82 FR 24527 - Determination of Attainment and Approval of Base Year Emissions Inventories for the Imperial County, California Fine Particulate Matter Nonattainment Area; Correction
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 102 (May 30, 2017)
Federal Register Volume 82, Issue 102 (May 30, 2017)
| Page Range | 24527-24529 | |
| FR Document | 2017-10931 |
[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)] [Rules and Regulations] [Pages 24527-24529] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10931] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2016-0772; FRL-9962-82-Region 9] Determination of Attainment and Approval of Base Year Emissions Inventories for the Imperial County, California Fine Particulate Matter Nonattainment Area; Correction AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule; correcting amendment. ----------------------------------------------------------------------- SUMMARY: On March 13, 2017, the Environmental Protection Agency (EPA) published a direct final rule in the Federal Register determining that the Imperial County, California Moderate nonattainment area (``the Imperial County NA'') attained the 2006 24-hour fine particulate matter (PM2.5 ) national ambient air quality standard. In the same action, the EPA approved a revision to California's state implementation plan (SIP) consisting of the 2008 emissions inventory for the Imperial County NA submitted by the California Air Resources Board (CARB or ``State'') on January 9, 2015. The EPA's description in regulatory text of the SIP element that was approved inadvertently included information unrelated to the 2008 emissions inventory. This document corrects the regulatory text to clarify the provisions of the SIP that are approved. DATES: This correcting amendment is effective on May 30, 2017. FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, EPA Region IX, (415) 972-3964, [email protected]. SUPPLEMENTARY INFORMATION: This action corrects an inadvertent error in a rulemaking related to the EPA's approval of the 2008 emissions inventory for the Imperial County NA. On March 13, 2017, the EPA published a direct final rule approving a revision of the California SIP--specifically, we approved the portion of Chapter 3 of CARB's January 9, 2015 submittal that contains the 2008 emissions inventory for the Imperial County NA. This action contained amendatory instructions that added paragraph (484) to 40 CFR 52.220(c). However, in the amendatory instructions the EPA inadvertently failed to exclude Section 3.4.2 (``Determination of Significant Sources of PM2.5 '') from the portions of the SIP we intended to approve. This document corrects that error. [[Page 24528]] Correction In the direct final rule published in the Federal Register on March 13, 2017 (82 FR 13392), on page 13397, third column, in amendatory instruction 2, Sec. 52.220(c)(484)(ii)(A)(1) should have listed Section 3.4.2 (``Determination of Significant Sources of PM2.5 '') among the portions of Chapter 3 that the EPA was excluding from its approval. The EPA has determined that this action falls under the ``good cause'' exemption in section 553(b)(B) of the Administrative Procedure Act (APA) which, upon finding ``good cause,'' authorizes agencies to dispense with public participation where public notice and comment procedures are impracticable, unnecessary, or contrary to the public interest. Public notice and comment for this action are unnecessary because the underlying rule for which this correcting amendment has been prepared was already subject to a 30-day comment period. No comments were received. Further, this action, which corrects an inadvertent regulatory text error that was included in the EPA's March 13, 2017 direct final rule, is consistent with the substantive revision to the California SIP as described in the preamble of said action concerning the approval of the 2008 emissions inventory for the Imperial County NA. Because this correction action does not change the EPA's analysis or overall action related to the approval of the 2008 emissions inventory, no purpose would be served by additional public notice and comment. Consequently, additional public notice and comment are unnecessary. The EPA also finds that there is good cause under APA section 553(d)(3) for the correction in the amendatory instructions and related paragraph designation to become effective on the date of publication. Section 553(d)(3) of the APA allows an effective date less than 30 days after publication ``as otherwise provided by the agency for good cause found and published with the rule.'' 5 U.S.C. 553(d)(3). This rule does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. This action merely corrects an inadvertent error in the regulatory text of the EPA's prior rulemaking for the California SIP. For these reasons, the EPA finds good cause under APA section 553(d)(3) for the correction to Sec. 52.220(c)(484)(ii)(A)(1) to become effective on the date of publication of this final rule. