81 FR 42263 - Designation of Areas for Air Quality Planning Purposes; California; San Joaquin Valley; Reclassification as Serious Nonattainment for the 2006 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 125 (June 29, 2016)
Federal Register Volume 81, Issue 125 (June 29, 2016)
| Page Range | 42263-42264 | |
| FR Document | 2016-15051 |
[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)] [Rules and Regulations] [Pages 42263-42264] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15051] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2014-0636; FRL-9948-24-Region 9] Designation of Areas for Air Quality Planning Purposes; California; San Joaquin Valley; Reclassification as Serious Nonattainment for the 2006 PM2.5 NAAQS; Correction AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule; correcting amendment. ----------------------------------------------------------------------- SUMMARY: This document corrects a paragraph designation error that occurred in a January 20, 2016, final rule pertaining to the Environmental Protection Agency's (EPA's) reclassification of the San Joaquin Valley in California from Moderate to Serious for the 2006 PM2.5 National Ambient Air Quality Standards (NAAQS). The paragraph designation in that rulemaking conflicts with a paragraph designation in a different final rule. The EPA, therefore, is correcting the erroneous paragraph designation. DATES: This correcting amendment is effective on June 29, 2016. FOR FURTHER INFORMATION CONTACT: Wienke Tax, Air Planning Office (AIR- 2), U.S. Environmental Protection Agency, Region IX, (415) 947-4192, tax.wienke@epa.gov. SUPPLEMENTARY INFORMATION: The EPA published a final rule document on January 20, 2016 (81 FR 2993) to reclassify the San Joaquin Valley Moderate nonattainment area, including areas of Indian country within it, as a Serious nonattainment area for the 2006 PM2.5 NAAQS. In the January 20, 2016 document, the EPA included amendatory instructions that added paragraph (e) to 40 CFR 52.247. 81 FR 2993, at 3000 (column 2). However, in a separate final rule published on January 13, 2016 (81 FR 1514), the EPA also included amendatory instructions that added paragraph (e) to 40 CFR 52.247. 81 FR 1514, at 1520 (column 2). As such, the amendments to 40 CFR 52.247 in the two final rules are in conflict and cannot be implemented together. The January 20, 2016 final rule should have included amendatory instructions adding paragraph (f), rather than (e). This document corrects that error. 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 and because the error addressed herein does not change the regulatory language in the rule. It only changes the paragraph designation for the relevant regulatory language. Thus, no purpose would be served by additional public notice and comment, and additional public notice and comment is 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). The EPA finds that resolving the conflict in the amendatory instructions in the two relevant final rules does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. Rather, this rule eliminates the confusion caused by designating two paragraphs in 40 CFR 52.247 as paragraph (e). For these reasons, the EPA finds good cause under APA section 553(d)(3) for the correction in the amendatory instructions associated with the January 20, 2016 final rule 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. [[Page 42264]] 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 June 29, 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). Correction In final rule FR Doc. 2016-00739, published in the Federal Register on January 20, 2016 (81 FR 2993), make the following correction: On page 3000, in the second column, remove amendatory instruction 3. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter. Dated: June 14, 2016. Alexis Strauss, Acting Regional Administrator, Region IX. 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. 0 2. Section 52.247 is amended by adding paragraph (f) to read as follows: Sec. 52.247 Control Strategy and regulations: Fine Particle Matter. * * * * * (f) By August 21, 2017, California must adopt and submit a Serious Area plan to provide for attainment of the 2006 PM2.5 NAAQS in the San Joaquin Valley PM2.5 nonattainment area. The Serious Area plan must include emissions inventories, an attainment demonstration, best available control measures, a reasonable further progress plan, quantitative milestones, contingency measures, and such other measures as may be necessary or appropriate to provide for attainment of the 2006 PM2.5 NAAQS by the applicable attainment date, in accordance with the requirements of subparts 1 and 4 of part D, title I of the Clean Air Act. [FR Doc. 2016-15051 Filed 6-28-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Rules and Regulations 42263
EPA-APPROVED KANSAS REGULATIONS
State effective
Kansas citation Title EPA approval date Explanation
date
Kansas Department of Health and Environment Ambient Air Quality Standards and Air Pollution Control
* * * * * * *
General Provisions
* * * * * * *
K.A.R. 28–19–274 ..... Nitrogen Oxide allocations ......... 11/6/15 6/29/16 and [Insert Federal Approval of EGU-specific NOX
Register citation]. allocations does not include
KAR 28–19–274(a)(2)(A) and
(a)(2)(B).
