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Approval and Promulgation of Maintenance Plan and Designation of Area for Air Quality Planning Purposes for Carbon Monoxide; State of Arizona
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[Federal Register: August 21, 2000 (Volume 65, Number 162)]
[Rules and Regulations]
[Page 50651-50652]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au00-19]
[[Page 50651]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[AZ072-0085C; FRL-6852-6]
Approval and Promulgation of Maintenance Plan and Designation of
Area for Air Quality Planning Purposes for Carbon Monoxide; State of
Arizona
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction.
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SUMMARY: This action corrects a final rule that was published in the
Federal Register on June 8, 2000 approving the request of Arizona for
the redesignation of the Tucson Air Planning Area to attainment for the
carbon monoxide National Ambient Air Quality Standard and for approval
of a maintenance plan.
EFFECTIVE DATE: This action is effective on August 21, 2000.
FOR FURTHER INFORMATION CONTACT: Eleanor Kaplan, Air Planning Office,
Air Division, U.S. Environmental Protection Agency, Region IX, 75
Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1159.
SUPPLEMENTARY INFORMATION: On June 8, 2000 at 65 FR 36353, EPA
published a final rulemaking action approving the request of Arizona
for the redesignation of the Tucson Air Planning Area to attainment for
the carbon monoxide National Ambient Air Quality Standard and for
approval of a maintenance plan. The final rulemaking contained
amendments to 40 CFR part 52 relating to revised Arizona statutes and
to 40 CFR part 81 relating to attainment status designations. Two of
those amendments were incomplete. This action will correct the listing
under Sec. 52.120(c)(96)(i)(A)(1) to add Sections 7 and 8 of House Bill
2254 which were omitted. This action will also correct the description
of the boundaries for the ``Tucson Area'' contained in Sec. 81.303
which was incomplete.
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. EPA has determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because EPA is amending the tables
in 40 CFR 52.120 and 81.303 that were contained in the final approval
of the Arizona request for redesignation to attainment of the carbon
monoxide National Ambient Air Quality Standard for the Tucson Air
Planning Area and approval of a maintenance plan that was published in
the Federal Register on June 8, 2000. That redesignation was previously
subject to notice and comment. Thus, notice and public procedure are
unnecessary. EPA finds that this constitutes good cause under 5 U.S.C.
553(b)(B).
Summary of Final Action
In this action EPA is correcting amendments to 40 CFR part 52,
subpart D and 40 CFR part 81, subpart C that were contained in the
final Federal Register Notice published on June 8, 2000 redesignating
the Tucson Air Planning Area to attainment for the carbon monoxide
National Ambient Air Quality Standard. Specifically, this action amends
Sec. 52.120 relating to Arizona revised statutes and Sec. 81.303
describing the boundaries for the Tucson Air Planning Area.
Administrative Requirements
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. Because the
agency has made a ``good cause'' finding that this action is not
subject to notice-and-comment requirements under the Administrative
Procedure Act or any other statute, 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)(Public Law 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 significantly or uniquely affect
the communities of tribal governments, as specified by Executive Order
13084 (63 FR 27655, May 10, 1998). This rule 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 government, as specified
in 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, 1988) by examining the takings implication 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 provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). EPA's compliance with
these statutes and Executive Orders for the underlying rule is
discussed in the June 8, 2000 Federal Register action.
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 therefor, and established an effective date of August 21,
2000. 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 action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate Matter, Reporting
and recordkeeping requirements, Sulfur dioxide, Volatile organic
compounds.
[[Page 50652]]
40 CFR Part 81
Environmental protection, Air pollution control.
Authority: 42 U.S.C. 7401 et seq.
John Wise,
Acting Regional Administrator, Region IX.
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:
PART 52--[AMENDED]
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart D--Arizona
2. Section 52.120 is amended by revising paragraph (c)(96)(i)(A)(1)
to read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
(i) * * *
(A) * * *
(96) * * *
(1) House Bill 2254, Section 1: ARS 41-3009.01 (amended); Section
2: 49-541.01 (amended); Section 3: 49-542 (amended); Section 4: 49-545
(amended); Section 5: 49-557 (amended); Section 6: 49-573 (amended);
Section 7: 41-803 (amended) and Section 8: 41-401.01 (amended), adopted
on May 18, 1999.
* * * * *
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--Arizona
2. In Sec. 81.303 the table for ``Arizona-Carbon Monoxide'' is
amended by revising the entry for ``Tucson area: Pima County (part)''
to read as follows:
Sec. 81.303 Arizona
* * * * *
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Arizona--Carbon Monoxide Designation Classification
Designated Area -------------------------------------------------------------------------------------------------------------------
Date Type Attainment Date Type
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* * * * * * *
Tucson Area: September 20, 2000.
Pima County (part):
Township and Ranges as
follows: T11-12S, R12-14E;
T13-15S, R11-16E; and T16S,
R12-16e Gila and Salt River
Baseline and Meridian
excluding portions of the
Saguaro National Monument
and the Coronado National
Forest.
* * * * * * *
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[FR Doc. 00-21079 Filed 8-18-00; 8:45 am]
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