Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes; California; South Coast Moderate Area Plan and Reclassification as Serious Nonattainment for the 2012 PM2.5, 14832-14834 [2021-05514]
Download as PDF
14832
*
*
Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Rules and Regulations
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R09–OAR–2019–0145; FRL–10019–
97–Region 9]
Approval and Promulgation of
Implementation Plans; Designation of
Areas for Air Quality Planning
Purposes; California; South Coast
Moderate Area Plan and
Reclassification as Serious
Nonattainment for the 2012 PM2.5
NAAQS; Correcting Amendment
Environmental Protection
Agency (EPA).
ACTION: Correcting amendment.
AGENCY:
On November 9, 2020, the
Environmental Protection Agency (EPA)
issued a final rule titled ‘‘Approval and
Promulgation of Implementation Plans;
Designation of Areas for Air Quality
Planning Purposes; California; South
Coast Moderate Area Plan and
Reclassification as Serious
Nonattainment for the 2012 PM2.5
NAAQS.’’ That publication
inadvertently omitted from the
description of the Riverside County
portion of the designated area, language
indicating that the lands of the Santa
Rosa Band of Cahuilla Mission Indians
and Pechanga Band of Luiseno Mission
Indians of the Pechanga Reservation are
excluded from that portion of the Los
Angeles-South Coast Air Basin
nonattainment area for the 2012
national ambient air quality standard
(NAAQS) for fine particulate matter
(PM2.5). This document corrects the
error in the regulatory text.
DATES: This rule is effective on March
19, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2019–0145. All
documents in the docket are listed on
the https://www.regulations.gov
website. 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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:22 Mar 18, 2021
section for
additional availability information. If
you need assistance in a language other
than English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Ashley Graham, Air Planning Office
(AIR–2), EPA Region IX, 75 Hawthorne
Street, San Francisco, CA 94105, (415)
972–3877 or by email at
graham.ashleyr@epa.gov.
SUPPLEMENTARY INFORMATION: On
November 9, 2020, the EPA issued a
final rule titled ‘‘Approval and
Promulgation of Implementation Plans;
Designation of Areas for Air Quality
Planning Purposes; California; South
Coast Moderate Area Plan and
Reclassification as Serious
Nonattainment for the 2012 PM2.5
NAAQS.’’ 1 That publication
inadvertently omitted from the
description of the Riverside County
portion of the designated area, language
indicating that the lands of the Santa
Rosa Band of Cahuilla Mission Indians
and Pechanga Band of Luiseno Mission
Indians of the Pechanga Reservation are
excluded from that portion of the Los
Angeles-South Coast Air Basin
nonattainment area for the 2012 PM2.5
NAAQS. This action corrects the
omission and revises the entry as
intended in the November 9, 2020 final
rule.
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 are 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 merely
corrects an 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
INFORMATION CONTACT
[FR Doc. 2021–05508 Filed 3–18–21; 8:45 am]
Jkt 253001
1 85
PO 00000
FR 71264.
Frm 00026
Fmt 4700
Sfmt 4700
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 an
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
This action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is not subject to the regulatory
flexibility provisions of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
• Is not subject to sections 202 and
205 of the Unfunded Mandates Reform
Act of 1995 (UMRA) (Pub. L. 104–4);
• Does not impose a significant
intergovernmental mandate or
significantly or uniquely affect small
governments, as described in sections
203 and 204 of the UMRA;
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
this error correction action does not
involve technical standards; and
• Does not involve special
consideration of environmental justice
related issues as required by Executive
Order 12898 (59 FR 7629, February 16,
1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
E:\FR\FM\19MRR1.SGM
19MRR1
14833
Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Rules and Regulations
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
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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 Executive Order
12988 (61 FR 4729, February 7, 1996).
The EPA has complied with Executive
Order 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.
The Congressional Review Act (CRA)
(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 March
19, 2021. 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 81 for California is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control, Particulate matter.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 11, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
For the reasons stated in the
preamble, the EPA corrects Part 81,
Chapter I, Title 40 of the Code of
Federal Regulations by making the
following correcting amendments:
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
1. The authority citation for Part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart C—Section 107 Attainment
Status Designations
2. In section 81.305 amend the table
titled ‘‘California—2012 Annual PM2.5
NAAQS [Primary],’’ by revising the
entries under ‘‘Riverside County (part)’’
under ‘‘Los Angeles-South Coast Air
Basin, CA’’ to read as follows:
■
§ 81.305
*
California.
