Rule2022-06292
Approval and Promulgation of Implementation Plans; California; Correcting Amendments
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 25, 2022
Effective
May 24, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 58 (Friday, March 25, 2022)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06292]
=======================================================================
-----------------------------------------------------------------------
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For comments submitted at
<a href="http://Regulations.gov">Regulations.gov</a>, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. 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 <a href="/cdn-cgi/l/email-protection#1d7a72737a3376786b74735d786d7c337a726b"><span class="__cf_email__" data-cfemail="02656d6c652c6967746b6c426772632c656d74">[email protected]</span></a>.
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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 25, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.