80 FR 59610 - Revisions to the California State Implementation Plan, Butte County Air Quality Management District, Feather River Air Quality Management District, and San Luis Obispo County Air Pollution Control District; Correcting Amendment
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 191 (October 2, 2015)
Federal Register Volume 80, Issue 191 (October 2, 2015)
| Page Range | 59610-59611 | |
| FR Document | 2015-24953 |
[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)] [Rules and Regulations] [Pages 59610-59611] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-24953] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2015-0246; FRL-9931-19-Region 9] Revisions to the California State Implementation Plan, Butte County Air Quality Management District, Feather River Air Quality Management District, and San Luis Obispo County Air Pollution Control District; Correcting Amendment AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule; correcting amendment. ----------------------------------------------------------------------- SUMMARY: On June 11, 2015, the Environmental Protection Agency (EPA) published a final rule in the Federal Register approving a revision to the Butte County Air Quality Management District (BCAQMD) portion of the California State Implementation Plan (SIP). In that rulemaking, the EPA indicated that final approval of the revision would supersede certain older rules in the California SIP but failed to include regulatory text to that effect. This document adds appropriate regulatory text to correct that omission, clarifying the specific regulations that were superseded and that are no longer part of the applicable California SIP, and adds a line of text identifying the affected air quality district that was missing in the original action. DATES: This action is effective on October 2, 2015. FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, (415) 972- 3073, gong.kevin@epa.gov. SUPPLEMENTARY INFORMATION: This action corrects inadvertent errors in a rulemaking related to BCAQMD's SIP-approved definitions. On June 11, 2015 (80 FR 33195), the EPA published a direct final rulemaking action approving revisions to various sections of the California State Implementation Plan (SIP). This action contained regulatory text amendments to 40 CFR part 52, subpart F. The amendments, which incorporated material by reference into section 52.220, Identification of plan, paragraph (c)(457), omitted regulatory language that addressed the replacement of Butte County Air Pollution Control District (BCAPCD) Rule 101--``Title'' and parts of BCAPCD Rule 102--``Definitions'' with BCAQMD Rule 101--``Definitions'' as described in Footnote 1 of 80 FR 33195. This action adds regulatory text to clarify the rules or portions of rules that were superseded in the Butte County AQMD portion of the California SIP by our June 11, 2015 direct final action. The EPA has determined that this action falls under the ``good cause'' exemption in section 553(b)(3)(B) of the Administrative Procedures 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 is unnecessary because this action correcting inadvertent regulatory text errors included in the EPA's June 11, 2015 final rule is consistent with the substantive revision to the California SIP as described in the preamble of said action concerning definitions for the BCAQMD portion of the California SIP. In addition, the EPA can identify no particular reason why the public would be interested in having the opportunity to comment on the correction prior to this action being finalized, since this correction action does not change the EPA's analysis or overall action related to the approval of BCAQMD's revisions to their definitions into the California SIP. The EPA also finds that there is good cause under APA section 553(d)(3) for this correction to become effective on the date of publication of this action. Section 553(d)(3) of the APA allows an effective date of 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). The purpose of the 30-day waiting period prescribed in APA section 553(d)(3) is to give affected parties a reasonable time to adjust their behaviour and prepare before the final rule takes effect. This rule, however, does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. Rather, this action merely corrects inadvertent errors for 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 this correction to become effective on the date of publication of this action. Need for Correction As published, the final regulations omitted amendatory language that addressed the replacement of BCAQMD Rule 101. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and [[Page 59611]] is therefore not subject to review by the Office of Management and Budget. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), or require prior consultation with State officials as specified by Executive Order 12875 (58 FR 58093, October 28, 1993), or involve special consideration of environmental justice related issues as required by Executive Order 12898 (59 FR 7629, February 16, 1994). Because this action is not subject to notice-and-comment requirements under the Administrative Procedure Act or any other statute, it is not subject to the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business Regulatory Enforcement Fairness Act of 1996, 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 General Accounting Office prior to publication of this rule in the Federal Register. This rule 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, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: September 14, 2015. Jared Blumenfeld, Regional Administrator, Region IX. Accordingly, 40 CFR part 52 is corrected by making the following correcting amendments: 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: 0 a. Revising paragraph (c)(168)(i)(A)(7); and 0 b. Revising paragraph (c)(457)(i)(C). The revised text reads as follows: Sec. 52.220 Identification of plan. * * * * * (c) * * * (168) * * * (i) * * * (A) * * * (7) Previously approved on February 3, 1987 in paragraph (c)(168)(i)(A)(1) of this section and now deleted with replacement in paragraph (c)(457)(i)(C)(1): Rule 101 ``Title'' and Rule 102 ``Definitions'', except for the following definitions from existing SIP BCAPCD Rule 102: ``approved ignition devices,'' ``open out-door fire'', ``permissive burn day,'' ``range improvement burning,'' ``submerged fill pipe,'' and ``vapor recovery system.''. * * * * * (457) * * * (i) * * * (C) Butte County Air Quality Management District. (1) Rule 101, ``Definitions,'' amended on April 24, 2014. * * * * * [FR Doc. 2015-24953 Filed 10-1-15; 8:45 am] BILLING CODE 6560-50-P
![59610 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations
specific) cartridges in combination with ENVIRONMENTAL PROTECTION superseded in the Butte County AQMD
HEPA filters. AGENCY portion of the California SIP by our June
(B) NIOSH-certified continuous flow 11, 2015 direct final action.
