[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Rules and Regulations]
[Pages 59610-59611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24953]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0246; FRL-9931-19-Region 9]


Revisions to the California State Implementation Plan, Butte 
County Air Quality Management District, Feather River Air Quality 
Management District, and San Luis Obispo County Air Pollution Control 
District; Correcting Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: On June 11, 2015, the Environmental Protection Agency (EPA) 
published a final rule in the Federal Register approving a revision to 
the Butte County Air Quality Management District (BCAQMD) portion of 
the California State Implementation Plan (SIP). In that rulemaking, the 
EPA indicated that final approval of the revision would supersede 
certain older rules in the California SIP but failed to include 
regulatory text to that effect. This document adds appropriate 
regulatory text to correct that omission, clarifying the specific 
regulations that were superseded and that are no longer part of the 
applicable California SIP, and adds a line of text identifying the 
affected air quality district that was missing in the original action.

DATES: This action is effective on October 2, 2015.

FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, (415) 972-
3073, [email protected].

SUPPLEMENTARY INFORMATION: This action corrects inadvertent errors in a 
rulemaking related to BCAQMD's SIP-approved definitions. On June 11, 
2015 (80 FR 33195), the EPA published a direct final rulemaking action 
approving revisions to various sections of the California State 
Implementation Plan (SIP). This action contained regulatory text 
amendments to 40 CFR part 52, subpart F. The amendments, which 
incorporated material by reference into section 52.220, Identification 
of plan, paragraph (c)(457), omitted regulatory language that addressed 
the replacement of Butte County Air Pollution Control District (BCAPCD) 
Rule 101--``Title'' and parts of BCAPCD Rule 102--``Definitions'' with 
BCAQMD Rule 101--``Definitions'' as described in Footnote 1 of 80 FR 
33195. This action adds regulatory text to clarify the rules or 
portions of rules that were superseded in the Butte County AQMD portion 
of the California SIP by our June 11, 2015 direct final 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 this action correcting inadvertent regulatory text 
errors included in the EPA's June 11, 2015 final rule is consistent 
with the substantive revision to the California SIP as described in the 
preamble of said action concerning definitions for the BCAQMD portion 
of the California SIP. In addition, the EPA can identify no particular 
reason why the public would be interested in having the opportunity to 
comment on the correction prior to this action being finalized, since 
this correction action does not change the EPA's analysis or overall 
action related to the approval of BCAQMD's revisions to their 
definitions into the California SIP.
    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 behaviour and prepare before the final 
rule takes effect. This rule, however, does not create any new 
regulatory requirements such that affected parties would need time to 
prepare before the rule takes effect. Rather, this action merely 
corrects inadvertent errors for the regulatory text of the EPA's prior 
rulemaking for the California SIP. 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.

Need for Correction

    As published, the final regulations omitted amendatory language 
that addressed the replacement of BCAQMD Rule 101.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and

[[Page 59611]]

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 Administrative Procedure Act 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, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: September 14, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Accordingly, 40 CFR part 52 is corrected 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 F--California

0
2. Section 52.220 is amended by:
0
a. Revising paragraph (c)(168)(i)(A)(7); and
0
b. Revising paragraph (c)(457)(i)(C).
    The revised text reads as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (168) * * *
    (i) * * *
    (A) * * *
    (7) Previously approved on February 3, 1987 in paragraph 
(c)(168)(i)(A)(1) of this section and now deleted with replacement in 
paragraph (c)(457)(i)(C)(1): Rule 101 ``Title'' and Rule 102 
``Definitions'', except for the following definitions from existing SIP 
BCAPCD Rule 102: ``approved ignition devices,'' ``open out-door fire'', 
``permissive burn day,'' ``range improvement burning,'' ``submerged 
fill pipe,'' and ``vapor recovery system.''.
* * * * *
    (457) * * *
    (i) * * *
    (C) Butte County Air Quality Management District.
    (1) Rule 101, ``Definitions,'' amended on April 24, 2014.
* * * * *

[FR Doc. 2015-24953 Filed 10-1-15; 8:45 am]
 BILLING CODE 6560-50-P