[Federal Register Volume 72, Number 98 (Tuesday, May 22, 2007)]
[Rules and Regulations]
[Pages 28612-28613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9892]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 50

[EPA-HQ-OAR-2005-0159; FRL-8316-5]
RIN 2060-AN40


Final Rule on the Treatment of Data Influenced by Exceptional 
Events; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting Amendments.

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SUMMARY: The EPA issued a final rule on March 22, 2007, entitled 
``Treatment of Data Influenced by Exceptional Events.'' The rule 
governs the review and handling of air quality monitoring data 
determined to be influenced by exceptional events. This document makes 
minor corrections to language contained in the regulatory text for the 
rule.

EFFECTIVE DATE: This document is effective on May 22, 2007.

FOR FURTHER INFORMATION CONTACT: For questions regarding these 
corrections, contact Mr. Larry Wallace, U.S. Environmental Protection 
Agency, Office of Air Quality Planning and Standards, Mail Code C539-
02, Research Triangle Park, NC 27711, phone number (919) 541-0906 or by 
e-mail at: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The EPA issued the final rule on ``The Treatment of Data Influenced 
by Exceptional Events'' on March 22, 2007, 72 FR 13560.

Need for Correction

    As published, the final regulations contain errors which may prove 
to be misleading and are in need of clarification. EPA finds that there 
is good cause to make these corrections without providing for notice 
and comment, and for making these corrections effective immediately 
upon publication, because neither notice or comment, nor a delayed 
effective date, is necessary and would not be in the public interest 
due to the nature of the corrections which are minor, technical, and 
non-controversial.
    The final action, without notice and comment, and the immediate 
effective date for this action is authorized under 5 U.S.C. 
553(d)(3)(B) and 553(d)(3) which allows an effective date less than 30 
days after publication if ``as otherwise provided by the agency for 
cause found and published with the rule.'' As indicated above, the 
final rule on Exceptional Events was published after notice and comment 
on March 22, 2007 and becomes effective on May 21, 2007, 60 days from 
publication. Thus, additional notice and comment for these minor 
technical corrections is unnecessary under 5 U.S.C. 553(b)(3)(B) and 
EPA finds that good cause exists for these corrections to become 
effective immediately.

Corrections of Rule

    In the final rule for ``The Treatment of Data Influenced by 
Exceptional Events'', 72 FR 13560, March 22, 2007, correction is being 
made to the regulatory text of the rule beginning at 40 CFR 50.14(c) 
and to the title of 40 CFR part 51. This action makes a correction 
under the section entitled ``Treatment of air quality monitoring data 
influenced by exceptional events.'' Under Sec.  50.14(c)(2) entitled 
``Schedules and procedures'', ``Flagging of data'', change subsection 
(i) to remove the reference to 40 CFR 58.16 and to read as follows:

    (i) A State shall notify EPA of its intent to exclude one or 
more measured exceedances of an applicable ambient air quality 
standard as being due to an exceptional event by placing a flag in 
the appropriate field for the data record of concern which has been 
submitted to the AQS database.

    The final correction being made to the rule begins on page 13581, 
column two. Change the title of the section to read as follows:

PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF 
IMPLEMENTATION PLANS''

    Dated: May 15, 2007.
Stephen L. Johnson,
Administrator.

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In consideration of the foregoing, the Environmental Protection Agency 
amends 40 CFR parts 50 and 51 as follows:

PART 50--NATIONAL PRIMARY AND SECONDARY AMBIENT AIR QUALITY 
STANDARDS

0
1. The authority citation for part 50 continues to read as follows:

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


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2. Section 50.14 (c)(2)(i) is revised to read as follows:


Sec.  50.14  Treatment of air quality monitoring data influenced by 
exceptional events.

* * * * *
    (c) * * *
    (2) Flagging of data.
    (i) A State shall notify EPA of its intent to exclude one or more 
measured

[[Page 28613]]

exceedances of an applicable ambient air quality standard as being due 
to an exceptional event by placing a flag in the appropriate field for 
the data record of concern which has been submitted to the AQS 
database.
* * * * *

PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF 
IMPLEMENTATION PLANS

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3. The authority citation for part 50 continues to read as follows:

    Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671Q.


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4. The heading for part 51 is revised to read as set forth above.

[FR Doc. E7-9892 Filed 5-21-07; 8:45 am]
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