* * * * * * *
* * * * * reclassify the San Joaquin Valley instructions and related paragraph
[FR Doc. 2016–15040 Filed 6–28–16; 8:45 am] Moderate nonattainment area, including designation to become effective on the
BILLING CODE 6560–50–P areas of Indian country within it, as a date of publication. Section 553(d)(3) of
Serious nonattainment area for the 2006 the APA allows an effective date less
PM2.5 NAAQS. In the January 20, 2016 than 30 days after publication ‘‘as
ENVIRONMENTAL PROTECTION document, the EPA included otherwise provided by the agency for
AGENCY amendatory instructions that added good cause found and published with
paragraph (e) to 40 CFR 52.247. 81 FR the rule.’’ 5 U.S.C. 553(d)(3). The EPA
40 CFR Part 52 2993, at 3000 (column 2). However, in finds that resolving the conflict in the
[EPA–R09–OAR–2014–0636; FRL–9948–24– a separate final rule published on amendatory instructions in the two
Region 9] January 13, 2016 (81 FR 1514), the EPA relevant final rules does not create any
also included amendatory instructions new regulatory requirements such that
Designation of Areas for Air Quality that added paragraph (e) to 40 CFR affected parties would need time to
Planning Purposes; California; San 52.247. 81 FR 1514, at 1520 (column 2). prepare before the rule takes effect.
Joaquin Valley; Reclassification as As such, the amendments to 40 CFR Rather, this rule eliminates the
Serious Nonattainment for the 2006 52.247 in the two final rules are in confusion caused by designating two
PM2.5 NAAQS; Correction conflict and cannot be implemented paragraphs in 40 CFR 52.247 as
AGENCY: Environmental Protection together. The January 20, 2016 final rule paragraph (e). For these reasons, the
Agency (EPA). should have included amendatory EPA finds good cause under APA
instructions adding paragraph (f), rather section 553(d)(3) for the correction in
ACTION: Final rule; correcting
than (e). This document corrects that the amendatory instructions associated
amendment.
error. with the January 20, 2016 final rule to
SUMMARY: This document corrects a The EPA has determined that this become effective on the date of
paragraph designation error that action falls under the ‘‘good cause’’ publication of this final rule.
occurred in a January 20, 2016, final exemption in section 553(b)(B) of the
Statutory and Executive Order Reviews
rule pertaining to the Environmental Administrative Procedure Act (APA)
Protection Agency’s (EPA’s) which, upon finding ‘‘good cause,’’ Under Executive Order 12866 (58 FR
reclassification of the San Joaquin authorizes agencies to dispense with 51735, October 4, 1993), this action is
Valley in California from Moderate to public participation where public notice not a ‘‘significant regulatory action’’ and
Serious for the 2006 PM2.5 National and comment procedures are therefore is not subject to review by the
Ambient Air Quality Standards impracticable, unnecessary or contrary Office of Management and Budget. For
(NAAQS). The paragraph designation in to the public interest. Public notice and this reason, this action is also not
that rulemaking conflicts with a comment for this action are unnecessary subject to Executive Order 13211,
paragraph designation in a different because the underlying rule for which ‘‘Actions Concerning Regulations That
final rule. The EPA, therefore, is this correcting amendment has been Significantly Affect Energy Supply,
correcting the erroneous paragraph prepared was already subject to a 30-day Distribution, or Use’’ (66 FR 28355, May
designation. comment period and because the error 22, 2001). Because the agency has made
addressed herein does not change the a ‘‘good cause’’ finding that this action
DATES: This correcting amendment is regulatory language in the rule. It only is not subject to notice-and-comment
effective on June 29, 2016. changes the paragraph designation for requirements under the Administrative
FOR FURTHER INFORMATION CONTACT: the relevant regulatory language. Thus, Procedure Act or any other statute as
mstockstill on DSK3G9T082PROD with RULES
Wienke Tax, Air Planning Office (AIR– no purpose would be served by indicated in the SUPPLEMENTARY
2), U.S. Environmental Protection additional public notice and comment, INFORMATION section, above, it is not
Agency, Region IX, (415) 947–4192, and additional public notice and subject to the regulatory flexibility
tax.wienke@epa.gov. comment is unnecessary. provisions of the Regulatory Flexibility
SUPPLEMENTARY INFORMATION: The EPA The EPA also finds that there is good Act (5 U.S.C. 601 et seq.) or to sections
published a final rule document on cause under APA section 553(d)(3) for 202 and 205 of the Unfunded Mandates
January 20, 2016 (81 FR 2993) to the correction in the amendatory Reform Act of 1995 (UMRA) (Pub. L.
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![42264 Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Rules and Regulations
104–4). In addition, this action does not This action is not a ‘‘major rule’’ as FEDERAL COMMUNICATIONS
significantly or uniquely affect small defined by 5 U.S.C. 804(2). COMMISSION
governments or impose a significant
intergovernmental mandate, as Correction 47 CFR Part 2
described in sections 203 and 204 of In final rule FR Doc. 2016–00739, [ET Docket No. 13–44, RM–11652; FCC 16–
UMRA. This rule also does not have a published in the Federal Register on 74]
substantial direct effect on one or more January 20, 2016 (81 FR 2993), make the
Indian tribes, on the relationship Authorization of Radiofrequency
following correction:
between the Federal government and Equipment and Approval of Terminal
Indian tribes, or on the distribution of On page 3000, in the second column, Equipment by Telecommunications
power and responsibilities between the remove amendatory instruction 3.
Federal government and Indian tribes, AGENCY: Federal Communications
List of Subjects in 40 CFR Part 52 Commission.
