[Federal Register Volume 86, Number 52 (Friday, March 19, 2021)]
[Rules and Regulations]
[Pages 14832-14834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05514]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R09-OAR-2019-0145; FRL-10019-97-Region 9]


Approval and Promulgation of Implementation Plans; Designation of 
Areas for Air Quality Planning Purposes; California; South Coast 
Moderate Area Plan and Reclassification as Serious Nonattainment for 
the 2012 PM2.5 NAAQS; Correcting Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting amendment.

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SUMMARY: On November 9, 2020, the Environmental Protection Agency (EPA) 
issued a final rule titled ``Approval and Promulgation of 
Implementation Plans; Designation of Areas for Air Quality Planning 
Purposes; California; South Coast Moderate Area Plan and 
Reclassification as Serious Nonattainment for the 2012 PM2.5 
NAAQS.'' That publication inadvertently omitted from the description of 
the Riverside County portion of the designated area, language 
indicating that the lands of the Santa Rosa Band of Cahuilla Mission 
Indians and Pechanga Band of Luiseno Mission Indians of the Pechanga 
Reservation are excluded from that portion of the Los Angeles-South 
Coast Air Basin nonattainment area for the 2012 national ambient air 
quality standard (NAAQS) for fine particulate matter 
(PM2.5). This document corrects the error in the regulatory 
text.

DATES: This rule is effective on March 19, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2019-0145. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available through https://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information. If you need assistance 
in a language other than English or if you are a person with 
disabilities who needs a reasonable accommodation at no cost to you, 
please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Ashley Graham, Air Planning Office 
(AIR-2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105, 
(415) 972-3877 or by email at [email protected].

SUPPLEMENTARY INFORMATION: On November 9, 2020, the EPA issued a final 
rule titled ``Approval and Promulgation of Implementation Plans; 
Designation of Areas for Air Quality Planning Purposes; California; 
South Coast Moderate Area Plan and Reclassification as Serious 
Nonattainment for the 2012 PM2.5 NAAQS.'' \1\ That 
publication inadvertently omitted from the description of the Riverside 
County portion of the designated area, language indicating that the 
lands of the Santa Rosa Band of Cahuilla Mission Indians and Pechanga 
Band of Luiseno Mission Indians of the Pechanga Reservation are 
excluded from that portion of the Los Angeles-South Coast Air Basin 
nonattainment area for the 2012 PM2.5 NAAQS. This action 
corrects the omission and revises the entry as intended in the November 
9, 2020 final rule.
    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 are 
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 merely corrects an 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.
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    \1\ 85 FR 71264.
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    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 an 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

    This action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is not subject to the regulatory flexibility provisions of 
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
     Is not subject to sections 202 and 205 of the Unfunded 
Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4);
     Does not impose a significant intergovernmental mandate or 
significantly or uniquely affect small governments, as described in 
sections 203 and 204 of the UMRA;
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because this error correction action does not involve technical 
standards; and
     Does not involve special consideration of environmental 
justice related issues as required by Executive Order 12898 (59 FR 
7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land

[[Page 14833]]

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 substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 Executive Order 12988 (61 FR 4729, February 7, 1996). The 
EPA has complied with Executive Order 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.
    The Congressional Review Act (CRA) (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 
March 19, 2021. 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 81 for California is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, Particulate 
matter.

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

    Dated: March 11, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
    For the reasons stated in the preamble, the EPA corrects Part 81, 
Chapter I, Title 40 of the Code of Federal Regulations by making the 
following correcting amendments:

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
1. The authority citation for Part 81 continues to read as follows:

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

Subpart C--Section 107 Attainment Status Designations

0
2. In section 81.305 amend the table titled ``California--2012 Annual 
PM2.5 NAAQS [Primary],'' by revising the entries under 
``Riverside County (part)'' under ``Los Angeles-South Coast Air Basin, 
CA'' to read as follows:


Sec.  81.305  California.

* * * * *

                                       California--2012 Annual PM2.5 NAAQS
                                                    [Primary]
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                                                Designation                             Classification
     Designated area \1\     -----------------------------------------------------------------------------------
                                     Date \2\                  Type                  Date \2\            Type
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Los Angeles-South Coast Air
 Basin, CA:
 
                                                  * * * * * * *
    Riverside County (part):  ......................  Nonattainment.........  December 9, 2020......  Serious.
     That portion of
     Riverside County which
     lies to the west of a
     line described as
     follows: Beginning at
     the Riverside-San Diego
     County boundary and
     running north along the
     range line common to
     Range 4 East and Range
     3 East, San Bernardino
     Base and Meridian; then
     east along the Township
     line common to Township
     8 South and Township 7
     South; then north along
     the range line common
     to Range 5 East and
     Range 4 East; then west
     along the Township line
     common to Township 6
     South and Township 7
     South to the southwest
     corner of Section 34,
     Township 6 South, Range
     4 East; then north
     along the west
     boundaries of Sections
     34, 27, 22, 15, 10, and
     3, Township 6 South,
     Range 4 East; then west
     along the Township line
     common to Township 5
     South and Township 6
     South; then north along
     the range line common
     to Range 4 East and
     Range 3 East; then west
     along the south
     boundaries of Sections
     13, 14, 15, 16, 17, and
     18, Township 5 South,
     Range 3 East; then
     north along the range
     line common to Range 2
     East and Range 3 East;
     to the Riverside-San
     Bernardino County line
     (excluding the lands of
     the Santa Rosa Band of
     Cahuilla Mission
     Indians, and excluding
     the lands of the
     Pechanga Band of
     Luiseno Mission Indians
     of the Pechanga
     Reservation).
 
                                                  * * * * * * *
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\1\ Includes areas of Indian country located in each county or area, except as otherwise specified.
\2\ This date is April 15, 2015, unless otherwise noted.


[[Page 14834]]

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[FR Doc. 2021-05514 Filed 3-18-21; 8:45 am]
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