[Federal Register Volume 72, Number 189 (Monday, October 1, 2007)]
[Rules and Regulations]
[Pages 55657-55659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19323]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 97

[EPA-HQ-OAR-2003-0053; FRL-8476-1]
RIN 2060-AO54


Clean Air Interstate Rule (CAIR) and CAIR Federal Implementation 
Plans; Corrections

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendments.

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SUMMARY: In this rule, EPA is making a minor correction to the Clean 
Air Interstate Rule (CAIR) to restore a phrase of regulatory text 
related to State annual emissions reporting requirements that was 
inadvertently deleted when the rule was amended in 2006. This rule also 
corrects typographical errors in the spellings of three States in the 
CAIR regulatory text and corrects a typographical error in a section 
citation in the CAIR Federal Implementation Plans (FIPs) regulatory 
text.

DATES: Effective Date: These correcting amendments are effective on 
October 1, 2007.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2003-0053. All documents in the docket are 
listed in the www.regulations.gov index. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, will be 
publicly available only in hard copy. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy at the EPA Docket Center EPA/DC, EPA West, Room 3334, 1301 
Constitution Ave., NW., Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the EPA Docket Center is (202) 
566-1742. This

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action and other rulemaking actions related to the CAIR and CAIR FIPs 
are also available at EPA's CAIR Web site at http://www.epa.gov/cair.

FOR FURTHER INFORMATION CONTACT: Carla Oldham, U.S. EPA, Office of Air 
Quality Planning and Standards, Air Quality Policy Division, C539-04, 
Research Triangle Park, NC 27711; telephone number (919) 541-3347, e-
mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On May 12, 2005, EPA published the CAIR in a final rule entitled, 
``Rule to Reduce Interstate Transport of Fine Particulate Matter and 
Ozone (Clean Air Interstate Rule); Revisions to Acid Rain Program; 
Revisions to NOX SIP Call'' (70 FR 25162). The CAIR requires 
affected States to reduce emissions of nitrogen oxides (NOX) 
and sulfur dioxide (SO2) that contribute significantly to 
nonattainment and maintenance problems in downwind States with respect 
to the national ambient air quality standards (NAAQS) for fine 
particulate matter (PM2.5) and 8-hour ozone. Among other 
things, the rule establishes emissions reporting requirements for the 
affected States. On April 28, 2006, EPA amended the CAIR to include two 
additional States in CAIR with respect to the PM2.5 NAAQS 
(71 FR 25288). On April 28, 2006, EPA published FIPs for the CAIR as 
part of a final rule entitled, ``Rulemaking on Section 126 Petition 
From North Carolina to Reduce Interstate Transport of Fine Particulate 
Matter and Ozone; Federal Implementation Plans To Reduce Interstate 
Transport of Fine Particulate Matter and Ozone; Revisions to the Clean 
Air Interstate Rule; Revisions to the Acid Rain Program'' (71 FR 
25328).
    For a detailed description of the CAIR and the CAIR FIPs, please 
see the rulemaking actions which are available on EPA's Web site at 
http://www.epa.gov/cair and in the Federal Register at 70 FR 25162 (May 
12, 2005), 71 FR 25328 (April 28, 2006), 71 FR 74792 (December 13, 
2006), and 71 FR 25328 (April 28, 2006).

II. Why Are the Corrections Needed?

    40 CFR 51.125 sets forth SO2 and NOX emission 
reporting requirements that must be included in State SIP revisions to 
meet the requirements of CAIR. Section 51.125(a)(1) as promulgated in 
the original CAIR read as follows: ``Alabama, Florida, Georgia, 
Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Michigan, 
Minnesota, Mississippi, Missouri, New York, North Carolina, Ohio, 
Pennsylvania, South Carolina, Tennessee, Texas, Virginia, West 
Virginia, Wisconsin and the District of Columbia, must report annual 
(12 months) emissions of SO2 and NOX.'' (See 70 
FR at 25333; May 12, 2005.) When EPA revised the CAIR in 2006 to add 
two additional States (Delaware and New Jersey) to the CAIR region for 
the PM2.5 NAAQS, EPA revised Sec.  51.125 to add the two 
States to the list of those required to report annual NOX 
and SO2 emissions. However, in revising the regulatory text, 
EPA inadvertently deleted the phrase ``must report annual (12 months) 
emissions of SO2 and NOX'' (71 FR at 25302; April 
28, 2006). Therefore, EPA is correcting the error and restoring the 
phrase as originally promulgated in CAIR. The EPA is also taking this 
opportunity to correct the typographical errors in the spelling of 
three States in the list of States in Sec.  51.125(a)(2) of CAIR.
    EPA is also correcting a typographical error in a section reference 
in Appendix A to subpart EEEE of part 97 in the CAIR NOX 
Ozone Season FIP.

