81 FR 36179 - Partial Approval and Partial Disapproval of Air Quality State Implementation Plans; Arizona; Infrastructure Requirements To Address Interstate Transport for the 2008 Ozone NAAQS; Correction

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 108 (June 6, 2016)

Page Range		36179-36180
FR Document		2016-13160

This document corrects an omission in the final rule document published on May 19, 2016, announcing the Environmental Protection Agency's (EPA's) approval in part and disapproval in part of State Implementation Plan (SIP) revisions submitted by the Arizona Department of Environmental Quality to address the interstate transport requirements of Clean Air Act section 110(a)(2)(D)(i) with respect to the 2008 ozone national ambient air quality standard. The correction of this omission does not change the EPA's final action to approve in part and disapprove in part these SIP revisions.

Federal Register, Volume 81 Issue 108 (Monday, June 6, 2016)

[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36179-36180]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13160]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0793; FRL-9947-27-Region 9]


Partial Approval and Partial Disapproval of Air Quality State 
Implementation Plans; Arizona; Infrastructure Requirements To Address 
Interstate Transport for the 2008 Ozone NAAQS; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

-----------------------------------------------------------------------

SUMMARY: This document corrects an omission in the final rule document 
published on May 19, 2016, announcing the Environmental Protection 
Agency's (EPA's) approval in part and disapproval in part of State 
Implementation Plan (SIP) revisions submitted by the Arizona Department 
of Environmental Quality to address the interstate transport 
requirements of Clean Air Act section 110(a)(2)(D)(i) with respect to 
the 2008 ozone national ambient air quality standard. The correction of 
this omission does not change the EPA's final action to approve in part 
and disapprove in part these SIP revisions.

DATES: This correcting amendment is effective on June 20, 2016.

FOR FURTHER INFORMATION CONTACT: Tom Kelly, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX, (415) 972-3856, 
[email protected].

SUPPLEMENTARY INFORMATION: On March 22, 2016 (81 FR 15200), the EPA 
proposed to approve in part and to disapprove in part SIP revisions 
submitted by the Arizona Department of Environmental Quality (ADEQ) on 
December 27, 2012, and supplemented on December 3, 2015, to address the 
interstate transport requirements of Clean Air Act (CAA or Act) section 
110(a)(2)(D)(i) with respect to the 2008 ozone National Ambient Air 
Quality Standard (NAAQS). More specifically, in the March 22, 2016 
proposed rule, the EPA proposed to approve Arizona's SIP as meeting the 
interstate transport requirements of CAA section 110(a)(2)(D)(i)(I) 
prongs 1 and 2 and to disapprove Arizona's SIP with respect to the 
interstate transport requirements of CAA section 110(a)(2)(D)(i)(II) 
prong 4. Id., at 15204. No comments were submitted on the EPA's March 
22, 2016 proposed action. On May 19, 2016 (81 FR 31513), the EPA 
published a final rulemaking action announcing its approval in part and 
disapproval in part of the relevant SIP revisions as proposed on March 
22, 2016. However, in its May 19, 2016 final rule, the EPA 
inadvertently omitted the regulatory text that codifies the final 
action taken therein. This document corrects that oversight.
    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 action codified herein was already subject to a 30-day 
comment period beginning with publication of the related proposed rule 
on March 22, 2016, and as noted above, no comments were submitted. 
Thus, no purpose would be served by additional public notice and 
comment.
    The EPA also finds that there is good cause under APA section 
553(d)(3) for the regulatory text added herein to become effective on 
the same date as the final rulemaking for which the regulatory text was 
inadvertently omitted. 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). 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 behavior 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 rule merely adds regulatory text codifying 
the partial approval and partial disapproval action that the EPA 
published on May 19, 2016, which is 30 days from the date on which this 
rule will become effective. The May 19, 2016 final rule thus provided 
sufficient notice and time for affected parties to take appropriate 
action to the extent any action is necessary to comply with the rule. 
For these reasons, the EPA finds good cause under APA section 553(d)(3) 
for the regulatory text codified herein and associated with the May 19, 
2016 final rule to become effective on same date as the May 19, 2016 
final rule becomes effective (i.e., June 20, 2019).

