
[Federal Register: December 19, 2008 (Volume 73, Number 245)]
[Rules and Regulations]               
[Page 77517]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de08-9]                         

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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
