Revisions to the California State Implementation Plan, Butte County Air Quality Management District, Feather River Air Quality Management District, and San Luis Obispo County Air Pollution Control District; Correcting Amendment, 59610-59611 [2015-24953]

Download as PDF 59610 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations specific) cartridges in combination with HEPA filters. (B) NIOSH-certified continuous flow supplied-air respirator equipped with a loose fitting facepiece, hood, or helmet. (C) NIOSH-certified negative pressure (demand) supplied-air respirator with a full facepiece. (ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(o). (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph. (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125 (a), (b), (c), (d) and (i) are applicable to manufacturers, importers, and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. 26. Add § 721.10874 to subpart E to read as follows: ■ asabaliauskas on DSK5VPTVN1PROD with RULES § 721.10874 Polymer of isophorone diisocyanate and amine-terminated propoxylatedpolyol (generic). (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as polymer of isophorone diisocyanate and amine-terminated propoxylatedpolyol (PMN P–15–278) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. (2) The significant new uses are: (i) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80. The significant new use is manufacture of the substance where the average molecular weight is below 2500 daltons and where any molecular weight species is below 1000 daltons. (ii) [Reserved] (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph. (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125 (a), (b), (c) and (i) are applicable to manufacturers, importers, and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. [FR Doc. 2015–24846 Filed 10–1–15; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 20:30 Oct 01, 2015 Jkt 238001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2015–0246; FRL–9931–19– Region 9] Revisions to the California State Implementation Plan, Butte County Air Quality Management District, Feather River Air Quality Management District, and San Luis Obispo County Air Pollution Control District; Correcting Amendment Environmental Protection Agency (EPA). ACTION: Final rule; correcting amendment. AGENCY: On June 11, 2015, the Environmental Protection Agency (EPA) published a final rule in the Federal Register approving a revision to the Butte County Air Quality Management District (BCAQMD) portion of the California State Implementation Plan (SIP). In that rulemaking, the EPA indicated that final approval of the revision would supersede certain older rules in the California SIP but failed to include regulatory text to that effect. This document adds appropriate regulatory text to correct that omission, clarifying the specific regulations that were superseded and that are no longer part of the applicable California SIP, and adds a line of text identifying the affected air quality district that was missing in the original action. DATES: This action is effective on October 2, 2015. FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, (415) 972– 3073, gong.kevin@epa.gov. SUPPLEMENTARY INFORMATION: This action corrects inadvertent errors in a rulemaking related to BCAQMD’s SIPapproved definitions. On June 11, 2015 (80 FR 33195), the EPA published a direct final rulemaking action approving revisions to various sections of the California State Implementation Plan (SIP). This action contained regulatory text amendments to 40 CFR part 52, subpart F. The amendments, which incorporated material by reference into section 52.220, Identification of plan, paragraph (c)(457), omitted regulatory language that addressed the replacement of Butte County Air Pollution Control District (BCAPCD) Rule 101—‘‘Title’’ and parts of BCAPCD Rule 102— ‘‘Definitions’’ with BCAQMD Rule 101—‘‘Definitions’’ as described in Footnote 1 of 80 FR 33195. This action adds regulatory text to clarify the rules or portions of rules that were SUMMARY: PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 superseded in the Butte County AQMD portion of the California SIP by our June 11, 2015 direct final action. 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 June 11, 2015 final rule is consistent with the substantive revision to the California SIP as described in the preamble of said action concerning definitions for the BCAQMD portion of the California SIP. 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 BCAQMD’s revisions to their definitions into 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 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 behaviour and prepare before the final rule takes effect. This rule, however, does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. Rather, 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 omitted amendatory language that addressed the replacement of BCAQMD Rule 101. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ‘‘significant regulatory action’’ and E:\FR\FM\02OCR1.SGM 02OCR1 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations 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 Administrative Procedure Act 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, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: September 14, 2015. Jared Blumenfeld, Regional Administrator, Region IX. PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for Part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart F—California 2. Section 52.220 is amended by: a. Revising paragraph (c)(168)(i)(A)(7); and ■ b. Revising paragraph (c)(457)(i)(C). The revised text reads as follows: asabaliauskas on DSK5VPTVN1PROD with RULES § 52.220 Identification of plan. * * * * * * * (c) * * (168) * (i) * * VerDate Sep<11>2014 * * 20:30 Oct 01, 2015 Jkt 238001 [FR Doc. 2015–24953 Filed 10–1–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R07–OAR–2015–0513; FRL–9934–98– Region 7] Approval and Promulgation of Implementation Plans; State of Missouri, Limited Maintenance Plan for the St. Louis Nonclassifiable Maintenance Area for the 8-Hour Carbon Monoxide National Ambient Air Quality Standard Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State Implementation Plan (SIP) submitted by the State of Missouri relating to the Limited Maintenance Plan for the St. Louis area for the 8-Hour Carbon Monoxide (CO) National Ambient Air Quality Standard (NAAQS). On April 8, 2014, the Missouri Department of Natural Resources (MDNR) submitted to EPA a second 10-year maintenance plan for the St. Louis area for the CO NAAQS. This maintenance plan addresses maintenance of the CO NAAQS for a second 10-year period beyond the original redesignation. In accordance with the requirements of the Clean Air Act (CAA), EPA is approving the revision because the State adequately demonstrates that the St. Louis Maintenance area will maintain air quality standards for CO through the year 2022. SUMMARY: Accordingly, 40 CFR part 52 is corrected by making the following correcting amendments: ■ ■ (A) * * * (7) Previously approved on February 3, 1987 in paragraph (c)(168)(i)(A)(1) of this section and now deleted with replacement in paragraph (c)(457)(i)(C)(1): Rule 101 ‘‘Title’’ and Rule 102 ‘‘Definitions’’, except for the following definitions from existing SIP BCAPCD Rule 102: ‘‘approved ignition devices,’’ ‘‘open out-door fire’’, ‘‘permissive burn day,’’ ‘‘range improvement burning,’’ ‘‘submerged fill pipe,’’ and ‘‘vapor recovery system.’’. * * * * * (457) * * * (i) * * * (C) Butte County Air Quality Management District. (1) Rule 101, ‘‘Definitions,’’ amended on April 24, 2014. * * * * * PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 59611 This direct final rule will be effective December 1, 2015, without further notice, unless EPA receives adverse comment by November 2, 2015. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R07– OAR–2015–0513, by one of the following methods: 1. www.regulations.gov. Follow the on-line instructions for submitting comments. 2. Email: brown.steven@epa.gov. 3. Mail or Hand Delivery: Steven Brown, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219. Instructions: Direct your comments to Docket ID No. EPA–R07–OAR–2015– 0513. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https:// www2.epa.gov/dockets/commentingepa-dockets. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your DATES: E:\FR\FM\02OCR1.SGM 02OCR1

