[Federal Register: August 8, 2007 (Volume 72, Number 152)]
[Rules and Regulations]
[Page 44383-44384]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au07-8]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R05-OAR-2006-0459; FRL-8450-3]
Determination of Attainment, Approval of Designation of Areas for
Air Quality Planning Purposes; Indiana; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendment.
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SUMMARY: This document corrects errors in the final rule redesignating
LaPorte County, Indiana (LaPorte CO., IN) to attainment for the 8-hour
ozone National Ambient Air Quality Standard (NAAQS). In the final
approval for the redesignation of this area, EPA inadvertently titled
the designation codification table as ``OHIO OZONE'' instead of
``Indiana-Ozone'', and inadvertently specified the effective date of
this action in the designation table as August 20, 2007, even though
the effective date of the final rule was July 19, 2007, as specified in
the DATES portion of the final rule. This technical correction to the
final rule corrects these errors.
DATES: Effective Date: This final rule is effective on August 8, 2007.
FOR FURTHER INFORMATION CONTACT: Edward Doty, Environmental Scientist,
Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604,
(312) 886-6057, doty.edward@epa.gov.
SUPPLEMENTARY INFORMATION: EPA published a notice of final rulemaking
to redesignate LaPorte County, Indiana (LaPorte CO., IN) to attainment
of the 8-hour ozone standard on July 19, 2007 (72 FR 39574). In the
designation codification table used to revise the 8-hour ozone
designation of this area, EPA incorrectly titled the table as ``OHIO
OZONE.'' This should have read as ``Indiana-Ozone.'' In the same
designation codification table, EPA incorrectly specified the effective
date of the redesignation as August 20, 2007. This differed from the
actual effective date of the final rule, July 19, 2007, as specified in
the DATES section of the final rule. EPA intended to make the
redesignation of this area effective upon the date of the publication
of the final rule.
Correction
For LaPorte County in the final rule published in the Federal
Register on July 19, 2007 (72 FR 39574), on page 39576 in the
codification table, the table title: ``OHIO OZONE'' is corrected to
read ``Indiana-Ozone''. In the second column of the same codification
table, the Date: ``8/20/07'' is corrected to read ``7/19/07''. EPA is
making changes in 40 CFR 81.315 in order to correct the codification of
the 8-hour ozone designation for LaPorte County, Indiana.
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
errors in a previous action. Thus, notice and public procedure are
unnecessary. We find that this constitutes good cause under 5 U.S.C.
553(b)(B).
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is, therefore,
not subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). Because
the agency has made a ``good cause'' finding that this action is not
subject to notice-and-comment requirements under the Administrative
Procedures Act or any other statute as indicated in the SUPPLEMENTARY
INFORMATION section above, it is not subject to the regulatory
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C 601
et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform
Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not
significantly or uniquely affect small governments or impose a
significant intergovernmental mandate, as described in sections 203 and
204 of UMRA. This rule also does not have a substantial direct effect
on one or more Indian tribes, on the relationship between the Federal
Government and
[[Page 44384]]
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it have
substantial direct effects on the States, on the relationship between
the National Government and the States, or on the distribution of power
and responsibilities among the various levels of governments, as
specified by Executive Order 13132 (64 FR 43255, August 10, 1999). This
rule also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant.
This technical correction action does not involve technical
standards; thus the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. The rule also does not involve special consideration of
environmental justice related issues as required by Executive Order
12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has
taken the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct, as required by section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996). EPA has complied with Executive Order 12630
(53 FR 8859, March 15, 1998) by examining the takings implications of
the rule in accordance with the ``Attorney General's Supplemental
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated
Takings'' issued under the executive order. This rule does not impose
an information collection burden under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act (5 U.S.C. 801 et seq.), as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement. 5 U.S.C. 808(2).
As stated previously, EPA had made such a good cause finding, including
the reasons therefore, and established an effective date of August 8,
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 81 for
Indiana is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Dated: July 26, 2007.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.
0
Part 81, chapter I, title 40 of the Code of Federal Regulations 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.
0
2. Section 81.315 is amended by revising the entries for LaPorte
County, Indiana: LaPorte County in the table entitled ``Indiana-Ozone
(8-Hour Standard)'' to read as follows:
Sec. 81.315 Indiana.
* * * * *
Indiana--Ozone (8-Hour Standard)
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Designation \a\ Classification
Designated area --------------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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* * * * * * *
LaPorte CO., IN:
LaPorte County................. 7/19/07 Attainment............
* * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
[FR Doc. E7-15246 Filed 8-7-07; 8:45 am]
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