[Federal Register Volume 74, Number 138 (Tuesday, July 21, 2009)]
[Proposed Rules]
[Page 35838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17259]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0344; FRL-8932-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Reformulated Gasoline and Diesel Fuels; California; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; correction.

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SUMMARY: This document corrects the preamble to a proposed rule 
published in the Federal Register on July 10, 2009, pertaining to 
revisions to reformulated gasoline and diesel fuels regulations for the 
State of California.

FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, EPA Region IX, (415) 
947-4152, [email protected].

SUPPLEMENTARY INFORMATION: On July 10, 2009 (74 FR 33196), EPA proposed 
to approve revisions to reformulated gasoline and diesel fuel 
regulations for the State of California. This document makes the 
following three corrections:
    1. The correct title for the July 10, 2009 notice should read, 
``Approval and Promulgation of Air Quality Implementation Plans; 
Reformulated Gasoline and Diesel Fuels; California.''
    2. Section B. of the preamble entitled, ``What Should I Consider as 
I Prepare My Comments for EPA?'' should be deleted.
    3. Section V. of the preamble, entitled ``Administrative 
Requirements,'' should be replaced with the following:

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.''
    Today's correction does not otherwise change the remaining portions 
of the July 10, 2009 proposed rule.

    Dated: July 14, 2009.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. E9-17259 Filed 7-20-09; 8:45 am]
BILLING CODE 6560-50-P