule effective January 12, 2009, because that is the same day the 
revisions to the Pb NAAQS and the monitoring requirements become 
effective under the rule published November 12, 2008.

Corrections of Publication

    The EPA issued a final rule on November 12, 2008 that revised the 
NAAQS for Pb and associated monitoring requirements. Instruction 15 on 
how the Code of Federal Regulations is amended inadvertently failed to 
identify two paragraphs as amendments to 40 CFR 58.10. As published in 
the November 12, 2008 final rule, instruction 15 reads as follows:
    ``15. Section 58.10, is amended by added paragraph subsections 
(a)(4) and adding paragraph (b)(9) to read as follows:''
    In FR Doc. E8-25654 published November 12, 2008 (73 FR 66964), make 
the following correction. On page 67059, in the center column, 
amendatory instruction 15 is corrected to read as follows:
    ``15. Section 58.10, is amended by adding paragraph (a)(4) and 
adding paragraphs (b)(9) through (b)(11) to read as follows:''

List of Subjects in 40 CFR Part 58

    Environmental protection, Air pollution control, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: December 12, 2008.
Robert J. Meyers,
Principal Deputy Assistant Administrator, Office of Air and Radiation.
 [FR Doc. E8-30199 Filed 12-18-08; 8:45 am]
BILLING CODE 6560-50-P