[Federal Register Volume 67, Number 27 (Friday, February 8, 2002)]
[Rules and Regulations]
[Pages 5952-5953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2977]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KY-200214; FRL-7138-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Kentucky; Revisions to the 1-Hour Ozone Maintenance State 
Implementation Plan for the Paducah Area, Kentucky; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: On August 20, 2001, EPA published a direct final action 
approving revisions to the 1-hour ozone maintenance state 
implementation plan (SIP) for Marshall and a portion of Livingston 
Counties, Kentucky (the Paducah area). Those revisions were 
incorporated by reference into the Kentucky SIP by adding an entry to 
the table ``EPA-Approved Kentucky Nonregulatory Provisions'' contained 
in the Code of Federal Regulations (CFR). Today's document makes 
corrections that affect two entries in that table.

EFFECTIVE DATE: This final rule is effective on February 8, 2002.

FOR FURTHER INFORMATION CONTACT: Lynorae Benjamin, Air Quality Modeling 
and Transportation Planning Section, Air Planning Branch, U.S. 
Environmental Protection Agency Region 4, 61 Forsyth Street, SW, 
Atlanta, Georgia 30303-8960, 404/562-9040, ([email protected]).

SUPPLEMENTARY INFORMATION: On August 20, 2001 (66 FR 43488), EPA 
published a direct final action approving revisions to the 1-hour ozone 
maintenance SIP for the Paducah area, Kentucky. Those revisions were 
incorporated by reference into the Kentucky SIP by adding the entry 
``Appendix 21'' to the table ``EPA-Approved Kentucky Nonregulatory 
Provisions'' that is contained in 40 CFR 52.920(e). On October 23, 
2001, (66 FR 53662) EPA took final action to approve negative 
declarations for four control techniques guideline categories for a 
portion of the Louisville area. These revisions were also incorporated 
by reference as ``Appendix 21'' to the above-mentioned table. Thus, two 
different revisions were mistakenly incorporated by reference as the 
same entry to this table. In addition, the original Paducah area 
maintenance plan was approved as ``Appendix 14'' of this same table. 
The title/subject of ``Appendix 14'' was also mistakenly identified as 
``Maintenance Plan for Pudach Area.'' Today's document makes all the 
necessary corrections to this table by revising the entry ``Appendix 
14'' as follows. The subject/title is corrected to read ``Maintenance 
Plan for the Paducah Area.'' The State effective date, EPA approval 
date, and Federal Register Notice cite are revised to reference the 
revision to the Paducah area maintenance plan that was approved in the 
August 20, 2001, direct final action (66 FR 43488). The entry 
``Appendix 21'' will now reference only the negative declarations that 
were approved in the October 23, 2001, final action (66 FR 53662).

Administrative Requirements

    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 incorrect federal citation for a previous action and 
imposes no additional requirements beyond those 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.). 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 action 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 action 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 action merely corrects a federal 
citation of a state rule implementing a Federal standard, and does not 
alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act (CAA). This action 
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, since this action is only correcting a federal 
citation for a SIP submission that has already been approved by EPA, 
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 
action 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 (U.S.). EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of

[[Page 5953]]

Representatives, and the Comptroller General of the U.S. 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).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 9, 2002. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Volatile Organic 
Compounds.

    Dated: January 24, 2002.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    Part 52 of chapter I, title 40, Code of Federal Regulations, is 
amended as follows:

PART 52--[AMENDED]

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

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

Subpart S--Kentucky

    2. Section 52.920 paragraph (e)(3) is amended by revising the entry 
for Appendix 14 in the table to read as follows:


Sec. 52.920  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Kentucky Nonregulatory Provisions
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                                                                State         EPA
              Appendix                    Title/subject       effective     approval    Federal Register Notice
                                                                 date         date
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                                                        *
14.................................  Maintenance Plan for       06/14/01     08/20/01  66 FR 43488
                                      Paducah Area.
 
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[FR Doc. 02-2977 Filed 2-7-02; 8:45 am]
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