[Federal Register Volume 86, Number 189 (Monday, October 4, 2021)]
[Rules and Regulations]
[Pages 54624-54626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21016]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0694; FRL-8823-03-R5]


Air Plan Approval; Ohio; Infrastructure SIP Requirements for the 
2015 Ozone NAAQS; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting amendment.

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SUMMARY: This action corrects codification errors in the Ohio State 
Implementation Plan (SIP) regarding the infrastructure requirements of 
section 110 of the Clean Air Act (CAA) for the 2015 Ozone National 
Ambient Air Quality Standards (NAAQS).

DATES: This correcting amendment is effective on October 4, 2021.

FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental 
Engineer, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8328, 
[email protected].

SUPPLEMENTARY INFORMATION: On August 11, 2021, the Environmental 
Protection Agency (EPA) made inadvertent codification errors when it 
approved elements of a SIP submission from Ohio regarding the 
infrastructure requirements of CAA section 110 for the 2015 ozone 
NAAQS. In the final rule published in the Federal Register on August 
11, 2021 (86 FR 43962), on page 43964, EPA mistakenly included 
instructions to add entry ``Section 110(a)(2) Infrastructure 
Requirements for the 2015 ozone NAAQS'' immediately after entry 
``Section 110(a)(2) infrastructure requirements for the 2012 
PM2.5 NAAQS'', where the instructions should have said to 
add entry ``Section 110(a)(2) Infrastructure Requirements for the 2015 
ozone NAAQS'' immediately after entry ``Section 110(a)(2)(D) 
infrastructure requirements for the 2012 PM2.5 NAAQS''. EPA 
also mistakenly identified the entry in the table entitled ``EPA 
Approved Ohio Nonregulatory and Quasi-Regulatory Provisions'' on page 
43964 to read ``Section 110(a)(2)(D) Infrastructure Requirements for 
the 2015 ozone NAAQS'', where the correct entry should read ``Section 
110(a)(2) Infrastructure Requirements for the 2015 ozone NAAQS''. 
Lastly, the citation for prongs 1 and 2 in the ``Comments'' column of 
the table on page 43964 should read ``(D)(i)(I)'' and not 
``(D)(i)(II)''.
    This action amends the regulatory text to correct these errors. 
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 this rule final without prior proposal and 
opportunity for comment because we are merely correcting incorrect 
citations in previous actions. 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

    This action is not a significant regulatory action subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011). This action does not impose an information collection burden 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 
Because the agency has made a ``good cause'' finding that this action 
is

[[Page 54625]]

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). This action will 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 governments, as 
specified by E.O. 13132 (64 FR 43255, August 10, 1999). 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 and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by E.O. 
13175 (65 FR 67249, November 9, 2000). This action is not subject to 
E.O. 13045 (62 FR 19885, April 23, 1997), because it is not 
economically significant. This action is also not subject to E.O. 
13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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 
action also does not involve special consideration of environmental 
justice related issues as required by E.O. 12898 (59 FR 7629, February 
16, 1994).
    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 October 4, 
2021. 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).

List of Subjects in 40 CFR Part 52

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

    Dated: September 23, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
    Accordingly, 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.

0
2. In Sec.  52.1870, the table in paragraph (e) is amended under the 
heading ``Infrastructure Requirements'' by adding an entry for 
``Section 110(a)(2) Infrastructure Requirements for the 2015 ozone 
NAAQS'' immediately after the entry for ``Section 110(a)(2)(D) 
infrastructure requirements for the 2012 PM2.5 NAAQS'' to 
read as follows:


Sec.  52.1870   Identification of plan.

* * * * *
    (e) * * *

                         EPA Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
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                                     Applicable
                                   geographical or
             Title                 non-attainment      State date       EPA approval             Comments
                                        area
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                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           Infrastructure Requirements
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                                                  * * * * * * *
Section 110(a)(2)                Statewide.........       9/28/2018  8/11/2021, 86 FR    Approved CAA elements:
 infrastructure requirements                                          43962.              110(a)(2)(A), (B),
 for the 2015 ozone NAAQS.                                                                (C), (D), (E), (F),
                                                                                          (G), (H), (J), (K),
                                                                                          (L), and (M). We are
                                                                                          not taking action on
                                                                                          (D)(i)(I), prongs one
                                                                                          and two.
 
                                                  * * * * * * *
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[FR Doc. 2021-21016 Filed 10-1-21; 8:45 am]
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