[Federal Register Volume 76, Number 131 (Friday, July 8, 2011)]
[Rules and Regulations]
[Pages 40246-40248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17049]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0976; FRL-9430-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Ohio; Control of Gasoline Volatility; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: This document corrects an error in the codification in a May 
25, 2007, final rule under the Clean Air Act pertaining to a request 
for the use of low Reid Vapor Pressure (RVP) fuel in the Cincinnati and 
Dayton areas. Clinton County, Ohio is actually not part of the area 
affected by the rulemaking.

DATES: Effective Date: This final rule is effective on July 8, 2011.

[[Page 40247]]


FOR FURTHER INFORMATION CONTACT: Carolyn Persoon, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-8290, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. EPA published a final approval 
of Ohio rules that request use of low RVP fuel in the Cincinnati and 
Dayton areas on May 25, 2007 (72 FR 29269). Thecodification of this 
approval states that the Ohio rules require that low-RVP fuel of 7.8 
pounds per square inch (psi) be sold in Hamilton, Butler, Clinton, 
Warren, Clermont, Clark, Greene, Miami, and Montgomery counties. 
However, the addition of Clinton County in the final rule and the 
codification was a clerical error. The Ohio rules submitted to EPA for 
action do not apply to Clinton County, Ohio. The error has resulted in 
a discrepancy between 40 CFR 52.1870 and the state rules of Ohio. This 
document corrects the erroneous amendatory language.

Correction

    In the codification published in the Federal Register on May 25, 
2007 (72 FR 29269), on page 29273 in the second column, paragraph 
numbered (138): ``Areas which includes Hamilton, Butler, Clinton, 
Warren and Clermont, Clark, Greene, Miami, and Montgomery counties.'' 
is corrected to read: ``Areas which include Hamilton, Butler, Warren 
and Clermont, Clark, Greene, Miami, and Montgomery Counties.''
    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 we are merely correcting 
an incorrect citation in a previous action. The underlying state rule 
is not affected. 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 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 is not economically significant.
    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 July 8, 
2011. 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. This correction to 40 CFR part 52 for 
Ohio is not a ``major rule'' as defined by 5 U.S.C. 804(2).

    Dated: June 24, 2011.
Susan Hedman,
Regional Administrator, Region 5.

List of Subjects in 40 CFR Part 52

    Air pollution control, Carbon monoxide, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements.

    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 KK--Ohio

0
2. Section 52.1870 is amended by revising paragraph (c)(138) to read as 
follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *
    (138) On February 14, 2006, and October 6, 2006, the State of Ohio 
submitted a revision to the Ohio State Implementation Plan. This 
revision is for the purpose of establishing a gasoline Reid Vapor 
Pressure (RVP) limit of 7.8 pounds per square inch (psi) for gasoline 
sold in the Cincinnati and

[[Page 40248]]

Dayton areas which include Hamilton, Butler, Warren, Clermont, Clark, 
Greene, Miami, and Montgomery Counties.
* * * * *
[FR Doc. 2011-17049 Filed 7-7-11; 8:45 am]
BILLING CODE 6560-50-P