81 FR 92665 - Approval and Limited Approval and Limited Disapproval of Air Quality Implementation Plans; California; Northern Sonoma County Air Pollution Control District; Stationary Source Permits; Correcting Amendment

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 244 (December 20, 2016)

Page Range		92665-92666
FR Document		2016-30186

On October 6, 2016, the Environmental Protection Agency (EPA) published a final rule in the Federal Register approving certain revisions to the Northern Sonoma County Air Pollution Control District (NSCAPCD, or the District) portion of the California State Implementation Plan (SIP), and disapproving others. The EPA indicated in this final action that these revisions would supersede certain older rules in the California SIP but inadvertently included erroneous references in the regulatory text. This document corrects the regulatory text to clarify the replacement of these superseded regulations.

Federal Register, Volume 81 Issue 244 (Tuesday, December 20, 2016)

[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Rules and Regulations]
[Pages 92665-92666]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30186]



[[Page 92665]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0240; FRL-9956-65-Region 9]


Approval and Limited Approval and Limited Disapproval of Air 
Quality Implementation Plans; California; Northern Sonoma County Air 
Pollution Control District; Stationary Source Permits; Correcting 
Amendment

AGENCY: Environmental Protection Agency.

ACTION: Final rule, correcting amendment.

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

SUMMARY: On October 6, 2016, the Environmental Protection Agency (EPA) 
published a final rule in the Federal Register approving certain 
revisions to the Northern Sonoma County Air Pollution Control District 
(NSCAPCD, or the District) portion of the California State 
Implementation Plan (SIP), and disapproving others. The EPA indicated 
in this final action that these revisions would supersede certain older 
rules in the California SIP but inadvertently included erroneous 
references in the regulatory text. This document corrects the 
regulatory text to clarify the replacement of these superseded 
regulations.

DATES: This action is effective on December 20, 2016.

FOR FURTHER INFORMATION CONTACT: Laura Yannayon, EPA Region IX, (415) 
972-3534, [email protected].

SUPPLEMENTARY INFORMATION: This action corrects inadvertent errors in a 
rulemaking related to NSCAPCD's rules governing the issuance of permits 
for stationary sources. On October 6, 2015 (81 FR 69390), the EPA 
published a rulemaking action finalizing approval of three rules, and a 
limited approval and limited disapproval of two rules as revisions to 
the California SIP. This action contained regulatory text amendments to 
40 CFR part 52, subpart F. The amendments incorporated material by 
reference into section 52.220, Identification of plan, paragraphs 
(c)(461) and (c)(480), and eleven other amendments which indicated the 
deletion, with or without replacement, of obsolete regulatory language. 
Those amendments deleting obsolete language with replacement in 
paragraph (c)(480) erroneously state that they are being replaced by 
various regulations in paragraph (c)(481). Specifically, the amendments 
at paragraphs (c)(124)(ix)(D), (c)(156)(vi)(B), (c)(162)(i)(B), 
(c)(164)(i)(B)(5), and (c)(385)(i)(B)(2) include incorrect references 
to (481), when they should be referring to (480). This action adds 
regulatory text to correct these references.
    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 October 6, 2016 final rule is consistent 
with the substantive revision to the California SIP as described in the 
preamble of said action concerning regulations governing the issuance 
of permits in NSCAPCD. 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 NSCAPCD's revisions to their rules in 
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 find 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 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 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 incorrectly referenced 40 CFR 
52.220(c)(481) in 5 instances, when they should have referenced 40 CFR 
52.220(c)(480).

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and 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 APA 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, Carbon monoxide, Nitrogen 
dioxide, Ozone, Particulate matter, Sulfur oxides, Volatile organic 
compounds, Reporting and recordkeeping requirements.

    Dated: December 1, 2016.
Alexis Strauss,
Acting 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 revising paragraphs (c)(124)(ix)(D), 
(c)(156)(vi)(B), (c)(162)(i)(B), (c)(164)(i)(B)(5), and 
(c)(385)(i)(B)(2) to read as follows:

[[Page 92666]]

Sec.  52.220   Identification of plan-in part.