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), nor Environmental protection, Air ACTION: Final rule.
will it have substantial direct effects on pollution control, Incorporation by SUMMARY: In this document the
the states, on the relationship between reference, Intergovernmental relations, Commission addresses two petitions for
the national government and the states, Particulate matter. reconsideration of its Report and Order
or on the distribution of power and
Dated: June 14, 2016. in this proceeding by describing how it
responsibilities among the various
Alexis Strauss, will implement the rules that govern
levels of government, as specified by
how it recognizes laboratories as
Executive Order 13132 (64 FR 43255, Acting Regional Administrator, Region IX.
accredited and authorized to perform
August 10, 1999). This rule also is not
Chapter I, title 40 of the Code of the compliance testing associated with
subject to Executive Order 13045,
Federal Regulations is amended as applications for equipment certification
‘‘Protection of Children from
follows: and the bodies that accredit those
Environmental Health Risks and Safety
laboratories and extending the transition
Risks’’ (62 FR 19885, April 23, 1997),
PART 52—APPROVAL AND period by which time all laboratories
because it is not economically
PROMULGATION OF that test for equipment certification
significant. In addition, this rule does
IMPLEMENTATION PLANS must have FCC-recognized accreditation
not involve technical standards, thus
to perform such testing.
the requirements of section 12(d) of the
National Technology Transfer and ■ 1. The authority citation for part 52 DATES: Effective July 29, 2016.
Advancement Act of 1995 (15 U.S.C. continues to read as follows: FOR FURTHER INFORMATION CONTACT:
272 note) do not apply. This rule also Authority: 42 U.S.C. 7401 et seq. Brian Butler, Office of Engineering and
does not impose an information Technology, (202) 418–2702, email:
collection burden under the provisions ■ 2. Section 52.247 is amended by Brian.Butler@fcc.gov, TTY (202) 418–
of the Paperwork Reduction Act of 1995 adding paragraph (f) to read as follows: 2989.
(44 U.S.C. 3501 et seq.). SUPPLEMENTARY INFORMATION:
§ 52.247 Control Strategy and regulations:
The Congressional Review Act, 5 Fine Particle Matter. 1. This document does not contain
U.S.C. 801 et seq., as added by the Small [new or modified] information
Business Regulatory Enforcement * * * * *
collection requirements subject to the
Fairness Act of 1996, generally provides (f) By August 21, 2017, California Paperwork Reduction Act of 1995
that before a rule may take effect, the must adopt and submit a Serious Area (PRA), Public Law 104–13.
agency promulgating the rule must plan to provide for attainment of the 2. This is a summary of the
submit a rule report, which includes a 2006 PM2.5 NAAQS in the San Joaquin Commission’s Memorandum Opinion &
copy of the rule, to each House of the Valley PM2.5 nonattainment area. The Order and Order on Reconsideration, ET
Congress and to the Comptroller General Serious Area plan must include Docket No. 13–44, RM–11652, FCC 16–
of the United States. Section 808 allows emissions inventories, an attainment 74, adopted May 14, 2015, and released
the issuing agency to make a rule demonstration, best available control May 15, 2016. The full text of this
effective sooner than otherwise measures, a reasonable further progress document is available for inspection
provided by the CRA if the agency plan, quantitative milestones, and copying during normal business
makes a good cause finding that notice contingency measures, and such other hours in the FCC Reference Center
and public procedure is impracticable, measures as may be necessary or (Room CY–A257), 445 12th Street SW.,
unnecessary or contrary to the public appropriate to provide for attainment of Washington, DC 20554. The full text
interest. This determination must be may be downloaded at: https://
the 2006 PM2.5 NAAQS by the
supported by a brief statement. 5 U.S.C. apps.fcc.gov/edocs_public/attachmatch/
applicable attainment date, in
808(2). As stated previously, the EPA FCC-16-74A1.docx.
has made such a good cause finding, accordance with the requirements of
People with Disabilities: To request
including the reasons therefore, and subparts 1 and 4 of part D, title I of the
materials in accessible formats for
established an effective date of June 29, Clean Air Act.
people with disabilities (braille, large
2016. The EPA will submit a report [FR Doc. 2016–15051 Filed 6–28–16; 8:45 am]
print, electronic files, audio format),
containing this rule and other required BILLING CODE 6560–50–P send an email to fcc504@fcc.gov or call
mstockstill on DSK3G9T082PROD with RULES
information to the U.S. Senate, the U.S. the Consumer & Governmental Affairs
House of Representatives, and the Bureau at 202–418–0530 (voice), 202–
Comptroller General of the United 418–0432 (tty).
States prior to publication of the rule in
the Federal Register. A major rule Synopsis
cannot take effect until 60 days after it 3. The Commission had previously
is published in the Federal Register. released a Report and Order in ET
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Document Created: 2018-02-08 07:42:33
Document Modified: 2018-02-08 07:42:33
| 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 29, 2016. | |
| Contact | Wienke Tax, Air Planning Office (AIR- 2), U.S. Environmental Protection Agency, Region IX, (415) 947-4192, [email protected] | |
| FR Citation | 81 FR 42263 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations and Particulate Matter |
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