Determination of Attainment and Approval of Base Year Emissions Inventories for the Imperial County, California Fine Particulate Matter Nonattainment Area; Correction, 24527-24529 [2017-10931]
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Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that it is one of a category
of actions that do not individually or
cumulatively have a significant effect on
the human environment. This rule
creates a temporary safety zone and is
categorically excluded under section
2.B.2, figure 2–1, paragraph 34(g) of the
Instruction, which pertains to
establisnment of safety zones. A Record
of Environmental Consideration (REC)
supporting this determination is
available in the docket where indicated
in the ADDRESSES section of this
preamble.
sradovich on DSK3GMQ082PROD with RULES
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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17:28 May 26, 2017
Jkt 241001
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T09–0408 to read as
follows:
■
§ 165.T09–0408 Safety Zone; Buffalo
Carnival, Buffalo Outer Harbor; Buffalo, NY.
(a) Location. This zone will
encompass all waters of Buffalo Outer
Harbor, Buffalo, NY contained within a
280-foot radius of position 42°52″10.76″
N. and 078°52′56.01″ W. (NAD 83).
(b) Enforcement period. This rule is
effective on May 28, 2017 from 8:45
p.m. until 9:45 p.m.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Buffalo or his
designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Buffalo or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Captain of the Port Buffalo to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone must
contact the Captain of the Port Buffalo
or his on-scene representative to obtain
permission to do so. The Captain of the
Port Buffalo or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Buffalo, or his on-scene
representative.
Dated: May 23, 2017.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2017–11026 Filed 5–26–17; 8:45 am]
BILLING CODE 9110–04–P
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24527
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2016–0772; FRL–9962–82–
Region 9]
Determination of Attainment and
Approval of Base Year Emissions
Inventories for the Imperial County,
California Fine Particulate Matter
Nonattainment Area; Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correcting
amendment.
AGENCY:
On March 13, 2017, the
Environmental Protection Agency (EPA)
published a direct final rule in the
Federal Register determining that the
Imperial County, California Moderate
nonattainment area (‘‘the Imperial
County NA’’) attained the 2006 24-hour
fine particulate matter (PM2.5) national
ambient air quality standard. In the
same action, the EPA approved a
revision to California’s state
implementation plan (SIP) consisting of
the 2008 emissions inventory for the
Imperial County NA submitted by the
California Air Resources Board (CARB
or ‘‘State’’) on January 9, 2015. The
EPA’s description in regulatory text of
the SIP element that was approved
inadvertently included information
unrelated to the 2008 emissions
inventory. This document corrects the
regulatory text to clarify the provisions
of the SIP that are approved.
DATES: This correcting amendment is
effective on May 30, 2017.
FOR FURTHER INFORMATION CONTACT:
Ginger Vagenas, EPA Region IX, (415)
972–3964, Vagenas.Ginger@epa.gov.
SUPPLEMENTARY INFORMATION: This
action corrects an inadvertent error in a
rulemaking related to the EPA’s
approval of the 2008 emissions
inventory for the Imperial County NA.
On March 13, 2017, the EPA published
a direct final rule approving a revision
of the California SIP—specifically, we
approved the portion of Chapter 3 of
CARB’s January 9, 2015 submittal that
contains the 2008 emissions inventory
for the Imperial County NA. This action
contained amendatory instructions that
added paragraph (484) to 40 CFR
52.220(c). However, in the amendatory
instructions the EPA inadvertently
failed to exclude Section 3.4.2
(‘‘Determination of Significant Sources
of PM2.5’’) from the portions of the SIP
we intended to approve. This document
corrects that error.
SUMMARY:
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Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations
sradovich on DSK3GMQ082PROD with RULES
Correction
In the direct final rule published in
the Federal Register on March 13, 2017
(82 FR 13392), on page 13397, third
column, in amendatory instruction 2,
§ 52.220(c)(484)(ii)(A)(1) should have
listed Section 3.4.2 (‘‘Determination of
Significant Sources of PM2.5’’) among
the portions of Chapter 3 that the EPA
was excluding from its approval.
