[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Rules and Regulations]
[Pages 24527-24529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10931]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2016-0772; FRL-9962-82-Region 9]
Determination of Attainment and Approval of Base Year Emissions
Inventories for the Imperial County, California Fine Particulate Matter
Nonattainment Area; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendment.
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SUMMARY: On March 13, 2017, the Environmental Protection Agency (EPA)
published a direct final rule in the Federal Register determining that
the Imperial County, California Moderate nonattainment area (``the
Imperial County NA'') attained the 2006 24-hour fine particulate matter
(PM2.5) national ambient air quality standard. In the same
action, the EPA approved a revision to California's state
implementation plan (SIP) consisting of the 2008 emissions inventory
for the Imperial County NA submitted by the California Air Resources
Board (CARB or ``State'') on January 9, 2015. The EPA's description in
regulatory text of the SIP element that was approved inadvertently
included information unrelated to the 2008 emissions inventory. This
document corrects the regulatory text to clarify the provisions of the
SIP that are approved.
DATES: This correcting amendment is effective on May 30, 2017.
FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, EPA Region IX, (415)
972-3964, [email protected].
SUPPLEMENTARY INFORMATION: This action corrects an inadvertent error in
a rulemaking related to the EPA's approval of the 2008 emissions
inventory for the Imperial County NA. On March 13, 2017, the EPA
published a direct final rule approving a revision of the California
SIP--specifically, we approved the portion of Chapter 3 of CARB's
January 9, 2015 submittal that contains the 2008 emissions inventory
for the Imperial County NA. This action contained amendatory
instructions that added paragraph (484) to 40 CFR 52.220(c). However,
in the amendatory instructions the EPA inadvertently failed to exclude
Section 3.4.2 (``Determination of Significant Sources of
PM2.5'') from the portions of the SIP we intended to
approve. This document corrects that error.
[[Page 24528]]
Correction
In the direct final rule published in the Federal Register on March
13, 2017 (82 FR 13392), on page 13397, third column, in amendatory
instruction 2, Sec. 52.220(c)(484)(ii)(A)(1) should have listed
Section 3.4.2 (``Determination of Significant Sources of
PM2.5'') among the portions of Chapter 3 that the EPA was
excluding from its approval.
The EPA has determined that this action falls under the ``good
cause'' exemption in section 553(b)(B) of the Administrative Procedure
Act (APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation where public notice and comment
procedures are impracticable, unnecessary, or contrary to the public
interest. Public notice and comment for this action are unnecessary
because the underlying rule for which this correcting amendment has
been prepared was already subject to a 30-day comment period. No
comments were received. Further, this action, which corrects an
inadvertent regulatory text error that was included in the EPA's March
13, 2017 direct final rule, is consistent with the substantive revision
to the California SIP as described in the preamble of said action
concerning the approval of the 2008 emissions inventory for the
Imperial County NA. Because this correction action does not change the
EPA's analysis or overall action related to the approval of the 2008
emissions inventory, no purpose would be served by additional public
notice and comment. Consequently, additional public notice and comment
are unnecessary.
The EPA also finds that there is good cause under APA section
553(d)(3) for the correction in the amendatory instructions and related
paragraph designation to become effective on the date of publication.
Section 553(d)(3) of the APA allows an effective date less than 30 days
after publication ``as otherwise provided by the agency for good cause
found and published with the rule.'' 5 U.S.C. 553(d)(3). This rule does
not create any new regulatory requirements such that affected parties
would need time to prepare before the rule takes effect. This action
merely corrects an inadvertent error in the regulatory text of the
EPA's prior rulemaking for the California SIP. For these reasons, the
EPA finds good cause under APA section 553(d)(3) for the correction to
Sec. 52.220(c)(484)(ii)(A)(1) to become effective on the date of
publication of this final rule.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is 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 FR 28355, May 22, 2001). Because the
agency has made a ``good cause'' finding that this action is not
subject to notice-and-comment requirements under the Administrative
Procedure 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
government, as specified by Executive Order 13132 (64 FR 43255, August
10, 1999). This rule also is not subject to Executive Order 13045,
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant. In addition, this rule 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. This rule also does not impose an information collection
burden under the provisions of 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, the EPA has made such a good cause finding, including the
reasons therefore, and established an effective date of May 30, 2017.
The 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. 804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 4, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Accordingly, 40 CFR part 52 is corrected by making the following
correcting amendment:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by revising paragraph (c)(484)(ii)(A)(1)
to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(484) * * *
(ii) * * *
(A) * * *
(1) ``Imperial County 2013 State Implementation Plan for the 2006
24-Hour PM2.5 Moderate Nonattainment Area,'' adopted
December 2, 2014, Chapter 3 (``Emissions Inventory'') excluding:
Section 3.4.1
[[Page 24529]]
(``Determination of Significant Sources of PM2.5
Precursors''); Section 3.4.2 (``Determination of Significant Sources of
PM2.5''); the 2011 and 2012 winter and annual average
inventories in Table 3.1 (``PM2.5 Emissions Inventory by
Major Source Category 2008, 2011 and 2012 Winter and Annual Planning
Emissions Inventories''); the 2011 and 2012 winter and annual average
inventories in Table 3.7 (``NOX Emissions Inventory by Major
Source Category 2008, 2011 and 2012 Winter and Annual Planning
Emissions Inventories''); the 2011 and 2012 winter and annual average
inventories in Table 3.8 (``VOCs Emissions Inventory by Major Source
Category 2008, 2011 and 2012 Winter and Annual Planning Emissions
Inventories''); the 2011 and 2012 winter and annual average inventories
in Table 3.9 (``SOX Emissions Inventory by Major Source
Category 2008, 2011 and 2012 Winter and Annual Planning Emissions
Inventories''); and the 2011 and 2012 winter and annual average
inventories in Table 3.10 (``Ammonia Emissions Inventory by Major
Source Category 2008, 2011 and 2012 Winter and Annual Planning
Emissions Inventories'').
[FR Doc. 2017-10931 Filed 5-26-17; 8:45 am]
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