[Federal Register Volume 75, Number 165 (Thursday, August 26, 2010)]
[Rules and Regulations]
[Pages 52470-52472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21114]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-0113-200709(c); FRL-9193-5]


Approval and Promulgation of Implementation Plans Georgia: State 
Implementation Plan Revision; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

-----------------------------------------------------------------------

SUMMARY: On February 9, 2010, EPA published a direct final rule 
approving revisions to the Georgia State Implementation Plan submitted 
by the Georgia Environmental Protection Division on September 26, 2006, 
with a clarifying revision submitted on November 6, 2006. This action 
corrects a typographical error in the regulatory text in Table (c) of 
the aforementioned Federal Register notice.

DATES: This action is effective August 26, 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: Ms. Lynorae Benjamin, 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. Ms. Benjamin can be 
reached at 404-562-9040, or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: This action corrects a typographical error 
in the regulatory language for an entry that appears in Table (c) of 
Georgia's Identification of Plan section at 40 CFR 52.570. The direct 
final action which approved the addition of new rule 391-3-
1-.02(2)(rrr), ``NOX Emissions from Small Fuel-Burning 
Equipment,'' was approved by EPA on February 9, 2010 (75 FR 6309). 
However, EPA inadvertently listed new rule (rrr) as being revised, 
rather than added as a new entry, in Table (c). Therefore, EPA is 
correcting this typographical error by clarifying that rule 391-3-
1-.02(2)(rrr) is being added as a new entry to Table (c)--EPA Approved 
Georgia Regulations.
    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 clarify the addition of new rule 
391-3-1-.02(2)(rrr), in Table (c) of the rulemaking, has no substantive 
impact on EPA's February 9, 2010, approval of this regulation. In 
addition, EPA can identify no particular reason why the public would be 
interested in being notified of the correction of this table entry, or 
in having the opportunity to comment on the correction prior to this 
action being finalized, since this correction action does not change 
the meaning of EPA's analysis or action to approve the addition of rule 
391-3-1-.-2(2)(rrr) to the Georgia SIP.
    EPA also finds that there is good cause under APA section 553(d)(3) 
for this 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 a typographical error in

[[Page 52471]]

Table (c) of a prior rule by clarifying the addition, rather than the 
revision, of rule 391-3-1-.02(2)(rrr), which EPA approved on February 
9, 2010. 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 Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is 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). This action 
merely corrects a typographical error in Table (c) of a prior rule by 
identifying the addition of new rule 391-3-1-.02(2)(rrr), in a 
regulation which EPA approved on February 9, 2010, and imposes no 
additional requirements beyond those imposed by state law. Accordingly, 
the Administrator certifies that this rule will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule 
merely corrects an inadvertent error in Table (c) of a prior rule, and 
does not impose any additional enforceable duty beyond that required by 
state law, it 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).
    This rule also does not have tribal implications because it will 
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). This rule also does not have Federalism 
implications because it does not 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 government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This rule merely corrects a typographical 
error in Table (c) of a prior rule by identifying the addition of new 
rule 391-3-1-.02(2)(rrr), in a regulation which EPA approved on 
February 9, 2010, and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act (CAA). This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant. In addition, this rule 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. This rule also does not impose an information collection 
burden under the provisions of 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. 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. 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 October 25, 2010. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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 CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: August 16, 2010.
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 L--Georgia

0
2. Section 52.570(c) is amended by adding an entry for ``391-3-
1-.02(2)(rrr)'' to read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
          State citation              Title/subject     effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
391-3-1-.02(2)(rrr)..............  NOX Emissions from          3/27/06  8/26/10 [Insert
                                    Small Fuel-Burning                   citation of
                                    Equipment.                           publication].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 52472]]

* * * * *
[FR Doc. 2010-21114 Filed 8-25-10; 8:45 am]
BILLING CODE 6560-50-P