* * * * *
    (c) * * *
    (124) * * *
    (ix) * * *
    (D) Previously approved on July 31, 1985 in paragraph 
(c)(124)(ix)(B) of this section and now deleted without replacement, 
Rule 130 (introductory text, b.1, n1, p5, and s2), and now deleted with 
replacement in paragraphs (c)(480)(i)(A)(3) and (4), Rules 220(c) and 
230.
* * * * *
    (156) * * *
    (vi) * * *
    (B) Previously approved on July 31, 1985 in paragraph 
(c)(156)(vi)(A) of this section and now deleted without replacement, 
Rule 130 (b2, m1, p3, p3a, and s7), and now deleted with replacement in 
Paragraph (c)(480)(i)(A)(3) of this section, Chapter II, 220(B).
* * * * *
    (162) * * *
    (i) * * *
    (B) Previously approved on July 31, 1985 in paragraph 
(c)(162)(i)(A) of this section and now deleted with replacement in 
Paragraph (c)(480)(i)(A)(3) of this section, Chapter II, 220(A).
* * * * *
    (164) * * *
    (i) * * *
    (B) * * *
    (5) Previously approved on April 17, 1987 in paragraph 
(c)(164)(i)(B)(1) of this section and now deleted without replacement, 
Rule 130 (d1 and s5), and now deleted with replacement in paragraph 
(c)(480)(i)(A)(2) of this section, rule 200(a).
* * * * *
    (385) * * *
    (i) * * *
    (B) * * *
    (2) Previously approved on May 6, 2011 in paragraph 
(c)(385)(i)(B)(1) of this section and now deleted with replacement in 
paragraph (c)(480)(i)(A)(1) of this section, Rule 130, ``Definitions,'' 
amended December 14, 2010.
* * * * *
[FR Doc. 2016-30186 Filed 12-19-16; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Rules and Regulations 92665

ENVIRONMENTAL PROTECTION (c)(164)(i)(B)(5), and (c)(385)(i)(B)(2) Statutory and Executive Order Reviews
AGENCY include incorrect references to (481),
Under Executive Order 12866 (58 FR
when they should be referring to (480). 51735, October 4, 1993), this action is
40 CFR Part 52 This action adds regulatory text to not a ‘‘significant regulatory action’’ and
[EPA–R09–OAR–2016–0240; FRL–9956–65– correct these references. is therefore not subject to review by the
Region 9] The EPA has determined that this Office of Management and Budget. In
action falls under the ‘‘good cause’’ addition, this action does not impose
Approval and Limited Approval and
exemption in section 553(b)(3)(B) of the any enforceable duty or contain any
Limited Disapproval of Air Quality
Administrative Procedures Act (APA) unfunded mandate as described in the
Implementation Plans; California;
which, upon finding ‘‘good cause,’’ Unfunded Mandates Reform Act of 1995
Northern Sonoma County Air Pollution
authorizes agencies to dispense with (Pub. L. 104–4), or require prior
Control District; Stationary Source
public participation where public notice consultation with state officials as
Permits; Correcting Amendment
and comment procedures are specified by Executive Order 12875 (58
AGENCY: Environmental Protection impracticable, unnecessary, or contrary FR 58093, October 28, 1993), or involve
Agency. to the public interest. Public notice and special consideration of environmental
ACTION: Final rule, correcting comment for this action is unnecessary justice related issues as required by
amendment. because this action correcting Executive Order 12898 (59 FR 7629,
inadvertent regulatory text errors February 16, 1994).
SUMMARY: On October 6, 2016, the included in the EPA’s October 6, 2016 Because this action is not subject to
Environmental Protection Agency (EPA) final rule is consistent with the notice-and-comment requirements
published a final rule in the Federal substantive revision to the California under the APA or any other statute, it
Register approving certain revisions to SIP as described in the preamble of said is not subject to the provisions of the
the Northern Sonoma County Air action concerning regulations governing Regulatory Flexibility Act (5 U.S.C. 601
