83 FR 13190 - Air Plan Revisions; Salt River Pima-Maricopa Indian Community; Navajo Nation; California; Correcting Amendments

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 60 (March 28, 2018)

Page Range		13190-13192
FR Document		2018-06126

On April 29, 2011, the Environmental Protection Agency (EPA) published a direct final rule in the Federal Register redesignating a section in the air quality planning and management regulations for Indian Country; and on January 17, 2012, February 13, 2012, July 2, 2012, June 14, 2017, and June 21, 2017, the EPA published final rules in the Federal Register approving certain revisions to the California State Implementation Plan (SIP). In these final rules, the EPA included inaccurate amendatory instructions that have prevented incorporation of the final actions into the CFR. All the errors are being corrected by this action.

Federal Register, Volume 83 Issue 60 (Wednesday, March 28, 2018)

[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Rules and Regulations]
[Pages 13190-13192]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06126]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 49 and 52

[EPA-R09-OAR-2018-0133; FRL-9975-96--Region 9]


Air Plan Revisions; Salt River Pima-Maricopa Indian Community; 
Navajo Nation; California; Correcting Amendments

AGENCY: Environmental Protection Agency.

ACTION: Final rule, correcting amendment.

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

SUMMARY: On April 29, 2011, the Environmental Protection Agency (EPA) 
published a direct final rule in the Federal Register redesignating a 
section in the air quality planning and management regulations for 
Indian Country; and on January 17, 2012, February 13, 2012, July 2, 
2012, June 14, 2017, and June 21, 2017, the EPA published final rules 
in the Federal Register approving certain revisions to the California 
State Implementation Plan (SIP). In these final rules, the EPA included 
inaccurate amendatory instructions that have prevented incorporation of 
the final actions into the CFR. All the errors are being corrected by 
this action.

DATES: This action is effective on March 28, 2018.

FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, (415) 972-
3073, [email protected].

SUPPLEMENTARY INFORMATION: This action corrects inadvertent errors in 
the amendatory instructions in final rulemakings affecting 40 CFR parts 
49 and 52. An explanation of each correction is listed below.

Part 49--Indian County: Air Quality Planning and Management

    On April 29, 2011 (76 FR 23876), the EPA published a direct final 
rule that, among other actions, moved sections 49.22, 49.23 and 49.24 
out of subpart A (Tribal Authority), which is intended to include 
provisions relating generally to tribal authority regardless of the EPA 
Region in which a tribe is located, to sections 49.5511, 49.5512, and 
49.5513, respectively, in subpart L (Implementation Plans for Tribes--
Region IX) such that all implementation plan provisions that apply 
specifically to Region IX tribes are located together. However, the 
action of moving section 49.22 to 49.5511 could not be done as section 
49.5511 was already in existence at that time. In this action, the EPA 
is redesignating section 49.22 in subpart A as section 49.5515 in 
subpart L. The EPA is also taking this opportunity to add certain 
headings in subpart L for the Salt River Pima-Maricopa Indian Community 
and the Navajo Nation consistent with the other tribes included in 
subpart L.

Part 52--Approval and Promulgation of Implementation Plans

    On January 17, 2012 (77 FR 2228), the EPA published a final rule 
approving San Joaquin Valley Unified Air Pollution Control District 
(SJVUAPCD) Rule 4570 (Confined Animal Facilities) as a revision to the 
California SIP. However, the amendatory instruction was inaccurate. 
More specifically, the instructions for revisions to section 52.220 
should have added paragraph (c)(388)(i)(B)(6) rather than paragraph 
(c)(388)(i)(B)(5), which was already in existence codifying approval of 
a different provision related to SJVUAPCD's rules. Thus, the approval 
of the SJVUAPCD Rule 4570 could not be incorporated into section 
52.220(c)(388)(i)(B). The EPA is correcting the amendatory instruction 
for SJVUAPCD Rule 4570 in today's action.
    On February 13, 2012 (77 FR 7536), the EPA published a final rule 
approving SJVUAPCD Rule 4612 (Motor Vehicle and Mobile Equipment 
Coating Operations) and Rule 4653 (Adhesives and Sealants) as revisions 
to the California SIP. Due to inaccurate amendatory instructions, the 
approval of the two rules could not be incorporated into section 
52.220(c)(388)(i)(B). More specifically, the instructions for revisions 
to section 52.220 should have added paragraphs (c)(388)(i)(B)(7) and 
(c)(388)(i)(B)(8) rather than paragraphs (c)(388)(i)(B)(2) and 
(c)(388)(i)(B)(3), which were already in existence codifying approval 
of other SJVUAPCD regulatory materials. The EPA is correcting the 
amendatory instructions for SJVUAPCD Rules 4612 and 4653 in today's 
action.
    On July 2, 2012 (77 FR 39181), the EPA published a final rule 
approving

