[Federal Register Volume 63, Number 105 (Tuesday, June 2, 1998)]
[Rules and Regulations]
[Page 29957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14290]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IN82-2; FRL-6013-5]
Approval and Promulgation of Implementation Plans; Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical amendment.
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SUMMARY: This document contains corrections to final rules which were
published on June 26, 1997 and October 23, 1997. These revisions
related to items listed as incorporated in the Indiana State
Implementation Plan as part of the State's photochemical oxidant
control strategy which is designated as Sec. 52.777 Control strategy:
Photochemical oxidants (hydrocarbons), Subpart P--Indiana, part 52,
chapter 1, title 40 of the Code of Federal Regulations.
EFFECTIVE DATE: June 2, 1998.
FOR FURTHER INFORMATION CONTACT: Randolph O. Cano at (312)886-6036.
SUPPLEMENTARY INFORMATION: On October 23, 1997 (62 FR 55173), when the
United States Environmental Protection Agency (EPA) approved the
addition of a 1-year extension of the ozone attainment date in the
Indiana portion of the Louisville moderate ozone nonattainment area
which consists of Clark and Floyd Counties, EPA erroneously codified
its approval at 40 CFR 52.777(q). Paragraph (q) had already been
utilized to codify EPA's June 26, 1997 (62 FR 34406), approval of an
addition to the Indiana SIP in the form of a transportation control
measure for Vanderburgh County.
Need for Correction
This duplicate use of paragraph 52.777(q) makes citation to this
paragraph confusing and unclear as well as imprecise. For this reason
EPA is publishing this Technical Amendment to avoid further confusion.
Administrative Procedure Act
This action will be effective immediately upon publication in the
Federal Register pursuant to the Administrative Procedure Act, 5 U.S.C.
533(d)(1) and (3)(APA) for good cause. This action which merely
redesignates a paragraph used to codify EPA's approval of a one-year
ozone attainment date extension for Clark and Floyd Counties in Indiana
is too minor to be of interest to the general public. Holding a public
comment period on this action is unnecessary. The thirty day delay of
the effective date of this action generally required by the APA is
unwarranted in that it does not serve the public interest to
unnecessarily delay the effective date of this action.
Executive Order 12866
Under Executive Order 12866, this action is not a ``significant
regulatory action'' and is therefore not subject to review by the
Office of Management and Budget. In addition this action does not
impose annual costs of $100 million or more, will not significantly or
uniquely affect small governments, and is not a significant Federal
intergovernmental mandate. The EPA thus has no obligations under
sections 202, 203, 204 and 205 of the Unfunded Mandates Reform Act.
Moreover, since this action is not subject to notice-and-comment
requirements under the APA or any other statute, it is not subject to
sections 603 or 604 of the Regulatory Flexability Act.
Children's Health Protection
This rule is not subject to E.O. 13045, entitled ``Protection of
Children from Environmental Health Risks and Safety Risks (62 FR 19885,
April 23, 1997), because it does not involve decisions on environmental
health risks or safety risks that may disproportionately affect
children.
Submission to Congress and the General Accounting Office
Under section 801(a)(1)(A) of the Administrative Procedure Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996, EPA submitted 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 General Accounting
Office prior to publication of the rule in this Federal Register. This
rule is not a ``major rule'' as defined by section 804(2) of the APA as
amended.
List of Subjects in 40 CFR Part 52
Environmental Protection, Air pollution control, Hydrocarbons,
Intergovernmental relations, Ozone, Transportation control measure.
Dated: April 29, 1998.
Barry C. DeGraff,
Acting Regional Administrator.
Accordingly, part 52, chapter I, title 40 of the Code of Federal
Regulations is corrected by making the following Technical Amendment:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 452 U.S.C. 7401 et seq.
Subpart P--Indiana
2. Section 52.777 is amended by redesignating the second
paragraph(q) as (r).
[FR Doc. 98-14290 Filed 6-1-98; 8:45 am]
BILLING CODE 6560-50-P
