Revisions to the California State Implementation Plan, Feather River Air Quality Management District; Correction, 37103-37104 [2019-16050]

Download as PDF Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations Dated: July 18, 2019. Mary S. Walker, Regional Administrator, Region 4. enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Subpart S—Kentucky 2. Section 52.920(e) is amended by adding an entry for ‘‘110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO2 NAAQS’’ at the end of the table to read as follows: ■ 40 CFR part 52 is amended as follows: Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements. 37103 PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS § 52.920 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42.U.S.C. 7401 et seq. * Identification of plan. * * (e) * * * * * EPA–APPROVED KENTUCKY NON–REGULATORY PROVISIONS Applicable geographic or nonattainment area Name of non-regulatory SIP provision * * 110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO2 NAAQS. BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2015–0164; FRL–9997–33Region 9] Revisions to the California State Implementation Plan, Feather River Air Quality Management District; Correction Environmental Protection Agency (EPA). ACTION: Final rule, correcting amendment. AGENCY: The Environmental Protection Agency (EPA) published a direct final rule in the Federal Register on July 8, 2015, that approved revisions to the Feather River Air Quality Management District portion of the California State Implementation Plan (SIP) but did not include all the necessary amendatory language to list all the SIP revisions that were being approved. This document corrects this error. DATES: This final rule is effective on July 31, 2019. FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, (415) 972– 3073, gong.kevin@epa.gov. SUPPLEMENTARY INFORMATION: On July 8, 2015 (80 FR 38959), the EPA took direct final action to approve revisions to the Feather River Air Quality Management District (AQMD) portion of the SUMMARY: 19:26 Jul 30, 2019 EPA approval date Explanations * * 7/31/19 [Insert citation of publication]. * * Addressing Prongs 1 and 2 of section 110(a)(2)(D)(i) only. * Kentucky ............. [FR Doc. 2019–16195 Filed 7–30–19; 8:45 am] VerDate Sep<11>2014 State submittal date/ effective date Jkt 247001 11/16/18 California SIP.1 The approval covered one Feather River AQMD rule (Rule 3.8 (‘‘Gasoline Dispensing Facilities’’)) and three Reasonably Available Control Technology (RACT) SIP demonstrations from Feather River AQMD: One from 2006 (‘‘2006 RACT SIP’’), one from 2009 (‘‘2009 RACT SIP’’) and one from 2014 (‘‘2014 RACT SIP’’). In our direct final action, we mistakenly codified our approval of Rule 3.8 twice and failed to codify our approval of the 2009 RACT SIP. On September 8, 2015 (80 FR 53739), we corrected our July 8, 2015 direct final action by replacing one of the listings for our approval of Rule 3.8 with our approval of the 2014 RACT SIP. In our September 8, 2015 action, we also intended to replace the July 8, 2015 listing of the 2014 RACT SIP with the missing approval of the 2009 RACT SIP, but inadvertently failed to do so with the result that our approval of the 2014 RACT SIP is now codified at both 40 CFR 52.220(c)(459) and 40 CFR 52.220(c)(460) and the approval of the 2009 RACT SIP is still missing. In this action, we are revising paragraph (c)(459) to list our approval of the 2009 RACT SIP. The EPA has determined that this action falls under the ‘‘good cause’’ exemption in section 553(b)(3)(B) of the Administrative Procedure Act (APA) which, upon finding ‘‘good cause,’’ authorizes agencies to dispense with public participation where public notice and comment procedures are 1 The Feather River AQMD administers air quality management programs in Yuba and Sutter Counties in California. PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 impracticable, unnecessary, or contrary to the public interest. Public notice and comment for this action is unnecessary because the underlying rule for which this correcting amendment has been prepared was already subject to a 30-day comment period. Further, this action is consistent with the purpose and rationale of the final rule for which amendatory instructions are being corrected herein. Because this action does not change the EPA’s analyses or overall actions, no purpose would be