*
*
*
*
CALIFORNIA—2012 ANNUAL PM2.5 NAAQS
[Primary]
Designation
Classification
Designated area 1
Date 2
Type
Date 2
*
..................................
*
Nonattainment .........
*
December 9, 2020 ..
Type
Los Angeles-South Coast Air Basin, CA:
*
*
*
*
Riverside County (part): That portion of Riverside County which lies to the west
of a line described as follows: Beginning at the Riverside-San Diego County
boundary and running north along the range line common to Range 4 East
and Range 3 East, San Bernardino Base and Meridian; then east along the
Township line common to Township 8 South and Township 7 South; then
north along the range line common to Range 5 East and Range 4 East; then
west along the Township line common to Township 6 South and Township 7
South to the southwest corner of Section 34, Township 6 South, Range 4
East; then north along the west boundaries of Sections 34, 27, 22, 15, 10,
and 3, Township 6 South, Range 4 East; then west along the Township line
common to Township 5 South and Township 6 South; then north along the
range line common to Range 4 East and Range 3 East; then west along the
south boundaries of Sections 13, 14, 15, 16, 17, and 18, Township 5 South,
Range 3 East; then north along the range line common to Range 2 East and
Range 3 East; to the Riverside-San Bernardino County line (excluding the
lands of the Santa Rosa Band of Cahuilla Mission Indians, and excluding the
lands of the Pechanga Band of Luiseno Mission Indians of the Pechanga
Reservation).
*
*
*
*
*
*
1 Includes
jbell on DSKJLSW7X2PROD with RULES
areas of Indian country located in each county or area, except as otherwise specified.
2 This date is April 15, 2015, unless otherwise noted.
VerDate Sep<11>2014
16:22 Mar 18, 2021
Jkt 253001
PO 00000
Frm 00027
Fmt 4700
Sfmt 9990
E:\FR\FM\19MRR1.SGM
19MRR1
*
Serious.
14834
*
*
Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Rules and Regulations
*
*
*
[FR Doc. 2021–05514 Filed 3–18–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 131
[EPA–HQ–OW–2016–0694; FRL–10019–00–
OW]
RIN 2040–AF70
Federal Aluminum Aquatic Life Criteria
Applicable to Oregon
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA or Agency) is
promulgating Federal criteria for fresh
waters in the State of Oregon that are
jurisdictional under the Clean Water Act
(CWA) to protect aquatic life from the
effects of exposure to harmful levels of
aluminum. EPA disapproved of
Oregon’s freshwater acute and chronic
aluminum criteria in 2013. The CWA
directs EPA to promptly propose water
quality standards (WQS) addressing the
Agency’s disapproval and to promulgate
those WQS unless, prior to such
promulgation, the state adopts WQS
addressing EPA’s disapproval that the
Agency determines meet the
requirements of the CWA and EPA
approves. Since Oregon has not adopted
and submitted revised freshwater acute
and chronic aluminum criteria to
address EPA’s 2013 disapproval, EPA is
promulgating Federal freshwater acute
and chronic aluminum criteria to
protect aquatic life uses in Oregon as the
applicable WQS under the CWA. If, at
some point in the future, Oregon
submits and EPA approves revised
freshwater acute and chronic aluminum
criteria to address EPA’s 2013
disapproval, EPA would withdraw this
regulation.
DATES: This rule is effective on April 19,
2021. The incorporation by reference of
SUMMARY:
A. Designating Uses
B. WQS Variances
C. NPDES Permit Compliance Schedules
VIII. Economic Analysis
IX. Statutory and Executive Order Reviews
A. Executive Order 12866 (Regulatory
Planning and Review) and Executive
Order 13563 (Improving Regulation and
Regulatory Review)
B. Executive Order 13771 (Reducing
Regulations and Controlling Regulatory
Costs)
C. Paperwork Reduction Act
D. Regulatory Flexibility Act
E. Unfunded Mandates Reform Act
F. Executive Order 13132 (Federalism)
G. Executive Order 13175 (Consultation
and Coordination With Indian Tribal
Governments)
H. Executive Order 13045 (Protection of
Children From Environmental Health
and Safety Risks)
I. Executive Order 13211 (Actions That
Significantly Affect Energy Supply,
Distribution, or Use)
