[Federal Register Volume 66, Number 162 (Tuesday, August 21, 2001)]
[Rules and Regulations]
[Pages 43797-43798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21033]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4130a; FRL-7039-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC and NOX RACT Determinations for Four 
Individual Sources in the Pittsburgh-Beaver Valley Area; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; correction.

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SUMMARY: This document corrects an error in the preamble language of 
the final rule pertaining to EPA's approval of VOC and NOX 
RACT determinations for four individual sources in the Pittsburgh-
Beaver Valley Area submitted by the Commonwealth of Pennsylvania.

EFFECTIVE DATE: September 24, 2001.

FOR FURTHER INFORMATION CONTACT: Rose Quinto (215) 814-2182, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: On August 10, 2001 (66 FR 42136), EPA 
published a direct final rulemaking action announcing EPA's approval of 
VOC and NOX RACT determinations for four individual sources 
in the Pittsburgh-Beaver Valley Area. In the preamble of this document, 
EPA inadvertently stated that three sources (Ashland Chemical 
Corporation, Hercules Incorporated, and Neville Chemical Company) were 
subject to additional post-RACT requirements to reduce NOX 
found at 25 PA Code Chapters 121, 123 and 145. This action removes the 
erroneous language from the preamble.

Corrections

    In rule document 01-20241 beginning on page 42136 in the issue of 
Friday,

[[Page 43798]]

August 10, 2001, make the following corrections:
    1. On page 42138, first column, remove the last sentence of the 
first paragraph.
    2. On page 42138, second column, remove the last sentence of the 
first paragraph.
    3. On page 42139, second column, remove the last sentence of the 
first paragraph.
    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. 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)(B).

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. 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 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 September 
24, 2001. 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 
rule document 01-20241 for Pennsylvania is not a ``major rule'' as 
defined by 5 U.S.C. 804(2).

    Dated: August 14, 2001.
Thomas C. Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 01-21033 Filed 8-20-01; 8:45 am]
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