Approval and Limited Approval and Limited Disapproval of Air Quality Implementation Plans; California; Northern Sonoma County Air Pollution Control District; Stationary Source Permits; Correcting Amendment, 92665-92666 [2016-30186]

Download as PDF Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2016–0240; FRL–9956–65– Region 9] Approval and Limited Approval and Limited Disapproval of Air Quality Implementation Plans; California; Northern Sonoma County Air Pollution Control District; Stationary Source Permits; Correcting Amendment Environmental Protection Agency. ACTION: Final rule, correcting amendment. AGENCY: On October 6, 2016, the Environmental Protection Agency (EPA) published a final rule in the Federal Register approving certain revisions to the Northern Sonoma County Air Pollution Control District (NSCAPCD, or the District) portion of the California State Implementation Plan (SIP), and disapproving others. The EPA indicated in this final action that these revisions would supersede certain older rules in the California SIP but inadvertently included erroneous references in the regulatory text. This document corrects the regulatory text to clarify the replacement of these superseded regulations. SUMMARY: This action is effective on December 20, 2016. DATES: mstockstill on DSK3G9T082PROD with RULES FOR FURTHER INFORMATION CONTACT: Laura Yannayon, EPA Region IX, (415) 972–3534, Yannayon.Laura@epa.gov. SUPPLEMENTARY INFORMATION: This action corrects inadvertent errors in a rulemaking related to NSCAPCD’s rules governing the issuance of permits for stationary sources. On October 6, 2015 (81 FR 69390), the EPA published a rulemaking action finalizing approval of three rules, and a limited approval and limited disapproval of two rules as revisions to the California SIP. This action contained regulatory text amendments to 40 CFR part 52, subpart F. The amendments incorporated material by reference into section 52.220, Identification of plan, paragraphs (c)(461) and (c)(480), and eleven other amendments which indicated the deletion, with or without replacement, of obsolete regulatory language. Those amendments deleting obsolete language with replacement in paragraph (c)(480) erroneously state that they are being replaced by various regulations in paragraph (c)(481). Specifically, the amendments at paragraphs (c)(124)(ix)(D), (c)(156)(vi)(B), (c)(162)(i)(B), VerDate Sep<11>2014 19:50 Dec 19, 2016 Jkt 241001 (c)(164)(i)(B)(5), and (c)(385)(i)(B)(2) include incorrect references to (481), when they should be referring to (480). This action adds regulatory text to correct these references. 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 October 6, 2016 final rule is consistent with the substantive revision to the California SIP as described in the preamble of said action concerning regulations governing the issuance of permits in NSCAPCD. 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 NSCAPCD’s revisions to their rules in 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 find 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 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. 92665 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, Carbon monoxide, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides, Volatile organic compounds, Reporting and recordkeeping requirements. Dated: December 1, 2016. Alexis Strauss, Acting 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 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Need for Correction Subpart F—California As published, the final regulations incorrectly referenced 40 CFR 52.220(c)(481) in 5 instances, when they should have referenced 40 CFR 52.220(c)(480). ■ PO 00000 Frm 00117 Fmt 4700 Sfmt 4700 2. Section 52.220 is amended by revising paragraphs (c)(124)(ix)(D), (c)(156)(vi)(B), (c)(162)(i)(B), (c)(164)(i)(B)(5), and (c)(385)(i)(B)(2) to read as follows: E:\FR\FM\20DER1.SGM 20DER1 92666 § 52.220 Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Rules and Regulations Identification of plan-in part. mstockstill on DSK3G9T082PROD with RULES * * * * * (c) * * * (124) * * * (ix) * * * (D) Previously approved on July 31, 1985 in paragraph (c)(124)(ix)(B) of this section and now deleted without replacement, Rule 130 (introductory text, b.1, n1, p5, and s2), and now deleted with replacement in paragraphs (c)(480)(i)(A)(3) and (4), Rules 220(c) and 230. * * * * * (156) * * * (vi) * * * (B) Previously approved on July 31, 1985 in paragraph (c)(156)(vi)(A) of this section and now deleted without replacement, Rule 130 (b2, m1, p3, p3a, and s7), and now deleted with replacement in Paragraph (c)(480)(i)(A)(3) of this section, Chapter II, 