J. National Technology Transfer and
Advancement Act of 1995
K. Executive Order 12898 (Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations)
L. Congressional Review Act (CRA)
I. General Information
A. Does this action apply to me?
B. How did EPA develop this final rule?
II. Background
A. Statutory and Regulatory Authority
B. EPA’s Disapproval of Oregon’s
Freshwater Aluminum Criteria
C. General Recommended Approach for
Deriving Aquatic Life Criteria
III. Freshwater Aluminum Aquatic Life
Criteria
A. EPA’s National CWA Section 304(a)
Recommended Freshwater Aluminum
Criteria
B. Final Acute and Chronic Aluminum
Criteria for Oregon’s Fresh Waters
C. Implementation of Final Freshwater
Acute and Chronic Aluminum Criteria in
Oregon
D. Incorporation by Reference
IV. Critical Low Flows and Mixing Zones
V. Endangered Species Act
VI. Under what conditions would Federal
standards be withdrawn?
VII. Alternative Regulatory Approaches and
Implementation Mechanisms
I. General Information
A. Does this action apply to me?
Entities such as industrial facilities,
stormwater management districts, or
publicly owned treatment works
(POTWs) that discharge pollutants to
fresh waters of the United States under
the State of Oregon’s jurisdiction could
be affected by this rule because Federal
WQS promulgated by EPA in this rule
will be the applicable WQS for fresh
waters in Oregon for CWA purposes
after the effective date of this rule.
These WQS are the minimum standards
which must be used in such CWA
regulatory programs as National
Pollutant Discharge Elimination System
(NPDES) permitting 1 and identifying
impaired waters under CWA Section
303(d). Categories and entities that
could potentially be affected by this rule
include the following:
Category
Examples of potentially affected entities
Industry ...............................................................
Municipalities ......................................................
Industrial point sources discharging pollutants to fresh waters of the United States in Oregon.
Publicly owned treatment works or similar facilities discharging pollutants to fresh waters of the
United States in Oregon.
Entities responsible for managing stormwater in the State of Oregon.
Stormwater Management Districts .....................
jbell on DSKJLSW7X2PROD with RULES
certain publications listed in the rule is
approved by the Director of the Federal
Register as of April 19, 2021.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OW–2016–0694. All
documents in the docket are listed on
the https://www.regulations.gov website.
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:
Mimi Soo-Hoo, Office of Water,
Standards and Health Protection
Division (4305T), Environmental
Protection Agency, 1200 Pennsylvania
Avenue NW, Washington, DC 20460;
telephone number: (202) 566–1192;
email address: soo-hoo.mimi@epa.gov.
SUPPLEMENTARY INFORMATION: This final
rule is organized as follows:
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities that could
ultimately be affected by this action.
Any parties or entities who depend
upon or contribute to the water quality
1 Before any water quality based effluent limit is
included in an NPDES permit, the permitting
authority (here, the State of Oregon), will first
determine whether a discharge ‘‘will cause or has
the reasonable potential to cause, or contribute to
an excursion above any WQS.’’ 40 CFR
122.44(d)(1)(i) and (ii).
VerDate Sep<11>2014
16:22 Mar 18, 2021
Jkt 253001
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
E:\FR\FM\19MRR1.SGM
19MRR1
Agencies
[Federal Register Volume 86, Number 52 (Friday, March 19, 2021)]
[Rules and Regulations]
[Pages 14832-14834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05514]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R09-OAR-2019-0145; FRL-10019-97-Region 9]
Approval and Promulgation of Implementation Plans; Designation of
Areas for Air Quality Planning Purposes; California; South Coast
Moderate Area Plan and Reclassification as Serious Nonattainment for
the 2012 PM2.5 NAAQS; Correcting Amendment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: On November 9, 2020, the Environmental Protection Agency (EPA)
issued a final rule titled ``Approval and Promulgation of
Implementation Plans; Designation of Areas for Air Quality Planning
Purposes; California; South Coast Moderate Area Plan and
Reclassification as Serious Nonattainment for the 2012 PM2.5
NAAQS.'' That publication inadvertently omitted from the description of
the Riverside County portion of the designated area, language
indicating that the lands of the Santa Rosa Band of Cahuilla Mission
Indians and Pechanga Band of Luiseno Mission Indians of the Pechanga
Reservation are excluded from that portion of the Los Angeles-South
Coast Air Basin nonattainment area for the 2012 national ambient air
quality standard (NAAQS) for fine particulate matter
(PM2.5). This document corrects the error in the regulatory
text.
