[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36179-36180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13160]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0793; FRL-9947-27-Region 9]


Partial Approval and Partial Disapproval of Air Quality State 
Implementation Plans; Arizona; Infrastructure Requirements To Address 
Interstate Transport for the 2008 Ozone NAAQS; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: This document corrects an omission in the final rule document 
published on May 19, 2016, announcing the Environmental Protection 
Agency's (EPA's) approval in part and disapproval in part of State 
Implementation Plan (SIP) revisions submitted by the Arizona Department 
of Environmental Quality to address the interstate transport 
requirements of Clean Air Act section 110(a)(2)(D)(i) with respect to 
the 2008 ozone national ambient air quality standard. The correction of 
this omission does not change the EPA's final action to approve in part 
and disapprove in part these SIP revisions.

DATES: This correcting amendment is effective on June 20, 2016.

FOR FURTHER INFORMATION CONTACT: Tom Kelly, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX, (415) 972-3856, 
[email protected].

SUPPLEMENTARY INFORMATION: On March 22, 2016 (81 FR 15200), the EPA 
proposed to approve in part and to disapprove in part SIP revisions 
submitted by the Arizona Department of Environmental Quality (ADEQ) on 
December 27, 2012, and supplemented on December 3, 2015, to address the 
interstate transport requirements of Clean Air Act (CAA or Act) section 
110(a)(2)(D)(i) with respect to the 2008 ozone National Ambient Air 
Quality Standard (NAAQS). More specifically, in the March 22, 2016 
proposed rule, the EPA proposed to approve Arizona's SIP as meeting the 
interstate transport requirements of CAA section 110(a)(2)(D)(i)(I) 
prongs 1 and 2 and to disapprove Arizona's SIP with respect to the 
interstate transport requirements of CAA section 110(a)(2)(D)(i)(II) 
prong 4. Id., at 15204. No comments were submitted on the EPA's March 
22, 2016 proposed action. On May 19, 2016 (81 FR 31513), the EPA 
published a final rulemaking action announcing its approval in part and 
disapproval in part of the relevant SIP revisions as proposed on March 
22, 2016. However, in its May 19, 2016 final rule, the EPA 
inadvertently omitted the regulatory text that codifies the final 
action taken therein. This document corrects that oversight.
    The EPA has determined that this action falls under the ``good 
cause'' exemption in section 553(b)(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 are unnecessary 
because the action codified herein was already subject to a 30-day 
comment period beginning with publication of the related proposed rule 
on March 22, 2016, and as noted above, no comments were submitted. 
Thus, no purpose would be served by additional public notice and 
comment.
    The EPA also finds that there is good cause under APA section 
553(d)(3) for the regulatory text added herein to become effective on 
the same date as the final rulemaking for which the regulatory text was 
inadvertently omitted. Section 553(d)(3) of the APA allows an effective 
date 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, however, does not create any new regulatory requirements 
such that affected parties would need time to prepare before the rule 
takes effect. Rather, this rule merely adds regulatory text codifying 
the partial approval and partial disapproval action that the EPA 
published on May 19, 2016, which is 30 days from the date on which this 
rule will become effective. The May 19, 2016 final rule thus provided 
sufficient notice and time for affected parties to take appropriate 
action to the extent any action is necessary to comply with the rule. 
For these reasons, the EPA finds good cause under APA section 553(d)(3) 
for the regulatory text codified herein and associated with the May 19, 
2016 final rule to become effective on same date as the May 19, 2016 
final rule becomes effective (i.e., June 20, 2019).

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely adds regulatory text inadvertently omitted from a previous final 
rule and imposes no additional requirements beyond those imposed by 
state law. Accordingly, the Administrator certifies

[[Page 36180]]

that this rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule merely adds regulatory 
text inadvertently omitted from a previous final rule, and does not 
impose any additional enforceable duty beyond that required by state 
law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    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 as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000), nor will it impose substantial 
direct costs on tribal governments or preempt tribal law.
    This rule also does not have Federalism implications because it 
does 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 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). This rule merely corrects an inadvertent omission of 
regulatory text for a previously published final rule, and does not 
alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act (CAA). This rule also 
is not subject to Executive Order 13045 ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), because it is not economically significant. In addition, this 
rule 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. This rule also does not 
impose an information collection burden under the provisions of 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 has made such a good cause finding, including the 
reasons therefore, and established an effective date of June 20, 2016. 
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. A major rule cannot take effect until 
60 days after it is published in the Federal Register. This action is 
not a ``major rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 5, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Oxides of nitrogen, Ozone, and Volatile organic compounds.

    Dated: May 24, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.

    Part 52, 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 D--Arizona

0
2. Section 52.120 is amended by adding paragraph (c)(174) to read as 
follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (174) The following plan was submitted on December 3, 2015 by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional materials.
    (A) Arizona Department of Environmental Quality.
    (1) SIP Revision: Clean Air Act Section 110(a)(2)(D), 2008 Ozone 
National Ambient Air Quality Standards (December 3, 2015).

0
3. Section 52.123 is amended by revising paragraph (o) to read as 
follows:


Sec.  52.123  Approval status.

* * * * *
    (o) 2008 8-hour ozone NAAQS: The SIPs submitted on October 14, 
2011, December 27, 2012, and December 3, 2015 are fully or partially 
disapproved for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(i)(II), 
D(ii), (J) and (K) for all portions of the Arizona SIP.
* * * * *
[FR Doc. 2016-13160 Filed 6-3-16; 8:45 am]
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