[Federal Register Volume 77, Number 245 (Thursday, December 20, 2012)]
[Rules and Regulations]
[Pages 75386-75388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30103]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0444; FRL-9760-9]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Fredericksburg 8-Hour Ozone Maintenance Area Revision to
Approved Motor Vehicle Emissions Budgets
AGENCY: Environmental Protection Agency (EPA).
[[Page 75387]]
ACTION: Final rule; correcting amendment.
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SUMMARY: This document corrects an error in the rule language of a
final rule pertaining to EPA's approval of the revised motor vehicle
emissions budgets (MVEBs) for the Fredericksburg 8-Hour Ozone
Maintenance Area (Fredericksburg Area). The previous rulemaking updated
the 2009 and 2015 MVEBs using EPA's Motor Vehicle Emissions Simulator
emissions model (MOVES2010a).
DATES: This correcting amendment is effective December 20, 2012 and is
applicable beginning November 28, 2012.
FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by
email at [email protected].
SUPPLEMENTARY INFORMATION: On October 29, 2012 (77 FR 65490), EPA
published a final rulemaking action announcing approval of updated
MVEBs for the Fredericksburg Area. The document inadvertently removed
historical information in section 52.2420(e) concerning the underlying
8-Hour Ozone Maintenance Plan for the Fredericksburg Area. The document
also listed incorrect emissions budgets in section 52.2424(c) for the
Fredericksburg Area. This action corrects these oversights.
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(3)(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)(3)(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 Fed. Reg. 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 November
28, 2012. 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 52.2424 for the Commonwealth of Virginia is not a ``major rule''
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Accordingly, in 40 CFR part 52, the following correcting amendments
are made:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for 40 CFR part 52 continues to read as
follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart VV--Virginia
0
2. In Sec. 52.2420, the table in paragraph (e) is amended by revising
the entry for the 8-Hour Ozone Maintenance Plan for the Fredericksburg
Area to read as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(e) EPA-approved nonregulatory and quasi-regulatory material.
[[Page 75388]]
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Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA approval date explanation
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* * * * * * *
8-Hour Ozone Maintenance Plan for City of 5/4/05 12/23/05, 70 FR
the Fredericksburg Area. Fredericksburg, 76165.
Spotsylvania
County, and
Stafford County.
................... 9/26/11 12/20/12 [Insert Revised 2009 and
page number where 2015 motor vehicle
the document emission budgets
begins]. for NOX.
* * * * * * *
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0
3. Section 52.2424 paragraph (c) is revised to read as follows:
Sec. 52.2424 Motor vehicle emissions budgets.
* * * * *
(c) EPA approves the following revised 2009 and 2015 motor vehicle
emissions budgets (MVEBs) for the Fredericksburg 8-Hour Ozone
Maintenance Area submitted by the Virginia Department of Environmental
Quality (VADEQ) on September 26, 2011:
------------------------------------------------------------------------
Tons per day
Applicable geographic area Year (TPD) NOX
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Fredericksburg Area (Spotsylvania and 2009 19.615
Stafford Counties and City of
Fredericksburg)........................
Fredericksburg Area (Spotsylvania and 2015 12.933
Stafford Counties and City of
Fredericksburg)........................
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Dated: November 27, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-30103 Filed 12-19-12; 8:45 am]
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