III. What Is the Rulemaking Procedure?

    The EPA is issuing this final rule without prior proposal or the 
opportunity for public comment because EPA finds that it is unnecessary 
and not in the public interest to provide such notice and opportunity 
for comment. Section 553 of the Administrative Procedure Act (APA), 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 public interest, the Agency may issue a rule without 
providing notice and an opportunity to comment. Section 307(d)(1) of 
the Clean Air Act (CAA), among other things, further provides that CAA 
subsection 307(d) does not apply when EPA has made a good cause finding 
pursuant to subparagraph (B) of APA subsection 553(b). (See 42 U.S.C. 
7607(d)(1).) In this rule, EPA finds that it is unnecessary and would 
serve no useful purpose for EPA to provide an opportunity for public 
comment because the changes to the CAIR and CAIR FIPs merely correct 
minor, inadvertent, and nonsubstantive errors. As explained above, the 
correction to 40 CFR section 51.125(a)(1) corrects a minor error that 
was inadvertently introduced in 2006 and restores the original language 
properly promulgated with significant public input in 2005. The 
additional spelling and citation corrections are minor, nonsubstantive 
corrections to eliminate errors in the regulatory text. Further, EPA 
provided notice, public hearings, and an opportunity to comment when 
promulgating the CAIR and CAIR FIPs. For these reasons, EPA finds 
pursuant to APA section 553 that good cause exists to promulgate this 
final rule without publishing notice of a proposed rule or providing an 
opportunity for public comment.
    Section 553(d)(3) also allows an agency, upon a finding of good 
cause, to make a rule effective immediately. Because this action 
corrects inadvertent errors and helps to clarify requirements in the 
underlying rules, EPA finds good cause exists to make these corrections 
effective immediately.

IV. Statutory and Executive Order Reviews

    This action only corrects minor, inadvertent and nonsubstantive 
errors in the CAIR and the CAIR FIPs promulgated in 2005 and 2006 
respectively. For that reason, this rule: is not subject to review by 
the Office of Management and Budget under Executive Order 12866 
Regulatory Planning and Review (58 FR 51735, October 4, 1993); is not a 
``major rule'' as defined by 5 U.S.C. 804(2); and does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Because EPA found that 
for this action it is unnecessary to issue a proposed rule and invite 
public comment, this action is also 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. 104B4). 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 the UMRA.
    The corrections do not have substantial direct effects on the 
States, or 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, 
Federalism (64 FR 43255; August 10, 1999).
    This action also does not significantly or uniquely affect the 
communities of Tribal governments, as specified in Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments (65 
FR 67249, November 9, 2000). The corrections also are not subject to 
Executive Order 13045, Protection of Children from Environmental Health 
and Safety Risks (62 FR 19885, April 23, 1997) because

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this action is not economically significant.
    The corrections are not subject to Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (66 FR 28355, May 22, 2001) because this action is 
not a significant regulatory action under Executive Order 12866.
    The corrections do not involve changes to technical standards 
related to test methods or monitoring methods; thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272) do not apply.
    The corrections also do not involve special consideration of 
environmental justice-related issues as required by Executive Order 
12898, Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 
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. The EPA will submit a report containing 
this final action and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
U.S. prior to publication of this action in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). The final 
rule will be effective on October 1, 2007.
    The EPA's compliance with the above statutes and Executive Orders 
for the underlying rules is discussed in Section X of the CAIR at 70 FR 
25305 and in Section IX of the CAIR FIPs at 71 FR 25365.

List of Subjects

40 CFR Part 51

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Electric utilities, Intergovernmental relations, 
Nitrogen oxides, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur dioxide.

40 CFR Part 97

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Electric utilities, Intergovernmental relations, 
Nitrogen oxides, Reporting and recordkeeping requirements, Sulfur 
dioxide.

    Dated: September 25, 2007.
Stephen L. Johnson,
Administrator.

0
For the reasons set forth in the preamble, parts 51 and 97 of title 40, 
chapter I of the Code of Federal Regulations are amended as follows:

PART 51--[AMENDED]

0
1. The authority citation for part 51 continues to read as follows:

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


Sec.  51.125  [Amended]

0
2. Section 51.125 is amended as follows:
0
a. In paragraph (a)(1), by removing the word ``Columbia'' and adding in 
its place the words ``Columbia must report annual (12 months) emissions 
of SO2 and NOX''.
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b. In paragraph (a)(2), by removing the word ``Deleware'' and adding in 
its place the word ``Delaware'', by removing the word ``Indinia'' and 
adding in its place ``Indiana'', and by removing the word ``Lousianna'' 
and adding in its place ``Louisiana''.

PART 97--[AMENDED]

0
3. The authority citation for part 97 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7403, 7410, 7426, 7601, and 7651, et 
seq.

Appendix A to Subpart EEEE of Part 97 [Amended]

0
4. Appendix A to Subpart EEEE is amended by revising the citation 
``97.344(a)'' to read ``97.343(a)''.

[FR Doc. E7-19323 Filed 9-28-07; 8:45 am]
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