220(B). * * * * * (162) * * * (i) * * * (B) Previously approved on July 31, 1985 in paragraph (c)(162)(i)(A) of this section and now deleted with replacement in Paragraph (c)(480)(i)(A)(3) of this section, Chapter II, 220(A). * * * * * (164) * * * (i) * * * (B) * * * (5) Previously approved on April 17, 1987 in paragraph (c)(164)(i)(B)(1) of this section and now deleted without replacement, Rule 130 (d1 and s5), and now deleted with replacement in paragraph (c)(480)(i)(A)(2) of this section, rule 200(a). * * * * * (385) * * * (i) * * * (B) * * * (2) Previously approved on May 6, 2011 in paragraph (c)(385)(i)(B)(1) of this section and now deleted with replacement in paragraph (c)(480)(i)(A)(1) of this section, Rule 130, ‘‘Definitions,’’ amended December 14, 2010. * * * * * [FR Doc. 2016–30186 Filed 12–19–16; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 19:50 Dec 19, 2016 Jkt 241001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 141 [EPA–HQ–OW–2015–0218; FRL–9956–71– OW] RIN 2040–AF49 Revisions to the Unregulated Contaminant Monitoring Rule (UCMR 4) for Public Water Systems and Announcement of Public Meeting Environmental Protection Agency (EPA). ACTION: Final rule; notice of public meeting. AGENCY: The U.S. Environmental Protection Agency (EPA) is finalizing a Safe Drinking Water Act (SDWA) rule that requires public water systems to collect occurrence data for contaminants that may be present in drinking water but are not yet subject to EPA’s drinking water standards set under the SDWA. This rule identifies eleven analytical methods to support water system monitoring for a total of 30 chemical contaminants, consisting of nine cyanotoxins and one cyanotoxin group; two metals; eight pesticides plus one pesticide manufacturing byproduct (hereinafter collectively referred to as ‘‘pesticides’’); three brominated haloacetic acid disinfection byproduct groups; three alcohols; and three semivolatile organic chemicals. EPA is also announcing a public meeting and webinar to discuss the implementation of the fourth Unregulated Contaminant Monitoring Rule. DATES: This final rule is effective on January 19, 2017, 30 days after publication in the Federal Register. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of January 19, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–HQ–OW–2015–0218. All documents in the docket are listed on the https://www.regulations.gov Web site. 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 electronically through https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Brenda D. Parris, Standards and Risk SUMMARY: PO 00000 Frm 00118 Fmt 4700 Sfmt 4700 Management Division (SRMD), Office of Ground Water and Drinking Water (OGWDW) (MS 140), Environmental Protection Agency, 26 West Martin Luther King Drive, Cincinnati, OH 45268; telephone number: (513) 569– 7961; or email address: parris.brenda@ epa.gov; or Melissa Simic, SRMD, OGWDW (MS 140), Environmental Protection Agency, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268; telephone number: (513) 569– 7864; or email address: simic.melissa@ epa.gov. For general information, contact the Safe Drinking Water Hotline. Callers within the United States can reach the Hotline at (800) 426–4791. The Hotline is open Monday through Friday, excluding federal holidays, from 10:00 a.m. to 4:00 p.m., eastern time. The Safe Drinking Water Hotline can also be found on the Internet at: https:// www.epa.gov/ground-water-anddrinking-water/safe-drinking-waterhotline. SUPPLEMENTARY INFORMATION: Table of Contents I. General Information A. Does this action apply to me? B. What action is the Agency taking and why? C. What is the Agency’s authority for taking this action? D. What is the estimated cost of this action? E. What is the applicability date? II. Background A. How has EPA implemented the Unregulated Contaminant Monitoring Program? B. How are the Contaminant Candidate List, the UCMR program, the Regulatory Determination process and the NCOD interrelated? III. What are the key requirements of the rule, including notable changes between UCMR 3, the proposed UCMR 4 and the final UCMR 4? A. What contaminants are in UCMR 4? 1. This Rule 2. Summary of Major Comments and EPA Responses B. What are the UCMR 4 sampling design and timeline of activities? 1. Sampling Frequency, Timing a. This Rule b. Summary of Major Comments and EPA Responses 2. Phased Sample Analysis for Microcystins a. This Rule b. Summary of Major Comments and EPA Responses 3. Applicability of HAA Monitoring Requirements a. This Rule b. Summary of Major Comments and EPA Responses 4. Representative Sampling a. This Rule b. Summary of Major Comments and EPA Responses E:\FR\FM\20DER1.SGM 20DER1

