[Federal Register Volume 84, Number 147 (Wednesday, July 31, 2019)]
[Rules and Regulations]
[Pages 37103-37104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16050]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0164; FRL-9997-33-Region 9]


Revisions to the California State Implementation Plan, Feather 
River Air Quality Management District; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule, correcting amendment.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) published a direct 
final rule in the Federal Register on July 8, 2015, that approved 
revisions to the Feather River Air Quality Management District portion 
of the California State Implementation Plan (SIP) but did not include 
all the necessary amendatory language to list all the SIP revisions 
that were being approved. This document corrects this error.

DATES: This final rule is effective on July 31, 2019.

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

SUPPLEMENTARY INFORMATION: On July 8, 2015 (80 FR 38959), the EPA took 
direct final action to approve revisions to the Feather River Air 
Quality Management District (AQMD) portion of the California SIP.\1\ 
The approval covered one Feather River AQMD rule (Rule 3.8 (``Gasoline 
Dispensing Facilities'')) and three Reasonably Available Control 
Technology (RACT) SIP demonstrations from Feather River AQMD: One from 
2006 (``2006 RACT SIP''), one from 2009 (``2009 RACT SIP'') and one 
from 2014 (``2014 RACT SIP''). In our direct final action, we 
mistakenly codified our approval of Rule 3.8 twice and failed to codify 
our approval of the 2009 RACT SIP.
---------------------------------------------------------------------------

    \1\ The Feather River AQMD administers air quality management 
programs in Yuba and Sutter Counties in California.
---------------------------------------------------------------------------

    On September 8, 2015 (80 FR 53739), we corrected our July 8, 2015 
direct final action by replacing one of the listings for our approval 
of Rule 3.8 with our approval of the 2014 RACT SIP. In our September 8, 
2015 action, we also intended to replace the July 8, 2015 listing of 
the 2014 RACT SIP with the missing approval of the 2009 RACT SIP, but 
inadvertently failed to do so with the result that our approval of the 
2014 RACT SIP is now codified at both 40 CFR 52.220(c)(459) and 40 CFR 
52.220(c)(460) and the approval of the 2009 RACT SIP is still missing. 
In this action, we are revising paragraph (c)(459) to list our approval 
of the 2009 RACT SIP.
    The EPA has determined that this action falls under the ``good 
cause'' exemption in section 553(b)(3)(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 is 
unnecessary because the underlying rule for which this correcting 
amendment has been prepared was already subject to a 30-day comment 
period. Further, this action is consistent with the purpose and 
rationale of the final rule for which 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 incomplete 
amendatory instructions in a previous rulemaking. 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.

[[Page 37104]]

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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: July 16, 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 revising paragraphs (c)(459) 
introductory text and (c)(459)(ii)(A)(1) to read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (459) The following plan revision was submitted on October 27, 
2009, by the Governor's designee.
* * * * *
    (ii) * * *
    (A) * * *
    (1) Reasonably Available Control Technology State Implementation 
Plan Revision, Negative Declaration for Control Techniques Guidelines 
Issued 2006-2008 (``2009 RACT SIP''), as adopted on June 1, 2009.
* * * * *
[FR Doc. 2019-16050 Filed 7-30-19; 8:45 am]
 BILLING CODE 6560-50-P