[[Page 13191]]

Yolo-Solano Air Quality Management District (YSAQMD) Rule 2.43 (Biomass 
Boilers) as a revision to the California SIP. However, the instructions 
for revisions to section 52.220 should have added paragraph 
(c)(388)(i)(H) rather than paragraph (c)(388)(i)(F), which was already 
in existence for approved rules adopted by the Mojave Desert Air 
Quality Management District. Thus, the approval of YSAQMD Rule 2.43 
could not be incorporated into section 52.220(c)(388)(i). The EPA is 
correcting the amendatory instructions for YSAQMD Rule 2.43 in today's 
action.
    On June 14, 2017 (82 FR 27125), the EPA published a final rule 
approving the Imperial County Air Pollution Control District (ICAPCD) 
Rule 206 (Processing of Applications) as a revision to the California 
SIP. However, the instructions for revisions to section 52.220 should 
have added paragraph (c)(442)(i)(A)(5) rather than paragraph 
(c)(442)(i)(A)(4), which was already in existence. Thus, the approval 
of ICAPCD Rule 206 could not be incorporated into section 
52.220(c)(442)(i)(A). The amendatory instruction for ICAPCD Rule 206 
was corrected at 82 FR 41895, 41898-41899 (September 5, 2017); however, 
the correction did not make the conforming revision to paragraph 
(c)(279)(i)(A)(16), which was added in the June 14, 2017 rulemaking and 
which deletes (with replacement) a prior version of ICAPCD Rule 206. 
The EPA is making the conforming revision in today's action.
    On June 21, 2017 (82 FR 28240), the EPA published a direct final 
rule approving Mojave Desert Air Quality Management District (MDAQMD) 
Rule 1118 (Aerospace Assembly, Rework and Component Manufacturing 
Operations) as a revision to the California SIP. However, the approval 
of MDAQMD Rule 1118 could not be incorporated into section 
52.220(c)(485) because the instructions for revisions to section 52.220 
added paragraph (c)(485)(B), which is inconsistent with the current 
format for adding paragraphs to 52.220(c). The instructions should have 
added paragraph (c)(485)(i)(B). The EPA is correcting the amendatory 
instructions for MDAQMD Rule 1118 in today's action.
    The EPA has determined that this action falls under the ``good 
cause'' exemption in section 553(b)(3)(B) of the Administrative 
Procedures Act (APA) which, upon finding ``good cause,'' authorizes 
agencies to dispense with public participation where public notice and 
comment procedures are impracticable, unnecessary, or contrary to the 
public interest. Public notice and comment for this action is 
unnecessary because the underlying rules for which this correcting 
amendment have been prepared were already subject to 30-day comment 
periods. Further, this action is consistent with the purposes and 
rationales of the final rules for which inaccurate amendatory 
instructions are being corrected herein. Because this action does not 
change the EPA's analyses or overall actions, 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 this correction to become effective on the date of 
publication of this action. Section 553(d)(3) of the APA allows an 
effective date of less than 30 days after publication ``as otherwise 
provided by the agency for good cause found and published with the 
rule.'' 5 U.S.C. 553(d)(3). The purpose of the 30-day waiting period 
prescribed in APA section 553(d)(3) is to give affected parties a 
reasonable time to adjust their 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 inaccurate 
amendatory instructions in previous rulemakings. 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.

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

40 CFR Part 49

    Environmental protection, Air pollution, Indians--lands, Indians--
tribal government.

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: March 13, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.

    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:

PART 49--INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT

0
1. The authority citation for part 49 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.


Sec.  49.22  [Redesignated as Sec.  49.5515]

0
2. Redesignate Sec.  49.22 as Sec.  49.5515, and add and reserve a new 
Sec.  49.22.

