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Approval and Promulgation of Implementation Plans; State of California

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[Federal Register: August 4, 2000 (Volume 65, Number 151)]
[Rules and Regulations]
[Page 47862-47864]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04au00-11]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 026-CORR; FRL-6733-5]


Approval and Promulgation of Implementation Plans; State of
California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: This action corrects language to Title 40 of the Code of
Federal Regulations that appeared in a direct final rule published in
the Federal Register on April 19, 2000. It also corrects language that
appeared in various other final Federal Register actions.

EFFECTIVE DATE: This action is effective August 4, 2000.

FOR FURTHER INFORMATION CONTACT: Julie A. Rose, Rulemaking Office, Air
Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne
Street, San Francisco, CA 94105, Telephone: (415) 744-1184.

SUPPLEMENTARY INFORMATION: On April 19, 2000 at 65 FR 20913, EPA
published a direct final rulemaking action approving a rule from the
Sacramento Metropolitan Air Quality Management District of the
California State

[[Page 47863]]

Implementation Plan (SIP). The direct final rulemaking contained
amendments to 40 CFR part 52, subpart F. The amendment which
incorporated material by reference into Sec. 52.220, Identification of
plan, paragraph (c)(263)(i)(C)(2) is incorrect. The amendment is being
corrected in this action. Paragraph (C) should have been identified as
Sacramento Metropolitan Air Quality Management District and paragraph
(1) should have listed Rule 464 instead of paragraph (2). The
identification of these two paragraphs is being corrected in this
action.
    On May 7, 1996, at 61 FR 20454, EPA published a direct final
rulemaking action approving Rule 359 for the Santa Barbara County Air
Pollution Control District. The direct final rulemaking contained
amendments to 40 CFR part 52, subpart F. The material incorporated by
reference into Sec. 52.220, Identification of plan, paragraph
(c)(198)(i)(K)(2) was identified in the Federal Register, however, the
information was not transferred to the Code of Federal Regulations
(CFR). Paragraph (2) should read: ``Rule 359, adopted on June 28,
1994.'' This omission is being corrected in this action.
    Additional omissions in 40 CFR 52.220 are being corrected in this
action. Paragraph (c)(184)(i)(D) should be identified as San Diego
County Air Pollution Control District. Paragraph (c)(220)(i)(B) should
be identified as Placer County Air Pollution Control District.
Paragraph (c)(225)(i)(C) should be identified as El Dorado County Air
Pollution Control District. The identification of these paragraphs is
being corrected in this action.
    On March 1, 1996, at 61 FR 7994, the deletion of Kern County Air
Pollution Control District Rule 425 was incorrectly added as paragraph
(c)(194)(i)(D)(3 ). In today's action, the deletion of Rule 425 is
being correctly added to paragraph (c)(132)(B) and paragraph
(c)(194)(i)(D)(3) is being 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 procedures 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 correcting
omissions and amending the rules listed in the currently approved
information. The affected regulations are codified at 40 CFR part 52,
subpart F, Sec. 52.220. These rules were previously subject to notice
and comment prior to EPA approval. Thus, notice and public procedure
are unnecessary. EPA finds that this constitutes good cause under 5
U.S.C. 553(b)(B).

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 document.
    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 4,
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 in 40 CFR Part 52

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

Nora McGee,
Acting Regional Administrator, Region IX.

    Part 52, chapter I, title 40 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 F--California

    2. Section 52.220 is amended by adding paragraphs (c) (132)(i)(B),
(184)(i)(D) introductory text, (198)(i)(K)(2), (220)(i)(B) introductory
text, (225)(i)(C) introductory text, (263)(i)(C) introductory text,
(263)(i)(C)(1) and by removing

[[Page 47864]]

(194)(i)(D)(3) and (263)(i)(C)(1) to read as follows:

Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (132) * * *
    (i) * * *
    (B) Previously approved on May 3, 1984 and now deleted without
replacement, Rule 425.
* * * * *
    (184) * * *
    (i) * * *
    (D) San Diego County Air Pollution Control District.
* * * * *
    (198) * * *
    (i) * * *
    (K) * * *
    (2) Rule 359, adopted on June 28, 1994.
* * * * *
    (220) * * *
    (i) * * *
    (B) Placer County Air Pollution Control District.
* * * * *
    (225) * * *
    (i) * * *
    (C) El Dorado County Air Pollution Control District.
* * * * *
    (263) * * *
    (i) * * *
    (C) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 464, adopted on July 23, 1998.
* * * * *

[FR Doc. 00-18641 Filed 8-3-00; 8:45 am]
BILLING CODE 6560-50-P

 
 

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