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). Because the agency has made a ``good cause'' finding that this action is not subject to notice-and-comment requirements under the Administrative Procedure Act or any other statute as indicated in the SUPPLEMENTARY INFORMATION section, above, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) or to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not significantly or uniquely affect small governments or impose a significant intergovernmental mandate, as described in sections 203 and 204 of UMRA. This rule also does not have a substantial direct effect on one or more Indian tribes, on the relationship between the federal government and Indian tribes, or on the distribution of power and responsibilities between the federal government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified by Executive Order 13132 (64 FR 43255, August 10, 1999). This rule also is not subject to Executive Order 13045, ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because it is not economically significant. In addition, this rule does not involve technical standards, thus the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule also does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. This determination must be supported by a brief statement. 5 U.S.C. 808(2). As stated previously, the EPA has made such a good cause finding, including the reasons therefore, and established an effective date of May 30, 2017. The EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: May 4, 2017. Alexis Strauss, Acting Regional Administrator, Region IX. Accordingly, 40 CFR part 52 is corrected by making the following correcting amendment: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart F--California 0 2. Section 52.220 is amended by revising paragraph (c)(484)(ii)(A)(1) to read as follows: Sec. 52.220 Identification of plan--in part. * * * * * (c) * * * (484) * * * (ii) * * * (A) * * * (1) ``Imperial County 2013 State Implementation Plan for the 2006 24-Hour PM2.5 Moderate Nonattainment Area,'' adopted December 2, 2014, Chapter 3 (``Emissions Inventory'') excluding: Section 3.4.1 [[Page 24529]] (``Determination of Significant Sources of PM2.5 Precursors''); Section 3.4.2 (``Determination of Significant Sources of PM2.5 ''); the 2011 and 2012 winter and annual average inventories in Table 3.1 (``PM2.5 Emissions Inventory by Major Source Category 2008, 2011 and 2012 Winter and Annual Planning Emissions Inventories''); the 2011 and 2012 winter and annual average inventories in Table 3.7 (``NOX Emissions Inventory by Major Source Category 2008, 2011 and 2012 Winter and Annual Planning Emissions Inventories''); the 2011 and 2012 winter and annual average inventories in Table 3.8 (``VOCs Emissions Inventory by Major Source Category 2008, 2011 and 2012 Winter and Annual Planning Emissions Inventories''); the 2011 and 2012 winter and annual average inventories in Table 3.9 (``SOX Emissions Inventory by Major Source Category 2008, 2011 and 2012 Winter and Annual Planning Emissions Inventories''); and the 2011 and 2012 winter and annual average inventories in Table 3.10 (``Ammonia Emissions Inventory by Major Source Category 2008, 2011 and 2012 Winter and Annual Planning Emissions Inventories''). [FR Doc. 2017-10931 Filed 5-26-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations 24527
direct effect on one or more Indian For the reasons discussed in the ENVIRONMENTAL PROTECTION
tribes, on the relationship between the preamble, the Coast Guard amends 33 AGENCY
Federal Government and Indian tribes, CFR part 165 as follows:
or on the distribution of power and 40 CFR Part 52
responsibilities between the Federal PART 165—REGULATED NAVIGATION
Government and Indian tribes. If you AREAS AND LIMITED ACCESS AREAS [EPA–R09–OAR–2016–0772; FRL–9962–82–
believe this rule has implications for Region 9]
federalism or Indian tribes, please ■ 1. The authority citation for part 165
contact the person listed in the FOR continues to read as follows: Determination of Attainment and
FURTHER INFORMATION CONTACT section Approval of Base Year Emissions
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Inventories for the Imperial County,
above.
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; California Fine Particulate Matter
E. Unfunded Mandates Reform Act Department of Homeland Security Delegation Nonattainment Area; Correction
No. 0170.1.
The Unfunded Mandates Reform Act AGENCY: Environmental Protection
of 1995 (2 U.S.C. 1531–1538) requires ■ 2. Add § 165.T09–0408 to read as
Agency (EPA).
