[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Rules and Regulations]
[Pages 18872-18873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06353]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2019-0528; FRL-10007-00-Region 9]
Air Plan Approval; California; Northern Sierra Air Quality
Management District; Reasonably Available Control Technology;
Correcting Amendment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: On January 15, 2020, the Environmental Protection Agency (EPA)
published in the Federal Register a final rule entitled ``Air Plan
Approval; California; Northern Sierra Air Quality Management District;
Reasonably Available Control Technology.'' That publication
inadvertently listed in the regulatory text the wrong document number
for a document entitled ``Control Techniques Guidelines for the Oil and
Natural Gas Industry.'' This document corrects this error in the
regulatory text.
DATES: This document is effective on April 3, 2020.
FOR FURTHER INFORMATION CONTACT: Stanley Tong, Rules Office (Air 3-2),
EPA Region IX, 75 Hawthorne St., San Francisco, CA 94105. By phone:
(415) 947-4122 or by email at [email protected].
SUPPLEMENTARY INFORMATION: On January 15, 2020 (85 FR 2313), the EPA
published a final rule entitled ``Air Plan Approval; California;
Northern Sierra Air Quality Management District; Reasonably Available
Control Technology''. This rule approved a revision to the California
State Implementation Plan under the Clean Air Act consisting of the
Northern Sierra Air Quality Management District's demonstration that
its rules satisfied applicable requirements regarding reasonably
available control technology. Due to a typographical error, the EPA's
final rule published on January 15, 2020, inadvertently listed the
wrong document number for a document entitled ``Control Techniques
Guidelines for the Oil and Natural Gas Industry,'' which could make it
difficult for members of the public to locate the document. The correct
document number and title are: EPA-453/B-16-001 Oil and Natural Gas
Industry. This action corrects the erroneous document number in Table 1
of 40 CFR 52.222(a)(9)(iv).
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, and this action is merely correcting a minor typographical
error in the rule text. Further, this action is consistent with the
purpose and rationale of the final rule, which is 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 a
typographical error 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.
Statutory and Executive Order Reviews
Under Executive Order (E.O.) 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. For this
reason, this action is also not subject to E.O. 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001). This action is not
an E.O. 13771 (82 FR 9339, February 2, 2017) regulatory action because
this action is not significant under E.O. 12866. Because the agency has
made a ``good cause'' finding that this action is not subject to
notice-and-comment requirements under the Administrative Procedures 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. In addition, 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 and will not
impose
[[Page 18873]]
substantial direct costs on tribal governments or preempt tribal law as
specified by E.O. 13175 (65 FR 67249, November 9, 2000). This rule will
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 governments,
as specified by E.O. 13132 (64 FR 43255, August 10, 1999). This rule
also is not subject to E.O. 13045 (62 FR 19885, April 23, 1997),
because it is not economically significant. This typographical
correction action 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. The rule
also does not involve special consideration of environmental justice
related issues as required by E.O. 12898 (59 FR 7629, February 16,
1994). In issuing this rule, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct, as required by
section 3 of E.O. 12988 (61 FR 4729, February 7, 1996). The EPA has
complied with E.O. 12630 (53 FR 8859, March 15, 1998) by examining the
takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This rule does not impose an information collection burden under 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 had made such a good cause finding,
including the reasons therefore, and established an effective date
April 3, 2020. 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. This correction to
40 CFR part 52 for California 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 oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: March 21, 2020.
John Busterud,
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. In section 52.222(a)(9)(iv), amend the Table titled ``Table-1 To
paragraph (a)(9)(iv)--Negative Declarations for the 2008 Ozone NAAQS''
by removing the entry for ``EPA 452/B16-001 Oil and Natural Gas
Industry.'' and adding in its place ``EPA-453/B-16-001 Oil and Natural
Gas Industry.'', to read as follows:
Sec. 52.222 Negative declarations.
(a) * * *
(9) * * *
(iv) * * *
Table 1 to Paragraph (a)(9)(iv)--Negative Declarations for the 2008
Ozone NAAQS
------------------------------------------------------------------------
CTG document No. Title
------------------------------------------------------------------------
* * * * *
EPA-453/B-16-001....................... Oil and Natural Gas Industry.
* * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 2020-06353 Filed 4-2-20; 8:45 am]
BILLING CODE 6560-50-P