Approval and Promulgation of Implementation Plans; California; Correcting Amendments, 17008-17011 [2022-06292]
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Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Rules and Regulations
with the applicable statutory and
regulatory requirements and instructing
the claimant to proceed with service
under 37 CFR 222.5 and 17 U.S.C.
1506(g); or
(2) Informing the claimant or
counterclaimant that the claim or
counterclaim, respectively, does not
comply with the applicable statutory
and regulatory requirements and
identifying the noncompliant issue(s)
according to the procedure set forth in
17 U.S.C. 1506(f).
(d) Dismissal without prejudice. If the
original claim and an amended claim
were previously reviewed by the
Copyright Claims Attorney and were
found not to comply with the applicable
statutory and regulatory requirements,
and if the Copyright Claims Attorney
concludes, following the submission of
a second amended claim, that the claim
still does not comply with the
applicable statutory and regulatory
requirements, the claim shall be referred
to a Copyright Claims Officer who shall
confirm whether the second amended
claim complies with the applicable
statutory and regulatory requirements. If
the Copyright Claims Officer concurs
with the conclusion of the Copyright
Claims Attorney, the proceeding shall
be dismissed without prejudice.
(e) Clearance is not endorsement. The
finding that a claim or counterclaim
complies with the applicable statutory
and regulatory requirements does not
constitute a determination as to the
validity of the allegations asserted or
other statements made in the claim or
counterclaim.
(f) No factual investigations. For the
purpose of the compliance review, the
Copyright Claims Attorney shall accept
the facts stated in the claim or
counterclaim materials, unless they are
clearly contradicted by information
provided elsewhere in the materials or
in the Board’s records. The Copyright
Claims Attorney shall not conduct an
investigation or make findings of fact;
however, the Copyright Claims Attorney
may take administrative notice of facts
or matters that are well known to the
general public, and may use that
knowledge during review of the claim or
counterclaim.
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§ 224.2
15:53 Mar 24, 2022
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Dated: March 16, 2022.
Shira Perlmutter,
Register of Copyrights and Director of the
U.S. Copyright Office.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2022–06264 Filed 3–24–22; 8:45 am]
BILLING CODE 1410–30–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
Dismissal for unsuitability.
(a) Review by Copyright Claims
Attorney. During the compliance review
under § 224.1, the Copyright Claims
Attorney shall review the claim or
counterclaim for unsuitability on
grounds set forth in 17 U.S.C. 1506(f)(3).
If the Copyright Claims Attorney
concludes that the claim should be
dismissed for unsuitability, the
Copyright Claims Attorney shall
VerDate Sep<11>2014
recommend to the Board that the Board
dismiss the claim and shall set forth the
basis for that conclusion.
(b) Dismissal by the Board for
unsuitability. (1) If, upon
recommendation by a Copyright Claims
Attorney as set forth in paragraph (a) of
this section or at any other time in the
proceeding upon the request of a party
or on its own initiative, the Board
determines that a claim or counterclaim
should be dismissed for unsuitability
under 17 U.S.C. 1506(f)(3), the Board
shall issue an order stating its intention
to dismiss the claim without prejudice.
(2) Within 30 days following issuance
of an order under paragraph (b) of this
section, the claimant or counterclaimant
may request that the Board reconsider
its determination. The respondent or
counterclaim respondent may file a
response within 30 days following
service of the claimant’s request.
(3) Following the expiration of the
time for the respondent or counterclaim
respondent to submit a response, the
Board shall render its final decision
whether to dismiss the claim for
unsuitability.
(c) Request by a party to dismiss a
claim or counterclaim for unsuitability.
At any time, any party who believes that
a claim or counterclaim is unsuitable for
determination by the Board may file a
request providing the basis for such
belief. An opposing party may file a
response within 14 days of the date of
service of the request, setting forth the
basis for such opposition to the request.
There will be no reply papers related to
a request to dismiss for unsuitability
unless ordered by the Board in its
discretion.
