Partial Approval and Partial Disapproval of Air Quality State Implementation Plans; Arizona; Infrastructure Requirements To Address Interstate Transport for the 2008 Ozone NAAQS; Correction, 36179-36180 [2016-13160]
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36179
Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations
(e) * * *
STATE OF OREGON AIR QUALITY CONTROL PROGRAM
SIP citation
State
effective
date
Title/subject
*
*
*
*
*
*
[FR Doc. 2016–13031 Filed 6–3–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2015–0793; FRL–9947–27–
Region 9]
Partial Approval and Partial
Disapproval of Air Quality State
Implementation Plans; Arizona;
Infrastructure Requirements To
Address Interstate Transport for the
2008 Ozone NAAQS; Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correcting
amendment.
AGENCY:
This document corrects an
omission in the final rule document
published on May 19, 2016, announcing
the Environmental Protection Agency’s
(EPA’s) approval in part and
disapproval in part of State
Implementation Plan (SIP) revisions
submitted by the Arizona Department of
Environmental Quality to address the
interstate transport requirements of
Clean Air Act section 110(a)(2)(D)(i)
with respect to the 2008 ozone national
ambient air quality standard. The
correction of this omission does not
change the EPA’s final action to approve
in part and disapprove in part these SIP
revisions.
DATES: This correcting amendment is
effective on June 20, 2016.
FOR FURTHER INFORMATION CONTACT: Tom
Kelly, Air Planning Office (AIR–2), U.S.
Environmental Protection Agency,
Region IX, (415) 972–3856,
kelly.thomasp@epa.gov.
SUPPLEMENTARY INFORMATION: On March
22, 2016 (81 FR 15200), the EPA
proposed to approve in part and to
disapprove in part SIP revisions
submitted by the Arizona Department of
mstockstill on DSK3G9T082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:21 Jun 03, 2016
Jkt 238001
*
4.62, 12/12/
2012
*
EPA approval date
Explanations
*
*
4.62, 6/6/2016 [Insert Federal Register citation].
*
4.62, Klamath
Falls PM2.5
Attainment
Plan
*
Environmental Quality (ADEQ) on
December 27, 2012, and supplemented
on December 3, 2015, to address the
interstate transport requirements of
Clean Air Act (CAA or Act) section
110(a)(2)(D)(i) with respect to the 2008
ozone National Ambient Air Quality
Standard (NAAQS). More specifically,
in the March 22, 2016 proposed rule,
the EPA proposed to approve Arizona’s
SIP as meeting the interstate transport
requirements of CAA section
110(a)(2)(D)(i)(I) prongs 1 and 2 and to
disapprove Arizona’s SIP with respect
to the interstate transport requirements
of CAA section 110(a)(2)(D)(i)(II) prong
4. Id., at 15204. No comments were
submitted on the EPA’s March 22, 2016
proposed action. On May 19, 2016 (81
FR 31513), the EPA published a final
rulemaking action announcing its
approval in part and disapproval in part
of the relevant SIP revisions as proposed
on March 22, 2016. However, in its May
19, 2016 final rule, the EPA
inadvertently omitted the regulatory text
that codifies the final action taken
therein. This document corrects that
oversight.
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 action codified herein was
already subject to a 30-day comment
period beginning with publication of the
related proposed rule on March 22,
2016, and as noted above, no comments
were submitted. Thus, no purpose
would be served by additional public
notice and comment.
The EPA also finds that there is good
cause under APA section 553(d)(3) for
the regulatory text added herein to
become effective on the same date as the
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
*
*
final rulemaking for which the
regulatory text was inadvertently
omitted. 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). The purpose of the 30day 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, however,
does not create any new regulatory
requirements such that affected parties
would need time to prepare before the
rule takes effect. Rather, this rule merely
adds regulatory text codifying the
partial approval and partial disapproval
action that the EPA published on May
19, 2016, which is 30 days from the date
on which this rule will become
effective. The May 19, 2016 final rule
thus provided sufficient notice and time
for affected parties to take appropriate
action to the extent any action is
necessary to comply with the rule. For
these reasons, the EPA finds good cause
under APA section 553(d)(3) for the
regulatory text codified herein and
associated with the May 19, 2016 final
rule to become effective on same date as
the May 19, 2016 final rule becomes
effective (i.e., June 20, 2019).
