[Federal Register Volume 78, Number 64 (Wednesday, April 3, 2013)]
[Rules and Regulations]
[Pages 19990-19991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07649]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2009-0807; FRL-9783-6]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Ohio Ambient Air Quality Standards; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document corrects an error in the codification in an
October 26, 2010, final rule under the Clean Air Act. This rule
approved revisions to Ohio regulations that consolidated air quality
standards in a new chapter of rules and adjusted the rule references
accordingly in various related rules. Of particular note is a revision
that adjusted the provision for measurements for comparison with the
particulate matter air quality standards. EPA erroneously codified
approval of the entirety of the rule, which may be misread as having
inadvertently approved several other provisions which were not
addressed in the October 26, 2010 final rule, and which EPA in separate
rulemaking had proposed to disapprove. Therefore, EPA is correcting its
action to clarify the codification to show that only one paragraph of
this rule was approved. This action simply makes the codification
consistent with the approval.
DATES: This final rule is effective on April 3, 2013.
FOR FURTHER INFORMATION CONTACT: John Summerhays, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6067,
[email protected].
SUPPLEMENTARY INFORMATION: On October 26, 2010, EPA published a final
approval of Ohio rules consolidating the State's air quality standards
into Ohio Administrative Code (OAC) 3745-25 and modifying an assortment
of related rules, mostly providing test methods for measurements used
to assess attainment of those standards, so that these related rules
would properly reference the relocated air quality standard rules. This
action was published at 75 FR 65572 as a direct final rule.
In codifying the approval of these rules, EPA erroneously appeared
to approve the entirety of the modified rules, even though in some
cases only one paragraph was addressed or modified. OAC 3745-17-03
included pertinent revisions in paragraph (A) specifying test methods
for the particulate matter air quality standards. However, OAC 3745-17-
03 also included numerous unrelated revisions that had not been
previously approved, most notably including revisions that EPA had
proposed to disapprove (see 70 FR 36901, published June 27, 2005).
EPA's notice of direct final rulemaking published October 26, 2010,
provided no discussion of the issues related to the other sections of
OAC 3745-17-03, reflecting the fact that EPA intended only to approve
and codify the revisions in OAC 3745-17-03(A). Therefore, EPA today is
correcting the codification for that action to indicate that only OAC
3745-17-03(A) of that rule is approved. This makes the codification
match the approval.
Correction
In the codification published in the Federal Register on October
26, 2010 (75 FR 65572), on page 65574 in the second column, the
paragraph numbered (c)(138)(i)(A), erroneously reading: ``Ohio
Administrative Code Rule 3745-17-03 `Measurement methods and
procedures.', effective April 18, 2009,'' is corrected to read:
``Paragraph (A) of Ohio Administrative Code Rule 3745-17-03,
`Measurement methods and procedures.', effective April 18, 2009.''
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. EPA has determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because EPA is merely correcting
an incorrect codification in a previous action. The corrected
codification reflects the revisions that EPA approved in its direct
final rule. We find that this constitutes good cause under 5 U.S.C.
553(b)(B). Thus, notice and opportunity for public comment are
unnecessary.
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
[[Page 19991]]
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 April 3,
2013. 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 Ohio
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, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: February 11, 2013.
Susan Hedman,
Regional Administrator, Region 5.
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.
0
2. Section 52.1870 is amended by revising paragraph (c)(151)(i)(A) to
read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
(151) * * *
(i) * * *
(A) Paragraph (A) of Ohio Administrative Code Rule 3745-17-03,
``Measurement methods and procedures.'', effective April 18, 2009.
* * * * *
[FR Doc. 2013-07649 Filed 4-2-13; 8:45 am]
BILLING CODE 6560-50-P