

[Federal Register: August 28, 2007 (Volume 72, Number 166)]
[Rules and Regulations]               
[Page 49203-49204]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au07-29]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2007-0462; FRL-8458-9]

 
Revisions to the California State Implementation Plan, Sacramento 
Metropolitan Air Quality Management District and San Joaquin Valley Air 
Pollution Control District; Technical Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; technical amendment.

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SUMMARY: On August 1, 2007, EPA published in the  Federal Register a 
document to approve revisions to the Sacramento Metropolitan Air 
Quality Management District (SMAQMD) and San Joaquin Valley Air 
Pollution Control District (SJVAPCD) portions of the California State 
Implementation Plan (SIP). This action corrects the paragraph number of 
that regulation.

DATES: This correction is effective on August 28, 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 
IX, 75 Hawthorne Street, San Francisco, CA 94105-3901. The Regional 
Office's official hours of business are Monday through Friday, 8 a.m. 
to 4:30 p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Francisco D[oacute][ntilde]ez, EPA 
Region IX, (415) 972-3956, Donez.Francisco@epa.gov.

SUPPLEMENTARY INFORMATION: On August 1, 2007 (72 FR 41894), EPA 
published direct final rulemaking action approving a section of the 
California State Implementation Plan (SIP). This action contained 
amendments to 40 CFR Part 52, Subpart F. The amendment which 
incorporated material by reference into Sec.  52.220, Identification of 
plan, paragraph (c)(347) is incorrect. That amendment is being 
corrected in this action.
    EPA has determined that today's action falls under the ``good 
cause'' exemption in section 3(b)(3)(B) of the Administrative 
Procedures 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 correct 40 CFR part 52 has no 
substantive impact on EPA's August 1, 2007, direct final rule approval. 
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 approval status.
    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 
behaviour 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 error. 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 is therefore not 
subject to review by the Office of Management and Budget. In addition, 
this action does not impose any enforceable duty or contain any 
unfunded mandate as described in the Unfunded Mandates Reform Act of 
1995 (Pub. L. 104-4), or require prior consultation with State 
officials as specified by Executive Order 12875 (58 FR 58093, October 
28, 1993), or involve special consideration of environmental justice 
related issues as required by Executive Order 12898 (59 FR 7629, 
February 16, 1994).
    Because this action is not subject to notice-and-comment 
requirements under the Administrative Procedure Act or any other 
statute, it is not subject to the provisions of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.)
    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 error, 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 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.).
    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
General Accounting Office prior to publication of this rule in today's 
Federal Register. This rule 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 29, 2007. Filing a

[[Page 49204]]

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, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: August 10, 2007.
Laura Yoshii,
Acting Regional Administrator, Region IX.

0
Part 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. 7401-7671q.

Subpart F--California

0
2. Section 52.220 is amended by redesignating paragraph (c)(347) (as 
added on August 1, 2007 at 73 FR 41894), as paragraph (c)(348) and by 
revising newly designated paragraph (c)(348) introductory text to read 
as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (348) New and amended rules for the following APCDs were submitted 
on December 29, 2006, by the Governor's designee.
* * * * *
[FR Doc. E7-16699 Filed 8-27-07; 8:45 am]

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