Air Plan Approval; California; Northern Sierra Air Quality Management District; Reasonably Available Control Technology; Correcting Amendment, 18872-18873 [2020-06353]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Rules and Regulations]
[Pages 18872-18873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06353]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0528; FRL-10007-00-Region 9]


Air Plan Approval; California; Northern Sierra Air Quality 
Management District; Reasonably Available Control Technology; 
Correcting Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting amendment.

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SUMMARY: On January 15, 2020, the Environmental Protection Agency (EPA) 
published in the Federal Register a final rule entitled ``Air Plan 
Approval; California; Northern Sierra Air Quality Management District; 
Reasonably Available Control Technology.'' That publication 
inadvertently listed in the regulatory text the wrong document number 
for a document entitled ``Control Techniques Guidelines for the Oil and 
Natural Gas Industry.'' This document corrects this error in the 
regulatory text.

DATES: This document is effective on April 3, 2020.

FOR FURTHER INFORMATION CONTACT: Stanley Tong, Rules Office (Air 3-2), 
EPA Region IX, 75 Hawthorne St., San Francisco, CA 94105. By phone: 
(415) 947-4122 or by email at [email protected].

SUPPLEMENTARY INFORMATION: On January 15, 2020 (85 FR 2313), the EPA 
published a final rule entitled ``Air Plan Approval; California; 
Northern Sierra Air Quality Management District; Reasonably Available 
Control Technology''. This rule approved a revision to the California 
State Implementation Plan under the Clean Air Act consisting of the 
Northern Sierra Air Quality Management District's demonstration that 
its rules satisfied applicable requirements regarding reasonably 
available control technology. Due to a typographical error, the EPA's 
final rule published on January 15, 2020, inadvertently listed the 
wrong document number for a document entitled ``Control Techniques 
Guidelines for the Oil and Natural Gas Industry,'' which could make it 
difficult for members of the public to locate the document. The correct 
document number and title are: EPA-453/B-16-001 Oil and Natural Gas 
Industry. This action corrects the erroneous document number in Table 1 
of 40 CFR 52.222(a)(9)(iv).
    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, and this action is merely correcting a minor typographical 
error in the rule text. Further, this action is consistent with the 
purpose and rationale of the final rule, which is 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 a 
typographical error 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.

Statutory and Executive Order Reviews

    Under Executive Order (E.O.) 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. For this 
reason, this action is also not subject to E.O. 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001). This action is not 
an E.O. 13771 (82 FR 9339, February 2, 2017) regulatory action because 
this action is not significant under E.O. 12866. Because the agency has 
made a ``good cause'' finding that this action is not subject to 
notice-and-comment requirements under the Administrative Procedures 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. In addition, 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 and will not 
impose

[[Page 18873]]

substantial direct costs on tribal governments or preempt tribal law as 
specified by E.O. 13175 (65 FR 67249, November 9, 2000). This rule will 
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 governments, 
as specified by E.O. 13132 (64 FR 43255, August 10, 1999). This rule 
also is not subject to E.O. 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant. This typographical 
correction action 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. The rule 
also does not involve special consideration of environmental justice 
related issues as required by E.O. 12898 (59 FR 7629, February 16, 
1994). In issuing this rule, the EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct, as required by 
section 3 of E.O. 12988 (61 FR 4729, February 7, 1996). The EPA has 
complied with E.O. 12630 (53 FR 8859, March 15, 1998) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under 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 had made such a good cause finding, 
including the reasons therefore, and established an effective date 
April 3, 2020. 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. This correction to 
40 CFR part 52 for California 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 oxides, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: March 21, 2020.
John Busterud,
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. In section 52.222(a)(9)(iv), amend the Table titled ``Table-1 To 
paragraph (a)(9)(iv)--Negative Declarations for the 2008 Ozone NAAQS'' 
by removing the entry for ``EPA 452/B16-001 Oil and Natural Gas 
Industry.'' and adding in its place ``EPA-453/B-16-001 Oil and Natural 
Gas Industry.'', to read as follows:


Sec.  52.222  Negative declarations.

    (a) * * *
    (9) * * *
    (iv) * * *

   Table 1 to Paragraph (a)(9)(iv)--Negative Declarations for the 2008
                               Ozone NAAQS
------------------------------------------------------------------------
            CTG document No.                          Title
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                                * * * * *
EPA-453/B-16-001.......................  Oil and Natural Gas Industry.
 
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[FR Doc. 2020-06353 Filed 4-2-20; 8:45 am]
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