Federal agencies to assess the effects of follows:
ACTION: Final rule; correcting
their discretionary regulatory actions. In § 165.T09–0408 Safety Zone; Buffalo amendment.
particular, the Act addresses actions Carnival, Buffalo Outer Harbor; Buffalo, NY.
that may result in the expenditure by a SUMMARY: On March 13, 2017, the
State, local, or tribal government, in the (a) Location. This zone will Environmental Protection Agency (EPA)
aggregate, or by the private sector of encompass all waters of Buffalo Outer published a direct final rule in the
$100,000,000 (adjusted for inflation) or Harbor, Buffalo, NY contained within a Federal Register determining that the
more in any one year. Though this rule 280-foot radius of position 42°52″10.76″ Imperial County, California Moderate
will not result in such an expenditure, N. and 078°52′56.01″ W. (NAD 83). nonattainment area (‘‘the Imperial
we do discuss the effects of this rule (b) Enforcement period. This rule is County NA’’) attained the 2006 24-hour
elsewhere in this preamble. effective on May 28, 2017 from 8:45 fine particulate matter (PM2.5) national
F. Environment p.m. until 9:45 p.m. ambient air quality standard. In the
same action, the EPA approved a
(c) Regulations. (1) In accordance with revision to California’s state
We have analyzed this rule under
the general regulations in § 165.23 of implementation plan (SIP) consisting of
Department of Homeland Security
this part, entry into, transiting, or the 2008 emissions inventory for the
Management Directive 023–01 and
Commandant Instruction M16475.lD, anchoring within this safety zone is Imperial County NA submitted by the
which guide the Coast Guard in prohibited unless authorized by the California Air Resources Board (CARB
complying with the National Captain of the Port Buffalo or his or ‘‘State’’) on January 9, 2015. The
Environmental Policy Act of 1969 (42 designated on-scene representative. EPA’s description in regulatory text of
U.S.C. 4321–4370f), and have (2) This safety zone is closed to all the SIP element that was approved
determined that it is one of a category vessel traffic, except as may be inadvertently included information
of actions that do not individually or permitted by the Captain of the Port unrelated to the 2008 emissions
cumulatively have a significant effect on Buffalo or his designated on-scene inventory. This document corrects the
the human environment. This rule representative. regulatory text to clarify the provisions
creates a temporary safety zone and is of the SIP that are approved.
(3) The ‘‘on-scene representative’’ of
categorically excluded under section DATES: This correcting amendment is
2.B.2, figure 2–1, paragraph 34(g) of the the Captain of the Port Buffalo is any
effective on May 30, 2017.
Instruction, which pertains to Coast Guard commissioned, warrant or
petty officer who has been designated FOR FURTHER INFORMATION CONTACT:
establisnment of safety zones. A Record Ginger Vagenas, EPA Region IX, (415)
of Environmental Consideration (REC) by the Captain of the Port Buffalo to act
on his behalf. 972–3964, Vagenas.Ginger@epa.gov.
supporting this determination is
SUPPLEMENTARY INFORMATION: This
available in the docket where indicated (4) Vessel operators desiring to enter
in the ADDRESSES section of this action corrects an inadvertent error in a
or operate within the safety zone must
preamble. rulemaking related to the EPA’s
contact the Captain of the Port Buffalo
approval of the 2008 emissions
G. Protest Activities or his on-scene representative to obtain inventory for the Imperial County NA.
permission to do so. The Captain of the On March 13, 2017, the EPA published
The Coast Guard respects the First Port Buffalo or his on-scene a direct final rule approving a revision
Amendment rights of protesters. representative may be contacted via of the California SIP—specifically, we
Protesters are asked to contact the VHF Channel 16. Vessel operators given approved the portion of Chapter 3 of
person listed in the FOR FURTHER permission to enter or operate in the CARB’s January 9, 2015 submittal that
INFORMATION CONTACT section to safety zone must comply with all contains the 2008 emissions inventory
coordinate protest activities so that your directions given to them by the Captain for the Imperial County NA. This action
message can be received without of the Port Buffalo, or his on-scene contained amendatory instructions that
jeopardizing the safety or security of representative. added paragraph (484) to 40 CFR
sradovich on DSK3GMQ082PROD with RULES
people, places or vessels. 52.220(c). However, in the amendatory
Dated: May 23, 2017.
