Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Rules and Regulations 9781 

I. Background Information 

This Notice is to provide a technical 

correction to the final regulation 

published at 75 FR 3392, January 21, 

2010. The final regulations that are the 

subject to these corrections are effective 

on March 22 and affect the State of 

Alaska Administrative Code (‘‘ACC’’) Air 

Emission User Fee provision in 18 AAC 

50.410 as incorporated into 40 CFR Part 

55. Alaska revised the Air Emission 

User Fee provision in 18 AAC 50.410 to 

extend the date through which the 

current emission fee rates apply to 

stationary sources permitted under AS 

46.14 from June 30, 2009 to June 30, 

2010 and clarified that the fee applies 

annually. This correction relates only to 

the air emission user fee provision in 18 

AAC 50.410. 

II. Need for Correction 

As published, the final regulations 

contained an error which may prove to 

be misleading and needs to be clarified. 

The direct final rule in 75 FR 3392 

inadvertently stated that Appendix A to 

40 CFR part 55 was amended by 

‘‘revising’’ Article 4 of paragraph (a)(1) 

under the heading ‘‘Alaska’’. The direct 

final rule should have said that at 

Appendix A to 40 CFR part 55 was 

amended by ‘‘adding’’ a provision within 

Article 4 of paragraph (a)(1) under the 

heading ‘‘Alaska’’. 

■ Accordingly, the following correction 

is made to the final rule published 

January 21, 2010 (75 FR 3392). 

■ 1. On page 3394, in the third column, 

amendatory instruction 3 is corrected to 

read as follows: 

‘‘3. Appendix A to Part 55 is amended 

under ‘‘Alaska’’ by revising paragraph 

(a)(1) introductory text and by adding an 

entry for ‘‘18 AAC 50.410’’ under article 

4 to read as follows:’’ 

Dated: February 25, 2010. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

[FR Doc. 2010–4558 Filed 3–3–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R04–OAR–2007–0958–201005(c); 

FRL–9122–1] 

Determination of Nonattainment and 

Reclassification of the Atlanta, 

Georgia, 8-Hour Ozone Nonattainment 

Area; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: On March 6, 2008, EPA 

published a document reclassifying the 

Atlanta, Georgia, area from marginal to 

moderate for the 1997 8-hour ozone 

nonattainment area by operation of law. 

This action clarifies a portion of the 

preamble language in the 

aforementioned Federal Register notice. 

DATES: This action is effective March 4, 

2010. 

ADDRESSES: Copies of the 

documentation used in the action being 

corrected are available for inspection 

during normal business hours at the 

following location: U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street, SW., Atlanta, Georgia 30303– 

8960. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Stacy Harder, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. Ms. 

Harder can be reached at 404–562–9042, 

or via electronic mail at 

harder.stacy@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

action corrects preamble language for a 

designation that appears in Georgia’s 

Attainment Designation Status section 

at 40 CFR part 81.311. The 

reclassification of the Atlanta Area from 

marginal to moderate for the 1997 8- 

hour ozone standard, was approved by 

EPA on March 6, 2008 (73 FR 12013). 

However, EPA inadvertently excluded 

Hall County from the list of counties 

included in the Atlanta, Georgia, 1997 

8-hour ozone nonattainment area in the 

preamble portion of the rulemaking. 

Also, EPA inadvertently included 

Pickens County in the list of counties 

included in the Atlanta, Georgia, 1997 

8-hour ozone nonattainment area, in the 

preamble portion of the rulemaking. 

Additionally, EPA is clarifying that 

‘‘Bartow’’ and ‘‘Spalding’’ Counties were 

inadvertently misspelled as ‘‘Barton’’ 

and ‘‘Spaulding’’ Counties on page 

12014. Therefore, EPA is correcting this 

inadvertent error by clarifying that the 

first sentence, in the second paragraph, 

in the first column, of page 12014 

(SUPPLEMENTARY INFORMATION, Section I) 

should read: ‘‘The Atlanta Area is 

located in Northern Georgia and 

consists of Barrow, Bartow, Carroll, 

Cherokee, Clayton, Cobb, Coweta, 

DeKalb, Douglas, Fayette, Forsyth, 

Fulton, Gwinnett, Hall, Henry, Newton, 

Paulding, Rockdale, Spalding and 

Walton Counties.’’ The regulatory 

portion of the notice, found at 40 CFR 

81.311, is correct as written in the 

March 6, 2008, rulemaking. 

EPA has determined that today’s 

action falls under the ‘‘good cause’’ 

exemption in section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation where public notice 

and comment procedures are 

impracticable, unnecessary, or contrary 

to the public interest. Public notice and 

comment for this action are unnecessary 

because today’s action to clarify the list 

of counties included in the Atlanta 1997 

8-hour ozone nonattainment area, in the 

narrative portion of the rulemaking, has 

no substantive impact on EPA’s March 

6, 2008, approval of this regulation. In 

addition, EPA can identify no particular 

reason why the public would be 

interested in being notified of the 

correction of this omission, or in having 

the opportunity to comment on the 

correction prior to this action being 

finalized, since this correction action 

does not change the meaning of EPA’s 

analysis or action to reclassify the 

Atlanta 1997 8-hour ozone 

nonattainment area from marginal to 

moderate. 

