Air Plan Approvals; Arizona; California; Correcting Amendments

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. 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).

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).

Accordingly, the Environmental Protection Agency is correcting 40 CFR part 52 by making the following correcting amendments:

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

2. In § 52.120, amend paragraph (c) by:

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:

(c) * * *