[EPA–R09–OAR–2022–0221; FRL–9598–02–
R9]
Approval and Promulgation of
Implementation Plans; California;
Correcting Amendments
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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On August 28, 2009, the
Environmental Protection Agency (EPA)
issued a final rule titled ‘‘Revisions to
the California State Implementation
Plan, Antelope Valley Air Quality
Management District.’’ That publication
inadvertently omitted regulatory text
rescinding four previously approved
rules for the Antelope Valley Air
Quality Management District portion of
the California State Implementation
Plan (SIP). On September 20, 2016, the
EPA issued a final rule titled ‘‘Approval
of California Air Plan Revisions,
Department of Pesticide Regulations.’’
That publication listed the wrong EPA
approval dates and Federal Register
citations for certain rules. The EPA is
taking direct final action to correct these
errors.
DATES: This rule is effective on May 24,
2022 without further notice unless the
EPA receives adverse comments by
April 25, 2022. If we receive such
comments, we will publish a timely
withdrawal in the Federal Register to
notify the public that this direct final
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2022–0221 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The 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. The 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://www.epa.gov/dockets/
commenting-epa-dockets. 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.
SUMMARY:
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Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Kevin Gong, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3073 or by
email at gong.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean
the EPA. Information is organized as
follows:
Table of Contents
I. Background
II. What the EPA Is Doing in This Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
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I. Background
Each State has a SIP containing the
control measures and strategies used to
attain and maintain the national
ambient air quality standards (NAAQS).
The SIP is extensive, containing such
elements as air pollution control
regulations, emission inventories,
monitoring networks, attainment
demonstrations, and enforcement
mechanisms.
Under the Clean Air Act (CAA or
‘‘Act’’), the states are responsible for
adopting and submitted SIPs and SIP
revisions to implement, maintain and
enforce the NAAQS and to meet other
related requirements under the CAA
and the EPA’s implementing
regulations. The EPA is responsible for
taking action to approve, disapprove or
conditionally approve, in whole or in
part, SIPs and SIP revisions that have
been adopted by the states and
submitted to the EPA. The EPA reviews
such SIPs and SIP revisions for
compliance with all applicable
requirements of the CAA and the EPA’s
implementing regulations.
A. Addition of Regulatory Text
Rescinding Certain Rules Applicable
Within the Antelope Valley Portion of
California SIP
Formed in 1997, the Antelope Valley
Air Quality Management District
(AQMD) administers air quality
management programs in the Mojave
Desert portion of Los Angeles County
that is referred to as ‘‘Antelope Valley.’’
The Antelope Valley AQMD portion of
the California SIP includes rules
adopted by various air pollution control
agencies that had jurisdiction over
stationary sources in Antelope Valley
since 1972, including the Los Angeles
County Air Pollution Control District
(APCD), the Southern California APCD,
the South Coast Air Quality
Management District (AQMD), and the
Antelope Valley AQMD.
On August 28, 2009 (74 FR 44294),
the EPA took direct final action to
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approve Antelope Valley AQMD Rule
1173 (‘‘Fugitive Emissions of Volatile
Organic Compounds’’) and to approve
the rescission of four rules originally
adopted by the South Coast AQMD and
carried forward as part of the SIP for
Antelope Valley when the Antelope
Valley AQMD was established: Rule 465
(‘‘Vacuum Producing Devices or
Systems’’), Rule 466 (‘‘Pumps and
Compressors’’), Rule 466.1 (‘‘Valves and
Flanges’’) and Rule 467 (‘‘Pressure
Relief Devices’’).1
In our 2009 direct final rule, we
added regulatory text for the approval of
Antelope Valley AQMD Rule 1173 but
inadvertently failed to include
regulatory text to remove South Coast
AQMD Rules 465, 466, 466.1 and 467
from the applicable SIP for Antelope
Valley. Through this direct final rule,
we are correcting the error by adding
regulatory text to codify the rescission
of South Coast AQMD Rules 465, 466,
466.1 and 467 as applicable to the
Antelope Valley AQMD.
B. Correction of EPA Approval Dates
and Federal Register Citations for
Certain Rules Adopted by the California
Department of Pesticide Regulation
On September 20, 2016 (81 FR 64350),
the EPA took final action to approve
certain rules adopted by the California
Department of Pesticide Regulation
(DPR) for the California SIP. In our final
rule, we inadvertently cited the
corresponding proposed rule (81 FR
6481, February 8, 2016) as the citation
and date for approval for some of the
rules, namely, California Code of
Regulations (CCR), title 3, sections 6452,
6452.2, 6558, 6577 and 6864. Through
this direct final rule, we are correcting
the EPA approval dates and Federal
Register citations for these DPR rules in
the table of 40 CFR 52.220a(c) that lists
EPA-approved state statutes and
regulations.