List of Subjects in 33 CFR Part 165 instructions the EPA inadvertently
J.S. Dufresne,
failed to exclude Section 3.4.2
Harbors, Marine safety, Navigation Captain, U.S. Coast Guard, Captain of the (‘‘Determination of Significant Sources
Port Buffalo.
(water), Reporting and recordkeeping of PM2.5’’) from the portions of the SIP
requirements, Security measures, [FR Doc. 2017–11026 Filed 5–26–17; 8:45 am] we intended to approve. This document
Waterways. BILLING CODE 9110–04–P corrects that error.
VerDate Sep<11>2014 17:28 May 26, 2017 Jkt 241001 PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 E:\FR\FM\30MYR1.SGM 30MYR1](https://thefederalregister.org/doc/82_FR_24629/page/1.svg)
![Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations 24529
(‘‘Determination of Significant Sources part 52 are available for inspection at II. EPA Action
of PM2.5 Precursors’’); Section 3.4.2 the following locations: Air Protection In this action, EPA is announcing the
(‘‘Determination of Significant Sources Division, U.S. Environmental Protection update to the IBR material as of July 1,
of PM2.5’’); the 2011 and 2012 winter Agency, Region III, 1650 Arch Street, 2016 and revising the text within 40
and annual average inventories in Table Philadelphia, Pennsylvania 19103; or CFR 52.420(b). EPA is revising our 40
3.1 (‘‘PM2.5 Emissions Inventory by NARA. For information on the CFR part 52 ‘‘Identification of Plan’’ for
Major Source Category 2008, 2011 and availability of this material at NARA, the State of Delaware regarding
2012 Winter and Annual Planning call 202–741–6030, or go to: http:// incorporation by reference, section
Emissions Inventories’’); the 2011 and www.archives.gov/federal_register/ 52.420(b). EPA is revising section
2012 winter and annual average code_of_federal_regulations/ibr_ 52.420(b)(1) to clarify that all SIP
inventories in Table 3.7 (‘‘NOX locations.html. revisions listed in paragraphs (c) and
Emissions Inventory by Major Source
(d), regardless of inclusion in the most
Category 2008, 2011 and 2012 Winter FOR FURTHER INFORMATION CONTACT:
recent ‘‘update to the SIP compilation,’’
and Annual Planning Emissions Gavin Huang, (215) 814–2042 or by
are fully federally enforceable under
Inventories’’); the 2011 and 2012 winter email at huang.gavin@epa.gov. sections 110 and 113 of the CAA as of
and annual average inventories in Table
3.8 (‘‘VOCs Emissions Inventory by SUPPLEMENTARY INFORMATION: the effective date of the final rulemaking
Major Source Category 2008, 2011 and in which EPA approved the SIP
I. Background revision, consistent with following our
2012 Winter and Annual Planning
Emissions Inventories’’); the 2011 and The SIP is a living document which ‘‘Approval and Promulgations of Air
2012 winter and annual average a state revises as necessary to address its Quality Implementation Plans; Revised
inventories in Table 3.9 (‘‘SOX unique air pollution problems. Format of 40 CFR part 52 for Materials
Emissions Inventory by Major Source Therefore, EPA, from time to time, must Being Incorporated by Reference,’’
Category 2008, 2011 and 2012 Winter effective May 22, 1997 (62 FR 27968).
take action on SIP revisions containing
and Annual Planning Emissions EPA is revising section 52.420(b)(2) to
new and/or revised regulations as being
Inventories’’); and the 2011 and 2012 clarify references to other portions of
part of the SIP. On May 22, 1997 (62 FR
winter and annual average inventories paragraph (b) with subparagraph (b)(2).
