47530 Federal Register / Vol. 77, No. 154 / Thursday, August 9, 2012 / Rules and Regulations 

bone, ivory, whalebone, shell, amber, 

mother-of-pearl, meerschaum and 

substitutes for all these materials, or of 

plastics. 

21. Household or kitchen utensils and 

containers; combs and sponges; brushes 

(except paint brushes); brush-making 

materials; articles for cleaning purposes; 

steelwool; unworked or semi-worked 

glass (except glass used in building); 

glassware, porcelain and earthenware 

not included in other classes. 

22. Ropes, string, nets, tents, awnings, 

tarpaulins, sails, sacks and bags (not 

included in other classes); padding and 

stuffing materials (except of rubber or 

plastics); raw fibrous textile materials. 

23. Yarns and threads, for textile use. 

24. Textiles and textile goods, not 

included in other classes; bed covers; 

table covers. 

25. Clothing, footwear, headgear. 

26. Lace and embroidery, ribbons and 

braid; buttons, hooks and eyes, pins and 

needles; artificial flowers. 

27. Carpets, rugs, mats and matting, 

linoleum and other materials for 

covering existing floors; wall hangings 

(non-textile). 

28. Games and playthings; gymnastic 

and sporting articles not included in 

other classes; decorations for Christmas 

trees. 

29. Meat, fish, poultry and game; meat 

extracts; preserved, frozen, dried and 

cooked fruits and vegetables; jellies, 

jams, compotes; eggs; milk and milk 

products; edible oils and fats. 

30. Coffee, tea, cocoa and artificial 

coffee; rice; tapioca and sago; flour and 

preparations made from cereals; bread, 

pastry and confectionery; ices; sugar, 

honey, treacle; yeast, baking-powder; 

salt; mustard; vinegar, sauces 

(condiments); spices; ice. 

31. Grains and agricultural, 

horticultural and forestry products not 

included in other classes; live animals; 

fresh fruits and vegetables; seeds, 

natural plants and flowers; foodstuffs 

for animals, malt. 

32. Beers; mineral and aerated waters 

and other non-alcoholic beverages; fruit 

beverages and fruit juices; syrups and 

other preparations for making beverages. 

33. Alcoholic beverages (except 

beers). 

34. Tobacco; smokers’ articles; 

matches. 

Services 

35. Advertising; business 

management; business administration; 

office functions. 

36. Insurance; financial affairs; 

monetary affairs; real estate affairs. 

37. Building construction; repair; 

installation services. 

38. Telecommunications. 

39. Transport; packaging and storage 

of goods; travel arrangement. 

40. Treatment of materials. 

41. Education; providing of training; 

entertainment; sporting and cultural 

activities. 

42. Scientific and technological 

services and research and design 

relating thereto; industrial analysis and 

research services; design and 

development of computer hardware and 

software. 

43. Services for providing food and 

drink; temporary accommodation. 

44. Medical services; veterinary 

services; hygienic and beauty care for 

human beings or animals; agriculture, 

horticulture and forestry services. 

45. Legal services; security services 

for the protection of property and 

individuals; personal and social services 

rendered by others to meet the needs of 

individuals. 

Dated: August 3, 2012. 

David J. Kappos, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. 2012–19568 Filed 8–8–12; 8:45 am] 

BILLING CODE 3510–16–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0228; FRL–9711–1] 

Approval and Promulgation of State 

Implementation Plans; Hawaii; 

Infrastructure Requirements for the 

1997 8-Hour Ozone and the 1997 and 

2006 Fine Particulate Matter National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving in part and 

disapproving in part a State 

Implementation Plan (SIP) revision 

submitted by the state of Hawaii 

pursuant to the requirements of Section 

110(a)(1) and (2) of the Clean Air Act 

(CAA) for the 1997 8-hour ozone 

national ambient air quality standards 

(NAAQS) and the 1997 and 2006 

NAAQS for fine particulate matter 

(PM2.5). 

DATES: Effective Date: This final rule is 

effective on October 9, 2012. 

ADDRESSES: EPA has established a 

docket for this action, identified by 

Docket ID Number EPA–R09–OAR– 

2012–0228. The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed directly 

below. 

FOR FURTHER INFORMATION CONTACT: 

Dawn Richmond, Air Planning Office 

(AIR–2), U.S. Environmental Protection 

Agency, Region IX, (415) 972–3207, 

richmond.dawn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background 

On April 12, 2012 (77 FR 21913), EPA 

proposed to approve in part and 

disapprove in part a SIP revision 

submitted by Hawaii Department of 

Health (HDOH) on December 14, 2011 to 

address the infrastructure requirements 

of CAA section 110(a)(2) for the 1997 8- 

hour ozone NAAQS and the 1997 and 

2006 NAAQS for PM2.5 (‘‘2011 Hawaii 

Infrastructure SIP’’). The rationale 

supporting EPA’s action, including the 

scope of infrastructure SIPs in general, 

is explained in that Notice of Proposed 

Rulemaking (NPR) and the associated 

technical support document (TSD) and 

will not be restated here. The TSD is 

available online at http:// 

www.regulations.gov, Docket ID number 

EPA–R09–OAR–2012–0228. No public 

comments were received on the NPR. 

