[Federal Register Volume 75, Number 15 (Monday, January 25, 2010)]
[Rules and Regulations]
[Pages 3870-3871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31172]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2008-0797-200824(c); FRL-9099-9]


Approval and Promulgation of Implementation Plans; South 
Carolina; Approval of Section 110(a)(1) Maintenance Plan for the 1997 
8-Hour Ozone Standard for Cherokee County; Correcting Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; Correcting amendment.

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SUMMARY: On June 1, 2009, EPA published a direct final rule approving 
the Clean Air Act (CAA) Section 110(a)(1) Maintenance Plan for the 1997 
8-hour ozone standard for Cherokee County as a revision to the South 
Carolina State Implementation Plan (SIP). In EPA's direct final rule, 
there was an inadvertent error in the format of the Cherokee County 
entry in table (e) which contains South Carolina's Non-Regulatory 
Provision in the Code of Federal Regulations. This action corrects that 
formatting error.

DATES: This action is effective January 25, 2010.

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: Zuri Farngalo, 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. Mr. Farngalo's telephone 
number is 404-562-9152. He can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: EPA is making a correction to the Cherokee 
County CAA 110(a)(1) Maintenance Plan entry that appears in table (e), 
of the South Carolina Non-Regulatory provisions section at 40 CFR 
52.2120(e). This revision to South Carolina's SIP was published in the 
Federal Register on June 1, 2009 (74 FR 26099), effective August 1, 
2009. However, when the direct final rule approving this SIP revision 
was published, table (e) did not include the correct table format. EPA 
is correcting this inadvertent error by inserting the correctly 
formatted table (e) into South Carolina's Identification of Plan 
section of the Code of Federal Regulations at 40 CFR 52.2120(e).
    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 correct a formatting error in the 
Code of Federal Regulations has no substantive impact on EPA's June 1, 
2009, approval of this regulation. The incorrectly formatted text in 
table (e) in EPA's final rule published on June 1, 2009, makes no 
substantive difference to EPA's analysis as set out in that rule. In 
addition, EPA can identify no particular reason why the public would be 
interested in being notified of the correction of this revision, or in 
having the opportunity to comment on the formatting correction prior to 
this action being finalized, since this formatting correction action 
does not change the meaning of the regulation at issue or otherwise 
change EPA's analysis of South Carolina's submittal (74 FR 26099). EPA 
also finds that there is good cause under APA section 553(d)(3) for 
this formatting 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 adding a correctly formatted table (e) for the South 
Carolina regulation which EPA approved on June 1, 2009. 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.

Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. 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);

[[Page 3871]]

     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 CAA; 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.
    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 action 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 March 26, 2010. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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 section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Incorporation by reference, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: December 14, 2009.
J. Scott Gordon,
Acting 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 PP--South Carolina

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2. Section 52.2120(e) is amended by revising the entry for the 
``Cherokee County 110(a)(1) Maintenance Plan for the 1997 8-hour ozone 
standard'' to read as follows:


Sec.  52.2120  Identification of plan.

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    (e) * * *

                              EPA-Approved South Carolina Non-Regulatory Provisions
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                                            State effective
                Provision                        date                EPA approval date             Explanation
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                                                  * * * * * * *
Cherokee County 110(a)(1) Maintenance            12/13/2007  7/31/09, 74 FR 26099.............  ................
 Plan for the 1997 8-Hour Ozone Standard.
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[FR Doc. E9-31172 Filed 1-22-10; 8:45 am]
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