[Federal Register Volume 67, Number 126 (Monday, July 1, 2002)]
[Rules and Regulations]
[Pages 44061-44062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16035]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD062-3087a; FRL-7236-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Visible Emissions and Open Fire Amendments; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; correcting amendment.

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SUMMARY: This document corrects an error in the rule language of a 
final rule pertaining to EPA's approval of revisions to the Maryland 
State Implementation Plan (SIP). These revisions establish the 
exemption of certain intermittent visible emissions at Federal 
facilities, amend open burning distance limitations, and establish 
specific requirements for safety determinations at Federal facilities.

EFFECTIVE DATE: August 12, 2002.

FOR FURTHER INFORMATION CONTACT: Betty Harris, (215) 814-2168 or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: On June 11, 2002 (67 FR 39856), EPA 
published a final rulemaking action announcing approval of the 
revisions Code of Maryland Administrative Regulations (COMAR) governing 
visible emissions and open burning. In this document, EPA inadvertently 
included a reference in section 52.1070(c)(173)(i)(B)(1) to a revised 
COMAR provision which is unrelated to the SIP revision action. This 
document corrects the erroneous language.
    In rule document 02-14491 published in the Federal Register on June 
11, 2002 (67 FR 39856), on page 39858 in the third column, paragraph 
52.1070(c)(173)(i)(B)(1) is corrected to read ``COMAR 26.11.06.02A(1)--
introductory text of paragraph (1) [revised], and 26.11.06.02A(1)(j) 
[added].''
    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

[[Page 44062]]

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) (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 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 August 12, 
2002. 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 40 CFR 
52.1070(c)(173)(i)(B)(1) for Maryland is not a ``major rule'' as 
defined by 5 U.S.C. 804(2).

    Dated: June 14, 2002.
Thomas C. Voltaggio,
Acting Regional Administrator, EPA Region III.

    40 CFR part 52 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 V--Maryland

    2. Section 52.1070 is amended by revising paragraph (c)(173), added 
on June 11, 2002 (67 FR 39856) and effective on August 12, 2002, to 
read as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (173) Revisions to the Maryland State Implementation Plan submitted 
on February 6, 1998 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) A letter dated February 6, 1998 from the Maryland Department of 
the Environment transmitting additions to Maryland's State 
Implementation Plan, concerning exemption of certain intermittent 
visible emissions requirements at Federal facilities, establishment of 
specific requirements for safety determinations at Federal facilities, 
and amendment to open burning distance limitations under the ``open 
fire'' rule.
    (B) The following additions and revisions to the Code of Maryland 
Administrative Regulations (COMAR), effective August 11, 1997:
    (1) COMAR 26.11.06.02A(1)--introductory text of paragraph 
(1)[revised], and 26.11.06.02A(1)(j) [added].
    (2) COMAR 26.11.07.01B(5) [added], 26.11.07.03B(1)(c) [revised], 
and 26.11.07.06 [added].
    (ii) Additional Materials--Remainder of the February 6, 1998 
submitted by the Maryland Department of the Environment pertaining to 
the amendments in paragraph (c)(173)(i) (B) of this section.

[FR Doc. 02-16035 Filed 6-28-02; 8:45 am]
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