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48558 Federal Register / Vol. 72, No.

164 / Friday, August 24, 2007 / Rules and Regulations

ENVIRONMENTAL PROTECTION effective date’’ for the entry ‘‘Louisville therefore is not subject to review by the
AGENCY 8-hour Ozone Maintenance Plan’’ EPA Office of Management and Budget. For
inadvertently omitted the State effective this reason, this action is also not
40 CFR Part 52 and 81 date. This omission is being corrected subject to Executive Order 13211,
[EPA–RO4–OAR–2006–0584–200723(c); by adding the State effective date of ‘‘Actions Concerning Regulations That
FRL–8460–6] September 29, 2006. Significantly Affect Energy Supply,
EPA has determined that today’s Distribution, or Use’’ (66 FR 28355, May
Approval and Promulgation of action falls under the ‘‘good cause’’ 22, 2001). This action merely corrects an
Implementation Plans and Designation exemption in section 553(b)(3)(B) of the inadvertent omission and imposes no
of Areas for Air Quality Planning Administrative Procedure Act (APA) additional requirements beyond those
Purposes; Kentucky: Redesignation of which, upon finding ‘‘good cause,’’ imposed by State law. Accordingly, the
the Kentucky Portion of the Louisville authorizes agencies to dispense with Administrator certifies that this rule
8-Hour Ozone Nonattainment Area to public participation where public notice will not have a significant economic
Attainment for Ozone; Technical and comment procedures are impact on a substantial number of small
Amendment impracticable, unnecessary or contrary entities under the Regulatory Flexibility
to the public interest. Public notice and Act (5 U.S.C. 601 et seq.). Because this
AGENCY: Environmental Protection comment for this action are unnecessary rule merely corrects an inadvertent
Agency (EPA). because today’s action to add the State omission by adding the State effective
ACTION: Final rule; technical effective date of the Louisville 8-hour date of the Louisville 8-hour ozone
amendment. ozone maintenance plan has no maintenance plan and does not impose
substantive impact on EPA’s July 5, any additional enforceable duty beyond
SUMMARY: On July 5, 2007, EPA
2007, redesignation approval. That is, that required by State law, it does not
published in the Federal Register a final the addition of the State effective date contain any unfunded mandate or
rule redesignating the Kentucky portion makes no substantive difference to significantly or uniquely affect small
of the bi-state Louisville 8-hour ozone EPA’s redesignation analysis as set out governments, as described in the
nonattainment area to attainment for the in our July 5, 2007, rule, and merely Unfunded Mandates Reform Act of 1995
8-hour ozone National Ambient Air corrects an error made in that prior (Pub. L. 104–4).
Quality Standard (NAAQS). EPA rulemaking. In addition, EPA can This rule also does not have tribal
inadvertently omitted the State effective identify no particular reason why the implications because it will not have a
date in the regulatory text in the final public would be interested in being substantial direct effect on one or more
rule for the Louisville 8-hour ozone notified of the correction of this error or Indian tribes, on the relationship
maintenance plan. This action corrects in having the opportunity to comment between the Federal Government and
the July 5, 2007, final rule by adding a on the correction prior to this action Indian tribes, or on the distribution of
State effective date of September 29, being finalized, since this correction power and responsibilities between the
2006. action does not change the Federal Government and Indian tribes,
DATES: This action is effective August redesignation approval and merely as specified by Executive Order 13175
24, 2007. states when the Louisville 8-hour ozone (65 FR 67249, November 9, 2000). This
ADDRESSES: Copies of the maintenance plan was State effective. action also does not have Federalism
documentation used in the action being EPA also finds that there is good implications because it does not have
corrected are available for inspection cause under APA section 553(d)(3) for substantial direct effects on the states,
during normal business hours at the this correction to become effective on on the relationship between the national
following location: U.S. Environmental the date of publication of this action. government and the states, or on the
Protection Agency, Region 4, 61 Forsyth Section 553(d)(3) of the APA allows an distribution of power and
Street, SW., Atlanta, Georgia 30303– effective date less than 30 days after responsibilities among the various
8960. The Regional Office’s official publication ‘‘as otherwise provided by levels of government, as specified in
hours of business are Monday through the agency for good cause found and Executive Order 13132 (64 FR 43255,
Friday, 8:30 to 4:30, excluding federal published with the rule.’’ 5 U.S.C. August 10, 1999). This action merely
holidays. 553(d)(3). The purpose of the 30-day corrects an inadvertent omission, does
waiting period prescribed in APA not impose any new requirements on
FOR FURTHER INFORMATION CONTACT: section 553(d)(3) is to give affected sources or allow a State to avoid
Heidi LeSane, Regulatory Development parties a reasonable time to adjust their adopting or implementing other
Section, Air Planning Branch, Air, behavior and prepare before the final requirements, and does not alter the
Pesticides and Toxics Management rule takes effect. Today’s rule, however, relationship or the distribution of power
Division, U.S. Environmental Protection does not create any new regulatory and responsibilities established in the
Agency, Region 4, 61 Forsyth Street, requirements such that affected parties Clean Air Act (CAA). This rule also is
SW., Atlanta, Georgia 30303–8960. The would need time to prepare before the not subject to Executive Order 13045,
telephone number is (404) 562–9074. rule takes effect. Rather, today’s rule ‘‘Protection of Children from
Ms. LeSane can also be reached via merely corrects an inadvertent omission Environmental Health Risks and Safety
electronic mail at by adding the State effective date of the Risks’’ (62 FR 19885, April 23, 1997),
SUPPLEMENTARY INFORMATION: On July 5, Louisville 8-hour ozone maintenance because it is not economically
2007 (72 FR 36601), EPA published in plan. For these reasons, EPA finds good significant and because the Agency does
the Federal Register a final rule cause under APA section 553(d)(3) for not have reason to believe that the rule
redesignating the Kentucky portion of this correction to become effective on concerns an environmental health risk
the bi-state Louisville 8-hour ozone the date of publication of this action. or safety risk that may
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nonattainment area to attainment for the disproportionately affect children.

