[Federal Register: November 25, 2002 (Volume 67, Number 227)]
[Rules and Regulations]
[Page 70554-70555]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25no02-14]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[SIP No. MT23-1-6402; FRL-7412-2]
Approval and Promulgation of Air Quality Implementation Plans;
Montana; State Implementation Plan Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical correction.
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SUMMARY: On September 19, 1975, we approved the East Helena Sulfur
Dioxide (SO2) State Implementation Plan (SIP). Additionally,
on May 1, 1984, we approved revisions to the East Helena SO2
SIP. Finally, on January 27, 1995, we approved additional revisions to
the East Helena SO2 SIP. The East Helena SO2 SIP
approved on January 27, 1995, superceded the East Helena SO2
SIP approved on September 19, 1975, and terminated the East Helena
SO2 SIP approved on May 1, 1984. However, when we approved
the SIP revision on January 27, 1995, we did not indicate that it
superceded and terminated earlier SIP approvals. EPA is making a
correction to the regulatory language to clarify that the earlier East
Helena SO2 SIP revisions have been superceded or terminated
by the East Helena SO2 SIP approved on January 27, 1995.
DATES: This rule is effective on December 26, 2002.
FOR FURTHER INFORMATION CONTACT: Laurie Ostrand, EPA, Region 8, (303)
312-6437
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'' or
``our'' is used it means EPA.
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
incorrect text in previous rulemakings. Thus, notice and public
procedure are unnecessary. We find that this constitutes good cause
under 5 U.S.C. 553(b)(B).
I. Correction
When we approved the East Helena Sulfur Dioxide (SO2)
State Implementation Plan (SIP) on January 27, 1995 (60 FR 5313)
(codified at 40 CFR 52.1370(c)(37)), we should have indicated that our
September 19, 1975 (40 FR 43216) (currently codified at 40 CFR
52.1370(c)(5)), approval of the East Helena SO2 SIP was
superceded and that effective after November 15, 1995, our May 1, 1984
(49 FR 18482) (codified at 40 CFR 52.1370(c)(16)), approval of a
revision to the East Helena SO2 SIP was terminated. The
Board Order issued on March 18, 1994, by the Montana Board of Health
and Environmental Sciences, and incorporated by reference at 40 CFR
52.1370(c)(37)(i)(B), indicates that the SIP supercedes all
requirements contained in the existing provisions of the SIP relating
to sulfur dioxide in East Helena * * * except the provisions that
relate to catalyst screening which terminated effective after November
15, 1995. We approved the East Helena SO2 SIP on January 27,
1995, that contained an attainment demonstration and a control strategy
for the primary SO2 NAAQS. Therefore, pursuant to section
110(k)(6) of the Clean Air Act, we are clarifying 40 CFR 52.1370(c)(37)
to indicate that the East Helena SO2 SIP revision submitted
on March 30, 1994, supercedes the East Helena SO2 SIP
approved in paragraph (c)(5) and, effective after November 15, 1995,
terminates the East Helena SO2 SIP approved in paragraph
(c)(16).
II. Administrative Requirements
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. This rule is
not subject to Executive Order 13211, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May
[[Page 70555]]
22, 2001) because it is not a significant regulatory action under
Executive Order 12866. Because the agency has made a ``good cause''
finding that this action is not subject to notice-and-comment
requirements under the Administrative Procedure 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 government, as specified
in 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.). EPA's compliance with these statutes and
Executive Orders for the underlying rules are discussed in the
September 19, 1975, May 1, 1984, and January 27, 1995, actions
approving revisions to the East Helena SO2 SIP.
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 has made such a good cause finding, including
the reasons therefore, and established an effective date of December
26, 2002. 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 identification of plan for Montana 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, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: November 14, 2002.
Kerrigan G. Clough,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart BB--Montana
2. Section 52.1370 is amended by revising the introductory text of
paragraph (c)(37) to read as follows:
Sec. 52.1370 Identification of plan.
* * * * *
(c) * * *
(37) The Governor of Montana submitted a State Implementation Plan
(SIP) revision meeting the requirements for the primary SO2
NAAQS SIP for the East Helena, Montana nonattainment area with a letter
dated March 30, 1994. The submittal was to satisfy those SO2
nonattainment area SIP requirements due for East Helena on May 15,
1992. The East Helena SO2 SIP revision submitted on March
30, 1994, supercedes the East Helena SO2 SIP approved in
paragraph (c)(5) of this section and, effective after November 15,
1995, terminates the East Helena SO2 SIP approved in
paragraph (c)(16) of this section.
* * * * *
[FR Doc. 02-29775 Filed 11-22-02; 8:45 am]
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