II. Final Action 

EPA is approving in part and 

disapproving in part the 2011 Hawaii 

Infrastructure SIP. EPA is approving the 

2011 Hawaii Infrastructure SIP with 

respect to the following requirements: 

• Section 110(a)(2)(A): Emission 

limits and other control measures. 

• Section 110(a)(2)(B): Ambient air 

quality monitoring/data system. 

• Section 110(a)(2)(C) (in part): 

Program for enforcement of control 

measures and regulation of new 

stationary sources (minor New Source 

Review (NSR) program only). 

• Section 110(a)(2)(D)(i)(I): Interstate 

transport (significant contribution and 

interference with maintenance). 

• Section 110(a)(2)(E): Adequate 

resources and authority, conflict of 

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Federal Register / Vol. 77, No. 154 / Thursday, August 9, 2012 / Rules and Regulations 47531 

1See 40 CFR 52.632. 

2See 40 CFR 52.633 (reasonably attributable 

visibility impairment) and 74 FR 2392 (January 15, 

2009) (regional haze). 

3See Consent Decree entered March 30, 2012 in 

National Parks Conservation Association v. 

Jackson, Case 1:11–cv–01548–ABJ (D.D.C.). We 

have placed a copy of the consent decree in the 

docket for this action. 

interest, and oversight of local 

governments and regional agencies. 

• Section 110(a)(2)(F): Stationary 

source monitoring and reporting. 

• Section 110(a)(2)(G): Emergency 

episodes. 

• Section 110(a)(2)(H): SIP revisions. 

• Section 110(a)(2)(J) (in part): Public 

notification. 

• Section 110(a)(2)(K): Air quality 

modeling and submission of modeling 

data. 

• Section 110(a)(2)(L): Permitting 

fees. 

• Section 110(a)(2)(M): Consultation/ 

participation by affected local entities. 

In addition, we are approving into the 

SIP as non-regulatory materials the 

statutory provisions that HDOH 

included as part of the 2011 Hawaii 

Infrastructure SIP. 

We are disapproving the 2011 Hawaii 

Infrastructure SIP with respect to the 

following infrastructure SIP 

requirements: 

• Section 110(a)(2)(C) (in part): 

Program for enforcement of control 

measures and regulation of new 

stationary sources (permit program as 

required in part C of title I of the Act). 

• Section 110(a)(2)(D)(i)(II): Interstate 

transport—prevention of significant 

deterioration and visibility protection. 

• Section 110(a)(2)(D)(ii): Interstate 

pollution abatement and international 

air pollution. 

• Section 110(a)(2)(J) (in part): 

Consultation with government officials 

and Prevention of Significant 

Deterioration (PSD). 

As explained in the NPR and TSD, 

our disapproval of these elements and 

sub-elements is compelled by the 

absence of an approvable SIP revision 

from Hawaii that meets the PSD 

requirements of sections 160 through 

165 of the CAA.1 In addition, our 

disapproval of Section 110(a)(2)(D)(i)(II) 

is compelled by the lack of approvable 

SIP revisions to address reasonably 

attributable visibility impairment 

(RAVI) and regional haze affecting 

mandatory Class I areas.2 Under section 

179(a) of the CAA, final disapproval of 

a submittal that addresses a requirement 

of part D, title I of the CAA (CAA 

sections 171–193) or is required in 

response to a finding of substantial 

inadequacy as described in CAA section 

110(k)(5) (SIP Call) starts a sanctions 

clock. The 2011 Hawaii Infrastructure 

SIP was not submitted to meet either of 

these requirements. Therefore, this 

action does not trigger sanctions. 

In addition, these deficiencies have 

previously been addressed through 

promulgation of a PSD federal 

implementation plan (FIP) (43 FR 

26410, June 19, 1978, as amended at 45 

FR 52741, August 7, 1980; 68 FR 11322, 

March 10, 2003; 68 FR 74488, December 

24, 2003) and a FIP addressing RAVI (50 

FR 28553, July 12, 1985, as amended at 

52 FR 45137, November 24, 1987). EPA 

has proposed a FIP to address regional 

haze in Hawaii (77 FR 31692, May 29, 

2012) and is required to take final action 

on this FIP (or fully approve a Regional 

Haze SIP) by September 15, 2012.3

Therefore, this disapproval does not 

trigger any new FIP obligations. 

