
[Federal Register Volume 77, Number 245 (Thursday, December 20, 2012)]
[Rules and Regulations]
[Pages 75386-75388]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30103]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0444; FRL-9760-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Fredericksburg 8-Hour Ozone Maintenance Area Revision to 
Approved Motor Vehicle Emissions Budgets

AGENCY: Environmental Protection Agency (EPA).

[[Page 75387]]


ACTION: Final rule; correcting amendment.

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SUMMARY: This document corrects an error in the rule language of a 
final rule pertaining to EPA's approval of the revised motor vehicle 
emissions budgets (MVEBs) for the Fredericksburg 8-Hour Ozone 
Maintenance Area (Fredericksburg Area). The previous rulemaking updated 
the 2009 and 2015 MVEBs using EPA's Motor Vehicle Emissions Simulator 
emissions model (MOVES2010a).

DATES: This correcting amendment is effective December 20, 2012 and is 
applicable beginning November 28, 2012.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by 
email at becoat.gregory@epa.gov.

SUPPLEMENTARY INFORMATION: On October 29, 2012 (77 FR 65490), EPA 
published a final rulemaking action announcing approval of updated 
MVEBs for the Fredericksburg Area. The document inadvertently removed 
historical information in section 52.2420(e) concerning the underlying 
8-Hour Ozone Maintenance Plan for the Fredericksburg Area. The document 
also listed incorrect emissions budgets in section 52.2424(c) for the 
Fredericksburg Area. This action corrects these oversights.
    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 we are merely correcting 
an incorrect 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 (E.O.) 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 Fed. Reg. 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 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 November 
28, 2012. 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 52.2424 for the Commonwealth of Virginia 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Accordingly, in 40 CFR part 52, the following correcting amendments 
are made:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for 40 CFR part 52 continues to read as 
follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (e) is amended by revising 
the entry for the 8-Hour Ozone Maintenance Plan for the Fredericksburg 
Area to read as follows:


Sec.  52.2420  Identification of plan.

* * * * *
    (e) EPA-approved nonregulatory and quasi-regulatory material.

[[Page 75388]]



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    Name of non-regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
8-Hour Ozone Maintenance Plan for  City of                      5/4/05  12/23/05, 70 FR
 the Fredericksburg Area.           Fredericksburg,                      76165.
                                    Spotsylvania
                                    County, and
                                    Stafford County.
                                   ...................         9/26/11  12/20/12 [Insert     Revised 2009 and
                                                                         page number where    2015 motor vehicle
                                                                         the document         emission budgets
                                                                         begins].             for NOX.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
3. Section 52.2424 paragraph (c) is revised to read as follows:


Sec.  52.2424  Motor vehicle emissions budgets.

* * * * *
    (c) EPA approves the following revised 2009 and 2015 motor vehicle 
emissions budgets (MVEBs) for the Fredericksburg 8-Hour Ozone 
Maintenance Area submitted by the Virginia Department of Environmental 
Quality (VADEQ) on September 26, 2011:

------------------------------------------------------------------------
                                                           Tons per day
       Applicable geographic area              Year          (TPD) NOX
------------------------------------------------------------------------
Fredericksburg Area (Spotsylvania and               2009          19.615
 Stafford Counties and City of
 Fredericksburg)........................
Fredericksburg Area (Spotsylvania and               2015          12.933
 Stafford Counties and City of
 Fredericksburg)........................
------------------------------------------------------------------------


    Dated: November 27, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-30103 Filed 12-19-12; 8:45 am]
BILLING CODE 6560-50-P


