
[Federal Register Volume 77, Number 228 (Tuesday, November 27, 2012)]
[Rules and Regulations]
[Pages 70687-70689]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28589]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2011-0809; FRL-9754-5]


Approval and Promulgation of Implementation Plans; Florida; 
Section 128 and 110(a)(2)(E)(ii) and (G) Infrastructure Requirements 
for the 1997 8-hour Ozone National Ambient Air Quality Standards; 
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule, correction.

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SUMMARY: EPA published in the Federal Register of July 30, 2012, a 
final rule approving portions of the State Implementation Plan (SIP) 
revision submitted by the State of Florida, through the Florida 
Department of Environmental Protection (FDEP) on May 24, 2012, as 
demonstrating that the State met the SIP requirements of the Clean Air 
Act (CAA or the Act) for the 1997 8-hour ozone national ambient air 
quality standards (NAAQS). In that final rule, EPA approved Florida's 
infrastructure submission, provided to EPA on May 24, 2012, which 
included state statues to be incorporated into the SIP to address 
infrastructure requirements regarding state boards and emergency 
powers. While EPA discussed in the final rulemaking that it was taking 
action to approve certain state statues into the Florida SIP to address 
the state board requirements and emergency powers, EPA inadvertently 
did not list these state statues in the regulatory text of the July 30, 
2012, final rule. Accordingly, this rulemaking corrects that 
inadvertent regulatory text omission.

[[Page 70688]]


DATES: Effective November 27, 2012.

FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, 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) 562-9140. Ms. Ward can be reached via electronic mail at 
ward.nacosta@epa.gov.

SUPPLEMENTARY INFORMATION: This action corrects an inadvertent omission 
in the regulatory language in a July 30, 2012, final rulemaking where 
EPA approved certain state statues into the Florida SIP to address 
section 110(a)(2)(E)(ii) regarding state boards and 110(a)(2)(G) 
regarding emergency powers for the 1997 8-hour ozone NAAQS. See 77 FR 
29581. In the July 30, 2012, final rule, EPA inadvertently did not list 
these state statues in the regulatory text. Accordingly, this 
rulemaking corrects that inadvertent regulatory text omission.
    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 is 
unnecessary because today's action to correct an inadvertent regulatory 
text omission included with EPA's July 30, 2012, final rule is 
consistent with the substantive revisions to the Florida SIP described 
in the May 18, 2012, proposed rule for the July 30, 2012, final rule. 
See 77 FR 29581. As such, public notice and comment has been provided 
for these revisions and additional notice and comment procedures are 
unnecessary. In addition, EPA can identify no particular reason why the 
public would be interested in being notified of the correction, 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 EPA's analysis or action to approve certain state 
statues as addressing the state board and emergency episode 
requirements for 1997 8-hour ozone NAAQS into the Florida SIP. 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 action merely corrects an inadvertent omission 
for the regulatory text of a prior rulemaking by listing these state 
statues in the regulatory text for the Florida SIP. 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 for the regulatory text of 
EPA's July 30, 2012, final rule to approve certain state statues as 
addressing the state board and emergency episode requirements for 1997 
8-hour ozone NAAQS into the Florida SIP, 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 for the regulatory text of 
EPA's July 30, 2012, final rule to approve certain state statues as 
addressing the state board and emergency episode requirements for 1997 
8-hour ozone NAAQS into the Florida SIP, 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 rule 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 rule merely corrects an inadvertent 
omission for the regulatory text of EPA's July 30, 2012, final rule to 
approve certain state statues as addressing the state board and 
emergency episode requirements for 1997 8-hour ozone NAAQS into the 
Florida SIP, and does not alter the relationship or the distribution of 
power and responsibilities established in the 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. In addition, this 
rule 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. This rule also 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. section 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 January 28, 2013.
    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

[[Page 70689]]

of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. See CAA section 307(b)(2).

    Dated: November 14, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
    40 CFR part 52 is amended as follows:

PART 52--[APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS]

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

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

Subpart K--Florida

0
2. Section 52.520(c), is amended by adding in numerical order a new 
entry for ``State Statutes,'' at the end of the table to read as 
follows:


Sec.  52.520  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Florida Regulations
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                                                             State
     State citation (Section)         Title/subject     effective date   EPA approval date       Explanation
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                                                  * * * * * * *
                                                 State Statutes
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112.3143(4)......................  Voting Conflict....       4/19/2012  7/30/2012 77 FR      To satisfy the
                                                                         44485.               requirements of
                                                                                              sections 128 and
                                                                                              110(a)(2)(E)(ii).
112.3144.........................  Full and Public           4/19/2012  7/30/2012 77 FR      To satisfy the
                                    Disclosure of                        44485.               requirements of
                                    Financial                                                 sections 128 and
                                    Interests.                                                110(a)(2)(E)(ii).
403.131..........................  Injunctive relief,        4/19/2012  7/30/2012 77 FR      To satisfy the
                                    remedies.                            44485.               requirements of
                                                                                              section
                                                                                              110(a)(2)(G).
120.569..........................  Decisions which           4/19/2012  7/30/2012 77 FR      To satisfy the
                                    affect substantial                   44485.               requirements of
                                    interests.                                                section
                                                                                              110(a)(2)(G).
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[FR Doc. 2012-28589 Filed 11-26-12; 8:45 am]
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