8-hour ozone NAAQS. On page 33604 in Statutory and Executive Order Reviews In reviewing SIP submissions, EPA’s
the table titled ‘‘EPA-Approved Under Executive Order 12866 (58 FR role is to approve State choices,
Kentucky Non-Regulatory Provisions’’ 51735, October 4, 1993), this action is provided that they meet the criteria of
under the subject ‘‘State submittal date/ not a ‘‘significant regulatory action’’ and the CAA. In this context, in the absence

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Federal Register / Vol. 72, No. 164 / Friday, August 24, 2007 / Rules and Regulations 48559

of a prior existing requirement for the required information to the U.S. Senate, List of Subjects in 40 CFR Part 52
State to use voluntary consensus the U.S. House of Representatives, and Environmental protection, Air
standards (VCS), EPA has no authority the Comptroller General of the United pollution control, Intergovernmental
to disapprove a SIP submission for States prior to publication of the rule in relations, Nitrogen dioxide, Ozone,
failure to use VCS. It would thus be the Federal Register. A major rule Reporting and recordkeeping
inconsistent with applicable law for cannot take effect until 60 days after it requirements, Volatile organic
EPA, when it reviews a SIP submission, is published in the Federal Register. compounds.
to use VCS in place of a SIP submission This action is not a ‘‘major rule’’ as
that otherwise satisfies the provisions of Dated: August 16, 2007.
defined by 5 U.S.C. 804(2).
the CAA. Thus, the requirements of J.I. Palmer, Jr.,
section 12(d) of the National Under section 307(b)(1) of the CAA, Regional Administrator, Region 4.
Technology Transfer and Advancement petitions for judicial review of this
■ 40 CFR part 52 is amended as follows:
Act of 1995 (15 U.S.C. 272 note) do not action must be filed in the United States
apply. This rule does not impose an Court of Appeals for the appropriate PART 52—[AMENDED]
information collection burden under the circuit by October 23, 2007. Filing a
provisions of the Paperwork Reduction petition for reconsideration by the ■ 1. The authority citation for part 52
Act of 1995 (44 U.S.C. 3501 et seq.). Administrator of this final rule does not continues to read as follows:
The Congressional Review Act, 5 affect the finality of this rule for the Authority: 42 U.S.C. 7401 et seq.
U.S.C. 801 et seq., as added by the Small purposes of judicial review nor does it
extend the time within which a petition Subpart S—Kentucky
Business Regulatory Enforcement
Fairness Act of 1996, generally provides for judicial review may be filed, and
■ 2. Section 52.920(e) is amended by
that before a rule may take effect, the shall not postpone the effectiveness of revising the entry for ‘‘Louisville 8-hour
agency promulgating the rule must such rule or action. This action may not Ozone Maintenance Plan’’ to read as
submit a rule report, which includes a be challenged later in proceedings to follows:
copy of the rule, to each House of the enforce its requirements. (See section
Congress and to the Comptroller General 307(b)(2) of the CAA.) § 52.920 Identification of plan.
of the United States. EPA will submit a * * * * *
report containing this rule and other (e) * * *


