
[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)]
[Rules and Regulations]
[Pages 42263-42264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15051]


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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.

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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