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). This action 
merely adds regulatory text inadvertently omitted from a previous final 
rule and imposes no additional requirements beyond those imposed by 
state law. Accordingly, the Administrator certifies

[[Page 36180]]

that this rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule merely adds regulatory 
text inadvertently omitted from a previous final rule, and does not 
impose any additional enforceable duty beyond that required by state 
law, it 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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where the EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000), nor will it impose substantial 
direct costs on tribal governments or preempt tribal law.
    This rule also does not have Federalism implications because it 
does not 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 in Executive Order 13132 (64 FR 43255, August 
10, 1999). This rule merely corrects an inadvertent omission of 
regulatory text for a previously published final rule, and does not 
alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act (CAA). 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 June 20, 2016. 
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).
    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 August 5, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Oxides of nitrogen, Ozone, and Volatile organic compounds.

    Dated: May 24, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

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 D--Arizona

0
2. Section 52.120 is amended by adding paragraph (c)(174) to read as 
follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (174) The following plan was submitted on December 3, 2015 by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional materials.
    (A) Arizona Department of Environmental Quality.
    (1) SIP Revision: Clean Air Act Section 110(a)(2)(D), 2008 Ozone 
National Ambient Air Quality Standards (December 3, 2015).

0
3. Section 52.123 is amended by revising paragraph (o) to read as 
follows:


Sec.  52.123  Approval status.

* * * * *
    (o) 2008 8-hour ozone NAAQS: The SIPs submitted on October 14, 
2011, December 27, 2012, and December 3, 2015 are fully or partially 
disapproved for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(i)(II), 
D(ii), (J) and (K) for all portions of the Arizona SIP.
* * * * *
[FR Doc. 2016-13160 Filed 6-3-16; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations 36179

(e) * * *

STATE OF OREGON AIR QUALITY CONTROL PROGRAM
State
SIP citation Title/subject effective EPA approval date Explanations
date

* * * * * * *
4.62, 12/12/ 4.62, 6/6/2016 [Insert Federal Register cita- 4.62, Klamath
2012 tion]. Falls PM2.5
Attainment
Plan

* * * * * * *

[FR Doc. 2016–13031 Filed 6–3–16; 8:45 am] Environmental Quality (ADEQ) on final rulemaking for which the
BILLING CODE 6560–50–P December 27, 2012, and supplemented regulatory text was inadvertently
on December 3, 2015, to address the omitted. Section 553(d)(3) of the APA
interstate transport requirements of allows an effective date less than 30
ENVIRONMENTAL PROTECTION Clean Air Act (CAA or Act) section days after publication ‘‘as otherwise
AGENCY 110(a)(2)(D)(i) with respect to the 2008 provided by the agency for good cause
ozone National Ambient Air Quality found and published with the rule.’’ 5
40 CFR Part 52 Standard (NAAQS). More specifically, U.S.C. 553(d)(3). The purpose of the 30-
[EPA–R09–OAR–2015–0793; FRL–9947–27– in the March 22, 2016 proposed rule, day waiting period prescribed in APA
Region 9] the EPA proposed to approve Arizona’s section 553(d)(3) is to give affected
SIP as meeting the interstate transport parties a reasonable time to adjust their
Partial Approval and Partial requirements of CAA section behavior and prepare before the final
Disapproval of Air Quality State 110(a)(2)(D)(i)(I) prongs 1 and 2 and to rule takes effect. This rule, however,
Implementation Plans; Arizona; disapprove Arizona’s SIP with respect does not create any new regulatory
Infrastructure Requirements To to the interstate transport requirements requirements such that affected parties
Address Interstate Transport for the of CAA section 110(a)(2)(D)(i)(II) prong would need time to prepare before the
2008 Ozone NAAQS; Correction 4. Id., at 15204. No comments were rule takes effect. Rather, this rule merely
submitted on the EPA’s March 22, 2016 adds regulatory text codifying the
AGENCY: Environmental Protection proposed action. On May 19, 2016 (81 partial approval and partial disapproval
Agency (EPA). FR 31513), the EPA published a final action that the EPA published on May
ACTION: Final rule; correcting rulemaking action announcing its 19, 2016, which is 30 days from the date
amendment. approval in part and disapproval in part on which this rule will become
SUMMARY: This document corrects an of the relevant SIP revisions as proposed effective. The May 19, 2016 final rule
omission in the final rule document on March 22, 2016. However, in its May thus provided sufficient notice and time
published on May 19, 2016, announcing 19, 2016 final rule, the EPA for affected parties to take appropriate
the Environmental Protection Agency’s inadvertently omitted the regulatory text action to the extent any action is
(EPA’s) approval in part and that codifies the final action taken necessary to comply with the rule. For
disapproval in part of State therein. This document corrects that these reasons, the EPA finds good cause
Implementation Plan (SIP) revisions oversight. under APA section 553(d)(3) for the
The EPA has determined that this regulatory text codified herein and
submitted by the Arizona Department of
action falls under the ‘‘good cause’’ associated with the May 19, 2016 final
Environmental Quality to address the
exemption in section 553(b)(B) of the rule to become effective on same date as
interstate transport requirements of
Administrative Procedure Act (APA) the May 19, 2016 final rule becomes
Clean Air Act section 110(a)(2)(D)(i)
which, upon finding ‘‘good cause,’’ effective (i.e., June 20, 2019).
with respect to the 2008 ozone national
authorizes agencies to dispense with
ambient air quality standard. The Statutory and Executive Order Reviews
public participation where public notice
correction of this omission does not Under Executive Order 12866 (58 FR
and comment procedures are
change the EPA’s final action to approve 51735, October 4, 1993), this action is
impracticable, unnecessary or contrary
in part and disapprove in part these SIP not a ‘‘significant regulatory action’’ and
to the public interest. Public notice and
revisions. therefore is not subject to review by the
comment for this action are unnecessary
DATES: This correcting amendment is because the action codified herein was Office of Management and Budget. For
effective on June 20, 2016. already subject to a 30-day comment this reason, this action is also not
FOR FURTHER INFORMATION CONTACT: Tom period beginning with publication of the subject to Executive Order 13211,
Kelly, Air Planning Office (AIR–2), U.S. related proposed rule on March 22, ‘‘Actions Concerning Regulations That
Environmental Protection Agency, 2016, and as noted above, no comments Significantly Affect Energy Supply,
mstockstill on DSK3G9T082PROD with RULES

