

[Federal Register: January 14, 2008 (Volume 73, Number 9)]
[Rules and Regulations]               
[Page 2162-2163]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja08-7]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2007-0175; EPA-R03-OAR-2007-0476; EPA-R03-OAR-2007-0344; 
FRL-8515-1]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Redesignation of 8-Hour Ozone Nonattainment Areas to 
Attainment and Approval of the Areas' Maintenance Plans and 2002 Base-
Year Inventories; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: This document corrects an error in the preamble language of 
the final rules pertaining to EPA's approval of the redesignation of 
Reading, Erie, and Youngstown 8-hour ozone nonattainment areas to 
attainment, maintenance plans and 2002 base year inventories submitted 
by the Commonwealth of Pennsylvania.

DATES: Effective Date: January 14, 2008.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182 or by e-
mail at quinto.rose@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or 
``our'' are used we mean EPA. On August 24, 2007 (72 FR 48559); October 
9, 2007 (72 FR 57207); and October 19, 2007 (72 FR 59213), we published 
final rulemaking actions announcing our approval and promulgation of 
Pennsylvania's redesignation of the Reading, Erie, and Youngstown 8-
hour ozone nonattainment areas to attainment and approval of the 
associated maintenance plans and 2002 base year inventories, 
respectively. In these documents, EPA inadvertently printed the 
incorrect data in a table entitled, Adequate and Approved Motor Vehicle 
Emission Budgets (MVEBs) in tons per day (tpd) for 2009 and 2018. This 
action corrects the tables in the final rulemaking actions reflecting 
the correct data for the 2009 and 2018 MVEBs for Reading, Erie, and 
Youngstown Areas.

Corrections

(1) Reading, Berks County, Pennsylvania Ozone Nonattainment Area 
(Reading Area)

    In rule document E7-16683, on page 48561, the table is corrected as 
follows:

          Adequate and Approved Motor Vehicle Emissions Budgets
                          in Tons per Day (TPD)
------------------------------------------------------------------------
               Budget year                      NOX             VOC
------------------------------------------------------------------------
2009....................................            21.3            13.1
2018....................................             9.0             7.5
------------------------------------------------------------------------

(2) Erie County, Pennsylvania Ozone Nonattainment Area (Erie Area)

    In rule document E7-19633, on page 57208, the table is corrected as 
follows:

          Adequate and Approved Motor Vehicle Emissions Budgets
                          in Tons per Day (TPD)
------------------------------------------------------------------------
               Budget year                      NOX             VOC
------------------------------------------------------------------------
2009....................................             6.9            16.1
2018....................................             4.5             7.3
------------------------------------------------------------------------


[[Page 2163]]

(3) Mercer County Portion of the Youngstown-Warren-Sharon, OH-PA Ozone 
Nonattainment Area (Youngstown Area)

    In rule document E7-20567, on page 59214, the table is corrected as 
follows:

  Adequate and Approved Motor Vehicle Emissions Budgets in Tons per Day
                                  (TPD)
------------------------------------------------------------------------
               Budget Year                      NOX             VOC
------------------------------------------------------------------------
2009....................................             4.5            11.6
2018....................................             3.0             5.3
------------------------------------------------------------------------

    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(3)(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 this rule is not 
substantive and imposes no regulatory requirements, but merely corrects 
a citation 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)(3)(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 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 approves a state rule 
implementing a Federal standard.
    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 January 14, 
2008. 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 tables on 
the MVEBs for Reading, Erie, and Youngstown, Pennsylvania are not 
``major rules'' as defined by 5 U.S.C. 804(2).

    Dated: December 27, 2007.
William T. Wisniewski,
Acting Regional Administrator, Region III.
 [FR Doc. E8-277 Filed 1-11-08; 8:45 am]

BILLING CODE 6560-50-P