Agencies

[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Rules and Regulations]
[Pages 92665-92666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30186]



[[Page 92665]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0240; FRL-9956-65-Region 9]


Approval and Limited Approval and Limited Disapproval of Air 
Quality Implementation Plans; California; Northern Sonoma County Air 
Pollution Control District; Stationary Source Permits; Correcting 
Amendment

AGENCY: Environmental Protection Agency.

ACTION: Final rule, correcting amendment.

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

SUMMARY: On October 6, 2016, the Environmental Protection Agency (EPA) 
published a final rule in the Federal Register approving certain 
revisions to the Northern Sonoma County Air Pollution Control District 
(NSCAPCD, or the District) portion of the California State 
Implementation Plan (SIP), and disapproving others. The EPA indicated 
in this final action that these revisions would supersede certain older 
rules in the California SIP but inadvertently included erroneous 
references in the regulatory text. This document corrects the 
regulatory text to clarify the replacement of these superseded 
regulations.

DATES: This action is effective on December 20, 2016.

FOR FURTHER INFORMATION CONTACT: Laura Yannayon, EPA Region IX, (415) 
972-3534, Yannayon.Laura@epa.gov.

SUPPLEMENTARY INFORMATION: This action corrects inadvertent errors in a 
rulemaking related to NSCAPCD's rules governing the issuance of permits 
for stationary sources. On October 6, 2015 (81 FR 69390), the EPA 
published a rulemaking action finalizing approval of three rules, and a 
limited approval and limited disapproval of two rules as revisions to 
the California SIP. This action contained regulatory text amendments to 
40 CFR part 52, subpart F. The amendments incorporated material by 
reference into section 52.220, Identification of plan, paragraphs 
(c)(461) and (c)(480), and eleven other amendments which indicated the 
deletion, with or without replacement, of obsolete regulatory language. 
Those amendments deleting obsolete language with replacement in 
paragraph (c)(480) erroneously state that they are being replaced by 
various regulations in paragraph (c)(481). Specifically, the amendments 
at paragraphs (c)(124)(ix)(D), (c)(156)(vi)(B), (c)(162)(i)(B), 
(c)(164)(i)(B)(5), and (c)(385)(i)(B)(2) include incorrect references 
to (481), when they should be referring to (480). This action adds 
regulatory text to correct these references.
    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 October 6, 2016 final rule is consistent 
with the substantive revision to the California SIP as described in the 
preamble of said action concerning regulations governing the issuance 
of permits in NSCAPCD. 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 NSCAPCD's revisions to their rules in 
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 find 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 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 incorrectly referenced 40 CFR 
52.220(c)(481) in 5 instances, when they should have referenced 40 CFR 
52.220(c)(480).

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, Carbon monoxide, Nitrogen 
dioxide, Ozone, Particulate matter, Sulfur oxides, Volatile organic 
compounds, Reporting and recordkeeping requirements.

    Dated: December 1, 2016.
Alexis Strauss,
Acting 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 revising paragraphs (c)(124)(ix)(D), 
(c)(156)(vi)(B), (c)(162)(i)(B), (c)(164)(i)(B)(5), and 
(c)(385)(i)(B)(2) to read as follows:

[[Page 92666]]

Sec.  52.220   Identification of plan-in part.

* * * * *
    (c) * * *
    (124) * * *
    (ix) * * *
    (D) Previously approved on July 31, 1985 in paragraph 
(c)(124)(ix)(B) of this section and now deleted without replacement, 
Rule 130 (introductory text, b.1, n1, p5, and s2), and now deleted with 
replacement in paragraphs (c)(480)(i)(A)(3) and (4), Rules 220(c) and 
230.
* * * * *
    (156) * * *
    (vi) * * *
    (B) Previously approved on July 31, 1985 in paragraph 
(c)(156)(vi)(A) of this section and now deleted without replacement, 
Rule 130 (b2, m1, p3, p3a, and s7), and now deleted with replacement in 
Paragraph (c)(480)(i)(A)(3) of this section, Chapter II, 220(B).
* * * * *
    (162) * * *
    (i) * * *
    (B) Previously approved on July 31, 1985 in paragraph 
(c)(162)(i)(A) of this section and now deleted with replacement in 
Paragraph (c)(480)(i)(A)(3) of this section, Chapter II, 220(A).
* * * * *
    (164) * * *
    (i) * * *
    (B) * * *
    (5) Previously approved on April 17, 1987 in paragraph 
(c)(164)(i)(B)(1) of this section and now deleted without replacement, 
Rule 130 (d1 and s5), and now deleted with replacement in paragraph 
(c)(480)(i)(A)(2) of this section, rule 200(a).
* * * * *
    (385) * * *
    (i) * * *
    (B) * * *
    (2) Previously approved on May 6, 2011 in paragraph 
(c)(385)(i)(B)(1) of this section and now deleted with replacement in 
paragraph (c)(480)(i)(A)(1) of this section, Rule 130, ``Definitions,'' 
amended December 14, 2010.
* * * * *
[FR Doc. 2016-30186 Filed 12-19-16; 8:45 am]
 BILLING CODE 6560-50-P