[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Rules and Regulations]
[Pages 37132-37133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14509]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0385; FRL-9824-2]


Approval and Promulgation of Implementation Plans; Revised Format 
for Materials Being Incorporated by Reference for Florida; Approval of 
Recodification of the Florida Administrative Code; Correcting 
Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting amendments.

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SUMMARY: On June 16, 1999, EPA published a final rule in the Federal 
Register approving a Florida State Implementation Plan (SIP) revision, 
submitted through the Florida Department of Environmental Protection 
(FDEP) on April 15, 1996. The submission related to miscellaneous 
changes and the recodification of the Florida Administrative Code 
(F.A.C.). In addition, the submittal also contained several regulations 
that were supposed to be removed from the SIP. EPA's June 16, 1999, 
action approved the miscellaneous rule revisions, repeals and 
corrections; however, it failed to ensure the regulatory text reflected 
all of the repeals. This correcting amendment corrects and clarifies 
errors in the regulatory language in paragraph (c) of EPA's June 16, 
1999, final rule.

DATES: Effective on June 20, 2013.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Quality Modeling 
and Transportation 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. The 
telephone number is (404) 562-9222. Ms. Sheckler can be reached via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: Today's action corrects inadvertent errors 
in EPA's June 16, 1999, final rulemaking. Specifically, this correcting 
amendment clarifies that EPA's June 16, 1999, action approved the 
State's implementation plan revision that repealed F.A.C. rules 62-
297.411 (DEP Method 1), 62-297.412 (DEP Method 2), 62-297.413 (DEP 
Method 3), 62-297.415 (DEP Method 5), 62-297.416 (DEP Method 5A), 62-
297.417 (DEP Method 6) and, 62-297.423 (EPA Method 12-Determination of 
Inorganic Lead Emissions from Stationary Emission Units). The June 16, 
1999, final rule approved the removal of the test method rules from the 
SIP. These rules were repealed because they were obsolete. Another rule 
change provided for the incorporation of the federally approved 
American Society for Testing and Materials (ASTM) methods. However, 
EPA's regulatory text did not properly indicate that the rules were 
repealed. This action corrects these inadvertent errors.
    EPA has determined that today's actions fall 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 is 
unnecessary because today's action to correct inadvertent regulatory 
text errors included with EPA's June 16, 1999, final rule are 
consistent with the substantive revisions to the Florida SIP described 
in the direct final rule addressing the miscellaneous revisions and the 
recodification of F.A.C. to make the SIP less complex and correct 
typographical errors. 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 addressing the 
recodification and miscellaneous revisions to the Florida 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 action merely corrects inadvertent errors in 
the regulatory text of EPA's prior rulemaking for the Florida SIP. 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 an inadvertent omission in the regulatory text of EPA's 
June 16, 1999, final rule addressing the recodification of the Florida 
SIP, and miscellaneous changes and imposes no additional requirements 
beyond those already 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 omission in the regulatory text of EPA's 
June 16, 1999, final rules addressing miscellaneous revisions and the 
recodification of F.A.C. to make the SIP less complex and to correct 
typographical errors, and does not impose any additional enforceable 
duty beyond that already 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 (Public Law 
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 inadvertent 
errors in the regulatory text of EPA's June 16, 1999, final rule by 
removing certain repealed rules from the regulatory text, and does

[[Page 37133]]

not alter the relationship or the distribution of power and 
responsibilities established in the 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).

List of Subjects in 40 CFR Part 52

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

    Dated: June 3, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is corrected by making the following correcting 
amendments:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart K--Florida


Sec.  52.520  [Amended]

0
2. Section 52.520(c) is amended under Chapter 62-297 by removing the 
entries for ``62-297.411'', ``62-297.412'', ``62-297.413'', ``62-
297.415'', ``62-297.416'', ``62-297.417'' and ``62-297.423''.
[FR Doc. 2013-14509 Filed 6-19-13; 8:45 am]
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