supplied-air respirator equipped with a 40 CFR Part 52 The EPA has determined that this
loose fitting facepiece, hood, or helmet. action falls under the ‘‘good cause’’
[EPA–R09–OAR–2015–0246; FRL–9931–19–
Region 9] exemption in section 553(b)(3)(B) of the
(C) NIOSH-certified negative pressure Administrative Procedures Act (APA)
(demand) supplied-air respirator with a which, upon finding ‘‘good cause,’’
Revisions to the California State
full facepiece. authorizes agencies to dispense with
Implementation Plan, Butte County Air
(ii) Industrial, commercial, and Quality Management District, Feather public participation where public notice
consumer activities. Requirements as River Air Quality Management District, and comment procedures are
specified in § 721.80(o). and San Luis Obispo County Air impracticable, unnecessary, or contrary
(b) Specific requirements. The Pollution Control District; Correcting to the public interest. Public notice and
provisions of subpart A of this part Amendment comment for this action is unnecessary
apply to this section except as modified because this action correcting
by this paragraph. AGENCY: Environmental Protection inadvertent regulatory text errors
Agency (EPA). included in the EPA’s June 11, 2015
(1) Recordkeeping. Recordkeeping final rule is consistent with the
ACTION: Final rule; correcting
requirements as specified in § 721.125 substantive revision to the California
amendment.
(a), (b), (c), (d) and (i) are applicable to SIP as described in the preamble of said
manufacturers, importers, and SUMMARY: On June 11, 2015, the action concerning definitions for the
processors of this substance. Environmental Protection Agency (EPA) BCAQMD portion of the California SIP.
(2) Limitations or revocation of published a final rule in the Federal In addition, the EPA can identify no
certain notification requirements. The Register approving a revision to the particular reason why the public would
provisions of § 721.185 apply to this Butte County Air Quality Management be interested in having the opportunity
section. District (BCAQMD) portion of the to comment on the correction prior to
California State Implementation Plan this action being finalized, since this
■ 26. Add § 721.10874 to subpart E to (SIP). In that rulemaking, the EPA correction action does not change the
read as follows: indicated that final approval of the EPA’s analysis or overall action related
§ 721.10874 Polymer of isophorone revision would supersede certain older to the approval of BCAQMD’s revisions
diisocyanate and amine-terminated rules in the California SIP but failed to to their definitions into the California
propoxylatedpolyol (generic). include regulatory text to that effect. SIP.
This document adds appropriate The EPA also finds that there is good
(a) Chemical substance and regulatory text to correct that omission, cause under APA section 553(d)(3) for
significant new uses subject to reporting. clarifying the specific regulations that this correction to become effective on
(1) The chemical substance identified were superseded and that are no longer the date of publication of this action.
generically as polymer of isophorone part of the applicable California SIP, Section 553(d)(3) of the APA allows an
diisocyanate and amine-terminated and adds a line of text identifying the effective date of less than 30 days after
propoxylatedpolyol (PMN P–15–278) is affected air quality district that was publication ‘‘as otherwise provided by
subject to reporting under this section missing in the original action. the agency for good cause found and
for the significant new uses described in published with the rule.’’ 5 U.S.C.
DATES: This action is effective on
paragraph (a)(2) of this section. 553(d)(3). The purpose of the 30-day
October 2, 2015.
