[Federal Register Volume 85, Number 146 (Wednesday, July 29, 2020)]
[Rules and Regulations]
[Pages 45537-45539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15699]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2019-0541; FRL-10012-17-Region 9]
Clean Air Plans; 2008 8-Hour Ozone Nonattainment Area
Requirements; Phoenix-Mesa, Arizona; Correcting Amendment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Correcting amendment.
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SUMMARY: On June 2, 2020, the Environmental Protection Agency (EPA)
issued a final rule entitled ``Clean Air Plans; 2008 8-Hour Ozone
Nonattainment Area Requirements; Phoenix-Mesa, Arizona.'' That
publication inadvertently omitted from the regulatory text the
disapproval of the portion of the ``MAG 2017 Eight-Hour Ozone Moderate
Area Plan for the Maricopa Nonattainment Area (December 2016)'' (``MAG
2017 Ozone Plan'') that addresses the requirements for contingency
measures for failure to attain or to make reasonable further progress
(RFP). This document corrects this error in the regulatory text.
DATES: This rule is effective on July 29, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2019-0541. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information 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.
FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, 75
Hawthorne Street, San Francisco, CA 94105. Phone: (415) 972-3848 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: On June 2, 2020, the Environmental
Protection Agency (EPA) issued a final rule entitled ``Clean Air Plans;
2008 8-Hour Ozone Nonattainment Area Requirements; Phoenix-Mesa,
Arizona.'' That publication inadvertently omitted from the regulatory
text the disapproval of the portion of the MAG 2017 Ozone Plan that
addresses the requirements for contingency measures for failure to
attain or to make RFP. This action corrects the omission in Section
52.120 table 1.
The EPA has determined that this action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation where public notice and
comment procedures are impracticable, unnecessary, or contrary to the
public interest. Public notice and comment for this action is
unnecessary because the underlying rule for which this correcting
amendment has been prepared was already subject to a 30-day comment
period, and this action is merely correcting a minor typographical
error in the rule text. Further, this action is consistent with the
purpose and rationale of the final rule, which is corrected herein.
Because this action does not change the EPA's analyses or overall
actions, no purpose would be served by additional public notice and
comment. Consequently, additional public notice and comment are
unnecessary.
The EPA also finds that there is good cause under APA section
553(d)(3) for this correction to become effective on 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 a
typographical error in a previous rulemaking. For these reasons, the
EPA finds good cause under APA section 553(d)(3) for this correction to
become effective on the date of publication of this action.
Statutory and Executive Order Reviews
Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993),
this action is not a ``significant regulatory action'' and is therefore
not subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to E.O. 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001). This action is not
an E.O. 13771 (82 FR 9339, February 2, 2017) regulatory action because
this action is not significant under E.O. 12866. Because the agency has
made a ``good cause'' finding that this action is not subject to
notice-and-comment requirements under the Administrative Procedures Act
or any other statute as indicated in the Supplementary Information
section above, it is not subject to the regulatory flexibility
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or
to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995
(UMRA) (Pub. L. 104-4). In addition, this action does not significantly
or uniquely affect small governments or impose a significant
intergovernmental mandate, as described in sections 203 and 204 of
UMRA. 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, the rule does not have tribal implications and will not
impose substantial direct costs on tribal
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governments or preempt tribal law as specified by E.O. 13175 (65 FR
67249, November 9, 2000). This rule will not have substantial direct
effects on the States, on the relationship between the National
Government and the States, or on the distribution of power and
responsibilities among the various levels of governments, as specified
by E.O. 13132 (64 FR 43255, August 10, 1999). This rule also is not
subject to E.O. 13045 (62 FR 19885, April 23, 1997), because it is not
economically significant. This typographical correction action does not
involve technical standards; thus the requirements of section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. The rule also does not involve special
consideration of environmental justice related issues as required by
E.O. 12898 (59 FR 7629, February 16, 1994). In issuing this rule, the
EPA has taken the necessary steps to eliminate drafting errors and
ambiguity, minimize potential litigation, and provide a clear legal
standard for affected conduct, as required by section 3 of E.O. 12988
(61 FR 4729, February 7, 1996). The EPA has complied with E.O. 12630
(53 FR 8859, March 15, 1998) by examining the takings implications of
the rule in accordance with the ``Attorney General's Supplemental
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated
Takings'' issued under the executive order. This rule does not impose
an information collection burden under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.).
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. 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 had made such a good cause finding,
including the reasons therefore, and established an effective date of
July 29, 2020. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This correction to
40 CFR part 52 for Arizona 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 dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 15, 2020.
John Busterud,
Regional Administrator, Region IX.
For the reasons stated in the preamble, EPA corrects Part 52,
Chapter I, Title 40 of the Code of Federal Regulations 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 table 1 in paragraph (e), under the heading
``Part D Elements and Plans for the Metropolitan Phoenix and Tucson
Areas,'' by removing the entry reading ``MAG 2017 Eight-Hour Ozone
Moderate Area Plan for the Maricopa Nonattainment Area (December
2016)'', and adding in its place in the table, an entry for ``MAG 2017
Eight-Hour Ozone Moderate Area Plan for the Maricopa Nonattainment Area
(December 2016) and appendices, excluding the contingency measure
element'' to read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(e) * * *
Table 1--EPA-Approved Non-Regulatory and Quasi-Regulatory Measures
[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] \1\
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Applicable
geographic or
Name of SIP provision nonattainment State submittal date EPA approval date Explanation
area or title/
subject
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The State of Arizona Air Pollution Control Implementation Plan
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* * * * * * *
MAG 2017 Eight-Hour Ozone Phoenix-Mesa 2008 December 19, 2016..... [INSERT Federal Adopted by the
Moderate Area Plan for the 8-hour ozone Register Arizona
Maricopa Nonattainment Area nonattainment CITATION], 7/29/ Department of
(December 2016) and area. 2020. Environmental
appendices, excluding the Quality by
contingency measure element. letter dated
December 13,
2016. EPA
approved all
elements except
the contingency
measure element.
* * * * * * *
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\1\ Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements
(excluding Part D Elements and Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or
Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas.
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[FR Doc. 2020-15699 Filed 7-28-20; 8:45 am]
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