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). This action merely adds
regulatory text inadvertently omitted
from a previous final rule and imposes
no additional requirements beyond
those imposed by state law.
Accordingly, the Administrator certifies
E:\FR\FM\06JNR1.SGM
06JNR1
mstockstill on DSK3G9T082PROD with RULES
36180
Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations
that this rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). Because this rule merely adds
regulatory text inadvertently omitted
from a previous final rule, and does not
impose any additional enforceable duty
beyond that required by state law, it
does not contain any unfunded mandate
or significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
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 as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
This rule also does not have
Federalism implications because it does
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 government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This rule merely
corrects an inadvertent omission of
regulatory text for a previously
published final rule, and does not alter
the relationship or the distribution of
power and responsibilities established
in the Clean Air Act (CAA). 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
VerDate Sep<11>2014
16:21 Jun 03, 2016
Jkt 238001
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 June 20,
2016. 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).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by August 5, 2016.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Oxides of nitrogen, Ozone,
and Volatile organic compounds.
Dated: May 24, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
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 D—Arizona
2. Section 52.120 is amended by
adding paragraph (c)(174) to read as
follows:
■
Identification of plan.
*
*
*
*
*
(c) * * *
(174) The following plan was
submitted on December 3, 2015 by the
Governor’s designee.
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
§ 52.123
Approval status.
*
*
*
*
*
(o) 2008 8-hour ozone NAAQS: The
SIPs submitted on October 14, 2011,
December 27, 2012, and December 3,
2015 are fully or partially disapproved
for Clean Air Act (CAA) elements
110(a)(2)(C), (D)(i)(II), D(ii), (J) and (K)
for all portions of the Arizona SIP.
*
*
*
*
*
[FR Doc. 2016–13160 Filed 6–3–16; 8:45 am]
BILLING CODE 6560–50–P
UTAH RECLAMATION MITIGATION
AND CONSERVATION COMMISSION
43 CFR Part 10000
Place of Business Location Change
Utah Reclamation Mitigation
and Conservation Commission.
ACTION: Final rule.
AGENCY:
The Utah Reclamation
Mitigation and Conservation
Commission (Commission) is updating
its regulations to reflect a change of
agency location. The Commission has
moved from 111 East Broadway, Suite
310 to 230 South 500 East, Suite 230 in
Salt Lake City, Utah.
DATES: This rule is effective June 6,
2016.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Diane Simmons at 801–524–3146, or
email to dsimmons@usbr.gov.
SUPPLEMENTARY INFORMATION:
I. Background
■
§ 52.120
(i) [Reserved]
(ii) Additional materials.
(A) Arizona Department of
Environmental Quality.
(1) SIP Revision: Clean Air Act
Section 110(a)(2)(D), 2008 Ozone
National Ambient Air Quality Standards
(December 3, 2015).
■ 3. Section 52.123 is amended by
revising paragraph (o) to read as follows:
The Utah Reclamation Mitigation and
Conservation Commission is an
independent Federal agency established
by the Central Utah Project Completion
Act of 1992. The Act set terms and
conditions for completing the Central
Utah Project, which diverts stores and
delivers large quantities of water from
numerous Utah rivers to meet the needs
of central Utah’s citizens. The
Commission is responsible for planning,
funding, and implementing projects that
benefit fish, wildlife, and related
recreation resources in order to offset
impacts caused by the Central Utah
Project, and other Federal water
E:\FR\FM\06JNR1.SGM
06JNR1
Agencies
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36179-36180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13160]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2015-0793; FRL-9947-27-Region 9]
Partial Approval and Partial Disapproval of Air Quality State
Implementation Plans; Arizona; Infrastructure Requirements To Address
Interstate Transport for the 2008 Ozone NAAQS; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document corrects an omission in the final rule document
published on May 19, 2016, announcing the Environmental Protection
Agency's (EPA's) approval in part and disapproval in part of State
Implementation Plan (SIP) revisions submitted by the Arizona Department
of Environmental Quality to address the interstate transport
requirements of Clean Air Act section 110(a)(2)(D)(i) with respect to
the 2008 ozone national ambient air quality standard. The correction of
this omission does not change the EPA's final action to approve in part
and disapprove in part these SIP revisions.