II. What the EPA Is Doing in This
Action
Section 110(k)(6) of the Clean Air Act
(CAA or ‘‘Act’’), as amended in 1990,
provides that, whenever the EPA
determines that the EPA’s action
approving, disapproving, or
promulgating any plan or plan revision
(or part thereof), area designation,
redesignation, classification or
1 The EPA approved South Coast AQMD Rule
465, adopted on December 7, 1990, at 57 FR 35758
(August 11, 1992). The EPA approved South Coast
AQMD Rule 466, adopted on October 7, 1983, at 52
FR 1627 (January 15, 1987). The EPA approved
South Coast AQMD Rule 466.1, adopted on May 2,
1980, at 47 FR 29668 (July 8, 1982). The EPA
approved South Coast AQMD Rule 467, adopted on
March 5, 1982, at 48 FR 52054 (November 16,
1983).
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17009
reclassification was in error, the EPA
may in the same manner as the
approval, disapproval, or promulgation
revise such action as appropriate
without requiring any further
submission from the state. Such
determination and the basis thereof
must be provided to the state and the
public. We interpret this provision to
authorize the EPA to make corrections
to a promulgated regulation when it is
shown to our satisfaction (or we
discover) that (1) we clearly erred by
failing to consider or by inappropriately
considering information made available
to the EPA at the time of the
promulgation, or the information made
available at the time of promulgation is
subsequently demonstrated to have been
clearly inadequate, and (2) other
information persuasively supports a
change in the regulation. See 57 FR
56762, at 56763 (November 30, 1992)
(correcting designations, boundaries,
and classifications of ozone, carbon
monoxide, particulate matter and lead
areas).
In this action, pursuant to CAA
section 110(k)(6), we are correcting the
August 28, 2009 direct final rule by
adding regulatory text that was
inadvertently omitted and that removes
rules for which we approved rescissions
from the Antelope Valley AQMD
portion of the California SIP. We are
also correcting incorrect EPA approval
dates and Federal Register citations for
certain DPR rules that we approved in
a September 20, 2016 final rule.
We do not think anyone will object to
this approval, so we are finalizing it
without proposing it in advance.
However, in the Proposed Rules section
of this Federal Register, we are
simultaneously proposing the same
error corrections. If we receive adverse
comments by April 25, 2022, we will
publish a timely withdrawal in the
Federal Register to notify the public
that the direct final error correction will
not take effect and we will address the
comments in a subsequent final action
based on the proposal. If we do not
receive timely adverse comments, the
direct final error correction will be
effective without further notice on May
24, 2022. This will incorporate these
rules into the federally enforceable SIP.
Please note that if the EPA receives
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, the EPA may
adopt as final those provisions of the
rule that are not the subject of an
adverse comment.
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III. Incorporation by Reference
In this action, the EPA is finalizing
the deletion of certain rules that were
previously incorporated by reference in
the applicable California SIP. In
accordance with requirements of 1 CFR
51.5, the EPA is deleting certain South
Coast AQMD rules that were applicable
in the Antelope Valley AQMD, as
described in the amendments to 40 CFR
52.220 as set out below. The EPA has
made, and will continue to make,
incorporation by reference documents
generally available electronically
through www.regulations.gov and/or in
hard copy at the appropriate EPA office
(see the ADDRESSES section of this
preamble for more information).
IV. Statutory and Executive Order
Reviews
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A. General Requirements
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
corrects errors in previous rulemakings
and does not impose additional
requirements beyond those imposed by
state law. For that reason, 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 certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• 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);
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• 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
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
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, this 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).
B. Submission to Congress and the
Comptroller General
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. The EPA will
submit a report containing this action
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).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by February 8, 2016.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed
and shall not postpone the effectiveness
of such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the Proposed Rules section
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of this Federal Register, rather than file
an immediate petition for judicial
review of this direct final rule, so that
the EPA can withdraw this direct final
rule and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile
organic compounds.
Dated: March 20, 2022.
