[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Rules and Regulations]
[Pages 37132-37133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14509]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0385; FRL-9824-2]
Approval and Promulgation of Implementation Plans; Revised Format
for Materials Being Incorporated by Reference for Florida; Approval of
Recodification of the Florida Administrative Code; Correcting
Amendments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Correcting amendments.
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SUMMARY: On June 16, 1999, EPA published a final rule in the Federal
Register approving a Florida State Implementation Plan (SIP) revision,
submitted through the Florida Department of Environmental Protection
(FDEP) on April 15, 1996. The submission related to miscellaneous
changes and the recodification of the Florida Administrative Code
(F.A.C.). In addition, the submittal also contained several regulations
that were supposed to be removed from the SIP. EPA's June 16, 1999,
action approved the miscellaneous rule revisions, repeals and
corrections; however, it failed to ensure the regulatory text reflected
all of the repeals. This correcting amendment corrects and clarifies
errors in the regulatory language in paragraph (c) of EPA's June 16,
1999, final rule.
DATES: Effective on June 20, 2013.
FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Quality Modeling
and Transportation 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) 562-9222. Ms. Sheckler can be reached via
electronic mail at [email protected].
SUPPLEMENTARY INFORMATION: Today's action corrects inadvertent errors
in EPA's June 16, 1999, final rulemaking. Specifically, this correcting
amendment clarifies that EPA's June 16, 1999, action approved the
State's implementation plan revision that repealed F.A.C. rules 62-
297.411 (DEP Method 1), 62-297.412 (DEP Method 2), 62-297.413 (DEP
Method 3), 62-297.415 (DEP Method 5), 62-297.416 (DEP Method 5A), 62-
297.417 (DEP Method 6) and, 62-297.423 (EPA Method 12-Determination of
Inorganic Lead Emissions from Stationary Emission Units). The June 16,
1999, final rule approved the removal of the test method rules from the
SIP. These rules were repealed because they were obsolete. Another rule
change provided for the incorporation of the federally approved
American Society for Testing and Materials (ASTM) methods. However,
EPA's regulatory text did not properly indicate that the rules were
repealed. This action corrects these inadvertent errors.
EPA has determined that today's actions fall 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 inadvertent regulatory
text errors included with EPA's June 16, 1999, final rule are
consistent with the substantive revisions to the Florida SIP described
in the direct final rule addressing the miscellaneous revisions and the
recodification of F.A.C. to make the SIP less complex and correct
typographical errors. 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 addressing the
recodification and miscellaneous revisions to 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 inadvertent errors in
the regulatory text of EPA's prior rulemaking 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 in the regulatory text of EPA's
June 16, 1999, final rule addressing the recodification of the Florida
SIP, and miscellaneous changes and imposes no additional requirements
beyond those already 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 in the regulatory text of EPA's
June 16, 1999, final rules addressing miscellaneous revisions and the
recodification of F.A.C. to make the SIP less complex and to correct
typographical errors, and does not impose any additional enforceable
duty beyond that already 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 (Public Law
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 inadvertent
errors in the regulatory text of EPA's June 16, 1999, final rule by
removing certain repealed rules from the regulatory text, and does
[[Page 37133]]
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. 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: June 3, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is corrected by making the following correcting
amendments:
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
Sec. 52.520 [Amended]
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2. Section 52.520(c) is amended under Chapter 62-297 by removing the
entries for ``62-297.411'', ``62-297.412'', ``62-297.413'', ``62-
297.415'', ``62-297.416'', ``62-297.417'' and ``62-297.423''.
[FR Doc. 2013-14509 Filed 6-19-13; 8:45 am]
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