Pollution Control District (NSCAPCD, or the issuance of permits in NSCAPCD. In et seq.).
the District) portion of the California addition, the EPA can identify no Under 5 U.S.C. 801(a)(1)(A) as added
State Implementation Plan (SIP), and particular reason why the public would by the Small Business Regulatory
disapproving others. The EPA indicated be interested in having the opportunity Enforcement Fairness Act of 1996, the
in this final action that these revisions to comment on the correction prior to EPA will submit a report containing this
would supersede certain older rules in this action being finalized, since this rule and other required information to
the California SIP but inadvertently correction action does not change the the U.S. Senate, the U.S. House of
included erroneous references in the Representatives and the Comptroller
EPA’s analysis or overall action related
regulatory text. This document corrects General of the General Accounting
to the approval of NSCAPCD’s revisions
the regulatory text to clarify the Office prior to publication of this rule in
to their rules in the California SIP.
replacement of these superseded the Federal Register. This rule is not a
regulations. The EPA also finds that there is good ‘‘major rule’’ as defined by 5 U.S.C.
cause under APA section 553(d)(3) for 804(2).
This action is effective on
DATES:
this correction to become effective on
December 20, 2016. List of Subjects in 40 CFR Part 52
the date of publication of this action.
FOR FURTHER INFORMATION CONTACT: Section 553(d)(3) of the APA allows an
Laura Yannayon, EPA Region IX, (415) Environmental protection, Air
effective date of less than 30 days after pollution control, Incorporation by
972–3534, Yannayon.Laura@epa.gov. publication ‘‘as otherwise provided by reference, Intergovernmental relations,
SUPPLEMENTARY INFORMATION: This the agency for good cause find and Carbon monoxide, Nitrogen dioxide,
action corrects inadvertent errors in a published with the rule.’’ 5 U.S.C. Ozone, Particulate matter, Sulfur oxides,
rulemaking related to NSCAPCD’s rules 553(d)(3). The purpose of the 30-day Volatile organic compounds, Reporting
governing the issuance of permits for waiting period prescribed in APA and recordkeeping requirements.
stationary sources. On October 6, 2015 section 553(d)(3) is to give affected
(81 FR 69390), the EPA published a Dated: December 1, 2016.
parties a reasonable time to adjust their
rulemaking action finalizing approval of behavior and prepare before the final Alexis Strauss,
three rules, and a limited approval and rule takes effect. This rule does not Acting Regional Administrator, Region IX.
limited disapproval of two rules as create any new regulatory requirements Accordingly, 40 CFR part 52 is
revisions to the California SIP. This such that affected parties would need corrected by making the following
action contained regulatory text time to prepare before the rule takes correcting amendments:
amendments to 40 CFR part 52, subpart
effect. This action merely corrects
F. The amendments incorporated PART 52—APPROVAL AND
inadvertent errors for the regulatory text
material by reference into section PROMULGATION OF
of the EPA’s prior rulemaking for the
52.220, Identification of plan, IMPLEMENTATION PLANS
California SIP. For these reasons, the
paragraphs (c)(461) and (c)(480), and
EPA finds good cause under APA 1. The authority citation for part 52
eleven other amendments which ■
indicated the deletion, with or without section 553(d)(3) for this correction to continues to read as follows:
replacement, of obsolete regulatory become effective on the date of
publication of this action. Authority: 42 U.S.C. 7401 et seq.
language. Those amendments deleting
mstockstill on DSK3G9T082PROD with RULES