EPA also finds that there is good 

cause under APA section 553(d)(3) for 

this correction to become effective on 

the date of publication of this action. 

Section 553(d)(3) of the APA allows an 

effective date less than 30 days after 

publication ‘‘as otherwise provided by 

the agency for good cause found and 

published with the rule.’’ 5 U.S.C. 

553(d)(3). The purpose of the 30-day 

waiting period prescribed in APA 

section 553(d)(3) is to give affected 

parties a reasonable time to adjust their 

behavior and prepare before the final 

rule takes effect. Today’s rule, however, 

does not create any new regulatory 

requirements such that affected parties 

would need time to prepare before the 

rule takes effect. Rather, today’s rule 

merely corrects an inadvertent error in 

the preamble portion of a prior rule by 

clarifying the list of counties included 

in the 1997 8-hour ozone nonattainment 

area, which EPA approved on March 6, 

2008. For these reasons, EPA finds good 

cause under APA section 553(d)(3) for 

this correction to become effective on 

the date of publication of this action. 

Statutory and Executive Order Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 


srobinson on DSKHWCL6B1PROD with RULES
9782 Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Rules and Regulations 

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). This action merely corrects an 

inadvertent error of omission in the 

preamble of a prior rule by identifying 

the list of counties included in the 

Atlanta 1997 8-hour ozone 

nonattainment area in a regulation 

which EPA approved on March 6, 2008, 

and imposes no additional requirements 

beyond those imposed by state law. 

Accordingly, the Administrator certifies 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). Because this rule merely 

corrects an inadvertent error in the 

preamble of a prior rule, and does not 

impose any additional enforceable duty 

beyond that required by state law, it 

does not contain any unfunded mandate 

or significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). 

This rule also does not have tribal 

implications because it will 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). This 

rule also does not have Federalism 

implications because it does 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 government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This rule merely 

corrects an inadvertent error of omission 

in the preamble of a prior rule by 

identifying the list of counties included 

in the Atlanta 1997 8-hour ozone 

nonattainment area in a regulation 

which EPA approved on March 6, 2008, 

and does not alter the relationship or 

the distribution of power and 

responsibilities established in the Clean 

Air Act. This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. In addition, 

this rule 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. This rule also does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. section 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. 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. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. section 804(2). 

Under section 307(b)(1) of the Clean 

Air Act (CAA), petitions for judicial 

review of this action must be filed in the 

United States Court of Appeals for the 

appropriate circuit by May 3, 2010. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See CAA 

section 307(b)(2).) 

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

Dated: February 23, 2010. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2010–4533 Filed 3–3–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2009–0579, EPA–HQ– 

SFUND–2009–0581, EPA–HQ–SFUND–2009– 

0582, EPA–HQ–SFUND–2009–0583, EPA– 

HQ–SFUND–2009–0586, EPA–HQ–SFUND– 

2009–0587, EPA–HQ–SFUND–2009–0590, 

EPA–HQ–SFUND–2009–0591, EPA–HQ– 

SFUND–2005–0005; FRL–9120–7] 

RIN 2050–AD75 

National Priorities List, Final Rule No. 

49 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 1980 

(‘‘CERCLA’’ or ‘‘the Act’’), as amended, 

requires that the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (‘‘NCP’’) include a list 

of national priorities among the known 

releases or threatened releases of 

hazardous substances, pollutants, or 

contaminants throughout the United 

States. The National Priorities List 

(‘‘NPL’’) constitutes this list. The NPL is 

intended primarily to guide the 

Environmental Protection Agency 

(‘‘EPA’’ or ‘‘the Agency’’) in determining 

which sites warrant further 

investigation. These further 

investigations will allow EPA to assess 

the nature and extent of public health 

and environmental risks associated with 

the site and to determine what CERCLAfinanced remedial action(s), if any, may 

be appropriate. This rule adds nine sites 

to the NPL, all to the General Superfund 

Section. 

DATES: Effective Date: The effective date 

for this amendment to the NCP is April 

5, 2010. 

ADDRESSES: For addresses for the 

Headquarters and Regional dockets, as 

well as further details on what these 

dockets contain, see section II, 

‘‘Availability of Information to the 

Public’’ in the SUPPLEMENTARY

INFORMATION portion of this preamble. 

FOR FURTHER INFORMATION CONTACT: 

Terry Jeng, phone: (703) 603–8852, email: jeng.terry@epa.gov, Site 

Assessment and Remedy Decisions 

Branch; Assessment and Remediation 

Division; Office of Superfund 

Remediation and Technology 

Innovation (mail code 5204P); U.S. 

Environmental Protection Agency; 1200 

Pennsylvania Avenue, NW.; 

Washington, DC 20460; or the 

Superfund Hotline, phone (800) 424– 

9346 or (703) 412–9810 in the 

Washington, DC, metropolitan area. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

A. What Are CERCLA and SARA? 

B. What Is the NCP? 

C. What Is the National Priorities List 

(NPL)? 

D. How Are Sites Listed on the NPL? 

E. What Happens to Sites on the NPL? 

F. Does the NPL Define the Boundaries of 

Sites? 

G. How Are Sites Removed From the NPL? 

H. May EPA Delete Portions of Sites From 

the NPL as They Are Cleaned Up? 

I. What Is the Construction Completion List 

(CCL)? 


srobinson on DSKHWCL6B1PROD with RULES