

[Federal Register: August 24, 2007 (Volume 72, Number 164)]
[Rules and Regulations]               
[Page 48558-48559]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24au07-7]                         


[[Page 48558]]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52 and 81

[EPA-RO4-OAR-2006-0584-200723(c); FRL-8460-6]

 
Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Kentucky: Redesignation of 
the Kentucky Portion of the Louisville 8-Hour Ozone Nonattainment Area 
to Attainment for Ozone; Technical Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

-----------------------------------------------------------------------

SUMMARY: On July 5, 2007, EPA published in the Federal Register a final 
rule redesignating the Kentucky portion of the bi-state Louisville 8-
hour ozone nonattainment area to attainment for the 8-hour ozone 
National Ambient Air Quality Standard (NAAQS). EPA inadvertently 
omitted the State effective date in the regulatory text in the final 
rule for the Louisville 8-hour ozone maintenance plan. This action 
corrects the July 5, 2007, final rule by adding a State effective date 
of September 29, 2006.

DATES: This action is effective August 24, 2007.

ADDRESSES: Copies of the documentation used in the action being 
corrected are available for inspection during normal business hours at 
the following location: U.S. Environmental Protection Agency, Region 4, 
61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The Regional 
Office's official hours of business are Monday through Friday, 8:30 to 
4:30, excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Heidi LeSane, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 
562-9074. Ms. LeSane can also be reached via electronic mail at 
Lesane.heidi@epa.gov.


SUPPLEMENTARY INFORMATION: On July 5, 2007 (72 FR 36601), EPA published 
in the Federal Register a final rule redesignating the Kentucky portion 
of the bi-state Louisville 8-hour ozone nonattainment area to 
attainment for the 8-hour ozone NAAQS. On page 33604 in the table 
titled ``EPA-Approved Kentucky Non-Regulatory Provisions'' under the 
subject ``State submittal date/effective date'' for the entry 
``Louisville 8-hour Ozone Maintenance Plan'' EPA inadvertently omitted 
the State effective date. This omission is being corrected by adding 
the State effective date of September 29, 2006.
    EPA has determined that today's action falls under the ``good 
cause'' exemption in section 553(b)(3)(B) of the Administrative 
Procedure Act (APA) which, upon finding ``good cause,'' authorizes 
agencies to dispense with public participation where public notice and 
comment procedures are impracticable, unnecessary or contrary to the 
public interest. Public notice and comment for this action are 
unnecessary because today's action to add the State effective date of 
the Louisville 8-hour ozone maintenance plan has no substantive impact 
on EPA's July 5, 2007, redesignation approval. That is, the addition of 
the State effective date makes no substantive difference to EPA's 
redesignation analysis as set out in our July 5, 2007, rule, and merely 
corrects an error made in that prior rulemaking. In addition, EPA can 
identify no particular reason why the public would be interested in 
being notified of the correction of this error or in having the 
opportunity to comment on the correction prior to this action being 
finalized, since this correction action does not change the 
redesignation approval and merely states when the Louisville 8-hour 
ozone maintenance plan was State effective.
    EPA also finds that there is good cause under APA section 553(d)(3) 
for this correction to become effective on the date of publication of 
this action. Section 553(d)(3) of the APA allows an effective date less 
than 30 days after publication ``as otherwise provided by the agency 
for good cause found and published with the rule.'' 5 U.S.C. 553(d)(3). 
The purpose of the 30-day waiting period prescribed in APA section 
553(d)(3) is to give affected parties a reasonable time to adjust their 
behavior and prepare before the final rule takes effect. Today's rule, 
however, does not create any new regulatory requirements such that 
affected parties would need time to prepare before the rule takes 
effect. Rather, today's rule merely corrects an inadvertent omission by 
adding the State effective date of the Louisville 8-hour ozone 
maintenance plan. For these reasons, EPA finds good cause under APA 
section 553(d)(3) for this correction to become effective on the date 
of publication of this action.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is 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). This action 
merely corrects an inadvertent omission and imposes no additional 
requirements beyond those imposed by State law. Accordingly, the 
Administrator certifies that this rule will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule 
merely corrects an inadvertent omission by adding the State effective 
date of the Louisville 8-hour ozone maintenance plan and does not 
impose any additional enforceable duty beyond that required by State 
law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
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). This action also does not have Federalism 
implications because it does not 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 action merely corrects an inadvertent 
omission, does not impose any new requirements on sources or allow a 
State to avoid adopting or implementing other requirements, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act (CAA). This rule also 
is not subject to Executive Order 13045, ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), because it is not economically significant and because the 
Agency does not have reason to believe that the rule concerns an 
environmental health risk or safety risk that may disproportionately 
affect children.
    In reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence

[[Page 48559]]

of a prior existing requirement for the State to use voluntary 
consensus standards (VCS), EPA has no authority to disapprove a SIP 
submission for failure to use VCS. It would thus be inconsistent with 
applicable law for EPA, when it reviews a SIP submission, to use VCS in 
place of a SIP submission that otherwise satisfies the provisions of 
the CAA. 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. This rule does not impose an information collection burden 
under the provisions of 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. 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 23, 2007. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2) of the CAA.)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: August 16, 2007.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart S--Kentucky

0
2. Section 52.920(e) is amended by revising the entry for ``Louisville 
8-hour Ozone Maintenance Plan'' to read as follows:


Sec.  52.920  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Kentucky Non-regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                       Applicable           State
   Name of non-regulatory SIP        geographic or     submittal date/  EPA  approval date       Explanation
            provision              nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Louisville 8-hour Ozone           Bullitt County,          09/26/2006  07/05/07, 72 FR
 Maintenance Plan.                 Jefferson County,                    36601.
                                   Oldham County.
----------------------------------------------------------------------------------------------------------------

 [FR Doc. E7-16804 Filed 8-23-07; 8:45 am]

BILLING CODE 6560-50-P
