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2162 Federal Register / Vol. 73, No.

9 / Monday, January 14, 2008 / Rules and Regulations

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES


State EPA
State citation Explanation
Title/subject effective approval
(9 VAC 5) [former SIP citation]
date date

* * * * * * *
Chapter 20 ...................... General Provisions.

* * * * * * *
Part II .............................. Air Quality Programs.

* * * * * * *
5–20–203 ........................ Air Quality Maintenance Areas .. 09/01/06 01/14/08 [Insert page Fredericksburg and Shenandoah 8-Hour
number where the Ozone Areas are added.
document begins].
5–20–204 ........................ Nonattainment Areas ................. 09/01/06 01/14/08 [Insert page Fredericksburg and Shenandoah 8-Hour
number where the Ozone Areas are deleted.
document begins].

* * * * * * *

* * * * * Final rule; correcting


ACTION: promulgation of Pennsylvania’s
[FR Doc. E8–265 Filed 1–11–08; 8:45 am] amendment. redesignation of the Reading, Erie, and
BILLING CODE 6560–50–P Youngstown 8-hour ozone
SUMMARY: This document corrects an
nonattainment areas to attainment and
error in the preamble language of the approval of the associated maintenance
final rules pertaining to EPA’s approval plans and 2002 base year inventories,
ENVIRONMENTAL PROTECTION
of the redesignation of Reading, Erie, respectively. In these documents, EPA
AGENCY
and Youngstown 8-hour ozone inadvertently printed the incorrect data
40 CFR Parts 52 and 81 nonattainment areas to attainment, in a table entitled, Adequate and
maintenance plans and 2002 base year Approved Motor Vehicle Emission
inventories submitted by the Budgets (MVEBs) in tons per day (tpd)
[EPA–R03–OAR–2007–0175; EPA–R03– Commonwealth of Pennsylvania.
OAR–2007–0476; EPA–R03–OAR–2007– for 2009 and 2018. This action corrects
DATES: Effective Date: January 14, 2008. the tables in the final rulemaking
0344; FRL–8515–1]
FOR FURTHER INFORMATION CONTACT: Rose actions reflecting the correct data for the
Approval and Promulgation of Air Quinto, (215) 814–2182 or by e-mail at 2009 and 2018 MVEBs for Reading, Erie,
Quality Implementation Plans; quinto.rose@epa.gov. and Youngstown Areas.
Pennsylvania; Redesignation of 8-Hour SUPPLEMENTARY INFORMATION:
Ozone Nonattainment Areas to Throughout this document wherever Corrections
Attainment and Approval of the Areas’ ‘‘we’’ or ‘‘our’’ are used we mean EPA. (1) Reading, Berks County, Pennsylvania
Maintenance Plans and 2002 Base- On August 24, 2007 (72 FR 48559); Ozone Nonattainment Area (Reading
Year Inventories; Correction October 9, 2007 (72 FR 57207); and Area)
October 19, 2007 (72 FR 59213), we
AGENCY: Environmental Protection published final rulemaking actions In rule document E7–16683, on page
Agency (EPA). announcing our approval and 48561, the table is corrected as follows:

ADEQUATE AND APPROVED MOTOR VEHICLE EMISSIONS BUDGETS


IN TONS PER DAY (TPD)

Budget year NOX VOC

2009 ......................................................................................................................................................................... 21.3 13.1


2018 ......................................................................................................................................................................... 9.0 7.5

(2) Erie County, Pennsylvania Ozone In rule document E7–19633, on page


Nonattainment Area (Erie Area) 57208, the table is corrected as follows:

ADEQUATE AND APPROVED MOTOR VEHICLE EMISSIONS BUDGETS


IN TONS PER DAY (TPD)

Budget year NOX VOC


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2009 ......................................................................................................................................................................... 6.9 16.1


2018 ......................................................................................................................................................................... 4.5 7.3

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Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Rules and Regulations 2163

(3) Mercer County Portion of the Ozone Nonattainment Area In rule document E7–20567, on page
Youngstown-Warren-Sharon, OH–PA (Youngstown Area) 59214, the table is corrected as follows:

ADEQUATE AND APPROVED MOTOR VEHICLE EMISSIONS BUDGETS IN TONS PER DAY (TPD)
Budget Year NOX VOC

2009 ......................................................................................................................................................................... 4.5 11.6


2018 ......................................................................................................................................................................... 3.0 5.3

