ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 

### 52

Approval and Promulgation of Implementation Plans; South Carolina;Approval of Section 1lO(a)(l) MaintenancePlan for the 1997 8-Hour Ozone Standard for CherokeeCounty; Correcting Amendment



### AGENCY: Environmental Protection Agency (EPA). 

### ACTION: Final rule; Correcting Amendment.



### SUMMARY: On June 1,2009, EPA published a direct final rule approvingthe Clean Air Act (CAA) Section 110(a)(l)MaintenancePlan for the 1997 8-hour ozone standard for Cherokee County as a revision to the South Carolina State ImplementationPlan (SIP). In EPA's direct final rule, there was an inadvertenterror in the format of the Cherokee County entry in table (e) which contains South Carolina's Non-Regulatory Provision in the Code of Federal Regulations. This action corrects that formatting error.



### DATES: This actionis effective [Insert date of publication in the Federal Registerl.



### ADDRESSES: Copies of the documentation used in the actionbeing corrected are available for inspection during normal business hours at the followinglocation: U.S. Environmental Protection Agency, Region4,61Forsyth Street, SW, Atlanta, Georgia 30303-8960. TheRegional Office's officialhours of business are Monday through Friday, 8:30 to 4:30, excluding federalholidays.



### FOR FURTHER INFORMATION CONTACT: Zuri Farngalo, RegulatoryDevelopment Section,Air Planning Branch, 

### Air, Pesticides and ToxicsManagementDivision, U.S. Environmental Protection Agency, Region4,61 Forsyth Street, SW, Atlanta, Georgia 30303- 8960. 

### Mr. Farngalo's telephone number is 404-562-9 152. He can also be reached via electronic mail at farng;alo.zuri@epa.~ov.



### SUPPLEMENTARY INFORMATION: EPA is making a correctionto the CherokeeCounty CAA 110(a)(l)Maintenance Plan entry that appears in table (e), of the South Carolina Non-Regulatory provisions section at 40 CFR 52.2120(e). This revision to South Carolina's SIPwas published in the Federal Register on June 1,2009(74FR 26099), effective August 1,2009. However, when the direct final rule approving this SIPrevision was published, table (e) did not include the correct table format. EPA is correcting this inadvertent error by inserting the correctly formatted table (e) into South Carolina's Identificationof Plan section of the Code of Federal Regulations at 40 CFR

EPA has determined that today's action falls under the "good cause" exemptionin section 553(b)(3)(B) of the Administrative Procedure Act (MA)which, upon finding "good cause," authorizes agencies to dispensewith 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 correct a 2formattingerror in the Code of Federal Regulations has no substantive impact on EPA's June 1, 2009, approval of this regulation. The incorrectly formatted text in table (e) in EPA's final rule published on June 1,2009,makes no substantive difference to EPA's analysis as set out in that rule. 

### In addition,EPA can identify no particular reason why the public would be interested in being notified of the correctionof this revision, or in having the opportunity to comment on the formatting correctionprior to this action being finalized, since this formatting correctionaction does not changethe meaning of the regulation at issue or otherwisechange EPA's analysis of South Carolina's submittal (74 

### FR 26099). EPA also finds that there is good causeunder APA section 553(d)(3) for this formatting 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 otherwiseprovided 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 preparebefore 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 of omission in the regulatory text of a prior rule by adding a correctlyformatted table (e) for the South Carolina regulation which EPA approved on June 1,2009. For these reasons, EPA finds good cause under APA section 553(d)(3)for this correction to become effectiveon the date of publication of this action.


### Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations 42 U.S.C. 7410(k); 40 

### CFR 3U.S.C. 7410(k);40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by statelaw. For that reason, this action: is not a "significant regulatory action" subject to review by the Office of Management and Budget under ExecutiveOrder 12866 (58 FR 51735, October 4, 1993); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entitiesunder the Regulatory FlexibilityAct (5 U.S.C. 601 etseq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfuncted Mandates Reform Act of 1995 (PublicLaw 104-4); does not have Federalism implications as specified in ExecutiveOrder 13132(64 

### FR 43255, August 10,1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 

### FR 19885,April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22,2001); is not subject to requirements of Section 12(d)of the National Technology Transfer and AdvancementAct of 1995 (15 U.S.C. 272 note) because application ofthose requirements would be inconsistent with the CAA; anddoes not provide EPA with the discretionaryauthority to address, as appropriate, disproportionatehuman health or environmental effects,using practicable and legally permissible methods, under Executive Order 12898 (59

### FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 

### FR 67249, November 9,2000),because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 

### 5 U.S.C. 801 et seq., as addedby 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 containingthis action and otherrequired informationto the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United Statesprior 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. 

### 804(2).Under section 307(b)(l)of the CAA, petitions forjudicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by [FEDERAL REGISTER OFFICE: insert date 

### 60 davs from date of ~ublication of this document in the Federal Register]. Filing a petition for reconsiderationby the Administrator of this final rule does not affect the finality of this action for the purposes ofjudicial review nor does it extend the time within which

### a petition forjudicial review may be filed, and shall not postpone the effectivenessof such rule or action. This actionmay not be challenged later in 

### proceedings to enforce its requirements (See section 307(b)(2)).

### List of Subjects

### in 40 

### CFR Part 52 

### Environmental protection,Air pollutioncontrol, Intergovernmentalrelations, Incorporated

### by reference,Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

Dated: 121

### 1'1

# ) 09 12/14/09 

## & J. Scott Gordon



### Acting Regional Administrator, Region 4.

### 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. 

### SubpartPP

## -South Carolina 2. 

### Section 52.2120(e)is amended by adding a new entry for the "Cherokee County 8-Hour Ozone Section 110(a)(l)Maintenance Plan for the 1997 8-hour ozone standard" to read as follows: 

### g 52.2120 Identification of plan. 

## * * 

## * * (e) 

## * * * EPA approved South CarolinaNon-Regulatory Provisions Provision 

# I

* 

## * Cherokee County 110(a)(l) MaintenancePlan for the 1997 8-Hour Ozone Standard State Effective date EPA approval date 

## * * June 1,2009 (

### FR 12546) [Insert citation of publication] Explanation