[Federal Register Volume 67, Number 227 (Monday, November 25, 2002)]
[Rules and Regulations]
[Pages 70554-70555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29775]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SIP No. MT23-1-6402; FRL-7412-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Montana; State Implementation Plan Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: On September 19, 1975, we approved the East Helena Sulfur 
Dioxide (SO2) State Implementation Plan (SIP). Additionally, 
on May 1, 1984, we approved revisions to the East Helena SO2 
SIP. Finally, on January 27, 1995, we approved additional revisions to 
the East Helena SO2 SIP. The East Helena SO2 SIP 
approved on January 27, 1995, superceded the East Helena SO2 
SIP approved on September 19, 1975, and terminated the East Helena 
SO2 SIP approved on May 1, 1984. However, when we approved 
the SIP revision on January 27, 1995, we did not indicate that it 
superceded and terminated earlier SIP approvals. EPA is making a 
correction to the regulatory language to clarify that the earlier East 
Helena SO2 SIP revisions have been superceded or terminated 
by the East Helena SO2 SIP approved on January 27, 1995.

DATES: This rule is effective on December 26, 2002.

FOR FURTHER INFORMATION CONTACT: Laurie Ostrand, EPA, Region 8, (303) 
312-6437

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'' or 
``our'' is used it means EPA.
    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 
incorrect text in previous rulemakings. Thus, notice and public 
procedure are unnecessary. We find that this constitutes good cause 
under 5 U.S.C. 553(b)(B).

I. Correction

    When we approved the East Helena Sulfur Dioxide (SO2) 
State Implementation Plan (SIP) on January 27, 1995 (60 FR 5313) 
(codified at 40 CFR 52.1370(c)(37)), we should have indicated that our 
September 19, 1975 (40 FR 43216) (currently codified at 40 CFR 
52.1370(c)(5)), approval of the East Helena SO2 SIP was 
superceded and that effective after November 15, 1995, our May 1, 1984 
(49 FR 18482) (codified at 40 CFR 52.1370(c)(16)), approval of a 
revision to the East Helena SO2 SIP was terminated. The 
Board Order issued on March 18, 1994, by the Montana Board of Health 
and Environmental Sciences, and incorporated by reference at 40 CFR 
52.1370(c)(37)(i)(B), indicates that the SIP supercedes all 
requirements contained in the existing provisions of the SIP relating 
to sulfur dioxide in East Helena * * * except the provisions that 
relate to catalyst screening which terminated effective after November 
15, 1995. We approved the East Helena SO2 SIP on January 27, 
1995, that contained an attainment demonstration and a control strategy 
for the primary SO2 NAAQS. Therefore, pursuant to section 
110(k)(6) of the Clean Air Act, we are clarifying 40 CFR 52.1370(c)(37) 
to indicate that the East Helena SO2 SIP revision submitted 
on March 30, 1994, supercedes the East Helena SO2 SIP 
approved in paragraph (c)(5) and, effective after November 15, 1995, 
terminates the East Helena SO2 SIP approved in paragraph 
(c)(16).

II. 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. This rule is 
not subject to Executive Order 13211, ``Actions Concerning Regulations 
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May

[[Page 70555]]

22, 2001) because it is not a significant regulatory action under 
Executive Order 12866. 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 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 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, 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.). EPA's compliance with these statutes and 
Executive Orders for the underlying rules are discussed in the 
September 19, 1975, May 1, 1984, and January 27, 1995, actions 
approving revisions to the East Helena SO2 SIP.
    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 therefore, and established an effective date of December 
26, 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. These corrections 
to the identification of plan for Montana is not a ``major rule'' as 
defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: November 14, 2002.
Kerrigan G. Clough,
Acting Regional Administrator, Region 8.

    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 BB--Montana

    2. Section 52.1370 is amended by revising the introductory text of 
paragraph (c)(37) to read as follows:


Sec.  52.1370  Identification of plan.

* * * * *
    (c) * * *
    (37) The Governor of Montana submitted a State Implementation Plan 
(SIP) revision meeting the requirements for the primary SO2 
NAAQS SIP for the East Helena, Montana nonattainment area with a letter 
dated March 30, 1994. The submittal was to satisfy those SO2 
nonattainment area SIP requirements due for East Helena on May 15, 
1992. The East Helena SO2 SIP revision submitted on March 
30, 1994, supercedes the East Helena SO2 SIP approved in 
paragraph (c)(5) of this section and, effective after November 15, 
1995, terminates the East Helena SO2 SIP approved in 
paragraph (c)(16) of this section.
* * * * *

[FR Doc. 02-29775 Filed 11-22-02; 8:45 am]
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