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Approval and Promulgation of Air Quality Implementation Plans; State of Utah; State Implementation Plan Corrections

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

  [Federal Register: October 15, 2003 (Volume 68, Number 199)]
[Rules and Regulations]
[Page 59327-59328]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15oc03-8]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[SIP No. UT-001-0048, UT-001-0049, FRL-7573-8]
 
Approval and Promulgation of Air Quality Implementation Plans; 
State of Utah; State Implementation Plan Corrections

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical correction.

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SUMMARY: When EPA approved Utah State Implementation Plan (SIP) 
revisions regarding the numbering and format of the SIP on June 25, 
2003, we inadvertently submitted incorrect material for incorporation 
by reference and incorrectly referenced a SIP section. EPA is 
correcting these errors with this document.

EFFECTIVE DATE: This final rule is effective November 14, 2003.

FOR FURTHER INFORMATION CONTACT: Laurel Dygowski, EPA, Region 8, (303) 
312-6144.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'' or 
``our'' is used it means the EPA.
    Section 553 of the Administrative Procedures 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. 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 
incorrect text in a previous rulemaking. Thus notice and public 
procedures are unnecessary. We find that this constitutes good cause 
under 5 U.S.C. 553(b)(B).

I. Correction

Correction to Federal Register Document Published on June 25, 2003 (68 
FR 37744)

    On June 25, 2003, we published a final rule approving Utah SIP 
revisions pertaining to the numbering and format of the SIP (68 FR 
37744). When we published this rule, we incorporated by reference 
changes to Section IX.D.2.h. In the incorporation by reference material 
for Section IX.D.2.h, we inadvertently incorporated by reference 
changes to Section IX.D.2.h(2) that should not have been incorporated 
by reference. The incorporation by reference material submitted with 
the June 25, 2003 final rule had changes to Section IX.D.2.h(2) that 
are part of a February 22, 1999 SIP submittal that we have not 
approved. Therefore, we are correcting this error by resubmitting the 
incorporation by reference material for 40 CFR 52.2320(c)(56)(i)(C) to 
the Air and Radiation Docket and Information Center and the Office of 
the Federal Register. In addition, we are correcting the regulatory 
text in 40 CFR 52.2320(c)(56)(i)(C) to change the reference to Section 
IX, Part ``IX.D.2.h'' to read ``IX.D.2.h (except IX.D.2.h(2))''.

II. 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. This rule is 
not subject to Executive Order 13211, ``Actions Concerning Regulations 
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001) because it is not a significant regulatory action 
under Executive Order 12866. 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 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 (59 FR 22951, 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 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, 1998) by examining the takings implications of 
the rule in accordance with the ``Attorney General's Supplemental

[[Page 59328]]

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.). EPA's compliance with these statutes and 
Executive Orders for the underlying rules are discussed in the June 25, 
2003 rule approving the revisions to the numbering and formatting of 
the Utah SIP.
    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 therefore, and established an effective date of November 
14, 2003. 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. These corrections 
to the identification of plan for Utah 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: October 1, 2003.
Robert E. Roberts,
Regional Administrator, Region 8.

? 40 CFR part 52 is amended to read as follows:

PART 52--[CORRECTED]

? 1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart TT--Utah

? 2. Section 52.2320 is amended in paragraph (c)(56)(i)(C) by revising 
``IX.D.2.h'' to read ``IX.D.2.h (except IX.D.2.h(2))''.

[FR Doc. 03-25933 Filed 10-14-03; 8:45 am]
BILLING CODE 6560-50-P

 
 

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