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ENVIRONMENTAL PROTECTION AGENCY

Environmental Protection Agency

CFR Citation: 40 CFR Part 52

VA ID: [VA085/086/089/102/103-5046a; FRL-7455-7]

NOTICE: RULES

ACTION: Air quality implementation plans; approval and promulgation; various States:

DOCUMENT ACTION: Direct final rule; correcting amendment.

SUBJECT CATEGORY: Approval and Promulgation of Air Quality Implementation Plans; Virginia; Reorganization of and Revisions to Administrative and General Conformity Provisions; Documents Incorporated by Reference; Recodification of Existing SIP Provisions; Correction

EFFECTIVE DATES: March 10, 2003.

DOCUMENT SUMMARY: This document corrects errors in the amendatory instructions of a final rule pertaining to the chart listing Virginia regulations which EPA has incorporated by reference into the Virginia SIP.

SUMMARY: Virginia; correction,

SUPPLEMENTAL INFORMATION

Throughout this document wherever ``we,'' or ``our'' are used we mean EPA. On January 7, 2003 (68 FR 663), we published a final rulemaking action announcing corrections to the chart in 40 CFR 52.2020(c) summarizing the approved SIP rules. As stated 68 FR 663 at page 666, the intent of these amendatory instructions was to correct typographical errors by renumbering these entries with the correct regulatory citations. After reviewing the chart published on page 666, we have determined that this action provided an incomplete list of entries which EPA had intended to correct. In addition to those entries listed in 68 FR 663 at 666, EPA had intended to correct the following entries originally published on April 21, 2000 (65 FR 21315), as described below:
Federal Register page (65 FR) Entry Column title Description of correction 21322.................................... 520305 State Effective Date....... Replace ``2/1/97'' with ``7/ 1/97'' 21323.................................... 540311 Title/Subject.............. Replace ``Dioxide'' with ``Oxides'' 21342.................................... 59120 State Effective Date....... Replace ``1/1/98'' with ``1/ 24/97'' 59120 Explanation [Former SIP Revise the existing note Citation]. regarding the term ``Northern Virginia program area''

In this document on page 667, an amendatory instruction (2.d.) inadvertently removed entries 59150, 491450 and 491460 from this chart. Another amendatory instruction (2.f.) contained a typographical error to the citation identifying entry 440450. As stated in 68 FR 663 at page 666, the intent of these amendatory instructions was not to remove these entries from the chart, but merely to correct typographical errors by renumbering these entries with the correct regulatory citations, as described below:

1. Replace entry ``440450'' with ``540450.''

2. Replace entry ``59150'' with ``591150.''

3. Replace entry ``491450'' with ``591450.''

4. Replace entry ``491460'' with ``591460.''

However, the rule chart published in the January 7, 2003 action omitted these new entries which were meant to replace these incorrect entries. This action corrects the chart in 40 CFR 52.2420(c) by removing the incorrect chart entries and adding the correct chart entries in their place.

Also, on page 667 amendatory instructions 2.e. and 2.g. were incorrect. As a result, the corrections as described on page 666 to entry 58010 and the title for ``Chapter 160 General Conformity Rules'' were not made to the rule chart at page 668. This action provides the correct amendatory instructions.

Finally, this action corrects typographical errors published in the rule chart for 68 FR 663 at page 668 to the headings ``Chapter 10'' and ``Chapter 20'' and to the notes found in the respective ``Explanation [Former SIP Citation]'' columns for entries 51010 and 51020.

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. 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 an incorrect citation in a previous action. Thus, notice and public procedure are unnecessary. We find that this constitutes good cause under 5 U.S.C. 553(b)(B).

Statutory and Executive Order Reviews

Under Executive Order (E.O.) 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. For this reason, this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). Because the agency has made a ``good cause'' finding that this action is not subject to noticeandcomment requirements under the Administrative Procedures 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. 1044). 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 (65 FR 67249, 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 governments, as specified by 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 Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued under the executive order. This rule does not impose an
[[Page 8843]]
information collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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 had made such a good cause finding, including the reasons therefore, and established an effective date of March 10, 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. This correction to 40 CFR 52.2420(c) for Virginia 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, Intergovernmental relations, Nitrogen dioxide, Ozone, Volatile organic compounds.