Agencies

[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Rules and Regulations]
[Pages 59610-59611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24953]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0246; FRL-9931-19-Region 9]


Revisions to the California State Implementation Plan, Butte 
County Air Quality Management District, Feather River Air Quality 
Management District, and San Luis Obispo County Air Pollution Control 
District; Correcting Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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

SUMMARY: On June 11, 2015, the Environmental Protection Agency (EPA) 
published a final rule in the Federal Register approving a revision to 
the Butte County Air Quality Management District (BCAQMD) portion of 
the California State Implementation Plan (SIP). In that rulemaking, the 
EPA indicated that final approval of the revision would supersede 
certain older rules in the California SIP but failed to include 
regulatory text to that effect. This document adds appropriate 
regulatory text to correct that omission, clarifying the specific 
regulations that were superseded and that are no longer part of the 
applicable California SIP, and adds a line of text identifying the 
affected air quality district that was missing in the original action.

DATES: This action is effective on October 2, 2015.

FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, (415) 972-
3073, gong.kevin@epa.gov.

SUPPLEMENTARY INFORMATION: This action corrects inadvertent errors in a 
rulemaking related to BCAQMD's SIP-approved definitions. On June 11, 
2015 (80 FR 33195), the EPA published a direct final rulemaking action 
approving revisions to various sections of the California State 
Implementation Plan (SIP). This action contained regulatory text 
amendments to 40 CFR part 52, subpart F. The amendments, which 
incorporated material by reference into section 52.220, Identification 
of plan, paragraph (c)(457), omitted regulatory language that addressed 
the replacement of Butte County Air Pollution Control District (BCAPCD) 
Rule 101--``Title'' and parts of BCAPCD Rule 102--``Definitions'' with 
BCAQMD Rule 101--``Definitions'' as described in Footnote 1 of 80 FR 
33195. This action adds regulatory text to clarify the rules or 
portions of rules that were superseded in the Butte County AQMD portion 
of the California SIP by our June 11, 2015 direct final action.
    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 June 11, 2015 final rule is consistent 
with the substantive revision to the California SIP as described in the 
preamble of said action concerning definitions for the BCAQMD portion 
of the California SIP. 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 BCAQMD's revisions to their 
definitions into 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 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 behaviour and prepare before the final 
rule takes effect. This rule, however, does not create any new 
regulatory requirements such that affected parties would need time to 
prepare before the rule takes effect. Rather, 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 omitted amendatory language 
that addressed the replacement of BCAQMD Rule 101.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and

[[Page 59611]]

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 Administrative Procedure Act 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, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: September 14, 2015.
Jared Blumenfeld,
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:
0
a. Revising paragraph (c)(168)(i)(A)(7); and
0
b. Revising paragraph (c)(457)(i)(C).
    The revised text reads as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (168) * * *
    (i) * * *
    (A) * * *
    (7) Previously approved on February 3, 1987 in paragraph 
(c)(168)(i)(A)(1) of this section and now deleted with replacement in 
paragraph (c)(457)(i)(C)(1): Rule 101 ``Title'' and Rule 102 
``Definitions'', except for the following definitions from existing SIP 
BCAPCD Rule 102: ``approved ignition devices,'' ``open out-door fire'', 
``permissive burn day,'' ``range improvement burning,'' ``submerged 
fill pipe,'' and ``vapor recovery system.''.
* * * * *
    (457) * * *
    (i) * * *
    (C) Butte County Air Quality Management District.
    (1) Rule 101, ``Definitions,'' amended on April 24, 2014.
* * * * *

[FR Doc. 2015-24953 Filed 10-1-15; 8:45 am]
 BILLING CODE 6560-50-P
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