Subpart L [Amended]

0
3. Amend Subpart L by adding an undesignated center heading immediately 
before Sec.  49.5512 entitled `` ``Implementation Plan for the Navajo 
Nation''.

0
4. Amend Subpart L by adding immediately before the newly redesignated 
Sec.  49.5515 an undesignated center heading entitled ``Implementation 
Plan for the Salt River Pima-Maricopa Indian Community''.

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
5. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart F--California

0
6. Section 52.220 is amended by:
0
a. Revising paragraph (c)(279)((i)(A)(16);

[[Page 13192]]

0
b. Adding paragraphs (c)(388)(i)(B)(6), (7) and (8);
0
c. Adding paragraph (c)(388)(i)(H); and
0
d. Adding paragraph (c)(485)(i)(B).
    The additions and revisions read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (279) * * *
    (i) * * *
    (A) * * *
    (16) Previously approved on January 3, 2007 in paragraph 
(c)(279)(i)(A)(14) of this section and now deleted with replacement in 
paragraph (c)(442)(i)(A)(5) of this section, Rule 206.
* * * * *
    (388) * * *
    (i) * * *
    (B) * * *
    (6) Rule 4570, ``Confined Animal Facilities,'' amended on October 
21, 2010.
    (7) Rule 4612, ``Motor Vehicle and Mobile Equipment Coating,'' 
amended on October 21, 2010.
    (8) Rule 4653, ``Adhesives and Sealants,'' amended on September 16, 
2010.
* * * * *
    (H) Yolo-Solano Air Quality Management District.
    (1) Rule 2.43, ``Biomass Boilers,'' adopted on November 10, 2010.
* * * * *
    (485) * * *
    (i) * * *
    (B) Mojave Desert Air Quality Management District.
    (1) Rule 1118, ``Aerospace Assembly, Rework and Component 
Manufacturing Operations,'' amended on October 26, 2015.
* * * * *
[FR Doc. 2018-06126 Filed 3-27-18; 8:45 am]
 BILLING CODE 6560-50-P