As explained in the NPR, this action 

does not address section 110(a)(2)(C) to 

the extent it refers to permit programs 

required under part D (nonattainment 

NSR), or section 110(a)(2)(I), which 

pertains to the nonattainment planning 

requirements of part D of Title I of the 

CAA. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866, Regulatory 

Planning and Review 

The Office of Management and Budget 

(OMB) has exempted this regulatory 

action from Executive Order 12866, 

entitled ‘‘Regulatory Planning and 

Review.’’ 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to conduct 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements unless the 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

Small entities include small businesses, 

small not-for-profit enterprises, and 

small governmental jurisdictions. 

This rule will not have a significant 

impact on a substantial number of small 

entities because SIP approvals and 

partial approvals/partial disapprovals 

under section 110 and subchapter I, part 

D of the Clean Air Act do not create any 

new requirements but simply approve 

requirements that the State is already 

imposing. Therefore, because this 

partial approval/partial disapproval 

action does not create any new 

requirements, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. 

Moreover, due to the nature of the 

Federal-State relationship under the 

Clean Air Act, preparation of flexibility 

analysis would constitute Federal 

inquiry into the economic 

reasonableness of State action. The 

Clean Air Act forbids EPA to base its 

actions concerning SIPs on such 

grounds. Union Electric Co. v. U.S. EPA, 

427 U.S. 246, 255–66 (1976); 42 U.S.C. 

7410(a)(2). 

D. Unfunded Mandates Reform Act 

Under section 202 of the Unfunded 

Mandates Reform Act of 1995 

(‘‘Unfunded Mandates Act’’), signed 

into law on March 22, 1995, EPA must 

prepare a budgetary impact statement to 

accompany any proposed or final rule 

that includes a Federal mandate that 

may result in estimated costs to State, 

local, or tribal governments in the 

aggregate; or to the private sector, of 

$100 million or more. Under section 

205, EPA must select the most costeffective and least burdensome 

alternative that achieves the objectives 

of the rule and is consistent with 

statutory requirements. Section 203 

requires EPA to establish a plan for 

informing and advising any small 

governments that may be significantly 

or uniquely impacted by the rule. 

EPA has determined that the partial 

approval/partial disapproval action 

promulgated does not include a Federal 

mandate that may result in estimated 

costs of $100 million or more to either 

State, local, or tribal governments in the 

aggregate, or to the private sector. This 

Federal action approves pre-existing 

requirements under State or local law, 

and imposes no new requirements. 

Accordingly, no additional costs to 

State, local, or tribal governments, or to 

the private sector, result from this 

action. 

E. Executive Order 13132, Federalism 

Executive Order 13132, Federalism 

(64 FR 43255, August 10, 1999) revokes 

and replaces Executive Orders 12612 

(Federalism) and 12875 (Enhancing the 

Intergovernmental Partnership). 

Executive Order 13132 requires EPA to 

develop an accountable process to 

ensure ‘‘meaningful and timely input by 

State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

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47532 Federal Register / Vol. 77, No. 154 / Thursday, August 9, 2012 / Rules and Regulations 

that have federalism implications’’ is 

defined in the Executive Order to 

include regulations that 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.’’ Under Executive 

Order 13132, EPA may not issue a 

regulation that has federalism 

implications, that imposes substantial 

direct compliance costs, and that is not 

required by statute, unless the Federal 

government provides the funds 

necessary to pay the direct compliance 

costs incurred by State and local 

governments, or EPA consults with 

State and local officials early in the 

process of developing the proposed 

regulation. EPA also may not issue a 

regulation that has federalism 

implications and that preempts State 

law unless the Agency consults with 

State and local officials early in the 

process of developing the proposed 

regulation. 

This rule 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 government, as specified in 

Executive Order 13132, because it 

merely approves a State rule 

implementing a Federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act. Thus, the requirements of 

section 6 of the Executive Order do not 

apply to this rule. 

F. Executive Order 13175, Coordination 

With Indian Tribal Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This final rule does not 

have tribal implications, as specified in 

Executive Order 13175. It will not have 

substantial direct effects on tribal 

governments, 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. 

Thus, Executive Order 13175 does not 

apply to this rule. 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This rule is not subject to 

Executive Order 13045, because it 

approves a State rule implementing a 

Federal standard. 

H. Executive Order 13211, Actions that 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12 of the National Technology 

Transfer and Advancement Act 

(NTTAA) of 1995 requires Federal 

agencies to evaluate existing technical 

standards when developing a new 

regulation. To comply with NTTAA, 

EPA must consider and use ‘‘voluntary 

consensus standards’’ (VCS) if available 

and applicable when developing 

programs and policies unless doing so 

would be inconsistent with applicable 

law or otherwise impractical. 

