Federal Register / Vol. 72, No. 11 / Thursday, January 18, 2007 / Rules and Regulations 2197 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2006–0797; FRL–8269–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This document corrects an 

error in the Incorporation by Reference 

Section in a final rule pertaining to the 

May 17, 1999, approval of the State of 

Wisconsin’s Prevention of Significant 

Deterioration (PSD) rules. That 

rulemaking erroneously incorporated by 

reference a section of the Wisconsin 

Administrative Code dealing with the 

state’s hazardous pollutants rule. That 

section of the rule was not included in 

the state’s request for SIP approval of its 

PSD rules. EPA, therefore, is removing 

this provision from the SIP. 

DATES: Effective Date: This final rule is 

effective on January 18, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Susan Siepkowski, Environmental 

Engineer, Air Permits Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–2654, 

siepkowski.susan@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA 

published a document on May 27, 1999, 

(64 FR 28745) approving Wisconsin’s 

PSD rules into the SIP. In this approval 

EPA erroneously incorporated by 

reference into 40 CFR part 52, subpart 

YY (§ 52.2570(c)(98)(i)), Section NR 

445m of the Wisconsin Administrative 

Code. No provisions in Section NR 445 

were requested for SIP approval in 

Wisconsin’s November 6, 1996, SIP 

submittal for approval of its PSD 

program. Further, NR 445m is a 

typographical error, as NR 445m does 

not exist in the Wisconsin 

Administrative Code. Therefore, the 

reference under § 52.2570(c)(98)(i) to NR 

445m, as well as any implied reference 

to NR 445 is being removed. 

Correction 

In the final rule published in the 

Federal Register on May 27, 1999 (64 

FR 28745), on page 28747 in the third 

column, last paragraph, ‘‘AM–9–95 

modifies Chapter NR, Sections 30.03, 

30.04, 400 Note, 400.02, 400.03, 401.04, 

404.06, 405.01, 405.02, 405.04, 405.05, 

405.07, 405.08, 405.10, 406, 407, 408, 

409, 411, 415, 417, 418, 419, 420, 421, 

422, 423, 424, 425, 426, 429, 436, 438, 

439, 445m, 447 * * *’’ is corrected to 

read: ‘‘AM–9–95 modifies Chapter NR, 

Sections 30.03, 30.04, 400 Note, 400.02, 

400.03, 401.04, 404.06, 405.01, 405.02, 

405.04, 405.05, 405.07, 405.08, 405.10, 

406, 407, 408, 409, 411, 415, 417, 418, 

419, 420, 421, 422, 423, 424, 425, 426, 

429, 436, 438, 439, 447 * * *’’. 

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 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 

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 

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 January 

18, 2007. 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 Wisconsin is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 


jlentini on PROD1PC65 with RULES
2198 Federal Register / Vol. 72, No. 11 / Thursday, January 18, 2007 / Rules and Regulations 

Dated: December 29, 2006. 

Gary Gulezian, 

Acting Regional Administrator, Region 5. 

List of Subjects in 40 CFR Part 52 

Air pollution control, Carbon 

monoxide, Particulate matter, Reporting 

and recordkeeping requirements. 

■ Part 52 of chapter I, title 40, Code of 

Federal Regulations, 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 YY—Wisconsin 

■ 2. Section 52.2570 is amended by 

revising paragraph (c)(98) to read as 

follows: 

§ 52.2570 Identification of plan. 

* * * * * 

(c) * * * 

(98) On November 6, 1996, the State 

of Wisconsin submitted rules pertaining 

to requirements under the Prevention of 

Significant Deterioration program. 

Wisconsin also submitted rule packages 

as revisions to the state implementation 

plans for particulate matter and 

revisions to the state implementation 

plans for clarification changes. 

(i) Incorporated by reference. The 

following sections of the Wisconsin 

Administrative Code (WAC) are 

incorporated by reference. Both rule 

packages, AM–27–94 and AM–9–95, 

were published in the (Wisconsin) 

Register in April 1995, No. 472, and 

became effective May 1, 1995. AM–27–

94 modifies Chapter NR, Sections 

400.02(39m), 404.05, 405.02, 405.07, 

405.08, 405.10, 405.14, and 484.04 of 

the WAC. AM–9–95 modifies Chapter 

NR, Sections 30.03, 30.04, 400 Note, 

400.02, 400.03, 401.04, 404.06, 405.01, 

405.02, 405.04, 405.05, 405.07, 405.08, 

405.10, 406, 407, 408, 409, 411, 415, 

417, 418, 419, 420, 421, 422, 423, 424, 

425, 426, 429, 436, 438, 439, 447, 448, 

449, 484, 485, 488, 493, and 499 of the 

WAC. 

* * * * * 

[FR Doc. E7–521 Filed 1–17–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1989–0008; FRL–8268–6] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final notice of deletion of 

the Berkley Products Company Dump 

Superfund Site from the National 

Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region III is publishing a 

direct final notice of deletion for 

Berkley Products Company Dump 

Superfund Site (Site), located in West 

Cocalico Township, Lancaster County, 

Pennsylvania from the National 

Priorities List (NPL). 

The NPL constitutes Appendix B of 

40 CFR Part 300, which is the National 

Oil and Hazardous Substances Pollution 

Contingency Plan (NCP), which EPA 

promulgated pursuant to Section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA). This direct final deletion 

is being published by EPA with 

concurrence of the Commonwealth of 

Pennsylvania, through the Pennsylvania 

Department of Environmental Protection 

(PADEP) because EPA has determined 

that all appropriate response actions 

under CERCLA, other than operation 

and maintenance and five-year reviews, 

have been implemented to protect 

human health, welfare and the 

environment. However, this deletion 

does not preclude future actions under 

Superfund. 

DATES: This direct final deletion will be 

effective March 19, 2007 unless EPA 

receives adverse comments by February 

20, 2007. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final deletion 

in the Federal Register informing the 

public that the deletion will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ–

SFUND–1989–0008, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instruction for submitting 

comments. 

• Email: schrock.roy@epa.gov. 

• Fax: 215–814–3002 

• Mail: Mr. Roy Schrock, Remedial 

Project Manager (3HS22), U.S. EPA, 

Region 3, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103–

2029. 

• Hand Delivery: 1650 Arch Street, 

Philadelphia, Pennsylvania 19103–

2029. Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–SFUND–1989–

0008. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through www.regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the EPA’s Region III, Regional Center for 

Environmental Information (RCEI) 2nd 

floor, 1650 Arch Street, Philadelphia, 

Pennsylvania, 19103–1029, (215) 814–

5254 or (800) 553–2509, Monday 

through Friday 8 a.m. to 5 p.m. 

excluding legal holidays and at the West 

Cocalico Township Municipal Building, 

156B West Main, West Cocalico 

Township, Reinholds, Pennsylvania 


jlentini on PROD1PC65 with RULES