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 underlying rule for which
this correcting amendment has been
prepared was already subject to a 30-day
comment period. No comments were
received. Further, this action, which
corrects an inadvertent regulatory text
error that was included in the EPA’s
March 13, 2017 direct final rule, is
consistent with the substantive revision
to the California SIP as described in the
preamble of said action concerning the
approval of the 2008 emissions
inventory for the Imperial County NA.
Because this correction action does not
change the EPA’s analysis or overall
action related to the approval of the
2008 emissions inventory, 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
the correction in the amendatory
instructions and related paragraph
designation to become effective on the
date of publication. 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). 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 inadvertent error in 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 the
correction to § 52.220(c)(484)(ii)(A)(1) to
become effective on the date of
publication of this final rule.
VerDate Sep<11>2014
17:28 May 26, 2017
Jkt 241001
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). Because the agency has made
a ‘‘good cause’’ finding that this action
is not subject to notice-and-comment
requirements under the Administrative
Procedure 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. This rule also does not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the federal government and
Indian tribes, or on the distribution of
power and responsibilities between the
federal government and Indian tribes, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will
it 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 by
Executive Order 13132 (64 FR 43255,
August 10, 1999). 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
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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 May 30,
2017. 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 4, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Accordingly, 40 CFR part 52 is
corrected by making the following
correcting amendment:
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
revising paragraph (c)(484)(ii)(A)(1) to
read as follows:
■
§ 52.220
Identification of plan—in part.
*
*
*
*
*
(c) * * *
(484) * * *
(ii) * * *
(A) * * *
(1) ‘‘Imperial County 2013 State
Implementation Plan for the 2006 24Hour PM2.5 Moderate Nonattainment
Area,’’ adopted December 2, 2014,
Chapter 3 (‘‘Emissions Inventory’’)
excluding: Section 3.4.1
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30MYR1
Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations
(‘‘Determination of Significant Sources
of PM2.5 Precursors’’); Section 3.4.2
(‘‘Determination of Significant Sources
of PM2.5’’); the 2011 and 2012 winter
and annual average inventories in Table
3.1 (‘‘PM2.5 Emissions Inventory by
Major Source Category 2008, 2011 and
2012 Winter and Annual Planning
Emissions Inventories’’); the 2011 and
2012 winter and annual average
inventories in Table 3.7 (‘‘NOX
Emissions Inventory by Major Source
Category 2008, 2011 and 2012 Winter
and Annual Planning Emissions
Inventories’’); the 2011 and 2012 winter
and annual average inventories in Table
3.8 (‘‘VOCs Emissions Inventory by
Major Source Category 2008, 2011 and
2012 Winter and Annual Planning
Emissions Inventories’’); the 2011 and
2012 winter and annual average
inventories in Table 3.9 (‘‘SOX
Emissions Inventory by Major Source
Category 2008, 2011 and 2012 Winter
and Annual Planning Emissions
Inventories’’); and the 2011 and 2012
winter and annual average inventories
in Table 3.10 (‘‘Ammonia Emissions
Inventory by Major Source Category
2008, 2011 and 2012 Winter and Annual
Planning Emissions Inventories’’).
[FR Doc. 2017–10931 Filed 5–26–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[DE104–1104; FRL–9961–26–Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Update to Materials
Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; administrative
change.
AGENCY:
The Environmental Protection
Agency (EPA) is updating the materials
that are incorporated by reference (IBR)
into the Delaware state implementation
plan (SIP). The regulations affected by
this update have been previously
submitted by the Delaware Department
of Natural Resources and Environmental
Control (DNREC) and approved by EPA.
This update affects the SIP materials
that are available for public inspection
at the National Archives and Records
Administration (NARA) and the EPA
Regional Office.
DATES: This action is effective May 30,
2017.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
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SUMMARY:
VerDate Sep<11>2014
17:28 May 26, 2017
Jkt 241001
part 52 are available for inspection at
the following locations: Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103; or
NARA. For information on the
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html.
FOR FURTHER INFORMATION CONTACT:
Gavin Huang, (215) 814–2042 or by
email at huang.gavin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The SIP is a living document which
a state revises as necessary to address its
unique air pollution problems.
