[Federal Register Volume 71, Number 67 (Friday, April 7, 2006)]
[Unknown Section]
[Pages 17750-17752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3355]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[PA209-4302; FRL-8055-8]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation of the Hazelwood SO2 Nonattainment and the
Monongahela River Valley Unclassifiable Areas to Attainment and
Approval of the Maintenance Plan; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; correction.
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SUMMARY: On July 21, 2004 (69 FR 43522) EPA published a Federal
Register notice redesignating the Hazelwood SO2
Nonattainment Area and the Monongahela River Valley Unclassifiable Area
to attainment of the sulfur dioxide (SO2) national ambient
air quality standards (NAAQS). In the July 21, 2004 final rulemaking
document, two areas were inadvertently omitted from the revised
designated area listing. This document corrects that error.
DATES: Effective Date: April 7, 2006.
FOR FURTHER INFORMATION CONTACT: Ellen Wentworth, (215) 814-2034, or by
e-mail at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' or
``our'' are used we mean EPA. On July 21, 2004 (69 FR 43522), we
published a final rulemaking announcing our approval of the
redesignation of the Hazelwood SO2 Nonattainment Area and
the Monongahela River Valley Unclassifiable Area, located in the
Allegheny Air Basin in Allegheny County to attainment of the NAAQS for
SO2 and approved a combined maintenance plan for both areas
as a State Implementation Plan (SIP) revision. This action pertained to
the redesignation of the Hazelwood and Monongahela River Valley areas
(V.(B)(1) and V.(B)(2), respectively, of part 81, section 81.339, to
attainment. This action was not intended to affect the area within a
two-mile radius of the Bellevue monitor (V.(B)(3), or the remaining
portions of the Allegheny County Air Basin (V.(B)(4). In the July 21,
2004 rulemaking document, these areas were inadvertently removed in the
Pennsylvania SO2 Table in part 81, section 81.339.
Therefore, this correction action restores the entries which were
inadvertently removed.
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 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)(B).
Statutory and Executive Order Reviews
Under Executive Order 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
[[Page 17751]]
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 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 April 7,
2006. 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 81.339 for Pennsylvania is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Dated: March 30, 2006.
Donald S. Welsh,
Regional Administrator, Region III.
0
40 CFR part 81 is amended as follows:
PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--Section 107 Attainment Status Designations
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2. In Sec. 81.339, the table for ``Pennsylvania--SO2,'' is
amended by revising the entry for the Allegheny County Air Basin to
read as follows:
Sec. 81.339 Pennsylvania.
* * * * *
Pennsylvania.--SO2
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Does not meet Does not meet Better than
Designated area primary secondary Cannot be national
standards standards classified standards
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* * * * * * *
V. Southwest Pennsylvania Intrastate AQCR:
* * * * * * *
(B) Allegheny County Air Basin:
(1) The areas within a two-mile radius of .............. .............. ............... X
the Hazelwood monitor....................
(2) That portion of Allegheny County .............. .............. ............... X
within an eight-mile radius of the
Duquesne Golf Association Club House in
West Mifflin excluding the nonattainment
area (1)........................
(3) The area within a two-mile radius of .............. .............. X ...............
the Bellevue monitor.....................
(4) The remaining portions of the .............. .............. ............... X
Allegheny County Air Basin...............
* * * * * * *
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[[Page 17752]]
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[FR Doc. 06-3355 Filed 4-6-06; 8:45 am]
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