
[Federal Register: February 3, 2010 (Volume 75, Number 22)]
[Rules and Regulations]               
[Page 5514-5515]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03fe10-9]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2009-0771; FRL-9108-7]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: This document corrects an error in the amendatory instruction 
in a November 20, 2009 final rule pertaining to the Indiana State 
Implementation Plan (SIP) revision updating the definition of 
``References to the Code of Federal Regulations,'' to refer to the 2008 
edition. The amendatory instruction in that rulemaking conflicts with 
the actual amendment language. EPA, therefore, is correcting the 
erroneous amendatory instructions.

DATES: Effective Date: This final rule is effective on February 3, 
2010.

FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-8328, panos.christos@epa.gov.

SUPPLEMENTARY INFORMATION: EPA published a final rule document on 
November 20, 2009, (74 FR 60197) approving Indiana's request to revise 
the Indiana SIP by updating the definition of ``References to the Code 
of Federal Regulations,'' to refer to the 2008 edition. In this 
approval EPA erroneously identified the paragraph being added to 40 CFR 
52.770. The amendatory instruction in that rulemaking conflicts with 
the actual amendment language. The amendatory language says to add 
paragraph (c)(192), but the actual language being added is for 
paragraph (c)(191). Therefore, the amendatory instruction should have 
referred to paragraph (c)(191).

Correction

    In the final rule published in the Federal Register on November 20, 
2009, (74 FR 60197), on page 60199, second column, in amendatory 
instruction 2, in the second line, ``* * * adding paragraph (c)(192) * 
* *'' should have read: ``* * * adding paragraph (c)(191) * * *''.
    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 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)(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 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 February 3, 
2010. 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 for 
Indiana is not a ``major rule'' as defined by 5 U.S.C. 804(2).


[[Page 5515]]


    Dated: January 22, 2010.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.

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 P--Indiana


Sec.  52.770  [Amended]

0
2. Section 52.770 is amended by redesignating paragraph (c)(192) as 
paragraph (c)(191).

[FR Doc. 2010-2248 Filed 2-2-10; 8:45 am]
BILLING CODE 6560-50-P