Therefore, EPA, from time to time, must
take action on SIP revisions containing
new and/or revised regulations as being
part of the SIP. On May 22, 1997 (62 FR
27968), EPA revised the procedures for
incorporating by reference federallyapproved SIPs, as a result of
consultations between EPA and the
Office of the Federal Register (OFR). The
description of the revised SIP
document, IBR procedures and
‘‘Identification of plan’’ format are
discussed in further detail in the May
22, 1997 Federal Register document. On
December 7, 1998 (63 FR 67407), EPA
published a document in the Federal
Register beginning the new IBR
procedure for Delaware. On June 21,
2004 (69 FR 34285), April 3, 2007 (72
FR 15839), April 17, 2009 (74 FR
17771), and May 2, 2011 (76 FR 24372),
September 24, 2013 (78 FR 58465), EPA
published updates to the IBR material
for Delaware. Since the publication of
the last IBR update, EPA has approved
regulatory changes to the following
Delaware revised regulations:
1. 7 DNREC regulation 1103 (Ambient
Air Quality Standards), sections 1.0
(General Provisions), 4.0 (Sulfur
Dioxide), 6.0 (Ozone), 8.0 (Nitrogen
Dioxide), 10.0 (Lead), and 11.0 (PM10
and PM2.5 Particulates).
2. 7 DNREC regulation 1140
(Delaware Low Emission Vehicle
Program), sections 1.0 (Purpose), 2.0
(Applicability), 3.0 (Definitions), 4.0
(Emission Certification Standards), 5.0
(New Vehicle Emission Requirements),
6.0 (Manufacturer Fleet Requirements),
7.0 (Warranty), 8.0 (Reporting and
Record-Keeping Requirements), 9.0
(Enforcement), 10.0 (Incorporation by
Reference), 11.0 (Document
Availability), and 12.0 (Severability).
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24529
II. EPA Action
In this action, EPA is announcing the
update to the IBR material as of July 1,
2016 and revising the text within 40
CFR 52.420(b). EPA is revising our 40
CFR part 52 ‘‘Identification of Plan’’ for
the State of Delaware regarding
incorporation by reference, section
52.420(b). EPA is revising section
52.420(b)(1) to clarify that all SIP
revisions listed in paragraphs (c) and
(d), regardless of inclusion in the most
recent ‘‘update to the SIP compilation,’’
are fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
in which EPA approved the SIP
revision, consistent with following our
‘‘Approval and Promulgations of Air
Quality Implementation Plans; Revised
Format of 40 CFR part 52 for Materials
Being Incorporated by Reference,’’
effective May 22, 1997 (62 FR 27968).
EPA is revising section 52.420(b)(2) to
clarify references to other portions of
paragraph (b) with subparagraph (b)(2).
EPA is revising section (b)(3) to update
address and contact information.
III. Good Cause Exemption
EPA has determined that this rule
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 and section
553(d)(3) which allows an agency to
make a rule effective immediately
(thereby avoiding the 30-day delayed
effective date otherwise provided for in
the APA). This rule simply codifies
provisions which are already in effect as
a matter of law in federal and approved
state programs. Under section 553 of the
APA, an agency may find good cause
where procedures are ‘‘impractical,
unnecessary, or contrary to the public
interest.’’ Public comment is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the codification
only reflects existing law. Immediate
notice in the CFR benefits the public by
removing outdated citations and
incorrect table entries.
IV. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of previously EPA
approved regulations promulgated by
the State of Delaware and federally
effective prior to July 1, 2016. Therefore,
these materials have been approved by
EPA for inclusion in the SIP, have been
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Agencies
[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Rules and Regulations]
[Pages 24527-24529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10931]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2016-0772; FRL-9962-82-Region 9]
Determination of Attainment and Approval of Base Year Emissions
Inventories for the Imperial County, California Fine Particulate Matter
Nonattainment Area; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: On March 13, 2017, the Environmental Protection Agency (EPA)
published a direct final rule in the Federal Register determining that
the Imperial County, California Moderate nonattainment area (``the
Imperial County NA'') attained the 2006 24-hour fine particulate matter
(PM2.5) national ambient air quality standard. In the same
action, the EPA approved a revision to California's state
implementation plan (SIP) consisting of the 2008 emissions inventory
for the Imperial County NA submitted by the California Air Resources
Board (CARB or ``State'') on January 9, 2015. The EPA's description in
regulatory text of the SIP element that was approved inadvertently
included information unrelated to the 2008 emissions inventory. This
document corrects the regulatory text to clarify the provisions of the
SIP that are approved.
