
[Federal Register: September 23, 2009 (Volume 74, Number 183)]
[Rules and Regulations]               
[Page 48384-48386]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23se09-5]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-0359-200915(c); FRL-8960-1]

 
Approval and Promulgation of Implementation Plans; Revisions to 
the Alabama State Implementation Plan; Birmingham and Jackson County; 
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: On March 26, 2009 (71 FR 13118), EPA published a document 
approving a revision to the Birmingham and Jackson County portions of 
the Alabama State Implementation Plan (SIP). This action adds Table 
(c), which was inadvertently omitted, to Alabama's Identification of 
Plan section of the Code of Federal Regulations (CFR).

DATES: This action is effective September 23, 2009.

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.

[[Page 48385]]


FOR FURTHER INFORMATION CONTACT: Amanetta Somerville, Air Quality 
Modeling and Transportation 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. Ms. Somerville's telephone number is 404-562-9025. She can 
also be reached via electronic mail at Somerville.amanetta@epa.gov.

SUPPLEMENTARY INFORMATION: This action adds Table (c) for a regulation 
that appears in Alabama's Identification of Plan section at 40 CFR 
52.50(c). The regulation, Alabama Chapter 335-3-17-.01 ``Transportation 
Conformity,'' was approved by EPA on March 26, 2009 (71 FR 13170). 
However, EPA inadvertently omitted Table (c) in the regulatory text of 
the Direct Final Rule. EPA is correcting this inadvertent error by 
inserting Table (c) into Alabama's Identification of Plan section of 
the Code of Federal Regulations at 40 CFR 52.50(c).
    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 identify, in the CFR, the state 
effective date of Alabama's regulation has no substantive impact on 
EPA's March 26, 2009, approval of this regulation. The omission of 
Table (c) in the regulatory text of EPA's final rule published on March 
26, 2009, makes no substantive difference to EPA's analysis as set out 
in that rule because EPA was aware at the time of our approval that the 
state regulation at issue was effective on May 26, 2009. In addition, 
EPA can identify no particular reason why the public would be 
interested in being notified of the correction of this omission, or in 
having the opportunity to comment on the correction prior to this 
action being finalized, since this correction action does not change 
the meaning of the regulation at issue or otherwise change EPA's 
analysis of Alabama's submittal (71 FR 13118). 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 error of omission in the regulatory text 
of a prior rule by adding Table (c) for the Alabama regulation which 
EPA approved on March 26, 2009. 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 the Clean Air Act (CAA), the Administrator is required to 
approve a SIP submission that complies with the provisions of the Act 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. Accordingly, 
this action merely approves state law as meeting Federal requirements 
and does not impose additional requirements beyond those imposed by 
state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 action 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 November 23, 2009. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: September 10, 2009.
 J. Scott Gordon,
Acting Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

[[Page 48386]]

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 B--Alabama

0
2. In Sec.  52.50(c) the table is amended by revising the entry for 
``Section 335-3-17.01'' to read as follows:


Sec.  52.50  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Alabama Regulations
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                                                                State
          State citation                Title/subject      effective date    EPA approval date      Explanation
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                                                  * * * * * * *
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                  Chapter 335-3-17 Conformity of Federal Actions to State Implementation Plans
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Section 335-3-17.01...............  Transportation               04/03/07  09/23/09 [Insert
                                     Conformity.                            citation of
                                                                            publication].

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[FR Doc. E9-22814 Filed 9-22-09; 8:45 am]

BILLING CODE 6560-50-P