Martha Guzman Aceves,
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
adding paragraphs (c)(79)(iv)(C),
(c)(125)(ii)(E), (c)(166)(i)(A)(2),
(c)(166)(i)(B), (c)(166)(ii),
(c)(184)(i)(B)(13), and (c)(184)(ii) to read
as follows:
■
§ 52.220
Identification of plan—in part.
*
*
*
*
*
(c) * * *
*
*
*
*
*
(79) * * *
(iv) * * *
(C) Previously approved on July 8,
1982 in paragraph (c)(79)(iv)(B) and
now deleted without replacement for
implementation in the Antelope Valley
Air Quality Management District, Rule
466.1.
*
*
*
*
*
(125) * * *
(ii) * * *
(E) Previously approved on November
16, 1983 in paragraph (c)(125)(ii)(D) and
now deleted without replacement for
implementation in the Antelope Valley
Air Quality Management District, Rule
467.
*
*
*
*
*
(166) * * *
(i) * * *
(A) * * *
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(2) Previously approved on January
15, 1987 in paragraph (c)(166)(i)(A)(1)
and now deleted without replacement
for implementation in the Antelope
Valley Air Quality Management District,
Rule 466.
(B) [Reserved]
(ii) [Reserved]
*
*
*
*
*
(184) * * *
(i) * * *
(B) * * *
(13) Previously approved on August
11, 1992 in paragraph (c)(184)(i)(B)(2)
and now deleted without replacement
for implementation in the Antelope
Valley Air Quality Management District,
Rule 465.
*
*
*
*
*
(ii) [Reserved]
*
*
*
*
■ 3. Section 52.220a in paragraph (c),
table 1 is amended by revising the
entries for ‘‘6452’’, ‘‘6452.2’’, ‘‘6558’’,
‘‘6577’’ and ‘‘6864’’ to read as follows:
*
§ 52.220a
*
Identification of plan—in part.
*
*
(c) * * *
*
*
TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1
State
effective
date
EPA
approval date
Additional explanation
*
11/1/2013
*
81 FR 64350, 9/20/
2016.
*
*
Amends previous version of rule approved at 77 FR 65294 (October 26,
2012). Amended rule adopted by the
California Department of Pesticide
Regulation on May 23, 2013. Submitted on February 4, 2015.
*
*
Volatile Organic Compound Emission
Limits.
*
11/1/2013
*
81 FR 64350, 9/20/
2016.
*
*
Amends previous version of rule approved at 77 FR 65294 (October 26,
2012). Amended rule adopted by the
California Department of Pesticide
Regulation on May 23, 2013. Submitted on February 4, 2015.
*
6558 ...................
*
*
Recommendations for Use of Nonfumigants in the San Joaquin Valley
Ozone Nonattainment Area.
*
11/1/2013
*
81 FR 64350, 9/20/
2016.
*
*
Adopted by the California Department of
Pesticide Regulation on May 23, 2013.
Submitted on February 4, 2015.
*
6577 ...................
*
*
Sales of Nonfumigants for Use in the
San Joaquin Valley Ozone Nonattainment Area.
*
11/1/2013
*
81 FR 64350, 9/20/
2016.
*
*
Adopted by the California Department of
Pesticide Regulation on May 23, 2013.
Submitted on February 4, 2015.
*
6864 ...................
*
*
Criteria for Identifying Pesticides as
Toxic Air Contaminants.
*
11/1/2013
*
81 FR 64350, 9/20/
2016.
*
*
Adopted by the California Department of
Pesticide Regulation on May 23, 2013.
Submitted on February 4, 2015.
State citation
Title/subject
*
6452 ...................
*
*
Reduced Volatile Organic Compound
Emissions Field Fumigation Methods.
*
6452.2 ................
*
*
*
*
*
*
*
1 Table
1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable SIP. Table 2 of paragraph (c) lists
approved California test procedures, test methods and specifications that are cited in certain regulations listed in table 1. Approved California
statutes that are nonregulatory or quasi-regulatory are listed in paragraph (e).
