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[Federal Register Volume 63, Number 105 (Tuesday, June 2, 1998)]
[Rules and Regulations]
[Page 29957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14290]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN82-2; FRL-6013-5]

Approval and Promulgation of Implementation Plans; Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

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SUMMARY: This document contains corrections to final rules which were 
published on June 26, 1997 and October 23, 1997. These revisions 
related to items listed as incorporated in the Indiana State 
Implementation Plan as part of the State's photochemical oxidant 
control strategy which is designated as Sec. 52.777 Control strategy: 
Photochemical oxidants (hydrocarbons), Subpart P--Indiana, part 52, 
chapter 1, title 40 of the Code of Federal Regulations.

EFFECTIVE DATE: June 2, 1998.

FOR FURTHER INFORMATION CONTACT: Randolph O. Cano at (312)886-6036.

SUPPLEMENTARY INFORMATION: On October 23, 1997 (62 FR 55173), when the 
United States Environmental Protection Agency (EPA) approved the 
addition of a 1-year extension of the ozone attainment date in the 
Indiana portion of the Louisville moderate ozone nonattainment area 
which consists of Clark and Floyd Counties, EPA erroneously codified 
its approval at 40 CFR 52.777(q). Paragraph (q) had already been 
utilized to codify EPA's June 26, 1997 (62 FR 34406), approval of an 
addition to the Indiana SIP in the form of a transportation control 
measure for Vanderburgh County.

Need for Correction

    This duplicate use of paragraph 52.777(q) makes citation to this 
paragraph confusing and unclear as well as imprecise. For this reason 
EPA is publishing this Technical Amendment to avoid further confusion.

Administrative Procedure Act

    This action will be effective immediately upon publication in the 
Federal Register pursuant to the Administrative Procedure Act, 5 U.S.C. 
533(d)(1) and (3)(APA) for good cause. This action which merely 
redesignates a paragraph used to codify EPA's approval of a one-year 
ozone attainment date extension for Clark and Floyd Counties in Indiana 
is too minor to be of interest to the general public. Holding a public 
comment period on this action is unnecessary. The thirty day delay of 
the effective date of this action generally required by the APA is 
unwarranted in that it does not serve the public interest to 
unnecessarily delay the effective date of this action.

Executive Order 12866

    Under Executive Order 12866, this action is not a ``significant 
regulatory action'' and is therefore not subject to review by the 
Office of Management and Budget. In addition this action does not 
impose annual costs of $100 million or more, will not significantly or 
uniquely affect small governments, and is not a significant Federal 
intergovernmental mandate. The EPA thus has no obligations under 
sections 202, 203, 204 and 205 of the Unfunded Mandates Reform Act. 
Moreover, since this action is not subject to notice-and-comment 
requirements under the APA or any other statute, it is not subject to 
sections 603 or 604 of the Regulatory Flexability Act.

Children's Health Protection

    This rule is not subject to E.O. 13045, entitled ``Protection of 
Children from Environmental Health Risks and Safety Risks (62 FR 19885, 
April 23, 1997), because it does not involve decisions on environmental 
health risks or safety risks that may disproportionately affect 
children.

Submission to Congress and the General Accounting Office

    Under section 801(a)(1)(A) of the Administrative Procedure Act 
(APA) as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, EPA submitted 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 General Accounting 
Office prior to publication of the rule in this Federal Register. This 
rule is not a ``major rule'' as defined by section 804(2) of the APA as 
amended.

List of Subjects in 40 CFR Part 52

    Environmental Protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Ozone, Transportation control measure.

    Dated: April 29, 1998.
Barry C. DeGraff,
Acting Regional Administrator.

    Accordingly, part 52, chapter I, title 40 of the Code of Federal 
Regulations is corrected by making the following Technical Amendment:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 452 U.S.C. 7401 et seq.

Subpart P--Indiana

    2. Section 52.777 is amended by redesignating the second 
paragraph(q) as (r).

[FR Doc. 98-14290 Filed 6-1-98; 8:45 am]
BILLING CODE 6560-50-P
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