The EPA believes that VCS are 

inapplicable to this action. Today’s 

action does not require the public to 

perform activities conducive to the use 

of VCS. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA lacks the discretionary authority 

to address environmental justice in this 

rulemaking. In reviewing SIP 

submissions, EPA’s role is to approve or 

disapprove state choices, based on the 

criteria of the Clean Air Act. 

Accordingly, this action merely 

approves certain State requirements for 

inclusion into the SIP under CAA 

section 110 and subchapter I, part D and 

disapproves others, and will not in-andof itself create any new requirements. 

Accordingly, it does not provide EPA 

with the discretionary authority to 

address, as appropriate, 

disproportionate human health or 

environmental effects, using practicable 

and legally permissible methods, under 

Executive Order 12898. 

K. Congressional Review Act 

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). This 

rule will be effective on October 9, 2012. 

L. Petitions for Judicial Review 

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

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 9, 2012. 

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 section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Oxides of nitrogen, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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Federal Register / Vol. 77, No. 154 / Thursday, August 9, 2012 / Rules and Regulations 47533 

Dated: July 26, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Therefore, 40 CFR part 52 is amended 

as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for 40 CFR 

Part 52 continues to read as follows: 

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

Subpart M—Hawaii 

■ 2. Amend § 52.620, the table in 

paragraph (e) by adding an entry at the 

end of the table for Hawaii 

Infrastructure State Implementation 

Plan Revision 1997 Ozone, and 1997 

and 2006 Fine Particulate Matter (PM2.5) 

National Ambient Air Quality 

Standards. The added text reads as 

follows: 

§ 52.620 Identification of plan. 

* * * * * 

(e) EPA Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures. 

EPA-APPROVED HAWAII NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Name of SIP revision 

Applicable geographic or nonattainment area State 

submittal 

date 

EPA approval date Explanation 

*******

Hawaii Infrastructure State Implementation Plan Revision 1997 

Ozone, and 1997 and 2006 

Fine Particulate Matter (PM2.5) 

National Ambient Air Quality 

Standards.

Statewide ......... 12/14/12 .. 8/9/12, [Insert page 

number where the 

document begins].

Excluding all regulations included in the submission, as these were already addressed in separate actions as listed in table (c) above. This 

action addresses the following CAA elements 

or portions thereof: 110(a)(2)(A), (B), (C), 

(D)(i)(I), (E), (F), (G), (H), (J), (K), (L), and (M). 

[FR Doc. 2012–19301 Filed 8–8–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2011–0956; FRL–9696–2] 

Determination of Failure To Attain the 

One-Hour Ozone Standard by 2007, 

Determination of Current Attainment of 

the One-Hour Ozone Standard, 

Determinations of Attainment of the 

1997 Eight-Hour Ozone Standards for 

the New York-Northern New JerseyLong Island Nonattainment Area in 

Connecticut, New Jersey and New 

York 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical correction. 

SUMMARY: This document corrects an 

error in the regulatory language of a 

final rule pertaining to Clean Data 

determinations for the State of New 

Jersey published June 18, 2012. The 

action announced our approval of four 

separate and independent 

determinations related to the New YorkNorthern New Jersey-Long Island (NY– 

NJ–CT) one-hour and 1997 eight-hour 

ozone nonattainment areas. This action 

corrects erroneous paragraph 

designations in the June 18, 2012 final 

rule. 

DATES: This correction is effective on 

August 9, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2011–0956. All 

documents in the docket are listed on 

the www.regulations.gov web site. 

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, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region II Office, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866. This Docket 

Facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The Docket telephone 

number is 212–637–4249. 

FOR FURTHER INFORMATION CONTACT: Paul 

Truchan, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10278, (212) 637–4249. 

SUPPLEMENTARY INFORMATION: On June 

18, 2012, 77 FR 36163, EPA published 

a final rulemaking action announcing 

our approval of four separate and 

independent determinations related to 

the New York-Northern New JerseyLong Island (NY–NJ–CT) one-hour and 

1997 eight-hour ozone nonattainment 

areas. In that document, § 52.1576 of 

title 40 of the Code of Federal 

Regulations (CFR) was amended, but the 

amendatory instructions inadvertently 

designated an existing paragraph 

incorrectly as (a) and incorrectly 

reserved paragraph (b). The intent of the 

rule was to retain the amendments as 

promulgated on May 16, 2012, 77 FR 

28782 and add two new paragraphs (c) 

and (d) pursuant to the June 18, 2012, 

77 FR 36163. This action corrects the 

erroneous paragraph designations. For 

the convenience of the reader, and to 

ensure it reads correctly, the entire 

§ 52.1576 is set out in the regulatory text 

of this document. 

Section 553 of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(3)(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)(3)(B). 

Statutory and Executive Order Reviews 

Under the Clean Air Act, 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 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

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