served by additional public notice and comment. Consequently, additional public notice and comment are unnecessary. The EPA also finds that there is good cause under APA section 553(d)(3) for this correction to become effective on the date of publication of this action. Section 553(d)(3) of the APA allows an effective date of less than 30 days after publication ‘‘as otherwise provided by the agency for good cause found and published with the rule.’’ 5 U.S.C. 553(d)(3). The purpose of the 30-day waiting period prescribed in APA section 553(d)(3) is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. This rule does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. This action merely corrects incomplete amendatory instructions in a previous rulemaking. For these reasons, the EPA finds good cause under APA section 553(d)(3) for this correction to become effective on the date of publication of this action. E:\FR\FM\31JYR1.SGM 31JYR1 37104 Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: July 16, 2019. Deborah Jordan, Acting Regional Administrator, Region IX. 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 F—California 2. Section 52.220 is amended by revising paragraphs (c)(459) introductory text and (c)(459)(ii)(A)(1) to read as follows: ■ § 52.220 * * Identification of plan—in part. * VerDate Sep<11>2014 * * 19:26 Jul 30, 2019 Jkt 247001 (c) * * * (459) The following plan revision was submitted on October 27, 2009, by the Governor’s designee. * * * * * (ii) * * * (A) * * * (1) Reasonably Available Control Technology State Implementation Plan Revision, Negative Declaration for Control Techniques Guidelines Issued 2006–2008 (‘‘2009 RACT SIP’’), as adopted on June 1, 2009. * * * * * [FR Doc. 2019–16050 Filed 7–30–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 70 [EPA–R05–OAR–2018–0285; FRL–9997–36– Region 5] Air Plan Approval; Wisconsin; Title V Operation Permit Program Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is approving updates and revisions to the Wisconsin title V Operation Permit Program, submitted by Wisconsin pursuant to subchapter V of the Clean Air Act (Act), which requires states to develop, and to submit to EPA for approval, programs for issuing operation permits to all major stationary sources. The revision was submitted to update the title V program since the final approval of the program in 2001 and to change the permit fee schedule for subject facilities. The revision consists of amendments to Chapter Natural Resources (NR) 407 Wisconsin Administrative Code, operation permits, Chapter NR 410 Wisconsin Administrative Code, permit fees, and Wisconsin statute 285.69, fee structure. This approval action will help ensure that Wisconsin properly implements the requirements of title V of the Act. DATES: This direct final rule will be effective September 30, 2019, unless EPA receives adverse comments by August 30, 2019. If adverse comments are received, EPA 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–R05– OAR–2018–0285 at https:// www.regulations.gov, or via email to damico.genevieve@epa.gov. For SUMMARY: PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, 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, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For 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/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Susan Kraj, Environmental Engineer, Air Permits Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353–2654, kraj.susan@ epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This supplementary information section is arranged as follows: I. What did Wisconsin Submit? II. What is EPA Approving? III. What Action is EPA Taking? IV. Statutory and Executive Order Reviews. I. What did Wisconsin submit? A. Background On March 8, 2017, EPA received a request from the Wisconsin Department of Natural Resources (WDNR) that we approve revisions and updates to Wisconsin’s title V operating permit program. Pursuant to subchapter V of the Act, generally known as title V, and the implementing regulations, at 40 Code of Federal Regulations (CFR) part 70, states developed and submitted to EPA for approval programs for issuing operation permits to all major stationary sources and to certain other sources. EPA promulgated interim approval of Wisconsin’s title V operating permit program on March 6, 1995 (60 FR E:\FR\FM\31JYR1.SGM 31JYR1

