[Federal Register Volume 71, Number 149 (Thursday, August 3, 2006)]
[Rules and Regulations]
[Pages 43978-43979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12471]



[[Page 43978]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2005-AL-0001-200520c; FRL-8205-2]


Approval and Promulgation of Implementation Plans; Alabama; 
Nitrogen Oxides Budget and Allowance Trading Program, Phase II; 
Correcting Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: This action corrects the state effective date for an Alabama 
regulation that was approved by EPA on December 28, 2005, in connection 
with our approval of Alabama's Nitrogen Oxide State Implementation Plan 
(NOX SIP Call) Phase II submittal, and that appears in 
Alabama's Identification of Plan section of the Code of Federal 
Regulations (CFR).

DATES: This action is effective August 3, 2006.

ADDRESSES: Copies of the documentation used in the action being 
corrected are available for inspection during normal business hours at 
the following location: U.S. Environmental Protection Agency, Region 4, 
61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The Regional 
Office's official hours of business are Monday through Friday, 8:30 to 
4:30, excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Stacy DiFrank, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 
562-9042. Ms. DiFrank can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: This action corrects the state effective 
date for an Alabama regulation that appears in Alabama's Identification 
of Plan section at 40 CFR 52.50(c). The regulation, Alabama Chapter 
335-3-8-.04 (control of nitrogen oxide emissions), was approved by EPA 
on December 28, 2005, in connection with our approval of Alabama's 
NOX SIP Call Phase II submittal (70 FR 76694). However, in 
the regulatory text of the final rule approving this regulation, EPA 
inadvertently omitted the state effective date for the regulation (70 
FR 76697). Today, EPA is correcting this inadvertent error by inserting 
the state effective date for the regulation into Alabama's 
Identification of Plan section of the Code of Federal Regulations at 40 
CFR 52.50(c).
    EPA has determined that today's action falls under the ``good 
cause'' exemption in section 553(b)(3)(B) of the Administrative 
Procedure Act (APA) which, upon finding ``good cause,'' authorizes 
agencies to dispense with public participation where public notice and 
comment procedures are impracticable, unnecessary, or contrary to the 
public interest. Public notice and comment for this action are 
unnecessary because today's action to identify, in the Code of Federal 
Regulations, the state effective date of Alabama's regulation has no 
substantive impact on EPA's December 28, 2005, approval of this 
regulation in connection with our approval of Alabama's NOX 
SIP Call Phase II submittal. The omission of the state effective date 
for the regulation in the regulatory text of EPA's final rule published 
on December 28, 2005, makes no substantive difference to EPA's analysis 
as set out in that rule because EPA was aware at the time of our 
approval that the state regulation at issue was effective on March 22, 
2005. In addition, EPA can identify no particular reason why the public 
would be interested in being notified of the correction of this 
omission, or in having the opportunity to comment on the correction 
prior to this action being finalized, since this correction action does 
not change the meaning of the regulation at issue or otherwise change 
EPA's analysis of Alabama's NOX SIP Call Phase II submittal. 
See, 70 FR 76694.
    EPA also finds that there is good cause under APA section 553(d)(3) 
for this correction to become effective on the date of publication of 
this action. Section 553(d)(3) of the APA allows an effective date less 
than 30 days after publication ``as otherwise provided by the agency 
for good cause found and published with the rule.'' 5 U.S.C. 553(d)(3). 
The purpose of the 30-day waiting period prescribed in APA section 
553(d)(3) is to give affected parties a reasonable time to adjust their 
behavior and prepare before the final rule takes effect. Today's rule, 
however, does not create any new regulatory requirements such that 
affected parties would need time to prepare before the rule takes 
effect. Rather, today's rule merely corrects an inadvertent error of 
omission in the regulatory text of a prior rule by identifying the 
state effective date for the Alabama regulation which EPA approved on 
December 28, 2005. For these reasons, EPA finds good cause under APA 
section 553(d)(3) for this correction to become effective on the date 
of publication of this action.

IV. Statutory and Executive Order Reviews:

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is 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). This action 
merely corrects an inadvertent error of omission in the regulatory text 
of a prior rule by identifying the state effective date for a Alabama 
regulation which EPA approved on December 28, 2005, and it imposes no 
additional requirements beyond those imposed by state law. Accordingly, 
the Administrator certifies that this rule will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule 
merely corrects an inadvertent error of omission in the regulatory text 
of a prior rule by identifying the state effective date for an Alabama 
regulation which EPA approved on December 28, 2005, and does not impose 
any additional enforceable duty beyond that required by state law, it 
does not contain any unfunded mandate or significantly or uniquely 
affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
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). This rule also does not have Federalism 
implications because it does not 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 merely corrects an inadvertent 
error of omission in the regulatory text of a prior rule by identifying 
the state effective date for an Alabama regulation which EPA approved 
on December 28, 2005, and does not alter the relationship or the 
distribution of power and

[[Page 43979]]

responsibilities established in the Clean Air Act (CAA). This rule also 
is not subject to Executive Order 13045 ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), because it is not economically significant. In addition, this 
rule 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. This rule also does not 
impose an information collection burden under the provisions of 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. 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 2, 2006. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: July 14, 2006.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.

0
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 B--Alabama

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2. Section 52.50(c) is amended by revising entry for ``Section 335-3-
8.04'' to read as follows:


Sec.  52.50  Identification of plan.

* * * * *
    (c) * * *

                                                            EPA--Approved Alabama Regulations
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                                                                         State
           State citation                     Title/subject         effective date             EPA approval date                     Explanation
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                                                                      * * * * * * *
                                                  Chapter 335-3-8 Control of Nitrogen Oxide Emissions
 
                                                                      * * * * * * *
Section 335-3-8-.04.................  Standards for Stationary            03/22/05  12/28/05 (70 FR 76694)................
                                       Reciprocating Internal
                                       Combustion Engines.
 
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 [FR Doc. E6-12471 Filed 8-2-06; 8:45 am]
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