DATES: This correcting amendment is effective on May 30, 2017.
FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, EPA Region IX, (415)
972-3964, Vagenas.Ginger@epa.gov.
SUPPLEMENTARY INFORMATION: This action corrects an inadvertent error in
a rulemaking related to the EPA's approval of the 2008 emissions
inventory for the Imperial County NA. On March 13, 2017, the EPA
published a direct final rule approving a revision of the California
SIP--specifically, we approved the portion of Chapter 3 of CARB's
January 9, 2015 submittal that contains the 2008 emissions inventory
for the Imperial County NA. This action contained amendatory
instructions that added paragraph (484) to 40 CFR 52.220(c). However,
in the amendatory instructions the EPA inadvertently failed to exclude
Section 3.4.2 (``Determination of Significant Sources of
PM2.5'') from the portions of the SIP we intended to
approve. This document corrects that error.
[[Page 24528]]
Correction
In the direct final rule published in the Federal Register on March
13, 2017 (82 FR 13392), on page 13397, third column, in amendatory
instruction 2, Sec. 52.220(c)(484)(ii)(A)(1) should have listed
Section 3.4.2 (``Determination of Significant Sources of
PM2.5'') among the portions of Chapter 3 that the EPA was
excluding from its approval.
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 underlying rule for which this correcting amendment has
been prepared was already subject to a 30-day comment period. No
comments were received. Further, this action, which corrects an
inadvertent regulatory text error that was included in the EPA's March
13, 2017 direct final rule, is consistent with the substantive revision
to the California SIP as described in the preamble of said action
concerning the approval of the 2008 emissions inventory for the
Imperial County NA. Because this correction action does not change the
EPA's analysis or overall action related to the approval of the 2008
emissions inventory, 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 the correction in the amendatory instructions and related
paragraph designation to become effective on the date of publication.
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). 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 inadvertent error in 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 the correction to
Sec. 52.220(c)(484)(ii)(A)(1) to become effective on the date of
publication of this final rule.
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). Because the
agency has made a ``good cause'' finding that this action is not
subject to notice-and-comment requirements under the Administrative
Procedure 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. This rule also does not have a substantial direct effect
on one or more Indian tribes, on the relationship between the federal
government and Indian tribes, or on the distribution of power and
responsibilities between the federal government and Indian tribes, as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it 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 by Executive Order 13132 (64 FR 43255, August
10, 1999). 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 May 30, 2017.
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 4, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Accordingly, 40 CFR part 52 is corrected by making the following
correcting amendment:
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 paragraph (c)(484)(ii)(A)(1)
to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(484) * * *
(ii) * * *
(A) * * *
(1) ``Imperial County 2013 State Implementation Plan for the 2006
24-Hour PM2.5 Moderate Nonattainment Area,'' adopted
December 2, 2014, Chapter 3 (``Emissions Inventory'') excluding:
Section 3.4.1
[[Page 24529]]
(``Determination of Significant Sources of PM2.5
Precursors''); Section 3.4.2 (``Determination of Significant Sources of
PM2.5''); the 2011 and 2012 winter and annual average
inventories in Table 3.1 (``PM2.5 Emissions Inventory by
Major Source Category 2008, 2011 and 2012 Winter and Annual Planning
Emissions Inventories''); the 2011 and 2012 winter and annual average
inventories in Table 3.7 (``NOX Emissions Inventory by Major
Source Category 2008, 2011 and 2012 Winter and Annual Planning
Emissions Inventories''); the 2011 and 2012 winter and annual average
inventories in Table 3.8 (``VOCs Emissions Inventory by Major Source
Category 2008, 2011 and 2012 Winter and Annual Planning Emissions
Inventories''); the 2011 and 2012 winter and annual average inventories
in Table 3.9 (``SOX Emissions Inventory by Major Source
Category 2008, 2011 and 2012 Winter and Annual Planning Emissions
Inventories''); and the 2011 and 2012 winter and annual average
inventories in Table 3.10 (``Ammonia Emissions Inventory by Major
Source Category 2008, 2011 and 2012 Winter and Annual Planning
Emissions Inventories'').
[FR Doc. 2017-10931 Filed 5-26-17; 8:45 am]
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