Rule2024-23423
Air Plan Approvals; Arizona; 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
October 11, 2024
Effective
October 11, 2024
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 198 (Friday, October 11, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23423]
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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.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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:
<a href="/cdn-cgi/l/email-protection#5a2d3b343d74373b3f1a3f2a3b743d352c"><span class="__cf_email__" data-cfemail="1c6b7d727b32717d795c796c7d327b736a">[email protected]</span></a>.
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
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State effective Additional
County citation Title/subject date EPA approval date explanation
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Maricopa County Ordinance P-26.. Residential October 23, 2019.. April 14, 2022, 87 Submitted on
Burning FR 22135. November 20,
Restrictions. 2019.
* * * * * * *
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* * * * *
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\
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State
State citation Title/subject effective date EPA approval date Additional explanation
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* * * * * * *
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California Code of Regulations
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* * * * * * *
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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)
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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.
* * * * * * *
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\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
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State effective
Title/subject date EPA approval date Additional explanation
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* * * * * * *
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
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</html>Indexed from Federal Register on October 11, 2024.
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