*
*
*
*
*
[FR Doc. 2022–06292 Filed 3–24–22; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
40 CFR Part 52
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[EPA–R03–OAR–2021–0854; FRL–9381–02–
R3]
Air Plan Approval; Delaware;
Philadelphia Area Base Year Inventory
for the 2015 Ozone National Ambient
Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
SUMMARY:
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implementation plan (SIP) revision
formally submitted by the State of
Delaware. This revision consists of the
base year inventory for the Delaware
portion of the Philadelphia-WilmingtonAtlantic City, PA–NJ–MD–DE marginal
nonattainment area (Philadelphia Area)
for the 2015 ozone national ambient air
quality standards (NAAQS). This action
is being taken under the Clean Air Act
(CAA).
DATES: This final rule is effective on
April 25, 2022.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2021–0854. All
documents in the docket are listed on
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]]>Agencies
[Federal Register Volume 87, Number 58 (Friday, March 25, 2022)]
[Rules and Regulations]
[Pages 17008-17011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06292]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0221; FRL-9598-02-R9]
Approval and Promulgation of Implementation Plans; California;
Correcting Amendments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: On August 28, 2009, the Environmental Protection Agency (EPA)
issued a final rule titled ``Revisions to the California State
Implementation Plan, Antelope Valley Air Quality Management District.''
That publication inadvertently omitted regulatory text rescinding four
previously approved rules for the Antelope Valley Air Quality
Management District portion of the California State Implementation Plan
(SIP). On September 20, 2016, the EPA issued a final rule titled
``Approval of California Air Plan Revisions, Department of Pesticide
Regulations.'' That publication listed the wrong EPA approval dates and
Federal Register citations for certain rules. The EPA is taking direct
final action to correct these errors.
DATES: This rule is effective on May 24, 2022 without further notice
unless the EPA receives adverse comments by April 25, 2022. If we
receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0221 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The 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. The 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://www.epa.gov/dockets/commenting-epa-dockets. 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.
[[Page 17009]]
FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3073 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'',
``us'' or ``our'' are used, we mean the EPA. Information is organized
as follows:
Table of Contents
I. Background
II. What the EPA Is Doing in This Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background
Each State has a SIP containing the control measures and strategies
used to attain and maintain the national ambient air quality standards
(NAAQS). The SIP is extensive, containing such elements as air
pollution control regulations, emission inventories, monitoring
networks, attainment demonstrations, and enforcement mechanisms.
Under the Clean Air Act (CAA or ``Act''), the states are
responsible for adopting and submitted SIPs and SIP revisions to
implement, maintain and enforce the NAAQS and to meet other related
requirements under the CAA and the EPA's implementing regulations. The
EPA is responsible for taking action to approve, disapprove or
conditionally approve, in whole or in part, SIPs and SIP revisions that
have been adopted by the states and submitted to the EPA. The EPA
reviews such SIPs and SIP revisions for compliance with all applicable
requirements of the CAA and the EPA's implementing regulations.
A. Addition of Regulatory Text Rescinding Certain Rules Applicable
Within the Antelope Valley Portion of California SIP
Formed in 1997, the Antelope Valley Air Quality Management District
(AQMD) administers air quality management programs in the Mojave Desert
portion of Los Angeles County that is referred to as ``Antelope
Valley.'' The Antelope Valley AQMD portion of the California SIP
includes rules adopted by various air pollution control agencies that
had jurisdiction over stationary sources in Antelope Valley since 1972,
including the Los Angeles County Air Pollution Control District (APCD),
the Southern California APCD, the South Coast Air Quality Management
District (AQMD), and the Antelope Valley AQMD.
On August 28, 2009 (74 FR 44294), the EPA took direct final action
to approve Antelope Valley AQMD Rule 1173 (``Fugitive Emissions of
Volatile Organic Compounds'') and to approve the rescission of four
rules originally adopted by the South Coast AQMD and carried forward as
part of the SIP for Antelope Valley when the Antelope Valley AQMD was
established: Rule 465 (``Vacuum Producing Devices or Systems''), Rule
466 (``Pumps and Compressors''), Rule 466.1 (``Valves and Flanges'')
and Rule 467 (``Pressure Relief Devices'').\1\
---------------------------------------------------------------------------
\1\ The EPA approved South Coast AQMD Rule 465, adopted on
December 7, 1990, at 57 FR 35758 (August 11, 1992). The EPA approved
South Coast AQMD Rule 466, adopted on October 7, 1983, at 52 FR 1627
(January 15, 1987). The EPA approved South Coast AQMD Rule 466.1,
adopted on May 2, 1980, at 47 FR 29668 (July 8, 1982). The EPA
approved South Coast AQMD Rule 467, adopted on March 5, 1982, at 48
FR 52054 (November 16, 1983).
