[Federal Register Volume 79, Number 20 (Thursday, January 30, 2014)]
[Rules and Regulations]
[Pages 4820-4821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01722]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0141; 9905-88-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Attainment Plan for the Philadelphia-Wilmington, 
Pennsylvania-New Jersey-Delaware Nonattainment Area for the 1997 Annual 
Fine Particulate Matter Standard; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: This document corrects an error in the preamble language of a 
final rule pertaining to EPA's approval of Delaware's state 
implementation plan (SIP) revision demonstrating Delaware's attainment 
of the 1997 annual fine particulate matter (PM2.5) national 
ambient air quality standard (NAAQS) for the Philadelphia-Wilmington, 
Pennsylvania-New Jersey-Delaware (PA-NJ-DE) nonattainment area 
(Philadelphia Area) submitted by the Delaware Department of Natural 
Resources and Environmental Control.

DATES: This final rule is effective on January 30, 2014, and is 
applicable beginning January 16, 2014.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: EPA inadvertently printed an incorrect 
column title on a table entitled, Delaware's Motor Vehicle Budgets for 
the 1997 Annual PM2.5 NAAQS. This action corrects the table 
in rule document [FR document No. 2013-29803] published in the Federal 
Register on December 17, 2013 (78 FR 76209). The table is corrected as 
follows: On page 76212 on the third column of the table, correct the 
title which now reads volatile organic compound (VOC), to read 
PM2.5.
    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 we are merely correcting 
an incorrect citation in a previous action. Thus, notice and public 
procedure are unnecessary. We find 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 
EPA 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

[[Page 4821]]

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 has made such a good cause finding, including 
the reasons therefore, and established an effective date of January 16, 
2014. 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 52.427(c) 
for Delaware is not a ``major rule'' as defined by 5 U.S.C. 804(2).

    Dated: January 8, 2014.
W.C. Early,
Acting Regional Administrator, EPA Region III.
[FR Doc. 2014-01722 Filed 1-29-14; 8:45 am]
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