

[Federal Register: July 5, 2007 (Volume 72, Number 128)]
[Rules and Regulations]               
[Page 36599-36601]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05jy07-7]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0046; EPA-R05-OAR-2006-0891; EPA-R05-OAR-2006-0892; 
FRL-8335-6]

 
Determination of Attainment, Approval and Promulgation of 
Implementation Plans and Designation of Areas for Air Quality Planning 
Purposes; Ohio; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: This document corrects an error in the final rule pertaining 
to the Motor Vehicle Emissions Budgets (MVEBs) for Washington County 
(Parkersburg-Marietta, WV-OH), Jefferson County, (Steubenville-Weirton, 
WV-OH), Belmont County (Wheeling, WV-OH), Stark County (Canton, OH) and 
Allen County (Lima, OH). The Environmental Protection Agency (EPA) 
proposed MVEBs for 2009 and 2018 for each of these Ohio counties. In 
the final approvals for the redesignation of these areas to attainment 
of the 8-hour ozone standard, EPA provide the 2018 MVEBs for each 
county but inadvertently omitted the 2009 interim MVEBs that were 
discussed in the proposed rules. This technical correction to these 
final rules provides the 2009 MVEBs.

EFFECTIVE DATE: This final rule is effective on July 5, 2007.

FOR FURTHER INFORMATION CONTACT: Steve Marquardt, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-3214, marquardt.steve@epa.gov.

SUPPLEMENTARY INFORMATION: EPA published four notices of final 
rulemaking to redesignate Washington County (Parkersburg-Marietta, WV-
OH), Jefferson County, (Steubenville-Weirton, WV-OH), Belmont County 
(Wheeling, WV-OH), Stark County (Canton, OH) and Allen County (Lima, 
OH) areas to attainment for the 8-hour ozone standard. For each of 
these counties EPA had proposed approval of the 2009 and 2018 MVEBs. In 
each of the final rulemaking notices, EPA omitted the 2009 MVEBs from 
the final rules. This is a correction to add these 2009 MVEBs.

Correction

    For Allen County, and Stark County, Ohio, in the final rule 
published in the Federal Register on May 16, 2007 (70 FR 27647), on 
page 27649 in the first column, first paragraph: ``In addition, and 
supported by and consistent with the ozone maintenance plan, EPA is 
approving the 2018 VOC and NOX MVEBs for each county for 
transportation conformity purposes. The 2018 motor vehicle * * *'' is 
corrected to read: ``In addition, and supported by and consistent with 
the ozone maintenance plan, EPA is approving the 2009 and 2018 VOC and 
NOX MVEBs for each county for transportation conformity 
purposes. The 2009 MVEB for Allen County, Ohio are 5.08 tons per day of 
VOC and 8.28 tons per day of NOX. The 2018 MVEBs for Allen 
County are 2.89 tons per day VOC and 3.47 tons per day of 
NOX. For Stark County, Ohio, the 2009 MVEB area 10.02 tons 
per day of VOC and 18.03 tons per day of NOX and the 2018 
MVEBs are 5.37 tons per day of VOC and 7.08 tons per day of 
NOX.
    For Belmont County, Ohio, in the final rule published in the 
Federal Register on May 16, 2007 (70 FR 27644), on page 27645 in the 
first column, first paragraph: ``In addition, and supported by and 
consistent with the ozone maintenance plan, EPA is approving the 2018 
VOC and NOX MVEBs for transportation conformity purposes. 
The 2018 MVEBs * * *'' is corrected to read: ``In addition, and 
supported by and consistent with the ozone maintenance plan, EPA is 
approving the 2009 and 2018 VOC and NOX MVEBs for 
transportation conformity purposes. For Belmont County, Ohio, the 2009 
MVEBs are 2.60 tons per day of VOC and 2.22 tons per day of 
NOX and the 2018 MVEBs are 1.52 tons per day of VOC and 1.91 
tons per day of NOX. West Virginia develops MVEBs for its 
portion of the area.''
    For Jefferson County, Ohio, in the final rule published in the 
Federal Register on May 16, 2007 (70 FR 27640), on page 27641 in the 
first column, first paragraph: ``In addition, and supported by and 
consistent with the ozone maintenance plan, EPA is approving the 2018 
volatile organic compound (VOC) and oxides of nitrogen (NOX) 
MVEBs for Jefferson County for transportation conformity purposes. The 
2018 MVEBs * * *'' is corrected to read: ``In addition, and supported 
by and