Dated: February 14, 2003.
Donald S. Welsh,
Regional Administrator, EPA Region III.

40 CFR part 52 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 VVVirginia

2. In Sec. 52.2420, the table in paragraph (c) is amended:

a. Under Chapter 10 by revising the ``Chapter 10'' heading and entries 51010 and 51020.

b. Under Chapter 20 by revising the ``Chapter 20'' heading and entry 520205.

c. Under Chapter 40 by removing entry 440450, adding entry 540 450, and revising entry 540311.

d. Under Chapter 80 by removing entry 58010/Article 6 and adding entry 58010.

e. Under Chapter 91 by removing entries 59150, 491450, and 4 91460; adding entries 591150, 591450, and 591460; and revising entry 59120.

f. Under chapter 160 by revising the ``Chapter 160'' heading.

The revisions read as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
EPAApproved Virginia Regulations State
State citation (9 VAC Title/Subject effective EPA approval date Explanation [former SIP 5) date citation] Chapter 10General Definitions[Part I] 51010............... General.......... 1/1/98 1/7/03, 68 FR 1200101 Sections 51010A, B and C are revised. 51020............... Terms Defined.. 1/1/98 2/26/03 and FR page Terms AddedPublic hearing; citation Regulations for the Control and Abatement of Air Pollution, Regulation of the Board, These regulations: Terms Revised Good Engineering Practice, Person, Volatile organic compound: Terms Deleted (moved to 9 VAC 517020) Administrative Process Act, Air quality maintenance area, Confidential information, Consent agreement, Consent order, Emergency special order, Order, Special order, Variance. * * * * * * * Chapter 20General Provisions[Part II] * * * * * * * 520205.............. Prevention of 7/1/97 3/23/98, Former Appendix LEffective 2/1/ Significant 63 FR 13795 92. Deterioration
Areas.
[[Page 8844]]
* * * * * * * Chapter 40Existing Stationary Sources[Part IV] * * * * * * * Part IIEmission Standards * * * * * * * Article 4General Process Operations[Rule 44] * * * * * * * 540311.............. Reasonably 7/1/97 4/28/99, 52.2420(c)(132) available 64 FR 22792 Exceptions: 311C.3.a, C.3.c,D. control
technology
guidelines for
stationary
sources of
nitrogen oxides.
* * * * * * * Article 5Synthesized Pharmaceutical Products Manufacturing Operations[Rule 45] * * * * * * * 540450.............. Standard for 4/17/95 4/21/00, 120040503 Volatile Organic 65 FR 21320 Compounds.
* * * * * * * Chapter 80Permits for Stationary Sources 58010............... New and Modified 4/17/95 4/21/00, 1200801 Stationary 65 FR 21320 Sources.
* * * * * * * Chapter 91Regulations for the Control of Motor Vehicle Emissions in the Northern Virginia Area Part IDefinitions * * * * * * * 59120............... Terms Defined.... 1/24/97 9/1/99, Note: The term ``Northern 64 FR 47670 Virginia program area'' is revised, effective 1/1/98, to exclude Fauquier County. Part IIGeneral Provisions * * * * * * * 591150.............. Availability of 1/24/97 9/1/99, ................................ Information. 64 FR 47670 * * * * * * * Part VIInspection Procedures * * * * * * * 591450.............. Fuel test 1/24/97 9/1/99, ................................ evaporative 64 FR 47670 pressure test
and gas cap
pressure and
test procedure.
591460.............. Fuel system 1/24/97 9/1/99, ................................ evaporative 64 FR 47670 purge test
procedure.
* * * * * * * Chapter 160General Conformity Rules * * * * * * * [[Page 8845]]
[FR Doc. 034520 Filed 22503; 8:45 am]
BILLING CODE 656050P

FOR FURTHER INFORMATION CONTACT Harold A. Frankford, (215) 814-2108 or by email at frankford.harold@epamail.epa.gov.