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###### Environmental Protection Agency

          - 40 CFR Part 52
          - [EPA-R09-OAR-2009-0344; FRL-8932-7]

# AGENCY:

Environmental Protection Agency (EPA).

# ACTION:

Proposed rule; correction.

# SUMMARY:

                        This document corrects the preamble to a proposed rule published in the                         **Federal Register**                         on July 10, 2009, pertaining to revisions to reformulated gasoline and diesel fuels regulations for the State of California.                    

# FOR FURTHER INFORMATION CONTACT:

                        Jeffrey Buss, EPA Region IX, (415) 947-4152,                         *buss.jeffrey@epa.gov.*

# SUPPLEMENTARY INFORMATION:

On July 10, 2009 (74 FR 33196), EPA proposed to approve revisions to reformulated gasoline and diesel fuel regulations for the State of California. This document makes the following three corrections:

1. The correct title for the July 10, 2009 notice should read, “Approval and Promulgation of Air Quality Implementation Plans; Reformulated Gasoline and Diesel Fuels; California.”

2. Section B. of the preamble entitled, “What Should I Consider as I Prepare My Comments for EPA?” should be deleted.

3. Section V. of the preamble, entitled “Administrative Requirements,” should be replaced with the following:

## V. 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 imposed by state law. For that reason, this action:
    - Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Order 12866  ( 58 FR 51735 , October 4, 1993);
    - Does not impose an information collection burden under the provisions of the Paperwork Reduction Act ( 44 U.S.C. 3501  et seq. );                
    - Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act ( 5 U.S.C. 601  et seq. );                
    - Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 ( Pub. L. 104-4 );
    - Does not have Federalism implications as specified in Executive Order 13132  ( 64 FR 43255 , August 10, 1999);
    - Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045  ( 62 FR 19885 , April 23, 1997);
    - Is not a significant regulatory action subject to Executive Order 13211  ( 66 FR 28355 , May 22, 2001);
    - Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 ( 15 U.S.C. 272 note ) because application of those requirements would be inconsistent with the Clean Air Act; and
    - 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  ( 59 FR 7629 , February 16, 1994).

In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.”

Today's correction does not otherwise change the remaining portions of the July 10, 2009 proposed rule.

Dated: July 14, 2009.

Laura Yoshii,

Acting Regional Administrator, Region IX.

[FR Doc. E9-17259 Filed 7-20-09; 8:45 am]

BILLING CODE 6560-50-P