(2) The significant new uses are: waiting period prescribed in APA
FOR FURTHER INFORMATION CONTACT:
(i) Industrial, commercial, and Kevin Gong, EPA Region IX, (415) 972– section 553(d)(3) is to give affected
consumer activities. Requirements as 3073, gong.kevin@epa.gov. parties a reasonable time to adjust their
specified in § 721.80. The significant behaviour and prepare before the final
SUPPLEMENTARY INFORMATION: This
new use is manufacture of the substance rule takes effect. This rule, however,
action corrects inadvertent errors in a does not create any new regulatory
where the average molecular weight is rulemaking related to BCAQMD’s SIP-
below 2500 daltons and where any requirements such that affected parties
approved definitions. On June 11, 2015 would need time to prepare before the
molecular weight species is below 1000 (80 FR 33195), the EPA published a
daltons. rule takes effect. Rather, this action
direct final rulemaking action approving merely corrects inadvertent errors for
(ii) [Reserved] revisions to various sections of the the regulatory text of the EPA’s prior
(b) Specific requirements. The California State Implementation Plan rulemaking for the California SIP. For
provisions of subpart A of this part (SIP). This action contained regulatory these reasons, the EPA finds good cause
apply to this section except as modified text amendments to 40 CFR part 52, under APA section 553(d)(3) for this
by this paragraph. subpart F. The amendments, which correction to become effective on the
(1) Recordkeeping. Recordkeeping incorporated material by reference into date of publication of this action.
requirements as specified in § 721.125 section 52.220, Identification of plan,
paragraph (c)(457), omitted regulatory Need for Correction
(a), (b), (c) and (i) are applicable to
manufacturers, importers, and language that addressed the replacement As published, the final regulations
asabaliauskas on DSK5VPTVN1PROD with RULES
processors of this substance. of Butte County Air Pollution Control omitted amendatory language that
District (BCAPCD) Rule 101—‘‘Title’’ addressed the replacement of BCAQMD
(2) Limitations or revocation of and parts of BCAPCD Rule 102— Rule 101.
certain notification requirements. The ‘‘Definitions’’ with BCAQMD Rule
provisions of § 721.185 apply to this 101—‘‘Definitions’’ as described in Statutory and Executive Order Reviews
section. Footnote 1 of 80 FR 33195. This action Under Executive Order 12866 (58 FR
[FR Doc. 2015–24846 Filed 10–1–15; 8:45 am] adds regulatory text to clarify the rules 51735, October 4, 1993), this action is
BILLING CODE 6560–50–P or portions of rules that were not a ‘‘significant regulatory action’’ and
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![Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations 59611
is therefore not subject to review by the (A) * * * DATES: This direct final rule will be
Office of Management and Budget. In (7) Previously approved on February effective December 1, 2015, without
addition, this action does not impose 3, 1987 in paragraph (c)(168)(i)(A)(1) of further notice, unless EPA receives
any enforceable duty or contain any this section and now deleted with adverse comment by November 2, 2015.
unfunded mandate as described in the replacement in paragraph If EPA receives adverse comment, we
Unfunded Mandates Reform Act of 1995 (c)(457)(i)(C)(1): Rule 101 ‘‘Title’’ and will publish a timely withdrawal of the
(Pub. L. 104–4), or require prior Rule 102 ‘‘Definitions’’, except for the direct final rule in the Federal Register
consultation with State officials as following definitions from existing SIP informing the public that the rule will
specified by Executive Order 12875 (58 BCAPCD Rule 102: ‘‘approved ignition not take effect.
FR 58093, October 28, 1993), or involve devices,’’ ‘‘open out-door fire’’, ADDRESSES: Submit your comments,
special consideration of environmental ‘‘permissive burn day,’’ ‘‘range identified by Docket ID No. EPA–R07–
justice related issues as required by improvement burning,’’ ‘‘submerged fill OAR–2015–0513, by one of the
Executive Order 12898 (59 FR 7629, pipe,’’ and ‘‘vapor recovery system.’’. following methods:
February 16, 1994). * * * * * 1. www.regulations.gov. Follow the
Because this action is not subject to (457) * * * on-line instructions for submitting
notice-and-comment requirements (i) * * * comments.
under the Administrative Procedure Act (C) Butte County Air Quality 2. Email: brown.steven@epa.gov.
or any other statute, it is not subject to Management District. 3. Mail or Hand Delivery: Steven
the provisions of the Regulatory (1) Rule 101, ‘‘Definitions,’’ amended Brown, Environmental Protection
Flexibility Act (5 U.S.C. 601 et seq.) on April 24, 2014. Agency, Air Planning and Development
Under 5 U.S.C. 801(a)(1)(A) as added Branch, 11201 Renner Boulevard,
* * * * *
by the Small Business Regulatory Lenexa, Kansas 66219.
