[Federal Register Volume 70, Number 167 (Tuesday, August 30, 2005)]
[Rules and Regulations]
[Page 51266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17203]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MN-86-2; FRL-7962-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Minnesota; Revised Format of 40 CFR Part 52 for Materials Being 
Incorporated by Reference; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: This document corrects an error in the amendatory instruction 
in a final rule pertaining to the Revised Format of 40 CFR part 52 for 
Materials Being Incorporated by Reference for Minnesota.

DATES: This final rule is effective on August 30, 2005.

FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, Region 5, Chicago, Illinois 
60604, (312) 353-8328, or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: EPA published a document on February 24, 
2005 (70 FR 8930) redesignating Sec.  52.1220 as Sec.  52.1222, when 
Sec.  52.1222 already existed. The intent of the rule was to remove the 
then existing Sec.  52.1222 titled ``EPA-approved Minnesota State 
regulations'' and then redesignate Sec.  52.1220 as Sec.  52.1222. This 
document corrects the erroneous amendatory language.

Correction

    In the final rule published in the Federal Register on February 24, 
2005 (70 FR 8930), on page 8932 the amendatory instruction is 
corrected. 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 8, 2005.
Norman Niedergang,
Acting Regional Administrator, Region 5.

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

PART 52--[AMENDED]

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

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

Subpart Y--Minnesota


Sec.  52.1222  [Removed]

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2. Section 52.1222 titled ``EPA-approved Minnesota State regulations'' 
is removed.


Sec.  52.1220  [Redesignated as Sec.  52.1222]

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3. Section 52.1220 is redesignated as Sec.  52.1222 and the section 
heading and paragraph (a) are revised to read as follows:


Sec.  52.1222  Original Identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Minnesota'' and all revisions submitted by Minnesota 
that were federally approved prior to December 1, 2004.
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[FR Doc. 05-17203 Filed 8-29-05; 8:45 am]
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