Federal Register / Vol. 77, No. 245 / Thursday, December 20, 2012 / Rules and Regulations 75383 

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued 

State citation Title/subject 

State 

effective 

date 

EPA 

approval 

date 

Explanation 

[former SIP citation] 

*******

5–80–2140 ........ Exemptions .......................... 7/23/09 12/20/12 [Insert page number where the document begins].Revised. 

* * * * * * * 

5–80–2195 ........ Actions to combine permit 

terms and conditions.

7/23/09 12/20/12 [Insert page number where the document begins].New. 

5–80–2200 ........ Actions to change permits ... 7/23/09 12/20/12 [Insert page number where the document begins].Revised. 

5–80–2210 ........ Administrative permit 

amendments.

7/23/09 12/20/12 [Insert page number where the document begins].Revised. 

5–80–2220 ........ Minor permit amendments ... 7/23/09 12/20/12 [Insert page number where the document begins].Revised. 

5–80–2230 ........ Significant amendment procedures.7/23/09 12/20/12 [Insert page number where the document begins].Revised. 

5–80–2240 ........ Reopening for cause ........... 7/23/09 12/20/12 [Insert page number where the document begins].Revised. 

* * * * * * * 

* * * * * 

[FR Doc. 2012–30585 Filed 12–19–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0805; EPA–HQ– 

OAR–2009–0491; FRL–9763–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Infrastructure SIP Requirements for 

the 2006 PM2.5 NAAQS; Revisions to 

FIPs To Reduce Interstate Transport of 

PM2.5 and Ozone; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This document corrects errors 

in the codification of final rules 

published on July 13, 2011, August 8, 

2011, February 21, 2012, and October 

29, 2012. The July 13, 2011, and October 

29, 2012, actions pertain to State 

Implementation Plan (SIP) submissions 

by Illinois regarding the infrastructure 

requirements of the Clean Air Act (CAA) 

for the 1997 eight-hour ground level 

ozone national ambient air quality 

standards (NAAQS), the 1997 fine 

particle (PM2.5) NAAQS, and the 2006 

24-hour PM2.5 NAAQS. The August 8, 

2011, and February 21, 2012, actions 

pertain to Federal Implementation Plans 

(FIPs) to reduce interstate transport of 

PM2.5 and ozone. 

DATES: This correcting amendment is 

effective on December 20, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Christos Panos, Environmental 

Engineer, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, Region 5, Chicago, 

Illinois 60604, (312) 353–8328, or by 

email at panos.christos@epa.gov. 

SUPPLEMENTARY INFORMATION: On August 

8, 2011, (76 FR 48208), EPA published 

FIPs to reduce interstate transport of 

PM2.5 and ozone. It codified the 

regulation, ‘‘Interstate pollutant 

transport provisions; What are the FIP 

requirements for decreases in emissions 

of nitrogen oxides?’’, at 40 CFR 52.745. 

In so doing, EPA had not realized that 

this section had already been reserved 

by a previous rulemaking action, titled 

‘‘Section 110(a)(2) Infrastructure 

Requirements,’’ and created on July 13, 

2011, (76 FR 41075). EPA attempted to 

correct this error on February 21, 2012, 

(77 FR 10324). What resulted, however, 

is that the interstate pollutant transport 

provision disappeared entirely. 

We are now correcting this error by 

codifying the provision titled ‘‘Section 

110(a)(2) Infrastructure Requirements’’ 

at 40 CFR 52.745; and codifying the 

provision titled ‘‘Interstate pollutant 

transport provisions; What are the FIP 

requirements for decreases in emissions 

of nitrogen oxides?’’ at 40 CFR 52.731. 

As a result of this correction, the 

rulemaking action published on October 

29, 2012, (77 FR 65478) is now codified 

at 40 CFR 52.745. 

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 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 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). 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 


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75384 Federal Register / Vol. 77, No. 245 / Thursday, December 20, 2012 / Rules and Regulations 

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 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 

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 

December 20, 2012. 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 for Illinois 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: December 10, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, part 52, title 40, chapter I of 

the Code of the Federal Regulations is 

amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

§ 52.731 [Redesignated as § 52.745] 

■ 2. Redesignate § 52.731 as § 52.745. 

■ 3. A new § 52.731 is added to read as 

follows: 

§ 52.731 Interstate pollutant transport 

provisions; What are the FIP requirements 

for decreases in emissions of nitrogen 

oxides? 

(a)(1) The owner and operator of each 

source and each unit located in the State 

of Illinois and for which requirements 

are set forth under the TR NOX Annual 

Trading Program in subpart AAAAA of 

part 97 of this chapter must comply 

with such requirements. The obligation 

to comply with such requirements will 

be eliminated by the promulgation of an 

approval by the Administrator of a 

revision to Illinois’ State 

Implementation Plan (SIP) as correcting 

the SIP’s deficiency that is the basis for 

the TR Federal Implementation Plan 

under § 52.38(a), except to the extent the 

Administrator’s approval is partial or 

conditional. 

(2) Notwithstanding the provisions of 

paragraph (a)(1) of this section, if, at the 

time of the approval of Illinois’ SIP 

revision described in paragraph (a)(1) of 

this section, the Administrator has 

already started recording any allocations 

of TR NOX Annual allowances under 

subpart AAAAA of part 97 of this 

chapter to units in the State for a control 

period in any year, the provisions of 

subpart AAAAA of part 97 of this 

chapter authorizing the Administrator to 

complete the allocation and recordation 

of TR NOX Annual allowances to units 

in the State for each such control period 

shall continue to apply, unless provided 

otherwise by such approval of the 

State’s SIP revision. (b)(1) The owner 

and operator of each source and each 

unit located in the State of Illinois and 

for which requirements are set forth 

under the TR NOX Ozone Season 

Trading Program in subpart BBBBB of 

part 97 of this chapter must comply 

with such requirements. The obligation 

to comply with such requirements will 

be eliminated by the promulgation of an 

approval by the Administrator of a 

revision to Illinois’ State 

Implementation Plan (SIP) as correcting 

the SIP’s deficiency that is the basis for 

the TR Federal Implementation Plan 

under § 52.38(b), except to the extent 

the Administrator’s approval is partial 

or conditional. 

(2) Notwithstanding the provisions of 

paragraph (b)(1) of this section, if, at the 

time of the approval of Illinois’ SIP 

revision described in paragraph (b)(1) of 

this section, the Administrator has 

already started recording any allocations 

of TR NOX Ozone Season allowances 

under subpart BBBBB of part 97 of this 

chapter to units in the State for a control 

period in any year, the provisions of 

subpart BBBBB of part 97 of this chapter 

authorizing the Administrator to 

complete the allocation and recordation 

of TR NOX Ozone Season allowances to 

units in the State for each such control 

period shall continue to apply, unless 

provided otherwise by such approval of 

the State’s SIP revision. 

[FR Doc. 2012–30533 Filed 12–19–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2012–0537; FRL–9762–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Delaware County (Muncie), Indiana 

Ozone Maintenance Plan Revision to 

Approved Motor Vehicle Emissions 

Budgets 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 


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