Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 69455 

INDIANA OZONE

[8-Hour standard] 

Designated area 

Designationa Classification 

Date1 Type Date1 Type 

* * * * * * * 

Muncie, IN: ..............................................................................

Delaware County .....................................................................

1/3/06 Attainment .............................. ........................ ........................

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is June 15, 2004, unless otherwise noted. 

[FR Doc. 05–22696 Filed 11–15–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[VA139–5073a; FRL–7997–6] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants, 

Commonwealth of Virginia; Control of 

Emissions From Hospital/Medical/ 

Infectious Waste Incinerator Units; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule; correcting 

amendment. 

SUMMARY: This document corrects an 

error in the rule Summary language of 

a final rule pertaining to EPA’s approval 

of the Commonwealth of Virginia 

hospital/medical/infectious waste 

incinerator (HMIWI) section 111(d)/129 

plan submitted by the Virginia 

Department of Environmental Quality 

(DEQ). 

DATES: Effective November 16, 2005. 

FOR FURTHER INFORMATION CONTACT: 

James B. Topsale, at (215) 814–2190 or 

by e-mail at 

topsale.jim@epamail.epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ or ‘‘our’’ are used we mean EPA. 

On September 10, 2004 (69 FR 54753), 

we published a final rulemaking action 

announcing our approval of the 

Commonwealth of Virginia hospital/ 

medical/infectious waste incinerator 

(HMIWI) section 111(d)/129 plan. In 

that document, we inadvertently 

included language relating to 

commercial and industrial solid waste 

incinerator units in the rule Summary. 

The intent of the rule Summary was to 

briefly describe the applicability and 

scope of the rule. This action corrects 

the erroneous language. 

In rule document 04–20429 published 

in the Federal Register on September 

10, 2004 (69 FR 54753), on page 54753 

of the Summary, first column, revise the 

third sentence to read, ‘‘The plan 

establishes emission limits, monitoring, 

operating, and recordkeeping 

requirements for HMIWI units for which 

construction commenced on or before 

June 20, 1996.’’ This revision is 

consistent with the promulgated 

Identification of Sources Provision, 

section 62.11626, of the noted rule and 

the related emissions guidelines under 

40 CFR part 60, subpart Ce. 

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 Fed. Reg. 

28355 (May 22, 2001)). Because the 

agency has made a ‘‘good cause’’ finding 

that this action is not subject to noticeand-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 

69456 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 

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 

November 16, 2005. 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 

the rule Summary (VA139–5073a) for 

Virginia is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Aluminum, 

Fertilizers, Fluoride, Intergovernmental 

relations, Paper and paper products 

industry, Phosphate, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Sulfur acid plants, Waste 

treatment and disposal. 

Dated: November 8, 2005. 

Donald S. Welsh, 

Regional Administrator, EPA Region III. 

[FR Doc. 05–22701 Filed 11–15–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[OPP–2004–0326; FRL–7741–7] 

S-metolachlor; Pesticide Tolerance 

Technical Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical correction. 

SUMMARY: EPA issued a final rule in the 

Federal Register of August 31, 2005 

concerning regulations establishing 

tolerances for combined residues (free 

and bound) of S-metolachlor in or on 

certain commodities as set forth in Unit 

II. of the SUPPLEMENTARY INFORMATION of 

that document. This document is being 

issued to correct errors in the 

amendatory language and amendments. 

DATES: This final rule is effective on 

August 31, 2005. 

ADDRESSES: Follow the detailed 

instructions as provided under 

ADDRESSES in the Federal Register final 

rule of August 31, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Sidney Jackson, Registration Division 

(7505C), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7610; e-mail address: 

jackson.sidney@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

Please refer to the final rule that 

published on August 31, 2005 for 

general information about potentially 

affected entities and accessing this 

document electronically. 

II. What Does This Correction Do? 

EPA published in the Federal 

Register of August 31, 2005 (70 FR 

51628) (FRL–7716–1) regulations 

establishing tolerances for combined 

residues of S-metoclachlor in or on 

certain commodities as set forth in Unit 

II of the SUPPLEMENTARY INFORMATION of 

that document. Portions of the 

regulatory amendments and the 

regulatory text were set out incorrectly. 

This document is being published to 

correct those errors. 

III. Why Is This Correction Issued as a 

Final Rule? 

Section 553 of the Administrative 

Procedure Act (APA), 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 final 

rule without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making today’s technical correction 

final without prior proposal and 

opportunity for comment, because the 

use of notice and comment procedures 

are unnecessary to effectuate this 

correction. As such, EPA finds that this 

constitutes good cause under 5 U.S.C. 

553(b)(B). 

IV. Do Any of the Statutory and 

Executive Order Reviews Apply to This 

Action? 

No. This action only corrects errors in 

the amendatory language for a 

previously published final rule and does 

not impose any new requirements. 

EPA’s compliance with the statutes and 

Executive Orders for the underlying rule 

is discussed in Unit VII. of the August 

31, 2005, final rule (70 FR 51628). 

V. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., 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 this final 

rule in the Federal Register. This final 

rule is not a ‘‘major rule ’’ as defined by 

5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice, Agricultural 

commodities, Pesticides and pests, 

Reporting and recordkeeping 

requirements. 

Dated: October 28, 2005. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

PART 180—[AMENDED] 

■ Therefore, 40 CFR part 180 is 

corrected as follows: 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

§ 180.368 [Corrected] 

■ 2. On page 51637, in the second 

column, in the amendments to 

§ 180.368, amendatory instruction 2. iii. 

should read: By designating the existing