[Federal Register Volume 65, Number 35 (Tuesday, February 22, 2000)]
[Rules and Regulations]
[Pages 8656-8657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4047]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[AH-FRL-6540-1]


Technical Amendment: Requirements for Preparation, Adoption, and 
Submittal of State Implementation Plans

AGENCY: Environmental Protection Agency (EPA).

ACTION: Technical amendment.

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SUMMARY: In today's action we correct a text error in the regulations 
on Requirements for Preparation, Adoption, and Submittal of State 
Implementation Plans. This error results from an omission in making 
conforming amendments when subpart D was removed in 1995.

DATES: This technical amendment is effective on February 22, 2000.

FOR FURTHER INFORMATION CONTACT: Tom Coulter, Air Quality Modeling 
Group (MD-14), Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Research Triangle Park, NC 27711; 
telephone (919) 541-0832.

SUPPLEMENTARY INFORMATION:

Background

    On March 4, 1995 the President directed all Federal agencies and 
departments to conduct a comprehensive review of the regulations they 
administer and, by June 1, 1995, to identify those rules that are 
obsolete or unduly burdensome. EPA conducted a review of all of its 
rules, including rules issued under the Clean Air Act (CAA), as amended 
(42 U.S.C. 7401 et seq.). Based on this review, we issued on June 29, 
1995 a final rule that eliminated a number of obsolete CAA rules from 
the CFR. These rules were no longer legally in effect because (1) they 
implemented statutory provisions which have been repealed, (2) they 
expired by their own terms or by the terms of the statute, or (3) they 
were vacated (i.e., declared void and of no effect) by a court.
    Because it was superseded by section 175A of the 1991 CAA, which 
provides the requirements for maintenance plans, we decided to include 
subpart D of 40 CFR Part 51, Maintenance of National Standards, in 
these removals (60 FR 33915). This subpart covered a discussion of Air 
Quality Maintenance Areas (AQMA) and included Secs. 40-63. This removal 
was reflected in the July 1995 issue of the Code of Federal 
Regulations. Paragraph (d)(6) of Sec. 51.102 refers to materials that 
were removed with the subpart D deletion, specifically, AQMA (paragraph 
(d)(6)(ii)) and Sec. 51.63 itself. We failed to include this paragraph 
along with the removal of subpart D.

Final Action

    To correct this error, we are removing paragraph (d)(6) from 
Sec. 51.102 which relates to the case of hearings on AQMA plans. The 
action merely makes a conforming correction to eliminate CFR references 
to provisions that no longer exist. Because this action is a technical, 
non-substantive correction, we have made a ``good cause'' finding under 
section 553(b)(B) of the Administrative Procedures Act that notice and 
public procedure are unnecessary. We are thus issuing this correction 
notice without prior proposal because the Agency views it as non-
controversial and anticipates no adverse comments.

Administrative Requirements

    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. Because the 
agency has made a ``good cause'' finding that this action is not 
subject to notice-and-comment requirements under the Administrative 
Procedure Act or any other statute (see Final Action), 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) (Public Law 104-4). In 
addition, this action does not significantly or uniquely affect small 
governments or impose a significant

[[Page 8657]]

intergovernmental mandate, as described in sections 203 and 204 of 
UMRA. This rule also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This rule will 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 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, 1988) 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 provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act (CRA; 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 has made such a good cause finding, including 
the reasons therefor, and established an effective date of February 22, 
2000.
    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 action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 51

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Carbon monoxide, Intergovernmental relations, 
Lead, Nitrogen oxides, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: February 10, 2000.
Robert A. Perciasepe,
Assistant Administrator, Office of Air and Radiation.


    Part 51, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF 
IMPLEMENTATION PLANS

    1. The authority citation for part 51 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

    2. Section 51.102 is amended by removing paragraph (d)(6).

[FR Doc. 00-4047 Filed 2-18-00; 8:45 am]
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