Agencies

[Federal Register Volume 84, Number 147 (Wednesday, July 31, 2019)]
[Rules and Regulations]
[Pages 37103-37104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16050]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0164; FRL-9997-33-Region 9]


Revisions to the California State Implementation Plan, Feather 
River Air Quality Management District; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule, correcting amendment.

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

SUMMARY: The Environmental Protection Agency (EPA) published a direct 
final rule in the Federal Register on July 8, 2015, that approved 
revisions to the Feather River Air Quality Management District portion 
of the California State Implementation Plan (SIP) but did not include 
all the necessary amendatory language to list all the SIP revisions 
that were being approved. This document corrects this error.

DATES: This final rule is effective on July 31, 2019.

FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, (415) 972-
3073, [email protected].

SUPPLEMENTARY INFORMATION: On July 8, 2015 (80 FR 38959), the EPA took 
direct final action to approve revisions to the Feather River Air 
Quality Management District (AQMD) portion of the California SIP.\1\ 
The approval covered one Feather River AQMD rule (Rule 3.8 (``Gasoline 
Dispensing Facilities'')) and three Reasonably Available Control 
Technology (RACT) SIP demonstrations from Feather River AQMD: One from 
2006 (``2006 RACT SIP''), one from 2009 (``2009 RACT SIP'') and one 
from 2014 (``2014 RACT SIP''). In our direct final action, we 
mistakenly codified our approval of Rule 3.8 twice and failed to codify 
our approval of the 2009 RACT SIP.
---------------------------------------------------------------------------

    \1\ The Feather River AQMD administers air quality management 
programs in Yuba and Sutter Counties in California.
---------------------------------------------------------------------------

    On September 8, 2015 (80 FR 53739), we corrected our July 8, 2015 
direct final action by replacing one of the listings for our approval 
of Rule 3.8 with our approval of the 2014 RACT SIP. In our September 8, 
2015 action, we also intended to replace the July 8, 2015 listing of 
the 2014 RACT SIP with the missing approval of the 2009 RACT SIP, but 
inadvertently failed to do so with the result that our approval of the 
2014 RACT SIP is now codified at both 40 CFR 52.220(c)(459) and 40 CFR 
52.220(c)(460) and the approval of the 2009 RACT SIP is still missing. 
In this action, we are revising paragraph (c)(459) to list our approval 
of the 2009 RACT SIP.
    The EPA has determined that this action falls under the ``good 
cause'' exemption in section 553(b)(3)(B) of the Administrative 
Procedure Act (APA) which, upon finding ``good cause,'' authorizes 
agencies to dispense with public participation where public notice and 
comment procedures are impracticable, unnecessary, or contrary to the 
public interest. Public notice and comment for this action is 
unnecessary because the underlying rule for which this correcting 
amendment has been prepared was already subject to a 30-day comment 
period. Further, this action is consistent with the purpose and 
rationale of the final rule for which amendatory instructions are being 
corrected herein. Because this action does not change the EPA's 
analyses or overall actions, no purpose would be served by additional 
public notice and comment. Consequently, additional public notice and 
comment are unnecessary.
    The EPA also finds that there is good cause under APA section 
553(d)(3) for this correction to become effective on the date of 
publication of this action. Section 553(d)(3) of the APA allows an 
effective date of less than 30 days after publication ``as otherwise 
provided by the agency for good cause found and published with the 
rule.'' 5 U.S.C. 553(d)(3). The purpose of the 30-day waiting period 
prescribed in APA section 553(d)(3) is to give affected parties a 
reasonable time to adjust their behavior and prepare before the final 
rule takes effect. This rule does not create any new regulatory 
requirements such that affected parties would need time to prepare 
before the rule takes effect. This action merely corrects incomplete 
amendatory instructions in a previous rulemaking. For these reasons, 
the EPA finds good cause under APA section 553(d)(3) for this 
correction to become effective on the date of publication of this 
action.

[[Page 37104]]

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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: July 16, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    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 F--California

0
2. Section 52.220 is amended by revising paragraphs (c)(459) 
introductory text and (c)(459)(ii)(A)(1) to read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (459) The following plan revision was submitted on October 27, 
2009, by the Governor's designee.
* * * * *
    (ii) * * *
    (A) * * *
    (1) Reasonably Available Control Technology State Implementation 
Plan Revision, Negative Declaration for Control Techniques Guidelines 
Issued 2006-2008 (``2009 RACT SIP''), as adopted on June 1, 2009.
* * * * *
[FR Doc. 2019-16050 Filed 7-30-19; 8:45 am]
 BILLING CODE 6560-50-P
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