Rule2021-21016
Air Plan Approval; Ohio; Infrastructure SIP Requirements for the 2015 Ozone NAAQS; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 4, 2021
Effective
October 4, 2021
Issuing agencies
Environmental Protection Agency
Abstract
This action corrects codification errors in the Ohio State Implementation Plan (SIP) regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2015 Ozone National Ambient Air Quality Standards (NAAQS).
Full Text
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<title>Federal Register, Volume 86 Issue 189 (Monday, October 4, 2021)</title>
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[Federal Register Volume 86, Number 189 (Monday, October 4, 2021)]
[Rules and Regulations]
[Pages 54624-54626]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21016]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2018-0694; FRL-8823-03-R5]
Air Plan Approval; Ohio; Infrastructure SIP Requirements for the
2015 Ozone NAAQS; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Correcting amendment.
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SUMMARY: This action corrects codification errors in the Ohio State
Implementation Plan (SIP) regarding the infrastructure requirements of
section 110 of the Clean Air Act (CAA) for the 2015 Ozone National
Ambient Air Quality Standards (NAAQS).
DATES: This correcting amendment is effective on October 4, 2021.
FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8328,
<a href="/cdn-cgi/l/email-protection#7404151a1b075a171c061d07001b07341104155a131b02"><span class="__cf_email__" data-cfemail="2151404f4e520f4249534852554e52614451400f464e57">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On August 11, 2021, the Environmental
Protection Agency (EPA) made inadvertent codification errors when it
approved elements of a SIP submission from Ohio regarding the
infrastructure requirements of CAA section 110 for the 2015 ozone
NAAQS. In the final rule published in the Federal Register on August
11, 2021 (86 FR 43962), on page 43964, EPA mistakenly included
instructions to add entry ``Section 110(a)(2) Infrastructure
Requirements for the 2015 ozone NAAQS'' immediately after entry
``Section 110(a)(2) infrastructure requirements for the 2012
PM<INF>2.5</INF> NAAQS'', where the instructions should have said to
add entry ``Section 110(a)(2) Infrastructure Requirements for the 2015
ozone NAAQS'' immediately after entry ``Section 110(a)(2)(D)
infrastructure requirements for the 2012 PM<INF>2.5</INF> NAAQS''. EPA
also mistakenly identified the entry in the table entitled ``EPA
Approved Ohio Nonregulatory and Quasi-Regulatory Provisions'' on page
43964 to read ``Section 110(a)(2)(D) Infrastructure Requirements for
the 2015 ozone NAAQS'', where the correct entry should read ``Section
110(a)(2) Infrastructure Requirements for the 2015 ozone NAAQS''.
Lastly, the citation for prongs 1 and 2 in the ``Comments'' column of
the table on page 43964 should read ``(D)(i)(I)'' and not
``(D)(i)(II)''.
This action amends the regulatory text to correct these errors.
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 this rule final without prior proposal and
opportunity for comment because we are merely correcting incorrect
citations in previous actions. 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
This action is not a significant regulatory action subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011). This action does not impose an information collection burden
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Because the agency has made a ``good cause'' finding that this action
is
[[Page 54625]]
not subject to notice-and-comment 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. 104-4). This action 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 governments, as
specified by E.O. 13132 (64 FR 43255, August 10, 1999). In addition,
the SIP is not approved to apply on any Indian reservation land or in
any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by E.O.
13175 (65 FR 67249, November 9, 2000). This action is not subject to
E.O. 13045 (62 FR 19885, April 23, 1997), because it is not
economically significant. This action is also not subject to E.O.
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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
action also does not involve special consideration of environmental
justice related issues as required by E.O. 12898 (59 FR 7629, February
16, 1994).
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 October 4,
2021. 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 part 52 for
Ohio 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: September 23, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
Accordingly, 40 CFR part 52 is corrected by making the following
correcting amendments:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.1870, the table in paragraph (e) is amended under the
heading ``Infrastructure Requirements'' by adding an entry for
``Section 110(a)(2) Infrastructure Requirements for the 2015 ozone
NAAQS'' immediately after the entry for ``Section 110(a)(2)(D)
infrastructure requirements for the 2012 PM<INF>2.5</INF> NAAQS'' to
read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(e) * * *
EPA Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
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Applicable
geographical or
Title non-attainment State date EPA approval Comments
area
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* * * * * * *
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Infrastructure Requirements
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* * * * * * *
Section 110(a)(2) Statewide......... 9/28/2018 8/11/2021, 86 FR Approved CAA elements:
infrastructure requirements 43962. 110(a)(2)(A), (B),
for the 2015 ozone NAAQS. (C), (D), (E), (F),
(G), (H), (J), (K),
(L), and (M). We are
not taking action on
(D)(i)(I), prongs one
and two.
* * * * * * *
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[FR Doc. 2021-21016 Filed 10-1-21; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on October 4, 2021.
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