Rule2022-26764
Determination To Defer Sanctions; California; Yolo-Solano Air Quality Management District
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
December 13, 2022
Effective
December 13, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is making an interim final determination that the California Air Resources Board has submitted a revised rule on behalf of the Yolo-Solano Air Quality Management District (YSAQMD) that corrects a deficiency in its Clean Air Act (CAA or Act) State implementation plan (SIP) provisions concerning reasonably available control technology (RACT) ozone nonattainment requirements for controlling emissions of volatile organic compounds (VOC) from solvent cleaning and degreasing operations. This determination is based on a proposed approval, published elsewhere in this issue of the Federal Register, of YSAQMD's Rule 2.31, which regulates this source category. The effect of this interim final determination is that the imposition of sanctions that was triggered by a prior disapproval by the EPA, is now deferred. If the EPA finalizes its approval of YSAQMD 's submission, relief from these sanctions will become permanent.
Full Text
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<title>Federal Register, Volume 87 Issue 238 (Tuesday, December 13, 2022)</title>
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[Federal Register Volume 87, Number 238 (Tuesday, December 13, 2022)]
[Rules and Regulations]
[Pages 76107-76109]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26764]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0795; FRL-10217-02-R9]
Determination To Defer Sanctions; California; Yolo-Solano Air
Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final determination.
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SUMMARY: The Environmental Protection Agency (EPA) is making an interim
final determination that the California Air Resources Board has
submitted a revised rule on behalf of the Yolo-Solano Air Quality
Management District (YSAQMD) that corrects a deficiency in its Clean
Air Act (CAA or Act) State implementation plan (SIP) provisions
concerning reasonably available control technology (RACT) ozone
nonattainment requirements for controlling emissions of volatile
organic compounds (VOC) from solvent cleaning and degreasing
operations. This determination is based on a proposed approval,
published elsewhere in this issue of the Federal Register, of YSAQMD's
Rule 2.31, which regulates this source category. The effect of this
interim final determination is that the imposition of sanctions that
was triggered by a prior disapproval by the EPA, is now deferred. If
the EPA finalizes its approval of YSAQMD 's submission, relief from
these sanctions will become permanent.
DATES: This interim final determination is effective on December 13,
2022. However, comments must be received on or before January 12, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0795 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
[[Page 76108]]
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://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.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.
FOR FURTHER INFORMATION CONTACT: Arnold Lazarus, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3024 or by
email at <a href="/cdn-cgi/l/email-protection#caa6abb0abb8bfb9e4abb8a4a5a6ae8aafbaabe4ada5bc"><span class="__cf_email__" data-cfemail="90fcf1eaf1e2e5e3bef1e2fefffcf4d0f5e0f1bef7ffe6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Background
II. The EPA's Evaluation and Action
III. Statutory and Executive Order Reviews
I. Background
On July 30, 2021 (86 FR 40959), the EPA issued a rule promulgating
a limited approval and limited disapproval for the YSAQMD rule listed
in Table 1 that was submitted by the California Air Resources Board
(CARB) to the EPA for inclusion into the California SIP.
Table 1--District Rule With Previous EPA Action
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Rule No. Rule title Revised Submitted EPA action in 2021
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2.31.............................. Solvent Cleaning and 11/2/2016 06/22/2017 Limited Approval and
Degreasing. Limited Disapproval.
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Areas classified as Moderate nonattainment for an ozone standard
must implement reasonably available control technology (RACT) for each
category of sources covered by a Control Techniques Guidelines (CTG)
document as well as each major source of VOCs in ozone nonattainment
areas classified as Moderate or above (see CAA section 182(b)(2)). The
YSAQMD area is classified as Severe nonattainment for the 2008 ozone
national ambient air quality standard (NAAQS) and Moderate
nonattainment for the 2015 ozone NAAQS.
In the 2021 final rule, we determined that the submitted YSAQMD
rule included a deficiency that precluded our full approval of the rule
into the SIP. YSAQMD's previously submitted Rule 2.31 exempted solvent
degreasing operations subject to the National Emission Standards for
Hazardous Air Pollutants (NESHAP) requirements of 40 CFR part 63
Subpart T--National Emission Standards for Halogenated Solvent Cleaning
from the control requirements under the rule, which we found did not
satisfy SIP requirements under CAA section 182(b)(2) because the RACT
requirements for sources subject to the NESHAP requirements of 40 CFR
Subpart T are not included in the SIP. Pursuant to section 179 of the
CAA and our regulations at 40 CFR 52.31, the disapproval action on Rule
2.31 under title I, part D started a sanctions clock for imposition of
offset sanctions 18 months after the action's effective date of August
30, 2021, and highway sanctions 6 months later.
