[Federal Register: March 12, 1999 (Volume 64, Number 48)] [Rules and Regulations] [Page 12256-12257] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr12mr99-9] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [CA 152-0131 FRL-6235-4] Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision; Kern County Air Pollution County District AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule; correction. ----------------------------------------------------------------------- SUMMARY: This action corrects language to Title 40 of the Code of Federal Regulations that appeared in a direct final rule published in the Federal Register on December 21, 1998. EFFECTIVE DATE: This action is effective on April 12, 1999. FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Rulemaking Office, Air Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415)744-1197. SUPPLEMENTARY INFORMATION: On December 21, 1998 at 63 FR 70348, EPA published a direct final rulemaking action approving various sections of the California State Implementation Plan (SIP). This action contained amendments to 40 CFR Part 52, Subpart F. The amendments which incorporated material by reference into Sec. 52.220, Identification of plan, paragraphs (24)(vii)(E), (52)(i)(C), (67)(iii)(C),(75)(iii), (101)(ii)(F), and (140)(ii)(B) incorrectly identified the Valley Basin portion of Kern County as being the portion of Kern County within which the rules were being deleted from the SIP. The Valley Basin portion of Kern County resides in the San Joaquin Valley Air Basin portion of Kern County, and is under the jurisdiction of the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD), where the rules will not be removed until SJVUAPCD replacement rules are approved for inclusion in the SIP. Therefore, the paragraphs should reflect that the Southeast Desert Air Basin is the only portion of Kern County being deleted from the SIP without replacement. This action corrects those paragraphs. In addition, paragraph (24)(vii)(E) incorrectly stated that, ``Previously approved on August 22, 1997 and deleted with replacement Rule 404.'' That paragraph should read, ``Previously approved on August 22, 1997 and deleted without replacement Rule 404'' and is being corrected in this action. 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. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described in the Unfunded Mandates Reform Act of 1995 (P.L. 104-4), or require prior consultation with State officials as specified by Executive Order 12875 (58 FR 58093, October 28, 1993), or involve special consideration of environmental justice related issues as required by Executive Order 12898 (59 FR 7629, February 16, 1994). Because this action is not subject to notice-and-comment requirements under the Administrative Procedure Act or any other statute, it is not subject to the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business Regulatory Enforcement Fairness Act of 1996, EPA submitted a report containing this rule [[Page 12257]] and other required information to the U.S. Senate, the U.S. House of Representatives and the Comptroller General of the General Accounting Office prior to publication of this rule in today's Federal Register. This rule 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, Hydrocarbons, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Note: Incorporation by reference of the State Implementation Plan for the State of California was approved by the Director of the Federal Register on July 1, 1982. Dated: February 11, 1999. Laura Yoshii, Deputy Regional Administrator, Region IX. Part 52, chapter I, title 40 of the Code of Federal Regulations 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 F--California 2. Section 52.220 is amended by revising paragraphs (c) (24)(vii)(E), (c)(52)(i)(C), (c)(67)(iii)(C), (c)(75)(iii), (c)(101)(ii)(F), and (c)(140)(ii)(B) to read as follows: Sec. 52.220 Identification of Plan. * * * * * (c) * * * (24) * * * (vii) * * * (E) Previously approved on August 22, 1977 and now deleted without replacement for implementation in the Southeast Desert Air Basin, Rule 404. * * * * * (52) * * * (i) * * * (C) Previously approved on August 21, 1981 and now deleted without replacement for implementation in the Southeast Desert Air Basin, Rule 414.2. * * * * * (67) * * * (iii) * * * (C) Previously approved on July 8, 1982 and now deleted without replacement for implementation in the Southeast Desert Air Basin, Rule 411.1. * * * * * (75) * * * (iii) Previously approved on August 21, 1981 and now deleted without replacement for implementation in the Southeast Desert Air Basin, Rule 414.3. * * * * * (101) * * * (ii) * * * (F) Previously approved on October 11, 1983 and now deleted without replacement for implementation in the Southeast Desert Air Basin, Rule 414.4. * * * * * (140) * * * (ii) * * * (B) Previously approved on May 3, 1994 and now deleted without replacement for implementation in the Southeast Desert Air Basin, Rule 408. * * * * * [FR Doc. 99-6177 Filed 3-11-99; 8:45 am] BILLING CODE 6560-50-P