13190 Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Rules and Regulations

Guard or Coast Guard Auxiliary vessel. (d) Informational broadcasts. The (Tribal Authority), which is intended to
The PATCOM may be contacted on COTP or a designated representative include provisions relating generally to
Channel 16 VHF–FM (156.8 MHz) by will inform the public through tribal authority regardless of the EPA
the call sign ‘‘PATCOM’’. Broadcast Notices to Mariners of the Region in which a tribe is located, to
(2) Persons or vessels seeking to enter enforcement period for the temporary sections 49.5511, 49.5512, and 49.5513,
into or transit through the zone must safety zone as well as any changes in the respectively, in subpart L
request permission from the COTP or a planned schedule. (Implementation Plans for Tribes—
designated representative. They may be Dated: March 20, 2018. Region IX) such that all implementation
contacted on VHF–FM channels 16 or plan provisions that apply specifically
M.R. Mclellan,
by telephone at 251–441–5976. to Region IX tribes are located together.
(3) If permission is granted, all Captain, U.S. Coast Guard, Captain of the However, the action of moving section
persons and vessels must comply with Port Sector Mobile.
49.22 to 49.5511 could not be done as
the instructions of the COTP or [FR Doc. 2018–06127 Filed 3–27–18; 8:45 am]
section 49.5511 was already in existence
designated representative. BILLING CODE 9110–04–P at that time. In this action, the EPA is
(4) All persons and vessels not redesignating section 49.22 in subpart A
registered with the event sponsor as as section 49.5515 in subpart L. The
participants or official patrol vessels are ENVIRONMENTAL PROTECTION EPA is also taking this opportunity to
considered spectators. The ‘‘official AGENCY add certain headings in subpart L for the
patrol vessels’’ consist of any Coast Salt River Pima-Maricopa Indian
Guard, state, or local law enforcement 40 CFR Parts 49 and 52 Community and the Navajo Nation
and sponsor provided vessels assigned [EPA–R09–OAR–2018–0133; FRL–9975– consistent with the other tribes included
or approved by the COTP to patrol the 96—Region 9] in subpart L.
regulated area.
(5) Spectator vessels desiring to Air Plan Revisions; Salt River Pima- Part 52—Approval and Promulgation of
transit the regulated area may do so only Maricopa Indian Community; Navajo Implementation Plans
with prior approval of the COTP or a Nation; California; Correcting On January 17, 2012 (77 FR 2228), the
designated representative and when so Amendments EPA published a final rule approving
directed by that officer will be operated San Joaquin Valley Unified Air
at a minimum safe navigation speed in AGENCY: Environmental Protection Pollution Control District (SJVUAPCD)
a manner that will not endanger Agency. Rule 4570 (Confined Animal Facilities)
participants in the zone or any other ACTION: Final rule, correcting as a revision to the California SIP.
vessels. amendment. However, the amendatory instruction
(6) No spectator vessel shall anchor, SUMMARY: On April 29, 2011, the was inaccurate. More specifically, the
block, loiter, or impede the through instructions for revisions to section
Environmental Protection Agency (EPA)
transit of participants or official patrol 52.220 should have added paragraph
published a direct final rule in the
vessels in the regulated area during the (c)(388)(i)(B)(6) rather than paragraph
Federal Register redesignating a section
effective dates and times, unless cleared (c)(388)(i)(B)(5), which was already in
in the air quality planning and
for entry by or through an official patrol existence codifying approval of a
management regulations for Indian
vessel. different provision related to
Country; and on January 17, 2012,
(7) Any spectator vessel may anchor SJVUAPCD’s rules. Thus, the approval
February 13, 2012, July 2, 2012, June 14,
outside the regulated area, but may not of the SJVUAPCD Rule 4570 could not
2017, and June 21, 2017, the EPA
anchor in, block, or loiter in a navigable be incorporated into section
published final rules in the Federal
channel. Spectator vessels may be 52.220(c)(388)(i)(B). The EPA is
Register approving certain revisions to
moored to a waterfront facility within correcting the amendatory instruction
the California State Implementation for SJVUAPCD Rule 4570 in today’s
the regulated area in such a way that
Plan (SIP). In these final rules, the EPA action.
they shall not interfere with the progress
included inaccurate amendatory On February 13, 2012 (77 FR 7536),
of the event. Such mooring must be
instructions that have prevented the EPA published a final rule
complete at least 30 minutes prior to the
incorporation of the final actions into approving SJVUAPCD Rule 4612 (Motor
establishment of the regulated area and
the CFR. All the errors are being Vehicle and Mobile Equipment Coating
remain moored through the duration of
corrected by this action. Operations) and Rule 4653 (Adhesives
the event.
(8) The COTP or a designated DATES: This action is effective on March and Sealants) as revisions to the
representative may forbid and control 28, 2018. California SIP. Due to inaccurate
the movement of all vessels in the FOR FURTHER INFORMATION CONTACT: amendatory instructions, the approval
regulated area. When hailed or signaled Kevin Gong, EPA Region IX, (415) 972– of the two rules could not be
by an official patrol vessel, a vessel shall 3073, Gong.Kevin@epa.gov. incorporated into section
come to an immediate stop and comply SUPPLEMENTARY INFORMATION: This 52.220(c)(388)(i)(B). More specifically,
with the directions given. Failure to do action corrects inadvertent errors in the the instructions for revisions to section
so may result in expulsion from the amendatory instructions in final 52.220 should have added paragraphs
area, citation for failure to comply, or rulemakings affecting 40 CFR parts 49 (c)(388)(i)(B)(7) and (c)(388)(i)(B)(8)
both. and 52. An explanation of each rather than paragraphs (c)(388)(i)(B)(2)
(9) The COTP or a designated correction is listed below. and (c)(388)(i)(B)(3), which were already
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representative may terminate the event in existence codifying approval of other
or the operation of any vessel at any Part 49—Indian County: Air Quality SJVUAPCD regulatory materials. The
time it is deemed necessary for the Planning and Management EPA is correcting the amendatory
protection of life or property. On April 29, 2011 (76 FR 23876), the instructions for SJVUAPCD Rules 4612
(10) The Patrol Commander will EPA published a direct final rule that, and 4653 in today’s action.
terminate enforcement of the safety zone among other actions, moved sections On July 2, 2012 (77 FR 39181), the
at the conclusion of the event. 49.22, 49.23 and 49.24 out of subpart A EPA published a final rule approving

