[Federal Register Volume 85, Number 146 (Wednesday, July 29, 2020)]
[Rules and Regulations]
[Pages 45537-45539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15699]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0541; FRL-10012-17-Region 9]


Clean Air Plans; 2008 8-Hour Ozone Nonattainment Area 
Requirements; Phoenix-Mesa, Arizona; Correcting Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting amendment.

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SUMMARY: On June 2, 2020, the Environmental Protection Agency (EPA) 
issued a final rule entitled ``Clean Air Plans; 2008 8-Hour Ozone 
Nonattainment Area Requirements; Phoenix-Mesa, Arizona.'' That 
publication inadvertently omitted from the regulatory text the 
disapproval of the portion of the ``MAG 2017 Eight-Hour Ozone Moderate 
Area Plan for the Maricopa Nonattainment Area (December 2016)'' (``MAG 
2017 Ozone Plan'') that addresses the requirements for contingency 
measures for failure to attain or to make reasonable further progress 
(RFP). This document corrects this error in the regulatory text.

DATES: This rule is effective on July 29, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2019-0541. All documents in the docket are 
listed on the  https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available through https://www.regulations.gov, or please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section for 
additional availability information.

FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, 75 
Hawthorne Street, San Francisco, CA 94105. Phone: (415) 972-3848 or by 
email at levin.nancy@epa.gov.

SUPPLEMENTARY INFORMATION: On June 2, 2020, the Environmental 
Protection Agency (EPA) issued a final rule entitled ``Clean Air Plans; 
2008 8-Hour Ozone Nonattainment Area Requirements; Phoenix-Mesa, 
Arizona.'' That publication inadvertently omitted from the regulatory 
text the disapproval of the portion of the MAG 2017 Ozone Plan that 
addresses the requirements for contingency measures for failure to 
attain or to make RFP. This action corrects the omission in Section 
52.120 table 1.
    The EPA has determined that this action falls under the ``good 
cause'' exemption in section 553(b)(3)(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 is 
unnecessary because the underlying rule for which this correcting 
amendment has been prepared was already subject to a 30-day comment 
period, and this action is merely correcting a minor typographical 
error in the rule text. Further, this action is consistent with the 
purpose and rationale of the final rule, which is 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 a 
typographical error in a previous rulemaking. 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 (E.O.) 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. For this 
reason, this action is also not subject to E.O. 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001). This action is not 
an E.O. 13771 (82 FR 9339, February 2, 2017) regulatory action because 
this action is not significant under E.O. 12866. Because the agency has 
made a ``good cause'' finding that this action is not subject to 
notice-and-comment requirements under the Administrative Procedures 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. In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal

[[Page 45538]]

governments or preempt tribal law as specified by E.O. 13175 (65 FR 
67249, November 9, 2000). This rule will not 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 governments, as specified 
by E.O. 13132 (64 FR 43255, August 10, 1999). This rule also is not 
subject to E.O. 13045 (62 FR 19885, April 23, 1997), because it is not 
economically significant. This typographical correction action 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. The rule also does not involve special 
consideration of environmental justice related issues as required by 
E.O. 12898 (59 FR 7629, February 16, 1994). In issuing this rule, the 
EPA has taken the necessary steps to eliminate drafting errors and 
ambiguity, minimize potential litigation, and provide a clear legal 
standard for affected conduct, as required by section 3 of E.O. 12988 
(61 FR 4729, February 7, 1996). The EPA has complied with E.O. 12630 
(53 FR 8859, March 15, 1998) by examining the takings implications of 
the rule in accordance with the ``Attorney General's Supplemental 
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated 
Takings'' issued under the executive order. This rule does not impose 
an information collection burden under 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 had made such a good cause finding, 
including the reasons therefore, and established an effective date of 
July 29, 2020. 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. This correction to 
40 CFR part 52 for Arizona 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, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: July 15, 2020.
John Busterud,
Regional Administrator, Region IX.
    For the reasons stated in the preamble, EPA corrects Part 52, 
Chapter I, Title 40 of the Code of Federal Regulations 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 D--Arizona

0
2. In Sec.  52.120 amend table 1 in paragraph (e), under the heading 
``Part D Elements and Plans for the Metropolitan Phoenix and Tucson 
Areas,'' by removing the entry reading ``MAG 2017 Eight-Hour Ozone 
Moderate Area Plan for the Maricopa Nonattainment Area (December 
2016)'', and adding in its place in the table, an entry for ``MAG 2017 
Eight-Hour Ozone Moderate Area Plan for the Maricopa Nonattainment Area 
(December 2016) and appendices, excluding the contingency measure 
element'' to read as follows:


Sec.  52.120  Identification of plan.

* * * * *
    (e) * * *

                       Table 1--EPA-Approved Non-Regulatory and Quasi-Regulatory Measures
       [Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] \1\
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                                     Applicable
                                   geographic or
     Name of SIP provision         nonattainment     State submittal date   EPA approval date     Explanation
                                   area or title/
                                      subject
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                         The State of Arizona Air Pollution Control Implementation Plan
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                                                  * * * * * * *
MAG 2017 Eight-Hour Ozone        Phoenix-Mesa 2008  December 19, 2016.....  [INSERT Federal    Adopted by the
 Moderate Area Plan for the       8-hour ozone                               Register           Arizona
 Maricopa Nonattainment Area      nonattainment                              CITATION], 7/29/   Department of
 (December 2016) and              area.                                      2020.              Environmental
 appendices, excluding the                                                                      Quality by
 contingency measure element.                                                                   letter dated
                                                                                                December 13,
                                                                                                2016. EPA
                                                                                                approved all
                                                                                                elements except
                                                                                                the contingency
                                                                                                measure element.
 
                                                  * * * * * * *
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\1\ Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements
  (excluding Part D Elements and Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or
  Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas.


[[Page 45539]]

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[FR Doc. 2020-15699 Filed 7-28-20; 8:45 am]
BILLING CODE 6560-50-P


