[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Rules and Regulations]
[Pages 24527-24529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10931]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0772; FRL-9962-82-Region 9]


Determination of Attainment and Approval of Base Year Emissions 
Inventories for the Imperial County, California Fine Particulate Matter 
Nonattainment Area; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: On March 13, 2017, the Environmental Protection Agency (EPA) 
published a direct final rule in the Federal Register determining that 
the Imperial County, California Moderate nonattainment area (``the 
Imperial County NA'') attained the 2006 24-hour fine particulate matter 
(PM2.5) national ambient air quality standard. In the same 
action, the EPA approved a revision to California's state 
implementation plan (SIP) consisting of the 2008 emissions inventory 
for the Imperial County NA submitted by the California Air Resources 
Board (CARB or ``State'') on January 9, 2015. The EPA's description in 
regulatory text of the SIP element that was approved inadvertently 
included information unrelated to the 2008 emissions inventory. This 
document corrects the regulatory text to clarify the provisions of the 
SIP that are approved.

DATES: This correcting amendment is effective on May 30, 2017.

FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, EPA Region IX, (415) 
972-3964, [email protected].

SUPPLEMENTARY INFORMATION: This action corrects an inadvertent error in 
a rulemaking related to the EPA's approval of the 2008 emissions 
inventory for the Imperial County NA. On March 13, 2017, the EPA 
published a direct final rule approving a revision of the California 
SIP--specifically, we approved the portion of Chapter 3 of CARB's 
January 9, 2015 submittal that contains the 2008 emissions inventory 
for the Imperial County NA. This action contained amendatory 
instructions that added paragraph (484) to 40 CFR 52.220(c). However, 
in the amendatory instructions the EPA inadvertently failed to exclude 
Section 3.4.2 (``Determination of Significant Sources of 
PM2.5'') from the portions of the SIP we intended to 
approve. This document corrects that error.

[[Page 24528]]

Correction

    In the direct final rule published in the Federal Register on March 
13, 2017 (82 FR 13392), on page 13397, third column, in amendatory 
instruction 2, Sec.  52.220(c)(484)(ii)(A)(1) should have listed 
Section 3.4.2 (``Determination of Significant Sources of 
PM2.5'') among the portions of Chapter 3 that the EPA was 
excluding from its approval.
    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 underlying rule for which this correcting amendment has 
been prepared was already subject to a 30-day comment period. No 
comments were received. Further, this action, which corrects an 
inadvertent regulatory text error that was included in the EPA's March 
13, 2017 direct final rule, is consistent with the substantive revision 
to the California SIP as described in the preamble of said action 
concerning the approval of the 2008 emissions inventory for the 
Imperial County NA. Because this correction action does not change the 
EPA's analysis or overall action related to the approval of the 2008 
emissions inventory, 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 the correction in the amendatory instructions and related 
paragraph designation to become effective on the date of publication. 
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). 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 an inadvertent error in 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 the correction to 
Sec.  52.220(c)(484)(ii)(A)(1) to become effective on the date of 
publication of this final rule.

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). 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. This rule also does not have a substantial direct effect 
on one or more Indian tribes, on the relationship between the federal 
government and Indian tribes, or on the distribution of power and 
responsibilities between the federal government and Indian tribes, as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor 
will it 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 by Executive Order 13132 (64 FR 43255, August 
10, 1999). 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 May 30, 2017. 
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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

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

    Dated: May 4, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.

    Accordingly, 40 CFR part 52 is corrected by making the following 
correcting amendment:

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 paragraph (c)(484)(ii)(A)(1) 
to read as follows:


Sec.  52.220   Identification of plan--in part.

* * * * *
    (c) * * *
    (484) * * *
    (ii) * * *
    (A) * * *
    (1) ``Imperial County 2013 State Implementation Plan for the 2006 
24-Hour PM2.5 Moderate Nonattainment Area,'' adopted 
December 2, 2014, Chapter 3 (``Emissions Inventory'') excluding: 
Section 3.4.1

[[Page 24529]]

(``Determination of Significant Sources of PM2.5 
Precursors''); Section 3.4.2 (``Determination of Significant Sources of 
PM2.5''); the 2011 and 2012 winter and annual average 
inventories in Table 3.1 (``PM2.5 Emissions Inventory by 
Major Source Category 2008, 2011 and 2012 Winter and Annual Planning 
Emissions Inventories''); the 2011 and 2012 winter and annual average 
inventories in Table 3.7 (``NOX Emissions Inventory by Major 
Source Category 2008, 2011 and 2012 Winter and Annual Planning 
Emissions Inventories''); the 2011 and 2012 winter and annual average 
inventories in Table 3.8 (``VOCs Emissions Inventory by Major Source 
Category 2008, 2011 and 2012 Winter and Annual Planning Emissions 
Inventories''); the 2011 and 2012 winter and annual average inventories 
in Table 3.9 (``SOX Emissions Inventory by Major Source 
Category 2008, 2011 and 2012 Winter and Annual Planning Emissions 
Inventories''); and the 2011 and 2012 winter and annual average 
inventories in Table 3.10 (``Ammonia Emissions Inventory by Major 
Source Category 2008, 2011 and 2012 Winter and Annual Planning 
Emissions Inventories'').

[FR Doc. 2017-10931 Filed 5-26-17; 8:45 am]
 BILLING CODE 6560-50-P