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Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Rules and Regulations 13191

Yolo-Solano Air Quality Management because the underlying rules for which the U.S. Senate, the U.S. House of
District (YSAQMD) Rule 2.43 (Biomass this correcting amendment have been Representatives and the Comptroller
Boilers) as a revision to the California prepared were already subject to 30-day General of the General Accounting
SIP. However, the instructions for comment periods. Further, this action is Office prior to publication of this rule in
revisions to section 52.220 should have consistent with the purposes and the Federal Register. This rule is not a
added paragraph (c)(388)(i)(H) rather rationales of the final rules for which ‘‘major rule’’ as defined by 5 U.S.C.
than paragraph (c)(388)(i)(F), which was inaccurate amendatory instructions are 804(2).
already in existence for approved rules being corrected herein. Because this
adopted by the Mojave Desert Air action does not change the EPA’s List of Subjects
Quality Management District. Thus, the analyses or overall actions, no purpose 40 CFR Part 49
approval of YSAQMD Rule 2.43 could would be served by additional public
Environmental protection, Air
not be incorporated into section notice and comment. Consequently,
pollution, Indians—lands, Indians—
52.220(c)(388)(i). The EPA is correcting additional public notice and comment
tribal government.
the amendatory instructions for are unnecessary.
YSAQMD Rule 2.43 in today’s action. The EPA also finds that there is good 40 CFR Part 52
On June 14, 2017 (82 FR 27125), the cause under APA section 553(d)(3) for
Environmental protection, Air
EPA published a final rule approving this correction to become effective on
pollution control, Incorporation by
the Imperial County Air Pollution the date of publication of this action.
reference, Intergovernmental relations,
Control District (ICAPCD) Rule 206 Section 553(d)(3) of the APA allows an
Carbon monoxide, Nitrogen dioxide,
(Processing of Applications) as a effective date of less than 30 days after
Ozone, Particulate matter, Sulfur oxides,
revision to the California SIP. However, publication ‘‘as otherwise provided by
the instructions for revisions to section the agency for good cause found and Volatile organic compounds, Reporting
52.220 should have added paragraph published with the rule.’’ 5 U.S.C. and recordkeeping requirements.
(c)(442)(i)(A)(5) rather than paragraph 553(d)(3). The purpose of the 30-day Dated: March 13, 2018.
(c)(442)(i)(A)(4), which was already in waiting period prescribed in APA Alexis Strauss,
existence. Thus, the approval of section 553(d)(3) is to give affected Acting Regional Administrator, Region IX.
ICAPCD Rule 206 could not be parties a reasonable time to adjust their Chapter I, title 40 of the Code of
incorporated into section behavior and prepare before the final Federal Regulations is amended as
52.220(c)(442)(i)(A). The amendatory rule takes effect. This rule does not follows:
instruction for ICAPCD Rule 206 was create any new regulatory requirements
corrected at 82 FR 41895, 41898–41899 such that affected parties would need PART 49—INDIAN COUNTRY: AIR
(September 5, 2017); however, the time to prepare before the rule takes QUALITY PLANNING AND
correction did not make the conforming effect. This action merely corrects MANAGEMENT
