[Federal Register Volume 70, Number 122 (Monday, June 27, 2005)]
[Rules and Regulations]
[Pages 36849-36850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12657]



[[Page 36849]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[R06-OAR-2005-NM-0003; FRL-7928-4]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants: Bernalillo County, NM; Negative Declaration; 
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: The EPA published in the Federal Register on January 10, 2005, 
a document concerning approving a negative declaration submitted by the 
City of Albuquerque (Bernalillo County), New Mexico, which certified 
that there are no existing commercial and industrial solid waste 
incineration units in Bernalillo County. This document corrects an 
error which may prove to be misleading in the regulation.

DATES: This correction is effective on June 27, 2005.

FOR FURTHER INFORMATION CONTACT: Kenneth Boyce, (214) 665-7259 or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' or 
``our'' are used we mean EPA.
    This document corrects an error which may prove to be misleading in 
title 40 CFR, part 62, chapter I, subpart GG. In 70 FR 1668-1670 
(January 10, 2005), we added a new Sec.  62.7881 with the same 
designated center heading as Sec.  62.7890. By renaming Sec.  62.7890 
to ``Identification of sources--negative declarations''; redesignating 
the existing paragraph to paragraph (a); and adding a new paragraph 
(b), will correct the added undesignated center heading to subpart GG 
and remove the added Sec.  62.7881 with the same designated center 
heading as Sec.  62.7890.

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 (59 FR 22951, 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 [[Page 31890]] 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 May 14, 2004. 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 62.7890 for Bernalillo County is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: June 20, 2005.
Richard E. Greene,
Regional Administrator, Region 6.

0
40 CFR part 62 is amended as follows:

PART 62--[AMENDED]

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart GG--New Mexico

0
2. Section 62.7890, ``Identification of sources--negative 
declaration,'' under the centered heading ``Emissions from Existing 
Commercial and Industrial Solid Waste Incineration (CISWI) Units,'' is 
revised (including the section heading) to read as follows:


Sec.  62.7890  Identification of sources--negative declarations.

    (a) Letter from the New Mexico Environment Department dated 
November 13, 2001 certifying that there are no existing commercial and 
industrial solid waste incinerators subject to 40 CFR part 60, subpart 
DDDD under its jurisdiction in the State of New Mexico (excluding 
tribal lands and Bernalillo County).
    (b) Letter from the City of Albuquerque Environmental Health 
Department dated September 10, 2002, certifying that there are no 
existing commercial and industrial solid waste incinerators subject to 
40 CFR part 60, subparts CCCC and DDDD under its

[[Page 36850]]

jurisdiction in Bernalillo County on lands under the jurisdiction of 
the Albuquerque/Bernalillo County Air Quality Control Board.

[FR Doc. 05-12657 Filed 6-24-05; 8:45 am]
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