[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: 
<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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2024-23423 Filed 10-10-24; 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>