revision to paragraph (c)(279)(i)(A)(16), inaccurate amendatory instructions in
which was added in the June 14, 2017 previous rulemakings. For these ■ 1. The authority citation for part 49
rulemaking and which deletes (with reasons, the EPA finds good cause under continues to read as follows:
replacement) a prior version of ICAPCD APA section 553(d)(3) for this correction Authority: 42 U.S.C. 7401 et seq.
Rule 206. The EPA is making the to become effective on the date of
conforming revision in today’s action. publication of this action. § 49.22 [Redesignated as § 49.5515]
On June 21, 2017 (82 FR 28240), the
Statutory and Executive Order Reviews ■ 2. Redesignate § 49.22 as § 49.5515,
EPA published a direct final rule
Under Executive Order 12866 (58 FR and add and reserve a new § 49.22.
approving Mojave Desert Air Quality
Management District (MDAQMD) Rule 51735, October 4, 1993), this action is Subpart L [Amended]
1118 (Aerospace Assembly, Rework and not a ‘‘significant regulatory action’’ and
Component Manufacturing Operations) is therefore not subject to review by the ■ 3. Amend Subpart L by adding an
as a revision to the California SIP. Office of Management and Budget. In undesignated center heading
However, the approval of MDAQMD addition, this action does not impose immediately before § 49.5512 entitled
Rule 1118 could not be incorporated any enforceable duty or contain any ‘‘ ‘‘Implementation Plan for the Navajo
into section 52.220(c)(485) because the unfunded mandate as described in the Nation’’.
instructions for revisions to section Unfunded Mandates Reform Act of 1995 ■ 4. Amend Subpart L by adding
52.220 added paragraph (c)(485)(B), (Pub. L. 104–4), or require prior immediately before the newly
which is inconsistent with the current consultation with state officials as redesignated § 49.5515 an undesignated
format for adding paragraphs to specified by Executive Order 12875 (58 center heading entitled
52.220(c). The instructions should have FR 58093, October 28, 1993), or involve ‘‘Implementation Plan for the Salt River
added paragraph (c)(485)(i)(B). The EPA special consideration of environmental Pima-Maricopa Indian Community’’.
is correcting the amendatory justice related issues as required by
instructions for MDAQMD Rule 1118 in Executive Order 12898 (59 FR 7629, PART 52—APPROVAL AND
today’s action. February 16, 1994). PROMULGATION OF
The EPA has determined that this Because this action is not subject to IMPLEMENTATION PLANS
action falls under the ‘‘good cause’’ notice-and-comment requirements
exemption in section 553(b)(3)(B) of the under the APA or any other statute, it ■ 5. The authority citation for part 52
Administrative Procedures Act (APA) is not subject to the provisions of the continues to read as follows:
which, upon finding ‘‘good cause,’’
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Regulatory Flexibility Act (5 U.S.C. 601 Authority: 42 U.S.C. 7401 et seq.
authorizes agencies to dispense with et seq.).
public participation where public notice Under 5 U.S.C. 801(a)(1)(A) as added Subpart F—California
and comment procedures are by the Small Business Regulatory
impracticable, unnecessary, or contrary Enforcement Fairness Act of 1996, the ■ 6. Section 52.220 is amended by:
to the public interest. Public notice and EPA will submit a report containing this ■ a. Revising paragraph
comment for this action is unnecessary rule and other required information to (c)(279)((i)(A)(16);