Region IX, (415) 972–3856, were submitted. Thus, no purpose Distribution, or Use’’ (66 FR 28355, May
kelly.thomasp@epa.gov. would be served by additional public 22, 2001). This action merely adds
SUPPLEMENTARY INFORMATION: On March notice and comment. regulatory text inadvertently omitted
22, 2016 (81 FR 15200), the EPA The EPA also finds that there is good from a previous final rule and imposes
proposed to approve in part and to cause under APA section 553(d)(3) for no additional requirements beyond
disapprove in part SIP revisions the regulatory text added herein to those imposed by state law.
submitted by the Arizona Department of become effective on the same date as the Accordingly, the Administrator certifies

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36180 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations

that this rule will not have a significant makes a good cause finding that notice (i) [Reserved]
economic impact on a substantial and public procedure is impracticable, (ii) Additional materials.
number of small entities under the unnecessary or contrary to the public (A) Arizona Department of
Regulatory Flexibility Act (5 U.S.C. 601 interest. This determination must be Environmental Quality.
et seq.). Because this rule merely adds supported by a brief statement. 5 U.S.C. (1) SIP Revision: Clean Air Act
regulatory text inadvertently omitted 808(2). As stated previously, the EPA Section 110(a)(2)(D), 2008 Ozone
from a previous final rule, and does not has made such a good cause finding, National Ambient Air Quality Standards
impose any additional enforceable duty including the reasons therefore, and (December 3, 2015).
beyond that required by state law, it established an effective date of June 20, ■ 3. Section 52.123 is amended by
does not contain any unfunded mandate 2016. The EPA will submit a report revising paragraph (o) to read as follows:
or significantly or uniquely affect small containing this rule and other required
governments, as described in the information to the U.S. Senate, the U.S. § 52.123 Approval status.
Unfunded Mandates Reform Act of 1995 House of Representatives, and the * * * * *
(Pub. L. 104–4). Comptroller General of the United (o) 2008 8-hour ozone NAAQS: The
The SIP is not approved to apply on States prior to publication of the rule in SIPs submitted on October 14, 2011,
any Indian reservation land or in any the Federal Register. A major rule December 27, 2012, and December 3,
other area where the EPA or an Indian cannot take effect until 60 days after it 2015 are fully or partially disapproved
tribe has demonstrated that a tribe has is published in the Federal Register. for Clean Air Act (CAA) elements
jurisdiction. In those areas of Indian This action is not a ‘‘major rule’’ as 110(a)(2)(C), (D)(i)(II), D(ii), (J) and (K)
country, the rule does not have tribal defined by 5 U.S.C. 804(2). for all portions of the Arizona SIP.
implications as specified by Executive Under section 307(b)(1) of the Clean * * * * *
Order 13175 (65 FR 67249, November 9, Air Act, petitions for judicial review of [FR Doc. 2016–13160 Filed 6–3–16; 8:45 am]
2000), nor will it impose substantial this action must be filed in the United BILLING CODE 6560–50–P
direct costs on tribal governments or States Court of Appeals for the
preempt tribal law. appropriate circuit by August 5, 2016.
This rule also does not have Filing a petition for reconsideration by
Federalism implications because it does UTAH RECLAMATION MITIGATION
the Administrator of this final rule does
not have substantial direct effects on the AND CONSERVATION COMMISSION
not affect the finality of this rule for the
states, on the relationship between the purposes of judicial review nor does it
national government and the states, or 43 CFR Part 10000
extend the time within which a petition
on the distribution of power and for judicial review may be filed, and Place of Business Location Change
