[Federal Register Volume 65, Number 162 (Monday, August 21, 2000)]
[Rules and Regulations]
[Pages 50651-50652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21079]



[[Page 50651]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[AZ072-0085C; FRL-6852-6]


Approval and Promulgation of Maintenance Plan and Designation of 
Area for Air Quality Planning Purposes for Carbon Monoxide; State of 
Arizona

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: This action corrects a final rule that was published in the 
Federal Register on June 8, 2000 approving the request of Arizona for 
the redesignation of the Tucson Air Planning Area to attainment for the 
carbon monoxide National Ambient Air Quality Standard and for approval 
of a maintenance plan.

EFFECTIVE DATE: This action is effective on August 21, 2000.

FOR FURTHER INFORMATION CONTACT: Eleanor Kaplan, Air Planning Office, 
Air Division, U.S. Environmental Protection Agency, Region IX, 75 
Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1159.

SUPPLEMENTARY INFORMATION: On June 8, 2000 at 65 FR 36353, EPA 
published a final rulemaking action approving the request of Arizona 
for the redesignation of the Tucson Air Planning Area to attainment for 
the carbon monoxide National Ambient Air Quality Standard and for 
approval of a maintenance plan. The final rulemaking contained 
amendments to 40 CFR part 52 relating to revised Arizona statutes and 
to 40 CFR part 81 relating to attainment status designations. Two of 
those amendments were incomplete. This action will correct the listing 
under Sec. 52.120(c)(96)(i)(A)(1) to add Sections 7 and 8 of House Bill 
2254 which were omitted. This action will also correct the description 
of the boundaries for the ``Tucson Area'' contained in Sec. 81.303 
which was incomplete.
    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 amending the tables 
in 40 CFR 52.120 and 81.303 that were contained in the final approval 
of the Arizona request for redesignation to attainment of the carbon 
monoxide National Ambient Air Quality Standard for the Tucson Air 
Planning Area and approval of a maintenance plan that was published in 
the Federal Register on June 8, 2000. That redesignation was previously 
subject to notice and comment. Thus, notice and public procedure are 
unnecessary. EPA finds that this constitutes good cause under 5 U.S.C. 
553(b)(B).

Summary of Final Action

    In this action EPA is correcting amendments to 40 CFR part 52, 
subpart D and 40 CFR part 81, subpart C that were contained in the 
final Federal Register Notice published on June 8, 2000 redesignating 
the Tucson Air Planning Area to attainment for the carbon monoxide 
National Ambient Air Quality Standard. Specifically, this action amends 
Sec. 52.120 relating to Arizona revised statutes and Sec. 81.303 
describing the boundaries for the Tucson Air Planning Area.

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, 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 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 implication 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.). EPA's compliance with 
these statutes and Executive Orders for the underlying rule is 
discussed in the June 8, 2000 Federal Register action.
    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 has made such a good cause finding, including 
the reasons therefor, and established an effective date of August 21, 
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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate Matter, Reporting 
and recordkeeping requirements, Sulfur dioxide, Volatile organic 
compounds.

[[Page 50652]]

40 CFR Part 81

    Environmental protection, Air pollution control.

    Authority: 42 U.S.C. 7401 et seq.

John Wise,
Acting Regional Administrator, Region IX.

    For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart D--Arizona

    2. Section 52.120 is amended by revising paragraph (c)(96)(i)(A)(1) 
to read as follows:


Sec. 52.120  Identification of plan.

* * * * *
    (c) * * *
    (i) * * *
    (A) * * *
    (96) * * *
    (1) House Bill 2254, Section 1: ARS 41-3009.01 (amended); Section 
2: 49-541.01 (amended); Section 3: 49-542 (amended); Section 4: 49-545 
(amended); Section 5: 49-557 (amended); Section 6: 49-573 (amended); 
Section 7: 41-803 (amended) and Section 8: 41-401.01 (amended), adopted 
on May 18, 1999.
* * * * *

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart C--Arizona

    2. In Sec. 81.303 the table for ``Arizona-Carbon Monoxide'' is 
amended by revising the entry for ``Tucson area: Pima County (part)'' 
to read as follows:


Sec. 81.303  Arizona

* * * * *

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                                                Arizona--Carbon Monoxide  Designation                                Classification
           Designated Area           -------------------------------------------------------------------------------------------------------------------
                                                  Date                   Type Attainment                    Date                         Type
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                   *                  *                  *                  *                  *                  *                  *
Tucson Area:                          September 20, 2000.
    Pima County (part):
        Township and Ranges as
         follows: T11-12S, R12-14E;
         T13-15S, R11-16E; and T16S,
         R12-16e Gila and Salt River
         Baseline and Meridian
         excluding portions of the
         Saguaro National Monument
         and the Coronado National
         Forest.
                   *                  *                  *                  *                  *                  *                  *
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[FR Doc. 00-21079 Filed 8-18-00; 8:45 am]
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