Enforcement Fairness Act of 1996, the [FR Doc. 2015–24953 Filed 10–1–15; 8:45 am]
Instructions: Direct your comments to
EPA will submit a report containing this BILLING CODE 6560–50–P
Docket ID No. EPA–R07–OAR–2015–
rule and other required information to 0513. EPA may publish any comment
the U.S. Senate, the U.S. House of received to its public docket. Do not
Representatives and the Comptroller ENVIRONMENTAL PROTECTION
AGENCY submit electronically any information
General of the General Accounting you consider to be Confidential
Office prior to publication of this rule in Business Information (CBI) or other
40 CFR Part 52
the Federal Register. This rule is not a information whose disclosure is
‘‘major rule’’ as defined by 5 U.S.C. [EPA–R07–OAR–2015–0513; FRL–9934–98– restricted by statute. Multimedia
804(2). Region 7] submissions (audio, video, etc.) must be
List of Subjects in 40 CFR Part 52 accompanied by a written comment.
Approval and Promulgation of
The written comment is considered the
Environmental protection, Air Implementation Plans; State of
official comment and should include
pollution control, Incorporation by Missouri, Limited Maintenance Plan for
discussion of all points you wish to
reference, Intergovernmental relations, the St. Louis Nonclassifiable
make. EPA will generally not consider
Nitrogen dioxide, Ozone, Particulate Maintenance Area for the 8-Hour
comments or comment contents located
matter, Reporting and recordkeeping Carbon Monoxide National Ambient Air
outside of the primary submission (i.e.,
requirements, Volatile organic Quality Standard
on the web, cloud, or other file sharing
compounds.
AGENCY: Environmental Protection system). For additional submission
Dated: September 14, 2015. Agency (EPA). methods, the full EPA public comment
Jared Blumenfeld, ACTION: Direct final rule. policy, information about CBI or
Regional Administrator, Region IX. multimedia submissions, and general
Accordingly, 40 CFR part 52 is SUMMARY: The Environmental Protection guidance on making effective
corrected by making the following Agency (EPA) is taking direct final comments, please visit http://
correcting amendments: action to approve revisions to the State www2.epa.gov/dockets/commenting-
Implementation Plan (SIP) submitted by epa-dockets. The www.regulations.gov
PART 52—APPROVAL AND the State of Missouri relating to the Web site is an ‘‘anonymous access’’
PROMULGATION OF Limited Maintenance Plan for the St. system, which means EPA will not
IMPLEMENTATION PLANS Louis area for the 8-Hour Carbon know your identity or contact
Monoxide (CO) National Ambient Air information unless you provide it in the
■ 1. The authority citation for Part 52 Quality Standard (NAAQS). On April 8, body of your comment. If you send an
continues to read as follows: 2014, the Missouri Department of email comment directly to EPA without
Authority: 42 U.S.C. 7401 et seq. Natural Resources (MDNR) submitted to going through www.regulations.gov,
EPA a second 10-year maintenance plan your email address will be
Subpart F—California for the St. Louis area for the CO automatically captured and included as
NAAQS. This maintenance plan part of the comment that is placed in the
■ 2. Section 52.220 is amended by: addresses maintenance of the CO public docket and made available on the
■ a. Revising paragraph (c)(168)(i)(A)(7);
NAAQS for a second 10-year period Internet. If you submit an electronic
and
asabaliauskas on DSK5VPTVN1PROD with RULES
■ b. Revising paragraph (c)(457)(i)(C).
beyond the original redesignation. In comment, EPA recommends that you
The revised text reads as follows: accordance with the requirements of the include your name and other contact
Clean Air Act (CAA), EPA is approving information in the body of your
§ 52.220 Identification of plan. the revision because the State comment and with any disk or CD–ROM
* * * * * adequately demonstrates that the St. you submit. If EPA cannot read your
(c) * * * Louis Maintenance area will maintain comment due to technical difficulties
(168) * * * air quality standards for CO through the and cannot contact you for clarification,
(i) * * * year 2022. EPA may not be able to consider your
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Document Created: 2015-12-15 08:44:11
Document Modified: 2015-12-15 08:44:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; correcting amendment. | |
| Dates | This action is effective on October 2, 2015. | |
| Contact | Kevin Gong, EPA Region IX, (415) 972- 3073, [email protected] | |
| FR Citation | 80 FR 59610 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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