obsolete language with replacement in Need for Correction Subpart F—California
paragraph (c)(480) erroneously state that
they are being replaced by various As published, the final regulations ■ 2. Section 52.220 is amended by
regulations in paragraph (c)(481). incorrectly referenced 40 CFR revising paragraphs (c)(124)(ix)(D),
Specifically, the amendments at 52.220(c)(481) in 5 instances, when they (c)(156)(vi)(B), (c)(162)(i)(B),
paragraphs (c)(124)(ix)(D), should have referenced 40 CFR (c)(164)(i)(B)(5), and (c)(385)(i)(B)(2) to
(c)(156)(vi)(B), (c)(162)(i)(B), 52.220(c)(480). read as follows:

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92666 Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Rules and Regulations

§ 52.220 Identification of plan-in part. ENVIRONMENTAL PROTECTION Management Division (SRMD), Office of
* * * * * AGENCY Ground Water and Drinking Water
(OGWDW) (MS 140), Environmental
(c) * * * 40 CFR Part 141 Protection Agency, 26 West Martin
(124) * * * Luther King Drive, Cincinnati, OH
[EPA–HQ–OW–2015–0218; FRL–9956–71–
(ix) * * * OW] 45268; telephone number: (513) 569–
7961; or email address: parris.brenda@
(D) Previously approved on July 31, RIN 2040–AF49 epa.gov; or Melissa Simic, SRMD,
1985 in paragraph (c)(124)(ix)(B) of this
OGWDW (MS 140), Environmental
section and now deleted without Revisions to the Unregulated
Protection Agency, 26 West Martin
replacement, Rule 130 (introductory Contaminant Monitoring Rule (UCMR
Luther King Drive, Cincinnati, Ohio
text, b.1, n1, p5, and s2), and now 4) for Public Water Systems and
45268; telephone number: (513) 569–
deleted with replacement in paragraphs Announcement of Public Meeting
7864; or email address: simic.melissa@
(c)(480)(i)(A)(3) and (4), Rules 220(c) AGENCY: Environmental Protection epa.gov. For general information,
and 230. Agency (EPA). contact the Safe Drinking Water Hotline.
* * * * * ACTION: Final rule; notice of public Callers within the United States can
(156) * * * meeting. reach the Hotline at (800) 426–4791.
The Hotline is open Monday through
(vi) * * * SUMMARY: The U.S. Environmental Friday, excluding federal holidays, from
(B) Previously approved on July 31, Protection Agency (EPA) is finalizing a 10:00 a.m. to 4:00 p.m., eastern time.
1985 in paragraph (c)(156)(vi)(A) of this Safe Drinking Water Act (SDWA) rule The Safe Drinking Water Hotline can
section and now deleted without that requires public water systems to also be found on the Internet at: https://
replacement, Rule 130 (b2, m1, p3, p3a, collect occurrence data for contaminants www.epa.gov/ground-water-and-
and s7), and now deleted with that may be present in drinking water drinking-water/safe-drinking-water-
replacement in Paragraph but are not yet subject to EPA’s drinking hotline.
(c)(480)(i)(A)(3) of this section, Chapter water standards set under the SDWA.
SUPPLEMENTARY INFORMATION:
This rule identifies eleven analytical
II, 220(B).
methods to support water system Table of Contents
* * * * * monitoring for a total of 30 chemical I. General Information
(162) * * * contaminants, consisting of nine A. Does this action apply to me?
(i) * * * cyanotoxins and one cyanotoxin group; B. What action is the Agency taking and
two metals; eight pesticides plus one why?
(B) Previously approved on July 31, pesticide manufacturing byproduct C. What is the Agency’s authority for
1985 in paragraph (c)(162)(i)(A) of this (hereinafter collectively referred to as taking this action?
section and now deleted with ‘‘pesticides’’); three brominated D. What is the estimated cost of this
replacement in Paragraph action?
haloacetic acid disinfection byproduct E. What is the applicability date?
(c)(480)(i)(A)(3) of this section, Chapter groups; three alcohols; and three II. Background
II, 220(A). semivolatile organic chemicals. EPA is A. How has EPA implemented the
* * * * * also announcing a public meeting and Unregulated Contaminant Monitoring
webinar to discuss the implementation Program?
(164) * * * B. How are the Contaminant Candidate
of the fourth Unregulated Contaminant
(i) * * * Monitoring Rule. List, the UCMR program, the Regulatory
Determination process and the NCOD
(B) * * * DATES: This final rule is effective on interrelated?
(5) Previously approved on April 17, January 19, 2017, 30 days after III. What are the key requirements of the rule,
1987 in paragraph (c)(164)(i)(B)(1) of publication in the Federal Register. The including notable changes between
this section and now deleted without incorporation by reference of certain UCMR 3, the proposed UCMR 4 and the
publications listed in the regulations is final UCMR 4?
replacement, Rule 130 (d1 and s5), and A. What contaminants are in UCMR 4?
approved by the Director of the Federal
now deleted with replacement in 1. This Rule
Register as of January 19, 2017.
paragraph (c)(480)(i)(A)(2) of this 2. Summary of Major Comments and EPA
ADDRESSES: The EPA has established a Responses
section, rule 200(a).
docket for this action under Docket ID B. What are the UCMR 4 sampling design
* * * * * No. EPA–HQ–OW–2015–0218. All and timeline of activities?
(385) * * * documents in the docket are listed on 1. Sampling Frequency, Timing
the https://www.regulations.gov Web a. This Rule
(i) * * * b. Summary of Major Comments and EPA
site. Although listed in the index, some
(B) * * * information is not publicly available, Responses
2. Phased Sample Analysis for
(2) Previously approved on May 6, e.g., confidential business information
Microcystins
2011 in paragraph (c)(385)(i)(B)(1) of (CBI) or other information whose a. This Rule
this section and now deleted with disclosure is restricted by statute. b. Summary of Major Comments and EPA
replacement in paragraph Certain other material, such as Responses
(c)(480)(i)(A)(1) of this section, Rule copyrighted material, is not placed on 3. Applicability of HAA Monitoring
mstockstill on DSK3G9T082PROD with RULES

130, ‘‘Definitions,’’ amended December the Internet and will be publicly Requirements
available only in hard copy form. a. This Rule
14, 2010. b. Summary of Major Comments and EPA
Publicly available docket materials are
* * * * * Responses
available electronically through https://
[FR Doc. 2016–30186 Filed 12–19–16; 8:45 am] 4. Representative Sampling
www.regulations.gov. a. This Rule
BILLING CODE 6560–50–P
FOR FURTHER INFORMATION CONTACT: b. Summary of Major Comments and EPA
Brenda D. Parris, Standards and Risk Responses

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Document Created: 2018-02-14 09:10:01
Document Modified: 2018-02-14 09:10:01

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 December 20, 2016.
Contact		Laura Yannayon, EPA Region IX, (415) 972-3534, [email protected]
FR Citation		81 FR 92665
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Carbon Monoxide; Nitrogen Dioxide; Ozone; Particulate Matter; Sulfur Oxides; Volatile Organic Compounds and Reporting and Recordkeeping Requirements