---------------------------------------------------------------------------
In our 2009 direct final rule, we added regulatory text for the
approval of Antelope Valley AQMD Rule 1173 but inadvertently failed to
include regulatory text to remove South Coast AQMD Rules 465, 466,
466.1 and 467 from the applicable SIP for Antelope Valley. Through this
direct final rule, we are correcting the error by adding regulatory
text to codify the rescission of South Coast AQMD Rules 465, 466, 466.1
and 467 as applicable to the Antelope Valley AQMD.
B. Correction of EPA Approval Dates and Federal Register Citations for
Certain Rules Adopted by the California Department of Pesticide
Regulation
On September 20, 2016 (81 FR 64350), the EPA took final action to
approve certain rules adopted by the California Department of Pesticide
Regulation (DPR) for the California SIP. In our final rule, we
inadvertently cited the corresponding proposed rule (81 FR 6481,
February 8, 2016) as the citation and date for approval for some of the
rules, namely, California Code of Regulations (CCR), title 3, sections
6452, 6452.2, 6558, 6577 and 6864. Through this direct final rule, we
are correcting the EPA approval dates and Federal Register citations
for these DPR rules in the table of 40 CFR 52.220a(c) that lists EPA-
approved state statutes and regulations.
II. What the EPA Is Doing in This Action
Section 110(k)(6) of the Clean Air Act (CAA or ``Act''), as amended
in 1990, provides that, whenever the EPA determines that the EPA's
action approving, disapproving, or promulgating any plan or plan
revision (or part thereof), area designation, redesignation,
classification or reclassification was in error, the EPA may in the
same manner as the approval, disapproval, or promulgation revise such
action as appropriate without requiring any further submission from the
state. Such determination and the basis thereof must be provided to the
state and the public. We interpret this provision to authorize the EPA
to make corrections to a promulgated regulation when it is shown to our
satisfaction (or we discover) that (1) we clearly erred by failing to
consider or by inappropriately considering information made available
to the EPA at the time of the promulgation, or the information made
available at the time of promulgation is subsequently demonstrated to
have been clearly inadequate, and (2) other information persuasively
supports a change in the regulation. See 57 FR 56762, at 56763
(November 30, 1992) (correcting designations, boundaries, and
classifications of ozone, carbon monoxide, particulate matter and lead
areas).
In this action, pursuant to CAA section 110(k)(6), we are
correcting the August 28, 2009 direct final rule by adding regulatory
text that was inadvertently omitted and that removes rules for which we
approved rescissions from the Antelope Valley AQMD portion of the
California SIP. We are also correcting incorrect EPA approval dates and
Federal Register citations for certain DPR rules that we approved in a
September 20, 2016 final rule.
We do not think anyone will object to this approval, so we are
finalizing it without proposing it in advance. However, in the Proposed
Rules section of this Federal Register, we are simultaneously proposing
the same error corrections. If we receive adverse comments by April 25,
2022, we will publish a timely withdrawal in the Federal Register to
notify the public that the direct final error correction will not take
effect and we will address the comments in a subsequent final action
based on the proposal. If we do not receive timely adverse comments,
the direct final error correction will be effective without further
notice on May 24, 2022. This will incorporate these rules into the
federally enforceable SIP.
Please note that if the EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, the EPA may adopt as final
those provisions of the rule that are not the subject of an adverse
comment.
[[Page 17010]]
III. Incorporation by Reference
In this action, the EPA is finalizing the deletion of certain rules
that were previously incorporated by reference in the applicable
California SIP. In accordance with requirements of 1 CFR 51.5, the EPA
is deleting certain South Coast AQMD rules that were applicable in the
Antelope Valley AQMD, as described in the amendments to 40 CFR 52.220
as set out below. The EPA has made, and will continue to make,
incorporation by reference documents generally available electronically
through www.regulations.gov and/or in hard copy at the appropriate EPA
office (see the ADDRESSES section of this preamble for more
information).
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely corrects errors in previous rulemakings
and does not impose additional requirements beyond those imposed by
state law. For that reason, 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 certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
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 application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
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, this 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).
B. Submission to Congress and the Comptroller General
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. The EPA will submit a report containing this action 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).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 8, 2016. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that the EPA
can withdraw this direct final rule and address the comment in the
proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile organic compounds.
Dated: March 20, 2022.
Martha Guzman Aceves,
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 adding paragraphs (c)(79)(iv)(C),
(c)(125)(ii)(E), (c)(166)(i)(A)(2), (c)(166)(i)(B), (c)(166)(ii),
(c)(184)(i)(B)(13), and (c)(184)(ii) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
* * * * *
(79) * * *
(iv) * * *
(C) Previously approved on July 8, 1982 in paragraph (c)(79)(iv)(B)
and now deleted without replacement for implementation in the Antelope
Valley Air Quality Management District, Rule 466.1.
* * * * *
(125) * * *
(ii) * * *
(E) Previously approved on November 16, 1983 in paragraph
(c)(125)(ii)(D) and now deleted without replacement for implementation
in the Antelope Valley Air Quality Management District, Rule 467.
* * * * *
(166) * * *
(i) * * *
(A) * * *
[[Page 17011]]
(2) Previously approved on January 15, 1987 in paragraph
(c)(166)(i)(A)(1) and now deleted without replacement for
implementation in the Antelope Valley Air Quality Management District,
Rule 466.
(B) [Reserved]
(ii) [Reserved]
* * * * *
(184) * * *
(i) * * *
(B) * * *
(13) Previously approved on August 11, 1992 in paragraph
(c)(184)(i)(B)(2) and now deleted without replacement for
implementation in the Antelope Valley Air Quality Management District,
Rule 465.
* * * * *
(ii) [Reserved]
* * * * *
0
3. Section 52.220a in paragraph (c), table 1 is amended by revising the
entries for ``6452'', ``6452.2'', ``6558'', ``6577'' and ``6864'' to
read as follows:
Sec. 52.220a Identification of plan--in part.
* * * * *
(c) * * *
Table 1--EPA-Approved Statutes and State Regulations \1\
----------------------------------------------------------------------------------------------------------------
State Additional
State citation Title/subject effective date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
6452....................... Reduced Volatile 11/1/2013 81 FR 64350, 9/20/ Amends previous
Organic Compound 2016. version of rule
Emissions Field approved at 77 FR
Fumigation Methods. 65294 (October 26,
2012). Amended rule
adopted by the
California
Department of
Pesticide Regulation
on May 23, 2013.
Submitted on
February 4, 2015.
* * * * * * *
6452.2..................... Volatile Organic 11/1/2013 81 FR 64350, 9/20/ Amends previous
Compound Emission 2016. version of rule
Limits. approved at 77 FR
65294 (October 26,
2012). Amended rule
adopted by the
California
Department of
Pesticide Regulation
on May 23, 2013.
Submitted on
February 4, 2015.
* * * * * * *
6558....................... Recommendations for 11/1/2013 81 FR 64350, 9/20/ Adopted by the
Use of Nonfumigants 2016. California
in the San Joaquin Department of
Valley Ozone Pesticide Regulation
Nonattainment Area. on May 23, 2013.
Submitted on
February 4, 2015.
* * * * * * *
6577....................... Sales of Nonfumigants 11/1/2013 81 FR 64350, 9/20/ Adopted by the
for Use in the San 2016. California
Joaquin Valley Ozone Department of
Nonattainment Area. Pesticide Regulation
on May 23, 2013.
Submitted on
February 4, 2015.
* * * * * * *
6864....................... Criteria for 11/1/2013 81 FR 64350, 9/20/ Adopted by the
Identifying 2016. California
Pesticides as Toxic Department of
Air Contaminants. Pesticide Regulation
on May 23, 2013.
Submitted on
February 4, 2015.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable
SIP. Table 2 of paragraph (c) lists approved California test procedures, test methods and specifications that
are cited in certain regulations listed in table 1. Approved California statutes that are nonregulatory or
quasi-regulatory are listed in paragraph (e).
* * * * *
[FR Doc. 2022-06292 Filed 3-24-22; 8:45 am]
BILLING CODE 6560-50-P
