[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Rules and Regulations]
[Pages 13190-13192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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