responsibilities among the various shall not postpone the effectiveness of
levels of government, as specified in such rule or action. This action may not AGENCY: Utah Reclamation Mitigation
Executive Order 13132 (64 FR 43255, be challenged later in proceedings to and Conservation Commission.
August 10, 1999). This rule merely enforce its requirements (see section ACTION: Final rule.
corrects an inadvertent omission of 307(b)(2)).
regulatory text for a previously SUMMARY: The Utah Reclamation
published final rule, and does not alter List of Subjects in 40 CFR Part 52 Mitigation and Conservation
the relationship or the distribution of Environmental protection, Air Commission (Commission) is updating
power and responsibilities established pollution control, Incorporation by its regulations to reflect a change of
in the Clean Air Act (CAA). This rule reference, Oxides of nitrogen, Ozone, agency location. The Commission has
also is not subject to Executive Order and Volatile organic compounds. moved from 111 East Broadway, Suite
13045 ‘‘Protection of Children from 310 to 230 South 500 East, Suite 230 in
Dated: May 24, 2016.
Environmental Health Risks and Safety Salt Lake City, Utah.
Risks’’ (62 FR 19885, April 23, 1997), Alexis Strauss,
DATES: This rule is effective June 6,
because it is not economically Acting Regional Administrator, Region IX.
2016.
significant. In addition, this rule does Part 52, chapter I, title 40 of the Code
not involve technical standards, thus of Federal Regulations is amended as FOR FURTHER INFORMATION CONTACT:
the requirements of section 12(d) of the follows: Diane Simmons at 801–524–3146, or
National Technology Transfer and email to dsimmons@usbr.gov.
Advancement Act of 1995 (15 U.S.C. PART 52—APPROVAL AND SUPPLEMENTARY INFORMATION:
272 note) do not apply. This rule also PROMULGATION OF
IMPLEMENTATION PLANS I. Background
does not impose an information
collection burden under the provisions The Utah Reclamation Mitigation and
■ 1. The authority citation for part 52 Conservation Commission is an
of the Paperwork Reduction Act of 1995
continues to read as follows: independent Federal agency established
(44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 Authority: 42 U.S.C. 7401 et seq. by the Central Utah Project Completion
U.S.C. 801 et seq., as added by the Small Act of 1992. The Act set terms and
Business Regulatory Enforcement Subpart D—Arizona conditions for completing the Central
Fairness Act of 1996, generally provides ■ 2. Section 52.120 is amended by Utah Project, which diverts stores and
that before a rule may take effect, the adding paragraph (c)(174) to read as delivers large quantities of water from
agency promulgating the rule must follows: numerous Utah rivers to meet the needs
mstockstill on DSK3G9T082PROD with RULES

submit a rule report, which includes a of central Utah’s citizens. The
copy of the rule, to each House of the § 52.120 Identification of plan. Commission is responsible for planning,
Congress and to the Comptroller General * * * * * funding, and implementing projects that
of the United States. Section 808 allows (c) * * * benefit fish, wildlife, and related
the issuing agency to make a rule (174) The following plan was recreation resources in order to offset
effective sooner than otherwise submitted on December 3, 2015 by the impacts caused by the Central Utah
provided by the CRA if the agency Governor’s designee. Project, and other Federal water

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Document Created: 2016-06-04 00:16:38
Document Modified: 2016-06-04 00:16:38

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 correcting amendment is effective on June 20, 2016.
Contact		Tom Kelly, Air Planning Office (AIR- 2), U.S. Environmental Protection Agency, Region IX, (415) 972-3856, [email protected]
FR Citation		81 FR 36179
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Oxides of Nitrogen; Ozone and Volatile Organic Compounds