[Federal Register Volume 84, Number 86 (Friday, May 3, 2019)]
[Rules and Regulations]
[Pages 19680-19681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08628]



[[Page 19679]]

Vol. 84

Friday,

No. 86

May 3, 2019

Part III





Environmental Protection Agency





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40 CFR Part 52





Air Plan Revisions; California; Correcting Amendments; Final Rule

  Federal Register / Vol. 84 , No. 86 / Friday, May 3, 2019 / Rules and 
Regulations  

[[Page 19680]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0133; FRL-9992-71-Region 9]


Air Plan Revisions; California; Correcting Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule, correcting amendment.

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SUMMARY: On February 12, 2019, the EPA published two final rules in the 
Federal Register approving certain other revisions to the California 
SIP. In these final rules, the EPA included inaccurate amendatory 
instructions that have prevented incorporation of the final actions 
into the CFR. The error will be corrected in this action.

DATES: This action is effective on May 3, 2019.

FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, (415) 972-
3073, Gong.Kevin@epa.gov.

SUPPLEMENTARY INFORMATION: This action corrects an inadvertent error in 
the amendatory instructions in final rulemakings affecting 40 CFR part 
52.
    On December 31, 2018 (83 FR 67696), the EPA published a final rule 
approving the Reasonably Available Control Technology (RACT) 
demonstration for the El Dorado County Air Quality Management District. 
This action added paragraph (c)(513) to Sec.  52.220 for the state plan 
revision submitted on January 4, 2017. On February 12, 2019, the EPA 
published two final rules at 84 FR 3302 and 84 FR 3305 approving 
various air quality planning provisions from the California Air 
Resources Board (CARB) for the South Coast Air Quality Management 
District (SCAQMD) and the San Joaquin Valley Air Pollution Control 
District (SJVAPCD) as revisions to the California SIP. These documents 
were submitted on April 27, 2017. Due to inaccurate amendatory 
instructions in both of the February 12, 2019 documents, the approval 
of the two sets of additional material was erroneously set out into 40 
CFR 52.220(c)(513), which, as noted above, with respect to the RACT 
demonstration for El Dorado County, is designated for the approvals of 
the SIP submittals made on January 4, 2017. The EPA is correcting the 
error by removing the SCAQMD and SJVAPCD provisions from paragraph 
(c)(513) and adding them in paragraph (c)(517) in this 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 typesetting errors and 
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 typesetting 
errors and 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 in 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: April 15, 2019.
Deborah Jordan,
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.

Subpart F--California

0
2. Section 52.220 is amended by removing and reserving paragraph 
(c)(513)(ii)(B) and adding reserved paragraph (c)(516) and paragraph 
(c)(517) to read as follows:


Sec.  52.220   Identification of plan--in part.

* * * * *
    (c) * * *
    (517) The following plan was submitted on April 27, 2017, by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional materials. (A) California Air Resources Board.
    (1) Resolution 17-7, 2016 State Strategy for the State 
Implementation Plan, March 23, 2017, commitments to a rulemaking 
schedule and to achieve aggregate emission reductions of 8 tons per day 
of NOX in San Joaquin Valley by 2031, and the rulemaking 
schedule included in attachment A to Resolution 17-7, only.

[[Page 19681]]

    (2) Revised Proposed 2016 State Strategy for the State 
Implementation Plan, adopted on March 23, 2017, except for the 
subchapter titled ``South Coast Commitment'' in chapter 3 (``Proposed 
SIP Commitment'').
    (B) South Coast Air Quality Management District.
    (1) The following portions of the ``Final 2016 Air Quality 
Management Plan (March 2017),'' adopted March 3, 2017: Chapter 5 
(``PM2.5 Modeling Approach''), pages 5-17 through 5-27; 
Appendix III (``Base and Future Emission Inventory''), Attachment A 
(``Annual Average Emissions by Source Category in South Coast Air 
Basin'') for PM2.5, NOX, SO2, VOC, and 
NH3 for years 2012, 2017, 2019, and 2020 and Attachment D, tables D-1, 
D-3, D-7 and D-9; Appendix IV-A (``SCAQMD's Stationary and Mobile 
Source Control Measures''), Table IV-A-4 and section 2 
(``PM2.5 Control Measures''); Appendix IV-C (``Regional 
Transportation Strategy and Control Measures''), section IV (``TCM Best 
Available Control Measure (BACM) Analysis for 2006 24-Hour and 2012 
Annual PM2.5 NAAQS''); Appendix V (``Modeling and Attainment 
Demonstration''), Chapter 7 (``24-hour PM2.5 
Demonstration'') and Attachment 8 (``24-hour Unmonitored Area Analysis 
Supplement''); Appendix VI-A (``Reasonably Available Control Measures 
(RACM)/Best Available Control Measures (BACM) Demonstration''), pages 
VI-A-13 through VI-A-42, Attachment VI-A-1 (``Evaluation of SCAQMD 
Rules and Regulations''), Attachment VI-A-2 (``Control Measure 
Assessment''), and Attachment VI-A-3 (``California Mobile Source 
Control Program Best Available Control Measures/Reasonably Available 
Control Measures Assessment''); Appendix VI-C (``Reasonable Further 
Progress (RFP) and Milestone Years''), pages VI-C-5 through VI-C-8, and 
Attachment VI-C-1 (``California Existing Mobile Source Control 
Program''); Appendix VI-D (``General Conformity and Transportation 
Conformity Budget''), pages VI-D-2 through VI-D-6 and excluding tables 
VI-D-1 through 3; and Appendix VI-F (``Precursor Requirements'').
    (2) Letter dated March 14, 2018 from Philip Fine, Deputy Executive 
Officer, Planning, Rule Development, and Area Sources, South Coast Air 
Quality Management District, to Amy Zimpfer, Associate Director, Air 
Division, EPA Region IX.
    (3) Letter dated June 15, 2018 from Philip Fine, Deputy Executive 
Officer, Planning, Rule Development, and Area Sources, South Coast Air 
Quality Management District, to Amy Zimpfer, Associate Director, Air 
Division, EPA Region IX, regarding ``Condensable and Filterable 
Portions of PM2.5 Emissions in the 2016 AQMD.''

[FR Doc. 2019-08628 Filed 5-2-19; 8:45 am]
 BILLING CODE 6560-50-P


