[Federal Register Volume 75, Number 233 (Monday, December 6, 2010)]
[Rules and Regulations]
[Pages 75626-75627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30483]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0751-201054(c); FRL-9235-5]


Approval and Promulgation of Implementation Plans; North 
Carolina: Hickory-Morganton-Lenoir; Determination of Attaining Data for 
the 1997 Fine Particulate Matter Standard; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: On January 5, 2010, EPA published a final rule determining 
that the Hickory-Morganton-Lenoir nonattainment area (hereafter 
referred to as the ``Hickory Area'') has attaining data for the 1997 
fine particulate matter (PM2.5) National Ambient Air Quality 
Standard (NAAQS). This action corrects a typographical error in the 
regulatory language in paragraph (f) of EPA's January 5, 2010, final 
rule.

DATES: This action is effective December 6, 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, Chief, 
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 paragraph (f) 
of North Carolina's Identification of Plan at 40 CFR 52.1781. The final 
action, which determined that the Hickory Area has attaining data for 
the 1997 PM2.5 NAAQS, was approved by EPA on January 5, 2010 
(75 FR 230). However, EPA inadvertently cited 40 CFR 52.1004(c) as the 
section of the Code of Federal Regulations (CFR) that suspends the 
requirements for areas attaining the 1997 PM2.5 NAAQS to 
submit an attainment demonstration, associated reasonably available 
control measures, a reasonable further progress plan, contingency 
measures, and other planning State implementation plans related to 
attainment of the PM2.5 NAAQS. The correct citation is 40 
CFR 51.1004(c). Therefore, EPA is correcting this typographical error 
by inserting 51.1004(c) into paragraph (f) of 40 CFR 52.1781.
    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 an inadvertent error 
contained in paragraph (f) of 40 CFR 52.1781 of the rulemaking and has 
no substantive impact on EPA's January 5, 2010,

[[Page 75627]]

approval. In addition, EPA can identify no particular reason why the 
public would be interested in being notified of the correction, 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 
paragraph (f) to 40 CFR 52.1781.
    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 action merely corrects a typographical error in 
paragraph (f) of a prior rulemaking by correcting the citation as 
identified above in 40 CFR 52.1781 in a revision, which EPA approved on 
January 5, 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 paragraph (f) of a prior 
rulemaking by correcting the citation as identified above in 40 CFR 
52.1781, which EPA approved on January 5, 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 paragraph (f) 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 paragraph (f) of a prior rulemaking by correcting the citation 
as identified above in 40 CFR 52.1781 in a revision which EPA approved 
on January 5, 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. section 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 February 4, 2011. 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, Particulate matter.

    Dated: November 17, 2010.
A. Stanley Meiburg,
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 II--North Carolina

0
2. Section 52.1781 is amended by revising paragraph (f) to read as 
follows:


Sec.  52.1781  Control strategy: Sulfur oxides and particulate matter.

* * * * *
    (f) Determination of Attaining Data. EPA has determined, as of 
January 5, 2010, the Hickory-Morganton-Lenoir, North Carolina, 
nonattainment area has attaining data for the 1997 PM2.5 
NAAQS. This determination, in accordance with 40 CFR 51.1004(c), 
suspends the requirements for this area to submit an attainment 
demonstration, associated reasonably available control measures, a 
reasonable further progress plan, contingency measures, and other 
planning SIPs related to attainment of the standard for as long as this 
area continues to meet the 1997 PM2.5 NAAQS.

[FR Doc. 2010-30483 Filed 12-3-10; 8:45 am]
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