[Federal Register Volume 77, Number 169 (Thursday, August 30, 2012)]
[Rules and Regulations]
[Pages 52605-52606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21345]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0866; FRL-9723-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Preconstruction Requirements--Prevention of Significant 
Deterioration and Nonattainment New Source Review; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: This document corrects errors in the final rule document 
published on August 2, 2012 announcing EPA's final approval of several 
revisions to the Maryland State Implementation Plan (SIP) pertaining to 
preconstruction requirements under the Prevention of Significant 
Deterioration (PSD) and nonattainment New Source Review (NSR) programs. 
The correction of these errors neither changes EPA's final action to 
approve these regulations nor the September 4, 2012 effective date of 
that final approval.

DATES: Effective Date: September 4, 2012.

FOR FURTHER INFORMATION CONTACT: David Talley, (215) 814-2117 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On August 2, 2012 (77 FR 45949), EPA 
published a final rulemaking action announcing its approval of 
revisions to the Maryland SIP pertaining to preconstruction 
requirements under the PSD and nonattainment NSR programs. In this 
document, a reference on page 45953 to the approval of Maryland's 
October 24, 2007 SIP revision submittal was inadvertently omitted. The 
document also inadvertently provided an incorrect state effective date 
on page 45954 regarding the addition of an entry to paragraph 
52.1070(c) for COMAR 26.11.01.01. Finally, the document inadvertently 
neglected to remove 40 CFR 52.1073(h) containing the Federally-
promulgated ``Narrowing Rule'' for greenhouse gas (GHG) emissions. In 
its March 19, 2012 notice of proposed rulemaking (77 FR 15985, 15989), 
EPA stated, ``With the regulations submitted in the proposed SIP 
revision, Maryland has adopted EPA's tailoring approach.'' In view of 
its August 2, 2012 final approval of Maryland's SIP revision, EPA has 
determined that section 52.1073(h) is redundant and should have been 
removed from the CFR. EPA is correcting that oversight with this 
corrective action.
    In rule document 2012-18656, published in the Federal Register on 
August 2, 2012 (77 FR 45949):
    1. On page 45952, in the first column, the first sentence under 
``IV. Final Action'' is revised to read, ``EPA is approving MDE's 
October 24, 2007, July 31, 2009 and June 23, 2011 SIP submittals as a 
revision to the Maryland SIP.''


Sec.  52.1070  [Corrected]

0
2. On page 45953, the State effective date in the third column of the 
table in Sec.  52.1070(c) for the entry ``26.11.01.01'' (Definitions) 
is revised to read ``5/16/11.'' All other amendments to this paragraph 
remain unchanged.


Sec.  52.1073  [Corrected]

0
3. On page 45954, an amendatory instruction is added to the end of the 
document to read, ``3. In Sec.  52.1073, paragraph (h) is removed.''
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(3)(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. EPA has determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment because it merely corrects an 
incorrect citation in a previous action. Thus, notice and public 
procedure are unnecessary. EPA finds that this constitutes good cause 
under 5 U.S.C. 553(b)(3)(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

[[Page 52606]]

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 August 13, 
2012. 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 action to correct the document 
preamble, to correct the revision to Sec.  52.1070(c), and to remove 
Sec.  52.1073(h) is not a ``major rule'' as defined by 5 U.S.C. 804(2).

    Dated: August 17, 2012.
W.C. Early,
Acting Regional Administrator, EPA Region III.
[FR Doc. 2012-21345 Filed 8-29-12; 8:45 am]
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