[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Rules and Regulations]
[Pages 11552-11553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4473]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R03-OAR-2004-WV-0002; FRL-7882-4]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Redesignation of the City of Weirton Including the Clay 
and Butler Magisterial Districts SO2 Nonattainment Area and Approval of 
the Maintenance Plan; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; correcting amendment.

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SUMMARY: EPA is correcting the format in the Identification of plan 
section of a State Implementation Plan (SIP) revision pertaining to a 
sulfur dioxide (SO2) maintenance plan which EPA approved as 
part of the West Virginia SIP on January 10, 2005. This document 
corrects an error in the rule format of a final rule pertaining to the 
State of West Virginia.

DATES: Effective Date: Effective March 11, 2005.

FOR FURTHER INFORMATION CONTACT: Harold A. Frankford, (215) 814-2108 or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' or 
``our'' are used we mean EPA.
    On January 10, 2005 (70 FR 1664), we published a final rulemaking 
action announcing approval of a revision to the West Virginia State 
Implementation Plan (SIP) pertaining to an SO2 maintenance 
plan for the City of Weirton and Clay and Butler Magisterial Districts 
in Hancock County. In our approval action, EPA incorporated by 
reference (IBR'ed) the State action and codified this action at Sec.  
52.2520(c)(62). The effective date of the action is March 11, 2005. 
Subsequently, on February 10, 2005 (70 FR 7024), we published an 
administrative rulemaking action announcing format revisions to the 
Identification of plan section in 40 CFR part 52, subpart XX (West 
Virginia), as well as changes to the format for materials which are 
IBR'ed. This administrative rulemaking action both recodified the 
existing Sec.  52.2520 as Sec.  52.2565 entitled ``Original 
Identification of plan section,'' and created a new Sec.  52.2520 
entitled ``Identification of plan.'' We are revising the table in Sec.  
52.2520(e) by adding the entry for the Hancock County SO2 
maintenance plan for the City of Weirton and Clay and Butler 
Magisterial Districts, effective March 11, 2005, so that it reflects 
EPA's January 10, 2005 approval action of this plan.
    In rule document 05-418 published in the Federal Register on 
January 10, 2005, on page 1668 in the second column, Amendatory 
Instruction Number 2 is withdrawn.
    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).

Statutory and Executive Order Reviews

    Under Executive Order (E.O.) 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

[[Page 11553]]

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 March 11, 
2005. 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 
52.52.2520(e) for West Virginia 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, Intergovernmental 
relations, recordkeeping and reporting requirements, Sulfur oxides.

    Dated: February 28, 2005.
Donald S. Welsh,
Regional Administrator, Region III.

0
Accordingly, the amendment to 40 CFR 52.2520 published in the Federal 
Register on January 10, 2005 (70 FR 1668), which was to become 
effective on March 11, 2005, is withdrawn, and 40 CFR part 52 is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart XX--West Virginia

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2. In Sec.  52.2520, the table in paragraph (e) is amended by adding an 
entry at the end of the table for the Sulfur Dioxide Maintenance Plan, 
City of Weirton; Butler and Clay Magisterial District (Hancock County) 
to read as follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (e) * * *

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  Name of non-regulatory SIP     Applicable geographic        State                               Additional
           revision                      area            submittal date   EPA approval date       explanation
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                                                  * * * * * * *
Sulfur Dioxide Maintenance     City of Weirton; Butler          7/27/04  01/10/05 70 FR 1664  The SIP-effective
 Plan.                          and Clay Magisterial                                           date is 3/11/05.
                                District (Hancock
                                County).
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[FR Doc. 05-4473 Filed 3-8-05; 8:45 am]
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