[Federal Register Volume 77, Number 228 (Tuesday, November 27, 2012)]
[Rules and Regulations]
[Pages 70687-70689]
From the Federal Register Online via the Government Publishing 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
[email protected].
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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