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13192 Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Rules and Regulations

■ b. Adding paragraphs (c)(388)(i)(B)(6), ENVIRONMENTAL PROTECTION I. Background
(7) and (8); AGENCY On November 13, 2017, (82 FR
■ c. Adding paragraph (c)(388)(i)(H); 52259), EPA published a notice of
40 CFR Part 52
and proposed rulemaking (NPR) for the State
■ d. Adding paragraph (c)(485)(i)(B). of Maryland. In the NPR, EPA proposed
[EPA–R03–OAR–2016–0309; FRL–9975–
approval of revisions to Maryland
The additions and revisions read as 82—Region 3]
regulations pertaining to RACT for
follows: cement kilns, revisions to and
Approval and Promulgation of Air
§ 52.220 Identification of plan—in part. Quality Implementation Plans; recodification of certain provisions for
Maryland; Reasonably Available Portland cement plants and IC engines
* * * * * at natural gas compression stations, and
Control Technology for Cement Kilns,
(c) * * * Revisions to Portland Cement removal of the obsolete NOX Reduction
(279) * * * Manufacturing Plant and Natural Gas and Trading Program that has been
(i) * * * Compression Station Regulations, and replaced by other trading programs or
Removal of Nitrogen Oxides Reduction addressed in other regulations. The
(A) * * * and Trading Program Replaced by formal SIP revision (Maryland SIP #15–
(16) Previously approved on January Other Programs and Regulations 04) was submitted on November 24,
3, 2007 in paragraph (c)(279)(i)(A)(14) of 2015 by the State of Maryland, through
AGENCY: Environmental Protection the Maryland Department of the
this section and now deleted with
Agency (EPA). Environment (MDE), for approval into
replacement in paragraph
(c)(442)(i)(A)(5) of this section, Rule ACTION: Final rule. the Maryland SIP.
206. The submission is comprised of three
SUMMARY: The Environmental Protection State actions pertaining to amendments
* * * * * Agency (EPA) is approving state to the Code of Maryland Regulations
(388) * * * implementation plan (SIP) revisions (COMAR) 26.11.01.10, COMAR
submitted by the State of Maryland. The 26.11.09.08, COMAR 26.11.29, and
(i) * * * revisions pertain to reasonably available COMAR 26.11.30. The amendments
(B) * * * control technology (RACT) for cement address the requirement for NOX RACT
(6) Rule 4570, ‘‘Confined Animal kilns, revisions to and recodification of for cement kilns for the 2008 ozone
Facilities,’’ amended on October 21, certain provisions for Portland cement national ambient air quality standards
2010. manufacturing plants (cement plants) (NAAQS), the removal of COMAR
and internal combustion (IC) engines at provisions related to the obsolete NOX
(7) Rule 4612, ‘‘Motor Vehicle and natural gas compression stations, and
Mobile Equipment Coating,’’ amended Budget Trading Program under the NOX
removal of the obsolete Nitrogen Oxides SIP Call 1 (that has been replaced by
on October 21, 2010. (NOX) Reduction and Trading Program other trading programs), the
(8) Rule 4653, ‘‘Adhesives and that has been replaced by other trading consolidation of all existing and new
Sealants,’’ amended on September 16, programs or addressed in other requirements for cement kilns into one
2010. regulations. EPA is approving these COMAR regulation, the consolidation of
* * * * * revisions in accordance with the all existing and new requirements for IC
requirements of the Clean Air Act engines into one COMAR regulation, the
(H) Yolo-Solano Air Quality (CAA). addition of new particulate matter (PM)
Management District.
DATES: This final rule is effective on monitoring requirements, and the
(1) Rule 2.43, ‘‘Biomass Boilers,’’ April 27, 2018. addition of an alternate monitoring
adopted on November 10, 2010. option for visible emissions at cement
ADDRESSES: EPA has established a
* * * * * docket for this action under Docket ID kilns. On February 17, 2017, MDE
(485) * * * Number EPA–R03–OAR–2016–0309. All provided a letter to EPA clarifying the
documents in the docket are listed on NOX RACT limits and withdrawing
(i) * * * from EPA’s consideration a provision of
the http://www.regulations.gov website.
(B) Mojave Desert Air Quality Although listed in the index, some its regulation for natural gas
Management District. information is not publicly available, compression stations.
e.g., confidential business information As explained in the NPR, three areas
(1) Rule 1118, ‘‘Aerospace Assembly,
(CBI) or other information whose or portions of areas in Maryland were
Rework and Component Manufacturing
disclosure is restricted by statute. designated as nonattainment under the
Operations,’’ amended on October 26, 2008 ozone NAAQS (77 FR 30088, May
2015. Certain other material, such as
copyrighted material, is not placed on 21, 2012). Under section 182 of the
* * * * * CAA, states must review and revise the
[FR Doc. 2018–06126 Filed 3–27–18; 8:45 am]
the internet and will be publicly
available only in hard copy form. RACT requirements in their SIP to
BILLING CODE 6560–50–P
Publicly available docket materials are ensure that these requirements would
available through http:// still be considered RACT under the
www.regulations.gov, or please contact new, more stringent NAAQS. Major
the person identified in the FOR FURTHER stationary sources of ozone precursor
2
daltland on DSKBBV9HB2PROD with RULES

INFORMATION CONTACT section for 1 See Finding of Significant Contribution and
additional availability information. Rulemaking for Certain States in the Ozone
FOR FURTHER INFORMATION CONTACT: Transport Assessment Group Region for Purposes of
Marilyn Powers, (215) 814–2308, or by Reducing Regional Transport of Ozone, 63 FR
57371 (October 27, 1998).
email at powers.marilyn@epa.gov. 2 A major stationary source of NO in a marginal
X
SUPPLEMENTARY INFORMATION: or moderate ozone nonattainment area, or in an

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Document Modified: 2018-11-01 08:56:30

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 March 28, 2018.
Contact		Kevin Gong, EPA Region IX, (415) 972- 3073, [email protected]
FR Citation		83 FR 13190
CFR Citation		40 CFR 49 40 CFR 52
CFR Associated		Environmental Protection; Air Pollution; Indians-Lands; Indians-Tribal Government; 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