[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Rules and Regulations]
[Pages 92665-92666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30186]



[[Page 92665]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0240; FRL-9956-65-Region 9]


Approval and Limited Approval and Limited Disapproval of Air 
Quality Implementation Plans; California; Northern Sonoma County Air 
Pollution Control District; Stationary Source Permits; Correcting 
Amendment

AGENCY: Environmental Protection Agency.

ACTION: Final rule, correcting amendment.

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SUMMARY: On October 6, 2016, the Environmental Protection Agency (EPA) 
published a final rule in the Federal Register approving certain 
revisions to the Northern Sonoma County Air Pollution Control District 
(NSCAPCD, or the District) portion of the California State 
Implementation Plan (SIP), and disapproving others. The EPA indicated 
in this final action that these revisions would supersede certain older 
rules in the California SIP but inadvertently included erroneous 
references in the regulatory text. This document corrects the 
regulatory text to clarify the replacement of these superseded 
regulations.

DATES: This action is effective on December 20, 2016.

FOR FURTHER INFORMATION CONTACT: Laura Yannayon, EPA Region IX, (415) 
972-3534, [email protected].

SUPPLEMENTARY INFORMATION: This action corrects inadvertent errors in a 
rulemaking related to NSCAPCD's rules governing the issuance of permits 
for stationary sources. On October 6, 2015 (81 FR 69390), the EPA 
published a rulemaking action finalizing approval of three rules, and a 
limited approval and limited disapproval of two rules as revisions to 
the California SIP. This action contained regulatory text amendments to 
40 CFR part 52, subpart F. The amendments incorporated material by 
reference into section 52.220, Identification of plan, paragraphs 
(c)(461) and (c)(480), and eleven other amendments which indicated the 
deletion, with or without replacement, of obsolete regulatory language. 
Those amendments deleting obsolete language with replacement in 
paragraph (c)(480) erroneously state that they are being replaced by 
various regulations in paragraph (c)(481). Specifically, the amendments 
at paragraphs (c)(124)(ix)(D), (c)(156)(vi)(B), (c)(162)(i)(B), 
(c)(164)(i)(B)(5), and (c)(385)(i)(B)(2) include incorrect references 
to (481), when they should be referring to (480). This action adds 
regulatory text to correct these references.
    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 October 6, 2016 final rule is consistent 
with the substantive revision to the California SIP as described in the 
preamble of said action concerning regulations governing the issuance 
of permits in NSCAPCD. 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 NSCAPCD's revisions to their rules in 
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 find 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 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 incorrectly referenced 40 CFR 
52.220(c)(481) in 5 instances, when they should have referenced 40 CFR 
52.220(c)(480).

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: December 1, 2016.
Alexis Strauss,
Acting 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 revising paragraphs (c)(124)(ix)(D), 
(c)(156)(vi)(B), (c)(162)(i)(B), (c)(164)(i)(B)(5), and 
(c)(385)(i)(B)(2) to read as follows:

[[Page 92666]]

Sec.  52.220   Identification of plan-in part.

* * * * *
    (c) * * *
    (124) * * *
    (ix) * * *
    (D) Previously approved on July 31, 1985 in paragraph 
(c)(124)(ix)(B) of this section and now deleted without replacement, 
Rule 130 (introductory text, b.1, n1, p5, and s2), and now deleted with 
replacement in paragraphs (c)(480)(i)(A)(3) and (4), Rules 220(c) and 
230.
* * * * *
    (156) * * *
    (vi) * * *
    (B) Previously approved on July 31, 1985 in paragraph 
(c)(156)(vi)(A) of this section and now deleted without replacement, 
Rule 130 (b2, m1, p3, p3a, and s7), and now deleted with replacement in 
Paragraph (c)(480)(i)(A)(3) of this section, Chapter II, 220(B).
* * * * *
    (162) * * *
    (i) * * *
    (B) Previously approved on July 31, 1985 in paragraph 
(c)(162)(i)(A) of this section and now deleted with replacement in 
Paragraph (c)(480)(i)(A)(3) of this section, Chapter II, 220(A).
* * * * *
    (164) * * *
    (i) * * *
    (B) * * *
    (5) Previously approved on April 17, 1987 in paragraph 
(c)(164)(i)(B)(1) of this section and now deleted without replacement, 
Rule 130 (d1 and s5), and now deleted with replacement in paragraph 
(c)(480)(i)(A)(2) of this section, rule 200(a).
* * * * *
    (385) * * *
    (i) * * *
    (B) * * *
    (2) Previously approved on May 6, 2011 in paragraph 
(c)(385)(i)(B)(1) of this section and now deleted with replacement in 
paragraph (c)(480)(i)(A)(1) of this section, Rule 130, ``Definitions,'' 
amended December 14, 2010.
* * * * *
[FR Doc. 2016-30186 Filed 12-19-16; 8:45 am]
 BILLING CODE 6560-50-P