Section 553 of the Administrative will it have substantial direct effects on supported by a brief statement. 5 U.S.C.
Procedure Act, 5 U.S.C. 553(b)(3)(B), the States, on the relationship between 808(2). As stated previously, EPA had
provides that, when an agency for good the national government and the States, made such a good cause finding,
cause finds that notice and public or on the distribution of power and including the reasons therefore, and
procedure are impracticable, responsibilities among the various established an effective date of January
unnecessary or contrary to the public levels of governments, as specified by 14, 2008. EPA will submit a report
interest, the agency may issue a rule Executive Order 13132 (64 FR 43255, containing this rule and other required
without providing notice and an August 10, 1999). This rule also is not information to the U.S. Senate, the U.S.
opportunity for public comment. We subject to Executive Order 13045 (62 FR House of Representatives, and the
have determined that there is good 19885, April 23, 1997), because it Comptroller General of the United
cause for making today’s rule final approves a state rule implementing a States prior to publication of the rule in
without prior proposal and opportunity Federal standard. the Federal Register. These corrections
for comment because this rule is not This technical correction action does to the tables on the MVEBs for Reading,
substantive and imposes no regulatory not involve technical standards; thus Erie, and Youngstown, Pennsylvania are
requirements, but merely corrects a the requirements of section 12(d) of the not ‘‘major rules’’ as defined by 5 U.S.C.
citation in a previous action. Thus, National Technology Transfer and 804(2).
notice and public procedure are Advancement Act of 1995 (15 U.S.C. Dated: December 27, 2007.
unnecessary. We find that this 272 note) do not apply. The rule also
William T. Wisniewski,
constitutes good cause under 5 U.S.C. does not involve special consideration
Acting Regional Administrator, Region III.
553(b)(3)(B). of environmental justice related issues
as required by Executive Order 12898 [FR Doc. E8–277 Filed 1–11–08; 8:45 am]
Statutory and Executive Order Reviews (59 FR 7629, February 16, 1994). In BILLING CODE 6560–50–P
Under Executive Order 12866 (58 FR issuing this rule, EPA has taken the
51735, October 4, 1993), this action is necessary steps to eliminate drafting
not a ‘‘significant regulatory action’’ and errors and ambiguity, minimize ENVIRONMENTAL PROTECTION
is therefore not subject to review by the potential litigation, and provide a clear AGENCY
Office of Management and Budget. For legal standard for affected conduct, as 40 CFR Parts 52 and 81
this reason, this action is also not required by section 3 of Executive Order
subject to Executive Order 13211, 12988 (61 FR 4729, February 7, 1996). [EPA–R03–OAR–2007–0625; FRL–8515–2]
‘‘Actions Concerning Regulations That EPA has complied with Executive Order
Significantly Affect Energy Supply, 12630 (53 FR 8859, March 15, 1998) by Approval and Promulgation of Air
Distribution, or Use’’ (66 FR 28355 (May examining the takings implications of Quality Implementation Plans;
22, 2001)). Because the agency has made the rule in accordance with the Pennsylvania; Redesignation of the
a ‘‘good cause’’ finding that this action ‘‘Attorney General’s Supplemental York (York and Adams Counties) 8-
is not subject to notice-and-comment Guidelines for the Evaluation of Risk Hour Ozone Nonattainment Area to
requirements under the Administrative and Avoidance of Unanticipated Attainment and Approval of the Area’s
Procedures Act or any other statute as Takings’’ issued under the executive Maintenance Plan and 2002 Base Year
indicated in the Supplementary order. This rule does not impose an Inventory
Information section above, it is not information collection burden under the AGENCY: Environmental Protection
subject to the regulatory flexibility Paperwork Reduction Act of 1995 (44 Agency (EPA).
provisions of the Regulatory Flexibility U.S.C. 3501 et seq). ACTION: Final rule.
Act (5 U.S.C 601 et seq), or to sections The Congressional Review Act (5
202 and 205 of the Unfunded Mandates U.S.C. 801 et seq.), as added by the SUMMARY: EPA is approving a State
Reform Act of 1995 (UMRA) (Pub. L. Small Business Regulatory Enforcement Implementation Plan (SIP) revision
104–4). In addition, this action does not Fairness Act of 1996, generally provides submitted by the Commonwealth of
significantly or uniquely affect small that before a rule may take effect, the Pennsylvania. The Pennsylvania
governments or impose a significant agency promulgating the rule must Department of Environmental Protection
intergovernmental mandate, as submit a rule report, which includes a (PADEP) is requesting that the York
described in sections 203 and 204 of copy of the rule, to each House of the (York and Adams Counties) ozone
UMRA. This rule also does not have a Congress and to the Comptroller General nonattainment area (York Area) be
substantial direct effect on one or more of the United States. Section 808 allows redesignated as attainment for the 8-
Indian tribes, on the relationship the issuing agency to make a rule hour ozone ambient air quality standard
between the Federal Government and effective sooner than otherwise (NAAQS). EPA is approving the ozone
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Indian tribes, or on the distribution of provided by the CRA if the agency redesignation request for York Area. In
power and responsibilities between the makes a good cause finding that notice conjunction with its redesignation
Federal Government and Indian tribes, and public procedure is impracticable, request, PADEP submitted a SIP
as specified by Executive Order 13175 unnecessary or contrary to the public revision consisting of a maintenance
(65 FR 67249, November 9, 2000), nor interest. This determination must be plan for York Area, which EPA is

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