[[Page 36600]]

consistent with the ozone maintenance plan, EPA is approving the 2009 
and 2018 volatile organic compound (VOC) and oxides of nitrogen 
(NOX) MVEBs for Jefferson County for transportation 
conformity purposes. The 2009 MVEBs are 2.63 tons per day of VOC and 
4.10 tons per day of NOX and the 2018 MVEBs are 1.37 tons 
per day of VOC and 1.67 tons per day of NOX.''
    For Washington County, Ohio, in the final rule published in the 
Federal Register on May 16, 2007 (70 FR 27652), on page 27653 in the 
first column, first paragraph: ``In addition, and supported by and 
consistent with the ozone maintenance plan, EPA is approving the 2018 
volatile organic compound (VOC) and oxides of nitrogen (NOX) 
MVEBs for Washington County for transportation conformity purposes. The 
2018 MVEBs * * *'' is corrected to read: ``In addition, and supported 
by and consistent with the ozone maintenance plan, EPA is approving the 
2009 and 2018 volatile organic compound (VOC) and oxides of nitrogen 
(NOX) MVEBs for Washington County for transportation 
conformity purposes. The 2009 MVEBs are 2.59 tons per day of VOC and 
3.58 tons per day of NOX and the 2018 MVEBs are 1.67 tons 
per day of VOC and 1.76 tons per day of NOX. West Virginia 
develops MVEBs for its portion of the area.''
    EPA is also making changes to 40 CFR 52.1885(ff) in order to 
include the 2009 MVEBs for the Ohio Counties.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(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 omission 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)(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 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 July 5, 
2007. 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 part 52 for 
Ohio is not a ``major rule'' as defined by 5 U.S.C. 804(2).

    Dated: June 25, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.

0
Parts 52, chapter I, title 40 of the Code of Federal Regulations 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 KK--Ohio

0
2. Section 52.1885 is amended by revising paragraphs (ff) introductory 
text and (ff)(1) through (4) to read as follows:


Sec.  52.1885  Control strategy: Ozone.

* * * * *
    (ff) Approval--The 8-hour ozone maintenance plans for the following 
areas have been approved:
    (1) Jefferson County, as submitted on July 31, 2006 and 
supplemented on October 3, 2006. The maintenance plan establishes 2009 
motor vehicle emissions budgets (MVEBs) for Jefferson County of 2.63 
tons per day (tpd) of volatile organic compounds (VOCs) and 4.10 tpd of 
oxides of nitrogen (NOX), and 2018 motor vehicle emission 
budgets of 1.37 tpd of VOCs and 1.67 tpd of NOX.
    (2) Belmont County, as submitted on June 20, 2006, and supplemented 
on August 24, 2006, and December 4, 2006. The maintenance plan 
establishes 2009 MVEBs for Belmont County of 2.60 tpd of VOCs and 2.22 
tpd of NOX and 2018

[[Page 36601]]

MVEBs of 1.52 tpd of VOCs and 1.91 tpd of NOX.
    (3) Allen County and Stark County, as submitted on June 20, 2006, 
and supplemented on August 24, 2006, and December 4, 2006. The 
maintenance plan establishes 2009 MVEBs for Allen County of 5.08 tpd of 
VOCs and 8.28 tpd of NOX, and 2018 MVEBs for Allen County of 
2.89 tpd of VOCs and 3.47 tpd of NOX. For Stark County the 
2009 MVEBs are 10.02 tpd of VOCs and 18.03 tpd of NOX, and 
the 2018 budgets are 5.37 tpd of VOC and 7.08 tpd of NOX.
    (4) Washington County, as submitted on September 22, 2006, and 
supplemented on November 17, 2006. The maintenance plan establishes 
2009 MVEBs for Washington County of 2.59 tpd of VOCs and 3.58 tpd of 
NOX, and 2018 MVEBs for Washington county of 1.67 tpd of 
VOCs and 1.76 tpd of NOX.

[FR Doc. E7-13000 Filed 7-3-07; 8:45 am]

BILLING CODE 6560-50-P
