[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Rules and Regulations]
[Pages 12341-12343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05071]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2012-0893; FRL-9923-89-Region 4]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Georgia; Redesignation of 
the Rome, Georgia, 1997 Annual Fine Particulate Matter Nonattainment 
Area to Attainment; Correction

AGENCY: Environmental Protection Agency.

ACTION: Final rule; correction.

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SUMMARY: On May 14, 2014, the Environmental Protection Agency (EPA) 
published a final rule to approve a request submitted on June 21, 2012, 
by the Georgia Department of Natural Resources, through Georgia 
Environmental Protection Division, to redesignate the Rome, Georgia, 
fine particulate matter (PM2.5) nonattainment area 
(hereafter referred to as the ``Rome Area'' or ``Area'') to attainment 
for the 1997 Annual PM2.5 National Ambient

[[Page 12342]]

Air Quality Standards (NAAQS). This action corrects an inadvertent 
error in the preamble of EPA's May 14, 2014, final rule related to the 
redesignation of the Rome Area for the 1997 Annual PM2.5 
NAAQS.

DATES: This action is effective March 9, 2015.

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 
a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory 
Management Section (formerly the Regulatory Development Section), Air 
Planning and Implementation Branch (formerly the 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. Bell may be reached by phone at (404) 562-9088 or via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: This action corrects an error in the 
preamble of EPA's May 14, 2014, final rule related to the redesignation 
of the Rome Area for the 1997 Annual PM2.5 NAAQS. See 79 FR 
27493. The Rome Area is comprised of one county, Floyd County, in 
Georgia. In the ``Final Action'' section of the preamble at 79 FR 
27495, EPA inadvertently stated that the final rule was changing the 
legal designation of ``Bibb County and a portion of Monroe County'' to 
attainment for the 1997 Annual PM2.5 NAAQS. EPA is now 
correcting that inadvertent error in the preamble by replacing the 
phrase ``Bibb County and a portion of Monroe County'' with ``Floyd 
County.'' The regulatory text associated with the May 14, 2014, final 
rule at 40 CFR 52.570 and 81.311 correctly identifies ``Floyd County'' 
as the redesignated county associated with the Rome Area. See 79 FR 
27496.
    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 procedures are unnecessary 
for today's action because this action merely corrects the 
aforementioned inadvertent error in the preamble of EPA's May 14, 2014, 
final rule and has no substantive impact on EPA's May 14, 2014, action. 
In addition, EPA can identify no particular reason why the public would 
be interested in having the opportunity to comment on the correction 
prior to this action being finalized because this correction does not 
change or reopen EPA's redesignation of the Rome Area for the 1997 
Annual PM2.5 NAAQS.
    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 
action, however, does not create any new regulatory requirements such 
that affected parties would need time to prepare before the action 
takes effect. Rather, today's action merely corrects the inadvertent 
error identified above. 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.

IV. 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 
imposes no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this action 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 action merely corrects an inadvertent error in the preamble to 
EPA's May 14, 2014, final rulemaking, 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).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000) nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law. This action 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 action does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act (CAA). This action 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 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. This action 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 action 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 May 8, 2015. Filing a petition for 
reconsideration by the Administrator of this final action does not 
affect the finality of this action for the purposes of judicial review 
nor does it extend the

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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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, and Particulate matter.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

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

    Dated: February 13, 2015.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2015-05071 Filed 3-6-15; 8:45 am]
 BILLING CODE 6560-50-P