On July 14, 2021, the YSAQMD revised Rule 2.31, and on July 18,
2022, CARB submitted the SIP revision to the EPA for approval into the
California SIP as shown in Table 2 below.
Table 2--Submitted Rule
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Rule No. Rule title Revised Submitted
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2.31....................................... Solvent Cleaning and Degreasing.... 07/14/2021 07/18/2022
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On September 30, 2022, the submittal for YSAQMD Rule 2.31 was
determined to meet the completeness criteria in 40 CFR part 51 Appendix
V, which must be met before formal EPA review.
The revised YSAQMD Rule 2.31 in Table 2 is intended to address the
disapproval issues in our 2021 final rule. In the Proposed Rules
section of this Federal Register, we have proposed approval of the
revised YSAQMD Rule 2.31. Based on this proposed action approving Rule
2.31 into the California SIP, we are also making this interim final
determination, effective on publication, to defer imposition of the
offset sanctions and highway sanctions that were triggered by our 2021
final action on Rule 2.31, because we believe that the submittal
corrects the deficiencies that triggered such sanctions.
The EPA is providing the public with an opportunity to comment on
this deferral of sanctions. If comments are submitted that change our
assessment described in this interim final determination and the
proposed full approval of YSAQMD Rule 2.31, we would take final action
to lift this deferral of sanctions under 40 CFR 52.31. If no comments
are submitted that change our assessment, then all sanctions and any
sanction clocks triggered by our 2021 final action would be permanently
terminated on the effective date of our final approval of Rule 2.31.
II. The EPA's Evaluation and Action
We are making an interim final determination to defer the
imposition of sanctions under CAA section 179 associated with our
disapproval action on July 30, 2021, of YSAQMD's Rule 2.31 with respect
to the requirements of part D of title I of the CAA. This determination
is based on our concurrent proposed approval of Rule 2.31 which
resolves the deficiency that triggered sanctions under section 179 of
the CAA.
Because the EPA has preliminarily determined that YSAQMD's Rule
2.31 addresses the limited disapproval issue under part D of title I of
the CAA identified in our 2021 final action and the rule is now fully
approvable, relief
[[Page 76109]]
from sanctions should be provided as quickly as possible. Therefore,
the EPA is invoking the good cause exception under the Administrative
Procedure Act (APA) in not providing an opportunity for comment before
this action takes effect (5 U.S.C. 553(b)(3)). However, by this action,
the EPA is providing the public with a chance to comment on the EPA's
determination after the effective date, and the EPA will consider any
comments received in determining whether to reverse such action.
The EPA believes that notice-and-comment rulemaking before the
effective date of this action is impracticable and contrary to the
public interest. The EPA has reviewed the State's submittal and,
through its proposed action, is indicating that it is more likely than
not that the State has submitted a revision to the SIP that corrects
deficiencies under part D of the Act that were the basis for the action
that started the sanctions clocks. Therefore, it is not in the public
interest to impose sanctions. The EPA believes that it is necessary to
use the interim final rulemaking process to defer sanctions while the
EPA completes its rulemaking process on the approvability of the
State's submittal. Moreover, with respect to the effective date of this
action, the EPA is invoking the good cause exception to the 30-day
notice requirement of the Administrative Procedures Act because the
purpose of this notice is to relieve a restriction (5 U.S.C.
553(d)(1)).
III. Statutory and Executive Order Reviews
This action defers sanctions and imposes no additional
requirements. 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> The State did not evaluate environmental justice
considerations as part of its SIP submittal. There is no information in
the record inconsistent with the stated goals of E.O 12898 of achieving
environmental justice for people of color, low-income populations, and
indigenous peoples.
<bullet> 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 governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
<bullet> Is subject to the Congressional Review Act (CRA), 5 U.S.C.
801 et seq., and the EPA will submit a rule report to each House of the
Congress and to the Comptroller General of the United States. The CRA
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 comment rulemaking procedures are impracticable,
unnecessary or contrary to the public interest (5 U.S.C. 808(2)). The
EPA has made a good cause finding for this rule as discussed in section
II of this preamble, including the basis for that finding.
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 13, 2023. Filing a petition for
reconsideration by the EPA Administrator of this final rule does not
affect the finality of this rule for the purpose of judicial review nor
does it extend the time within which petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements (see CAA 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
oxides, Ozone, Particulate matter, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 4, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-26764 Filed 12-12-22; 8:45 am]
BILLING CODE 6560-50-P
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