DATES: This correcting amendment is effective on June 20, 2016.
FOR FURTHER INFORMATION CONTACT: Tom Kelly, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX, (415) 972-3856,
kelly.thomasp@epa.gov.
SUPPLEMENTARY INFORMATION: On March 22, 2016 (81 FR 15200), the EPA
proposed to approve in part and to disapprove in part SIP revisions
submitted by the Arizona Department of Environmental Quality (ADEQ) on
December 27, 2012, and supplemented on December 3, 2015, to address the
interstate transport requirements of Clean Air Act (CAA or Act) section
110(a)(2)(D)(i) with respect to the 2008 ozone National Ambient Air
Quality Standard (NAAQS). More specifically, in the March 22, 2016
proposed rule, the EPA proposed to approve Arizona's SIP as meeting the
interstate transport requirements of CAA section 110(a)(2)(D)(i)(I)
prongs 1 and 2 and to disapprove Arizona's SIP with respect to the
interstate transport requirements of CAA section 110(a)(2)(D)(i)(II)
prong 4. Id., at 15204. No comments were submitted on the EPA's March
22, 2016 proposed action. On May 19, 2016 (81 FR 31513), the EPA
published a final rulemaking action announcing its approval in part and
disapproval in part of the relevant SIP revisions as proposed on March
22, 2016. However, in its May 19, 2016 final rule, the EPA
inadvertently omitted the regulatory text that codifies the final
action taken therein. This document corrects that oversight.
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 action codified herein was already subject to a 30-day
comment period beginning with publication of the related proposed rule
on March 22, 2016, and as noted above, no comments were submitted.
Thus, no purpose would be served by additional public notice and
comment.
The EPA also finds that there is good cause under APA section
553(d)(3) for the regulatory text added herein to become effective on
the same date as the final rulemaking for which the regulatory text was
inadvertently omitted. 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). 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, however, does not create any new regulatory requirements
such that affected parties would need time to prepare before the rule
takes effect. Rather, this rule merely adds regulatory text codifying
the partial approval and partial disapproval action that the EPA
published on May 19, 2016, which is 30 days from the date on which this
rule will become effective. The May 19, 2016 final rule thus provided
sufficient notice and time for affected parties to take appropriate
action to the extent any action is necessary to comply with the rule.
For these reasons, the EPA finds good cause under APA section 553(d)(3)
for the regulatory text codified herein and associated with the May 19,
2016 final rule to become effective on same date as the May 19, 2016
final rule becomes effective (i.e., June 20, 2019).
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). This action
merely adds regulatory text inadvertently omitted from a previous final
rule and imposes no additional requirements beyond those imposed by
state law. Accordingly, the Administrator certifies
[[Page 36180]]
that this rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule merely adds regulatory
text inadvertently omitted from a previous final rule, and does not
impose any additional enforceable duty beyond that required by state
law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
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 as specified by Executive Order
13175 (65 FR 67249, November 9, 2000), nor will it impose substantial
direct costs on tribal governments or preempt tribal law.
This rule also does not have Federalism implications because it
does 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
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This rule merely corrects an inadvertent omission of
regulatory text for a previously published final rule, and does not
alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act (CAA). 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 June 20, 2016.
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).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 5, 2016. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Oxides of nitrogen, Ozone, and Volatile organic compounds.
Dated: May 24, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Part 52, 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 D--Arizona
0
2. Section 52.120 is amended by adding paragraph (c)(174) to read as
follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
(174) The following plan was submitted on December 3, 2015 by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials.
(A) Arizona Department of Environmental Quality.
(1) SIP Revision: Clean Air Act Section 110(a)(2)(D), 2008 Ozone
National Ambient Air Quality Standards (December 3, 2015).
0
3. Section 52.123 is amended by revising paragraph (o) to read as
follows:
Sec. 52.123 Approval status.
* * * * *
(o) 2008 8-hour ozone NAAQS: The SIPs submitted on October 14,
2011, December 27, 2012, and December 3, 2015 are fully or partially
disapproved for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(i)(II),
D(ii), (J) and (K) for all portions of the Arizona SIP.
* * * * *
[FR Doc. 2016-13160 Filed 6-3-16; 8:45 am]
BILLING CODE 6560-50-P