State submittal EPA
Name of non-regulatory SIP provision Applicable geographic or nonattainment area date/effective approval Explanation
date date

* * * * * * *
Louisville 8-hour Ozone Maintenance Plan ...... Bullitt County, Jefferson County, Oldham 09/26/2006 07/05/07, 72
County. FR 36601.

[FR Doc. E7–16804 Filed 8–23–07; 8:45 am] (PADEP) is requesting that the Reading, DATES: Effective Date: This final rule is
BILLING CODE 6560–50–P Berks County, Pennsylvania ozone effective on September 10, 2007.
nonattainment area (Reading Area) be ADDRESSES: EPA has established a
redesignated as attainment for the 8- docket for this action under Docket ID
ENVIRONMENTAL PROTECTION hour ozone national ambient air quality Number EPA–R03–OAR–2007–0175. All
AGENCY standard (NAAQS). In conjunction with documents in the docket are listed in
its redesignation request, the PADEP the website.
40 CFR Parts 52 and 81 submitted SIP revisions consisting of a Although listed in the electronic docket,
maintenance plan for the Reading Area some information is not publicly
[EPA–R03–OAR–2007–0175; FRL–8459–3] that provides for continued attainment available, i.e., confidential business
of the 8-hour ozone NAAQS for at least information (CBI) or other information
Approval and Promulgation of Air
10 years after redesignation. EPA is whose disclosure is restricted by statute.
Quality Implementation Plans;
approving the 8-hour maintenance plan. Certain other material, such as
Pennsylvania; Redesignation of the
PADEP also submitted a 2002 base-year copyrighted material, is not placed on
Reading 8-Hour Ozone Nonattainment
inventory for the Reading Area which the Internet and will be publicly
Area to Attainment and Approval of the
EPA is approving. In addition, EPA is available only in hard copy form.
Area’s Maintenance Plan and 2002
approving the adequacy determination Publicly available docket materials are
Base-Year Inventory
for the motor vehicle emission budgets available either electronically through
AGENCY: Environmental Protection (MVEBs) that are identified in the or in hard copy for
Agency (EPA). Reading Area maintenance plan for public inspection during normal
ACTION: Final rule. purposes of transportation conformity, business hours at the Air Protection
and is approving those MVEBs. EPA is Division, U.S. Environmental Protection
SUMMARY: EPA is approving a approving the redesignation request, Agency, Region III, 1650 Arch Street,
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redesignation request and State and the maintenance plan, and the 2002 Philadelphia, Pennsylvania 19103.
Implementation Plan (SIP) revisions base-year emissions inventory as Copies of the State submittal are
submitted by the Commonwealth of revisions to the Pennsylvania SIP in available at the Pennsylvania
Pennsylvania. The Pennsylvania accordance with the requirements of the Department of Environmental
Department of Environmental Protection Clean Air Act. Protection, Bureau of Air Quality

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