[Federal Register Volume 73, Number 43 (Tuesday, March 4, 2008)]
[Rules and Regulations]
[Pages 11560-11561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4036]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2007-0324; EPA-R03-OAR-2007-0476; EPA-R03-OAR-2007-0344; 
FRL-8536-6 ]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Redesignation of 8-Hour Ozone Nonattainment Areas to 
Attainment and Approval of the Areas' Maintenance Plans and 2002 Base-
Year Inventories; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: This document corrects an error in the preamble language of 
the final rules pertaining to EPA's approval of the redesignation of 
Erie, Youngstown, and Cambria 8-hour ozone nonattainment areas to 
attainment, maintenance plans, and 2002 base year inventories submitted 
by the Commonwealth of Pennsylvania.

DATES: Effective Date: March 4, 2008.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182 or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or 
``our'' are used we mean EPA. On January 14, 2008 (73 FR 2162), we 
published a final rule correcting final rules for Erie and Youngstown 
Areas. On August 1, 2007 (72 FR 41905), we published a final rulemaking 
action announcing our approval and promulgation of Pennsylvania's 
redesignation of the Cambria 8-hour ozone nonattainment area to 
attainment and approval of the associated maintenance plan and 2002 
base year inventory. In these documents, EPA inadvertently printed the 
incorrect categories of volatile organic compound (VOC) and nitrogen 
oxide (NOX) in a table entitled ``Adequate and Approved 
Motor Vehicle Emission Budgets (MVEBs).'' This action corrects the 
tables in the final rulemaking actions correcting the categories of VOC 
and NOX for the MVEBs for Erie, Youngstown, and Cambria 
Areas.

Corrections

    (1) Erie County, Pennsylvania Ozone Nonattainment Area (Erie Area).
    In rule document E8-277, on page 2162, the table is corrected as 
follows:

  Adequate and Approved Motor Vehicle Emissions Budgets in Tons per Day
                                  (TPD)
------------------------------------------------------------------------
                       Budget year                          VOC     NOX
------------------------------------------------------------------------
2009....................................................     6.9    16.1
2018....................................................     4.5     7.3
------------------------------------------------------------------------

    (2) Mercer County Portion of the Youngstown-Warren-Sharon, OH-PA 
Ozone Nonattainment Area (Youngstown Area).
    In rule document E8-277, on page 2163, the table is corrected as 
follows:

  Adequate and Approved Motor Vehicle Emissions Budgets in Tons per Day
                                  (TPD)
------------------------------------------------------------------------
                       Budget year                          VOC     NOX
------------------------------------------------------------------------
2009....................................................     4.5    11.6
2018....................................................     3.0     5.3
------------------------------------------------------------------------

    (3) Johnstown (Cambria County) Ozone Nonattainment Area (Cambria 
Area).
    In rule document E7-14745, on page 41905, the table is corrected as 
follows:

  Adequate and Approved Motor Vehicle Emissions Budgets in Tons per Day
                                  (TPD)
------------------------------------------------------------------------
                       Budget year                          VOC     NOX
------------------------------------------------------------------------
2009....................................................     3.8     5.6
2018....................................................     2.3     2.7
------------------------------------------------------------------------

    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 this rule is not 
substantive and imposes no regulatory requirements, but merely corrects 
a 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).

Statutory and Executive Order Reviews

    Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993), 
this action is not a ``significant regulatory

[[Page 11561]]

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 (65 
FR 67249, 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 approves a state rule implementing a Federal standard.
    This technical correction action 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. 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 March 4, 
2008. 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. These corrections to the tables on 
the MVEBs for Erie, Youngstown, and Cambria, Pennsylvania are not 
``major rules'' as defined by 5 U.S.C. 804(2).

    Dated: February 21, 2008.
Donald S. Welsh,
Regional Administrator, EPA Region III.
 [FR Doc. E8-4036 Filed 3-3-08; 8:45 am]
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