Federal Register, Volume 74, Number 76, April 22, 2009, Pages 18285-18448 Page: 18,302
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18302 Federal Register/Vol. 74, No. 76/Wednesday, April 22, 2009/Rules and Regulations
* 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;
* 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
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. EPA will submit a
report containing this action 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. 804(2).
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 June 22, 2009.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action 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
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Volatile organic
Dated: April 10, 2009.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
a 40 CFR part 52 is amended as follows:
1. The authority citation for part 52
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
* 2. The second table in 52.2270(e)
entitled "EPA Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures in the Texas SIP" is amended
by adding two new entries to the end of
the table for "Approval of the 1997 8-
hour Ozone 15% Reasonable Further
Progress Plan, and 2008 RFP Motor
Vehicle Emission Budgets" and "2002
Base Year Emissions Inventory", for the
Houston-Galveston-Brazoria, TX area.
The additions read as follows:
52.2270 Identification of plan.
(e) * * *
EPA-APPROVED NONREGULATORY PROVISIONS AND
QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Name of SIP provision
Approval of the 1997 8-hour Ozone 15% Rea-
sonable Further Progress Plan, and 2008 RFP
Motor Vehicle Emission Budgets.
2002 Base Year Emissions Inventory ..................
or nonattainment area
EPA approval date
05/23/07 04/22/09 [Insert FR
page number where
05/23/07 04/22/09 [Insert FR
page number where
[FR Doc. E9-9216 Filed 4-21-09; 8:45 am]
BILLING CODE 6560-50-P
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United States. Office of the Federal Register. Federal Register, Volume 74, Number 76, April 22, 2009, Pages 18285-18448, periodical, April 22, 2009; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc132938/m1/24/: accessed November 21, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.