DATES: This rule is effective on March 19, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2019-0145. All documents in the docket are
listed on the https://www.regulations.gov website. 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 through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Ashley Graham, Air Planning Office
(AIR-2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105,
(415) 972-3877 or by email at [email protected].
SUPPLEMENTARY INFORMATION: On November 9, 2020, the EPA issued a final
rule titled ``Approval and Promulgation of Implementation Plans;
Designation of Areas for Air Quality Planning Purposes; California;
South Coast Moderate Area Plan and Reclassification as Serious
Nonattainment for the 2012 PM2.5 NAAQS.'' \1\ That
publication inadvertently omitted from the description of the Riverside
County portion of the designated area, language indicating that the
lands of the Santa Rosa Band of Cahuilla Mission Indians and Pechanga
Band of Luiseno Mission Indians of the Pechanga Reservation are
excluded from that portion of the Los Angeles-South Coast Air Basin
nonattainment area for the 2012 PM2.5 NAAQS. This action
corrects the omission and revises the entry as intended in the November
9, 2020 final rule.
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 are
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 merely corrects an 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.
---------------------------------------------------------------------------
\1\ 85 FR 71264.
---------------------------------------------------------------------------
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 an 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
This action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is not subject to the regulatory flexibility provisions of
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
Is not subject to sections 202 and 205 of the Unfunded
Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4);
Does not impose a significant intergovernmental mandate or
significantly or uniquely affect small governments, as described in
sections 203 and 204 of the UMRA;
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because this error correction action does not involve technical
standards; and
Does not involve special consideration of environmental
justice related issues as required by Executive Order 12898 (59 FR
7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land
[[Page 14833]]
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 substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
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 Executive Order 12988 (61 FR 4729, February 7, 1996). The
EPA has complied with Executive Order 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.
The Congressional Review Act (CRA) (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
March 19, 2021. 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 81 for California is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, Particulate
matter.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 11, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
For the reasons stated in the preamble, the EPA corrects Part 81,
Chapter I, Title 40 of the Code of Federal Regulations by making the
following correcting amendments:
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for Part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--Section 107 Attainment Status Designations
0
2. In section 81.305 amend the table titled ``California--2012 Annual
PM2.5 NAAQS [Primary],'' by revising the entries under
``Riverside County (part)'' under ``Los Angeles-South Coast Air Basin,
CA'' to read as follows:
Sec. 81.305 California.
* * * * *
California--2012 Annual PM2.5 NAAQS
[Primary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area \1\ -----------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Los Angeles-South Coast Air
Basin, CA:
* * * * * * *
Riverside County (part): ...................... Nonattainment......... December 9, 2020...... Serious.
That portion of
Riverside County which
lies to the west of a
line described as
follows: Beginning at
the Riverside-San Diego
County boundary and
running north along the
range line common to
Range 4 East and Range
3 East, San Bernardino
Base and Meridian; then
east along the Township
line common to Township
8 South and Township 7
South; then north along
the range line common
to Range 5 East and
Range 4 East; then west
along the Township line
common to Township 6
South and Township 7
South to the southwest
corner of Section 34,
Township 6 South, Range
4 East; then north
along the west
boundaries of Sections
34, 27, 22, 15, 10, and
3, Township 6 South,
Range 4 East; then west
along the Township line
common to Township 5
South and Township 6
South; then north along
the range line common
to Range 4 East and
Range 3 East; then west
along the south
boundaries of Sections
13, 14, 15, 16, 17, and
18, Township 5 South,
Range 3 East; then
north along the range
line common to Range 2
East and Range 3 East;
to the Riverside-San
Bernardino County line
(excluding the lands of
the Santa Rosa Band of
Cahuilla Mission
Indians, and excluding
the lands of the
Pechanga Band of
Luiseno Mission Indians
of the Pechanga
Reservation).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes areas of Indian country located in each county or area, except as otherwise specified.
\2\ This date is April 15, 2015, unless otherwise noted.
[[Page 14834]]
* * * * *
[FR Doc. 2021-05514 Filed 3-18-21; 8:45 am]
BILLING CODE 6560-50-P