[Federal Register Volume 86, Number 31 (Thursday, February 18, 2021)]
[Rules and Regulations]
[Pages 10016-10018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02900]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0213; FRL-10017-20-Region 9]


Air Plan Approval; California; Consumer Products Regulations; 
Correcting Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting amendment.

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SUMMARY: On September 16, 2020, the Environmental Protection Agency 
(EPA) issued a final rule titled ``Air Plan Approval; California; 
Consumer Products Regulations.'' That publication inadvertently omitted 
the amendatory instructions revising the entries that relate to 
California's Tables of Maximum Incremental Reactivity (MIR) Values in 
the table listing the approved State rules in the California state 
implementation plan (SIP). This document corrects this omission and 
revises the entries accordingly.

DATES: This rule is effective on February 18, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2020-0213. 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 (CBI) 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: Jeffrey Buss, EPA Region IX, 75 
Hawthorne Street, San Francisco, CA 94105. Phone: (415) 947-4152 or by 
email at buss.jeffrey@epa.gov.

SUPPLEMENTARY INFORMATION: On September 16, 2020 (85 FR 57703), the 
Environmental Protection Agency (EPA) issued a final rule titled ``Air 
Plan Approval; California; Consumer Products Regulations.'' That 
publication inadvertently omitted the amendatory instruction revising 
the entries for sections 94700 (``MIR Values for Compounds'') and 94701 
(``MIR Values for Hydrocarbon Solvents'') of title 17 of the California 
Code of Regulations (CCR). This action corrects the omission and 
revises the entries as intended in the September 16, 2020 final rule.
    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

[[Page 10017]]

this correcting amendment has been prepared was already subject to a 
30-day comment period, and this action merely adds amendatory 
instructions that were inadvertently omitted in the underlying rule. 
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 adds amendatory 
instructions that were inadvertently omitted 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.

Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
California rules described in the amendments to 40 CFR part 52 set 
forth below. Therefore, these materials have been approved by the EPA 
for inclusion in the SIP, have been incorporated by reference by the 
EPA into that plan, are fully federally enforceable under sections 110 
and 113 of the CAA as of the effective date of the final rulemaking of 
the EPA's approval, and will be incorporated by reference in the next 
update to the SIP compilation.\1\ The EPA has made, and will continue 
to make, these documents available through www.regulations.gov and at 
the EPA Region IX Office (please contact the person identified in the 
FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information).
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    \1\ 62 FR 27968 (May 22, 1997).
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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 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. 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 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 action adding 
missing amendatory instructions 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 
February 18, 2021. 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 action adding 
missing amendatory instructions 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

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

    Dated: February 5, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.

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

[[Page 10018]]

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. In Sec.  52.220a, amend Table 1 to paragraph (c) by revising the 
entries for ``94700'' and ``94701'' to read as follows:


Sec.  52.220a  Identification of plan--in part.

* * * * *
    (c) * * *

                            Table 1--EPA-Approved Statutes and State Regulations \1\
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                                                             State                                Additional
          State citation              Title/subject     effective date   EPA approval date       explanation
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                                                  * * * * * * *
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 Title 17 (Public Health), Division 3 (Air Resources), Chapter 1 (Air Resources Board); Subchapter 8.6 (Maximum
           Incremental Reactivity); Article 1 (Tables of Maximum Incremental Reactivity (MIR) Values)
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94700............................  MIR Values for             1/1/2015  2/18/2021, [Insert   Submitted by CARB
                                    Compounds.                           citation of          on December 1,
                                                                         publication].        2016.
94701............................  MIR Values for            10/2/2010  2/18/2021, [Insert   Submitted by CARB
                                    Hydrocarbon                          citation of          on December 1,
                                    Solvents.                            publication].        2016.
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\1\ Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable
  SIP. Table 2 of paragraph (c) lists approved California test procedures, test methods and specifications that
  are cited in certain regulations listed in table 1. Approved California statutes that are nonregulatory or
  quasi-regulatory are listed in paragraph (e).

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[FR Doc. 2021-02900 Filed 2-17-21; 8:45 am]
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