27968), EPA revised the procedures for
in Table 3.10 (‘‘Ammonia Emissions EPA is revising section (b)(3) to update
incorporating by reference federally-
Inventory by Major Source Category address and contact information.
approved SIPs, as a result of
2008, 2011 and 2012 Winter and Annual consultations between EPA and the III. Good Cause Exemption
Planning Emissions Inventories’’). Office of the Federal Register (OFR). The EPA has determined that this rule
[FR Doc. 2017–10931 Filed 5–26–17; 8:45 am] description of the revised SIP falls under the ‘‘good cause’’ exemption
BILLING CODE 6560–50–P document, IBR procedures and in section 553(b)(3)(B) of the
‘‘Identification of plan’’ format are Administrative Procedures Act (APA)
discussed in further detail in the May which, upon finding ‘‘good cause,’’
ENVIRONMENTAL PROTECTION 22, 1997 Federal Register document. On authorizes agencies to dispense with
AGENCY December 7, 1998 (63 FR 67407), EPA public participation and section
40 CFR Part 52 published a document in the Federal 553(d)(3) which allows an agency to
Register beginning the new IBR make a rule effective immediately
[DE104–1104; FRL–9961–26–Region 3] procedure for Delaware. On June 21, (thereby avoiding the 30-day delayed
2004 (69 FR 34285), April 3, 2007 (72 effective date otherwise provided for in
Approval and Promulgation of Air FR 15839), April 17, 2009 (74 FR the APA). This rule simply codifies
Quality Implementation Plans;
17771), and May 2, 2011 (76 FR 24372), provisions which are already in effect as
Delaware; Update to Materials
September 24, 2013 (78 FR 58465), EPA a matter of law in federal and approved
Incorporated by Reference
published updates to the IBR material state programs. Under section 553 of the
AGENCY: Environmental Protection for Delaware. Since the publication of APA, an agency may find good cause
Agency (EPA). the last IBR update, EPA has approved where procedures are ‘‘impractical,
ACTION: Final rule; administrative regulatory changes to the following unnecessary, or contrary to the public
change. Delaware revised regulations: interest.’’ Public comment is
1. 7 DNREC regulation 1103 (Ambient ‘‘unnecessary’’ and ‘‘contrary to the
SUMMARY: The Environmental Protection public interest’’ since the codification
Agency (EPA) is updating the materials Air Quality Standards), sections 1.0
(General Provisions), 4.0 (Sulfur only reflects existing law. Immediate
that are incorporated by reference (IBR) notice in the CFR benefits the public by
into the Delaware state implementation Dioxide), 6.0 (Ozone), 8.0 (Nitrogen
removing outdated citations and
plan (SIP). The regulations affected by Dioxide), 10.0 (Lead), and 11.0 (PM10
incorrect table entries.
this update have been previously and PM2.5 Particulates).
submitted by the Delaware Department 2. 7 DNREC regulation 1140 IV. Incorporation by Reference
of Natural Resources and Environmental (Delaware Low Emission Vehicle In this rule, EPA is finalizing
Control (DNREC) and approved by EPA. Program), sections 1.0 (Purpose), 2.0 regulatory text that includes
This update affects the SIP materials (Applicability), 3.0 (Definitions), 4.0 incorporation by reference. In
that are available for public inspection (Emission Certification Standards), 5.0 accordance with requirements of 1 CFR
sradovich on DSK3GMQ082PROD with RULES
at the National Archives and Records (New Vehicle Emission Requirements), 51.5, EPA is finalizing the incorporation
Administration (NARA) and the EPA 6.0 (Manufacturer Fleet Requirements), by reference of previously EPA
Regional Office. 7.0 (Warranty), 8.0 (Reporting and approved regulations promulgated by
DATES: This action is effective May 30, Record-Keeping Requirements), 9.0 the State of Delaware and federally
2017. (Enforcement), 10.0 (Incorporation by effective prior to July 1, 2016. Therefore,
ADDRESSES: SIP materials which are Reference), 11.0 (Document these materials have been approved by
incorporated by reference into 40 CFR Availability), and 12.0 (Severability). EPA for inclusion in the SIP, have been
VerDate Sep<11>2014 17:28 May 26, 2017 Jkt 241001 PO 00000 Frm 00075 Fmt 4700 Sfmt 4700 E:\FR\FM\30MYR1.SGM 30MYR1](https://thefederalregister.org/doc/82_FR_24629/page/3.svg)
Document Created: 2018-11-08 08:54:59
Document Modified: 2018-11-08 08:54:59
| 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 May 30, 2017. | |
| Contact | Ginger Vagenas, EPA Region IX, (415) 972-3964, Vagenas.G[email protected] | |
| FR Citation | 82 FR 24527 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR