Air Plan Approvals; Arizona; California; Correcting Amendments, 82510-82513 [2024-23423]
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Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Rules and Regulations
human health or environmental effects’’
of their actions on communities with
environmental justice (EJ) concerns to
the greatest extent practicable and
permitted by law. The EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ The EPA
further defines the term fair treatment to
mean that ‘‘no group of people should
bear a disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The New Mexico Environmental
Department did not evaluate
environmental justice considerations as
part of its SIP revision submittal; the
CAA and applicable implementing
regulations neither prohibit nor require
such an evaluation. EPA performed an
environmental justice analysis, as is
described above in the section titled,
‘‘Environmental Justice
Considerations.’’ The analysis was done
for the purpose of providing additional
context and information about this
rulemaking to the public, not as a basis
of the action. Due to the nature of the
action being taken here, this action is
expected to have a neutral to positive
impact on the air quality of the affected
area. Consideration of EJ is not required
as part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
communities with EJ concerns.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where 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).
This action is subject to the
Congressional Review Act, and the EPA
will submit a rule report to each House
of the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
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 December 10,
2024. 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. 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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 3, 2024.
Earthea Nance,
Regional Administrator, Region 6.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends 40 CFR part 52 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 GG—New Mexico
2. In § 52.1620 (e), the table titled
‘‘EPA-Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures in the New Mexico SIP’’ is
amended by adding the entry ‘‘2020
Periodic Emissions Inventory (NOX and
VOC ozone daily summer season and
annual emissions) for the 2015 Ozone
NAAQS’’ at the end of the table to read
as follows:
■
§ 52.1620
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP
Name of SIP provision
Applicable geographic
or nonattainment area
*
*
*
*
2020 Periodic Emissions Inventory (NOX and Sunland Park ozone
VOC ozone daily summer season and annonattainment area.
nual emissions) for the 2015 Ozone NAAQS.
*
*
*
*
*
[FR Doc. 2024–23339 Filed 10–10–24; 8:45 am]
State submittal/
effective date
EPA approval date
*
12/20/2023
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
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40 CFR Part 52
[EPA–R09–OAR–2015–0083, EPA–R09–
OAR–2021–0773, EPA–R09–OAR–2022–
0306, and EPA–R09–OAR–2023–0479; FRL–
12172–01–R9]
Air Plan Approvals; Arizona;
California; Correcting Amendments
Environmental Protection
Agency (EPA).
ACTION: Correcting amendments.
AGENCY:
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10/11/2024, [Insert
Federal Register citation].
Explanation
*
On various dates, the
Environmental Protection Agency (EPA)
published final rules in the Federal
Register approving certain revisions to
the Arizona State Implementation Plan
(SIP) and the California SIP. In those
final rules, inadvertent errors in the
amendatory instructions resulted in
inaccuracies in the regulatory text
codifying the final actions into the Code
of Federal Regulations (CFR). This
document corrects the errors in the
regulatory text for those final rules.
DATES: These correcting amendments
are effective October 11, 2024.
SUMMARY:
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Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Rules and Regulations
The EPA has established
dockets for this action under Docket No.
EPA–R09–OAR–2015–0083, EPA–R09–
OAR–2021–0773, EPA–R09–OAR–
2022–0306, and EPA–R09–OAR–2023–
0479. All documents in the dockets are
listed on the https://
www.regulations.gov website. Although
listed in an 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
a disability who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
ADDRESSES:
Mae
Wang, EPA Region IX, 75 Hawthorne
Street, San Francisco, CA 94105; phone:
(415) 947–4137; email: wang.mae@
epa.gov.
FOR FURTHER INFORMATION CONTACT:
This
action corrects regulatory text errors
resulting from inadvertent errors in the
amendatory instructions in final
rulemakings affecting 40 CFR part 52.
This action does not change any final
action taken by the EPA in a previously
published final rule. This action merely
corrects regulatory text to properly
codify the EPA’s previously published
final rulemakings. An explanation of
each correction is listed below.
On March 27, 2015 (80 FR 16289), the
EPA published a direct final rule that,
among other actions, approved Ventura
County Air Pollution Control District
(APCD) Rule 74.31, ‘‘Metalworking
Fluids and Direct-Contact Lubricants,’’
adopted on November 12, 2013, as a
revision to the California SIP. However,
there was a typographic error in the
amendatory instructions. The
instructions for adding paragraph
52.220(c)(441)(i)(C)(2) inadvertently
omitted the rule number from the text
to be added. The EPA is correcting the
text for paragraph 52.220(c)(441)(i)(C)(2)
in this action.
On September 28, 2022 (87 FR 58729),
the EPA published a final rule
approving four permitting rules
submitted as a revision to the San Diego
County APCD portion of the California
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SUPPLEMENTARY INFORMATION:
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SIP.1 The revision concerned San Diego
APCD Rule 11, ‘‘Exemptions From Rule
10 Permit Requirements,’’ Rule 20.1,
‘‘New Source Review—General
Provisions,’’ Rule 20.3, ‘‘New Source
Review—Major Stationary Sources and
PSD Stationary Sources,’’ and Rule 20.4,
‘‘New Source Review—Portable
Emission Units.’’ However, the text of
the newly added paragraphs to codify
the replacement of the previouslyapproved versions of these rules
inadvertently listed the incorrect
adoption dates for the replaced rules. In
this action, the EPA is correcting the
rule adoption dates appearing in
52.220(c)(488)(i)(A)(6), (c)(539)(i)(A)(5),
(c)(539)(i)(A)(6), and (c)(539)(i)(A)(7).
On February 9, 2024 (89 FR 8999), the
EPA published a final rule approving a
revision to the California Air Resources
Board (CARB) portion of the California
SIP. This revision concerned regulations
and a certification procedure for
certification of vapor recovery systems
for gasoline cargo tanks. However, there
was a typographic error in the
amendatory instructions for codifying
the CARB regulation and the
certification procedure. The date of the
submittal letter listed in the
corresponding entries for this revision
in 40 CFR 52.220a(c) table 1 and table
2 should have been September 8, 2023,
rather than September 21, 2023. The
EPA is correcting this date in this
action.
On April 14, 2022 (87 FR 22135), the
EPA published a final rule that, among
other actions, approved Maricopa
County Ordinance P–26, ‘‘Residential
Burning Restrictions,’’ revised October
23, 2019, as a revision to the Maricopa
County portion of the Arizona SIP.
However, the amendatory instructions
erroneously added an entry for
Ordinance P–26 to table 4 of 40 CFR
52.120(c), rather than replacing the
previously-approved entry for Maricopa
County Ordinance P–26 in table 6 of 40
CFR 52.120(c). The EPA is correcting
this error in this action.
The EPA has determined that this
action falls under the ‘‘good cause’’
exemption in section 553(b)(B) of the
Administrative Procedure Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation where public notice
and comment procedures are
1 On October 27, 2022 (87 FR 65015), the EPA
published a correcting amendment to correct the
amendatory instructions appearing in the
September 28, 2022 final rule for codifying the
replacement of the previously-approved versions of
Rule 20.1, Rule 20.3. and Rule 20.4. The September
28, 2022 final rule had listed the incorrect
paragraphs for the previously-approved versions of
these rules and those corrections were made in the
October 27, 2022 action.
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82511
impracticable, unnecessary, or contrary
to the public interest. Public notice and
comment for this action is unnecessary
because the underlying rules for which
these correcting amendments have been
prepared were already subject to 30-day
comment periods. Further, this action is
consistent with the purposes and
rationales of the final rules for which
inaccurate 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
these corrections 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
inaccurate amendatory instructions in
previous rulemakings. For these
reasons, the EPA finds good cause under
APA section 553(d)(3) for these
corrections to become effective on the
date of publication of this action.
This action is subject to the
Congressional Review Act (CRA), and
the EPA will submit a rule report 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, for this action to
become effective on the date of
publication. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Particulate
matter, Reporting and recordkeeping
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Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Rules and Regulations
requirements, Volatile organic
compounds.
a. Removing the subheading for
‘‘Maricopa County Ordinances’’ and the
entry for ‘‘Ordinance P–26’’ in table 4,
under the heading ‘‘Post-July 1988 Rule
Codification,’’; and
■ b. Revising the entry for ‘‘Maricopa
County Ordinance P–26’’ in table 6.
The revision reads as follows:
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Dated: October 2, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
1. The authority citation for part 52
continues to read as follows:
■
Accordingly, the Environmental
Protection Agency is correcting 40 CFR
part 52 by making the following
correcting amendments:
Authority: 42 U.S.C. 7401 et seq.
Subpart D—Arizona
§ 52.120
*
2. In § 52.120, amend paragraph (c)
by:
■
Identification of plan.
*
*
(c) * * *
*
*
TABLE 6—EPA-APPROVED ORDINANCES ADOPTED BY MARICOPA COUNTY AND OTHER LOCAL JURISDICTIONS WITHIN
MARICOPA COUNTY
County citation
Title/subject
Maricopa County Ordinance P–26.
Residential Burning Restrictions.
*
*
*
*
*
*
*
3. Section 52.220 is amended by
revising paragraphs (c)(441)(i)(C)(2);
(c)(488)(i)(A)(6); (c)(539)(i)(A)(5), (6);
and (7).
The revisions read as follows:
■
Identification of plan—in part.
*
*
*
*
(c) * * *
(441) * * *
(i) * * *
(C) * * *
(2) Rule 74.31, ‘‘Metalworking Fluids
and Direct-Contact Lubricants,’’ adopted
on November 12, 2013.
*
*
*
*
*
(488) * * *
(i) * * *
(A) * * *
(6) Previously approved on October 4,
2018, in paragraph (c)(488)(i)(A)(3) of
this section and now deleted with
replacement in paragraph
(c)(557)(i)(B)(1) of this section: Rule 11,
‘‘Exemptions from Rule 10 Permit
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*
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EPA approval date
October 23, 2019 ..............
*
Subpart F—California
§ 52.220
State effective date
*
April 14, 2022, 87 FR
22135.
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Submitted on November
20, 2019.
*
Requirements,’’ revision adopted on
May 11, 2016.
*
*
*
*
*
(539) * * *
(i) * * *
(A) * * *
(5) Previously approved on September
16, 2020, in paragraph (c)(539)(i)(A)(1)
of this section and now deleted with
replacement in paragraph
(c)(588)(i)(A)(1) of this section: Rule
20.1, ‘‘New Source Review—General
Provisions,’’ revision adopted on June
26, 2019.
(6) Previously approved on September
16, 2020, in paragraph (c)(539)(i)(A)(3)
of this section and now deleted with
replacement in paragraph
(c)(588)(i)(A)(2) of this section: Rule
20.3, ‘‘New Source Review—Major
Stationary Sources and PSD Stationary
Sources’’ (except paragraphs (d)(1)(vi),
(d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and
(d)(3)), revision adopted on June 26,
2019.
(7) Previously approved on September
16, 2020, in paragraph (c)(539)(i)(A)(4)
of this section and now deleted with
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*
*
replacement in paragraph
(c)(588)(i)(A)(3), of this section: Rule
20.4, ‘‘New Source Review—Portable
Emission Units’’ (except paragraphs
(b)(2), (b)(3), (d)(1)(iii), (d)(2)(i)(B),
(d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5)),
revision adopted on June 26, 2019.
*
*
*
*
*
■ 4. In § 52.220a, amend paragraph (c)
by:
■ a. Revising the entry for ‘‘94014’’ in
table 1, under the subheading ‘‘Title 17
(Public Health), Division 3 (Air
Resources), Chapter 1 (Air Resources
Board); Subchapter 8 (Compliance with
Nonvehicular Emissions Standards);
Article 1 (Vapor Recovery Systems in
Gasoline Marketing Operations)’’; and
■ b. Revising the entry for ‘‘Certification
Procedure CP–204 Certification
Procedure for Vapor Recovery Systems
of Cargo Tanks’’ in table 2.
The revisions read as follows:
§ 52.220a
*
Identification of plan—in part.
*
*
(c) * * *
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*
82513
Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Rules and Regulations
TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1
State citation
State effective
date
Title/subject
*
*
*
EPA approval date
*
Additional explanation
*
*
*
*
*
*
California Code of Regulations
*
*
*
*
Title 17 (Public Health), Division 3 (Air Resources), Chapter 1 (Air Resources Board); Subchapter 8 (Compliance with Nonvehicular
Emissions Standards); Article 1 (Vapor Recovery Systems in Gasoline Marketing Operations)
94014 .............
Certification of Vapor Recovery Systems
for Cargo Tanks.
*
*
7/12/2023
*
2/9/2024, 89 FR
8999.
*
Submitted on September 13, 2023, as an
attachment to a letter dated September
8, 2023.
*
*
*
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).
TABLE 2—EPA-APPROVED CALIFORNIA TEST PROCEDURES, TEST METHODS, AND SPECIFICATIONS
Title/subject
*
*
*
Certification Procedure CP–204 Certification Procedure for Vapor Recovery Systems of Cargo
Tanks.
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R01–OAR–2024–0462; FRL–12317–
01–R1]
Approval and Promulgation of State
Plans (Negative Declarations) for
Designated Facilities and Pollutants:
Maine and Massachusetts
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking a direct final
action to approve negative declarations
in lieu of State plans to satisfy the
requirements in the Emission
Guidelines and Compliance Times for
Commercial and Industrial Solid Waste
Incineration Units for the State of Maine
and the Commonwealth of
Massachusetts. The negative
declarations certify that the States do
not have any existing sources within
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SUMMARY:
16:13 Oct 10, 2024
EPA approval date
Additional explanation
7/12/2023
*
*
2/9/2024, 89 FR 8999 ...
*
*
Submitted on September 13, 2023, as an attachment to a letter dated September 8, 2023.
*
[FR Doc. 2024–23423 Filed 10–10–24; 8:45 am]
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date
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*
their jurisdictions that must comply
with the rule.
DATES: This direct final rule will be
effective December 10, 2024, unless EPA
receives adverse comments by
November 12, 2024. 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: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2024–0462. 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, i.e., 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 at https://
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
Region 1 Regional Office, Air and
Radiation Division, 5 Post Office
Square—Suite 100, Boston, MA. EPA
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*
requests that, if at all possible, you
contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays and
facility closures due to COVID–19.
FOR FURTHER INFORMATION CONTACT:
Jessica Kilpatrick, Air Permits, Toxics,
and Indoor Programs Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 1, 5 Post
Office Square, APTB05–2, Boston, MA
02109–0287. Telephone: 617–918–1652.
Fax: 617–918–0652 Email:
kilpatrick.jessica@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Commercial and Industrial Solid Waste
Incineration Regulations
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
The Clean Air Act (CAA) delineates
regulations for air pollution emissions
that can adversely impact public health.
Section 111(d) of the CAA sets
standards of performance for existing
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]]>Agencies
[Federal Register Volume 89, Number 198 (Friday, October 11, 2024)]
[Rules and Regulations]
[Pages 82510-82513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23423]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2015-0083, EPA-R09-OAR-2021-0773, EPA-R09-OAR-2022-0306,
and EPA-R09-OAR-2023-0479; FRL-12172-01-R9]
Air Plan Approvals; Arizona; California; Correcting Amendments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: On various dates, the Environmental Protection Agency (EPA)
published final rules in the Federal Register approving certain
revisions to the Arizona State Implementation Plan (SIP) and the
California SIP. In those final rules, inadvertent errors in the
amendatory instructions resulted in inaccuracies in the regulatory text
codifying the final actions into the Code of Federal Regulations (CFR).
This document corrects the errors in the regulatory text for those
final rules.
DATES: These correcting amendments are effective October 11, 2024.
[[Page 82511]]
ADDRESSES: The EPA has established dockets for this action under Docket
No. EPA-R09-OAR-2015-0083, EPA-R09-OAR-2021-0773, EPA-R09-OAR-2022-
0306, and EPA-R09-OAR-2023-0479. All documents in the dockets are
listed on the https://www.regulations.gov website. Although listed in
an 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 a
disability 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: Mae Wang, EPA Region IX, 75 Hawthorne
Street, San Francisco, CA 94105; phone: (415) 947-4137; email:
[email protected].
SUPPLEMENTARY INFORMATION: This action corrects regulatory text errors
resulting from inadvertent errors in the amendatory instructions in
final rulemakings affecting 40 CFR part 52. This action does not change
any final action taken by the EPA in a previously published final rule.
This action merely corrects regulatory text to properly codify the
EPA's previously published final rulemakings. An explanation of each
correction is listed below.
On March 27, 2015 (80 FR 16289), the EPA published a direct final
rule that, among other actions, approved Ventura County Air Pollution
Control District (APCD) Rule 74.31, ``Metalworking Fluids and Direct-
Contact Lubricants,'' adopted on November 12, 2013, as a revision to
the California SIP. However, there was a typographic error in the
amendatory instructions. The instructions for adding paragraph
52.220(c)(441)(i)(C)(2) inadvertently omitted the rule number from the
text to be added. The EPA is correcting the text for paragraph
52.220(c)(441)(i)(C)(2) in this action.
On September 28, 2022 (87 FR 58729), the EPA published a final rule
approving four permitting rules submitted as a revision to the San
Diego County APCD portion of the California SIP.\1\ The revision
concerned San Diego APCD Rule 11, ``Exemptions From Rule 10 Permit
Requirements,'' Rule 20.1, ``New Source Review--General Provisions,''
Rule 20.3, ``New Source Review--Major Stationary Sources and PSD
Stationary Sources,'' and Rule 20.4, ``New Source Review--Portable
Emission Units.'' However, the text of the newly added paragraphs to
codify the replacement of the previously-approved versions of these
rules inadvertently listed the incorrect adoption dates for the
replaced rules. In this action, the EPA is correcting the rule adoption
dates appearing in 52.220(c)(488)(i)(A)(6), (c)(539)(i)(A)(5),
(c)(539)(i)(A)(6), and (c)(539)(i)(A)(7).
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\1\ On October 27, 2022 (87 FR 65015), the EPA published a
correcting amendment to correct the amendatory instructions
appearing in the September 28, 2022 final rule for codifying the
replacement of the previously-approved versions of Rule 20.1, Rule
20.3. and Rule 20.4. The September 28, 2022 final rule had listed
the incorrect paragraphs for the previously-approved versions of
these rules and those corrections were made in the October 27, 2022
action.
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On February 9, 2024 (89 FR 8999), the EPA published a final rule
approving a revision to the California Air Resources Board (CARB)
portion of the California SIP. This revision concerned regulations and
a certification procedure for certification of vapor recovery systems
for gasoline cargo tanks. However, there was a typographic error in the
amendatory instructions for codifying the CARB regulation and the
certification procedure. The date of the submittal letter listed in the
corresponding entries for this revision in 40 CFR 52.220a(c) table 1
and table 2 should have been September 8, 2023, rather than September
21, 2023. The EPA is correcting this date in this action.
On April 14, 2022 (87 FR 22135), the EPA published a final rule
that, among other actions, approved Maricopa County Ordinance P-26,
``Residential Burning Restrictions,'' revised October 23, 2019, as a
revision to the Maricopa County portion of the Arizona SIP. However,
the amendatory instructions erroneously added an entry for Ordinance P-
26 to table 4 of 40 CFR 52.120(c), rather than replacing the
previously-approved entry for Maricopa County Ordinance P-26 in table 6
of 40 CFR 52.120(c). The EPA is correcting this error in this action.
The EPA has determined that this action falls under the ``good
cause'' exemption in section 553(b)(B) of the Administrative Procedure
Act (APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation where public notice and comment
procedures are impracticable, unnecessary, or contrary to the public
interest. Public notice and comment for this action is unnecessary
because the underlying rules for which these correcting amendments have
been prepared were already subject to 30-day comment periods. Further,
this action is consistent with the purposes and rationales of the final
rules for which inaccurate 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 these corrections 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 inaccurate
amendatory instructions in previous rulemakings. For these reasons, the
EPA finds good cause under APA section 553(d)(3) for these corrections
to become effective on the date of publication of this action.
This action is subject to the Congressional Review Act (CRA), and
the EPA will submit a rule report 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, for this action
to become effective on the date of publication. This action is not a
``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Particulate matter, Reporting and recordkeeping
[[Page 82512]]
requirements, Volatile organic compounds.
Dated: October 2, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Accordingly, the Environmental Protection Agency is correcting 40
CFR part 52 by making the following correcting amendments:
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 D--Arizona
0
2. In Sec. 52.120, amend paragraph (c) by:
0
a. Removing the subheading for ``Maricopa County Ordinances'' and the
entry for ``Ordinance P-26'' in table 4, under the heading ``Post-July
1988 Rule Codification,''; and
0
b. Revising the entry for ``Maricopa County Ordinance P-26'' in table
6.
The revision reads as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
Table 6--EPA-Approved Ordinances Adopted by Maricopa County and Other Local Jurisdictions Within Maricopa County
----------------------------------------------------------------------------------------------------------------
State effective Additional
County citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
Maricopa County Ordinance P-26.. Residential October 23, 2019.. April 14, 2022, 87 Submitted on
Burning FR 22135. November 20,
Restrictions. 2019.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Subpart F--California
0
3. Section 52.220 is amended by revising paragraphs (c)(441)(i)(C)(2);
(c)(488)(i)(A)(6); (c)(539)(i)(A)(5), (6); and (7).
The revisions read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(441) * * *
(i) * * *
(C) * * *
(2) Rule 74.31, ``Metalworking Fluids and Direct-Contact
Lubricants,'' adopted on November 12, 2013.
* * * * *
(488) * * *
(i) * * *
(A) * * *
(6) Previously approved on October 4, 2018, in paragraph
(c)(488)(i)(A)(3) of this section and now deleted with replacement in
paragraph (c)(557)(i)(B)(1) of this section: Rule 11, ``Exemptions from
Rule 10 Permit Requirements,'' revision adopted on May 11, 2016.
* * * * *
(539) * * *
(i) * * *
(A) * * *
(5) Previously approved on September 16, 2020, in paragraph
(c)(539)(i)(A)(1) of this section and now deleted with replacement in
paragraph (c)(588)(i)(A)(1) of this section: Rule 20.1, ``New Source
Review--General Provisions,'' revision adopted on June 26, 2019.
(6) Previously approved on September 16, 2020, in paragraph
(c)(539)(i)(A)(3) of this section and now deleted with replacement in
paragraph (c)(588)(i)(A)(2) of this section: Rule 20.3, ``New Source
Review--Major Stationary Sources and PSD Stationary Sources'' (except
paragraphs (d)(1)(vi), (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and
(d)(3)), revision adopted on June 26, 2019.
(7) Previously approved on September 16, 2020, in paragraph
(c)(539)(i)(A)(4) of this section and now deleted with replacement in
paragraph (c)(588)(i)(A)(3), of this section: Rule 20.4, ``New Source
Review--Portable Emission Units'' (except paragraphs (b)(2), (b)(3),
(d)(1)(iii), (d)(2)(i)(B), (d)(2)(iv), (d)(2)(v)(B), (d)(3) and
(d)(5)), revision adopted on June 26, 2019.
* * * * *
0
4. In Sec. 52.220a, amend paragraph (c) by:
0
a. Revising the entry for ``94014'' in table 1, under the subheading
``Title 17 (Public Health), Division 3 (Air Resources), Chapter 1 (Air
Resources Board); Subchapter 8 (Compliance with Nonvehicular Emissions
Standards); Article 1 (Vapor Recovery Systems in Gasoline Marketing
Operations)''; and
0
b. Revising the entry for ``Certification Procedure CP-204
Certification Procedure for Vapor Recovery Systems of Cargo Tanks'' in
table 2.
The revisions read as follows:
Sec. 52.220a Identification of plan--in part.
* * * * *
(c) * * *
[[Page 82513]]
Table 1--EPA-Approved Statutes and State Regulations \1\
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
California Code of Regulations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Title 17 (Public Health), Division 3 (Air Resources), Chapter 1 (Air Resources Board); Subchapter 8 (Compliance
with Nonvehicular Emissions Standards); Article 1 (Vapor Recovery Systems in Gasoline Marketing Operations)
----------------------------------------------------------------------------------------------------------------
94014.................. Certification of Vapor 7/12/2023 2/9/2024, 89 FR Submitted on September
Recovery Systems for 8999. 13, 2023, as an
Cargo Tanks. attachment to a letter
dated September 8,
2023.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\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).
Table 2--EPA-Approved California Test Procedures, Test Methods, and Specifications
----------------------------------------------------------------------------------------------------------------
State effective
Title/subject date EPA approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Certification Procedure CP-204 7/12/2023 2/9/2024, 89 FR 8999.... Submitted on September 13,
Certification Procedure for Vapor 2023, as an attachment to a
Recovery Systems of Cargo Tanks. letter dated September 8,
2023.
* * * * * * *
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* * * * *
[FR Doc. 2024-23423 Filed 10-10-24; 8:45 am]
BILLING CODE 6560-50-P
