Rule2023-06562
Determination To Defer Sanctions; California; El Dorado County 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
March 31, 2023
Effective
March 31, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is making an interim final determination that the State of California has submitted a rule that satisfies the requirements of title I, part D of the Clean Air Act (CAA or "Act") permitting program for areas under the jurisdiction of the El Dorado County Air Quality Management District (EDCAQMD or "District"). This determination is based on a proposed approval, published elsewhere in this Federal Register, of a District rule addressing these requirements. The effect of this interim final determination is to defer the imposition of sanctions that were triggered by a previous EPA action that included a limited disapproval of a District rule intended to address title I, Part D requirements.
Full Text
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<title>Federal Register, Volume 88 Issue 62 (Friday, March 31, 2023)</title>
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[Federal Register Volume 88, Number 62 (Friday, March 31, 2023)]
[Rules and Regulations]
[Pages 19225-19227]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06562]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0910; FRL-10564-02-R9]
Determination To Defer Sanctions; California; El Dorado County
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 State of California has submitted a rule
that satisfies the requirements of title I, part D of the Clean Air Act
(CAA or ``Act'') permitting program for areas under the jurisdiction of
the El Dorado County Air
[[Page 19226]]
Quality Management District (EDCAQMD or ``District''). This
determination is based on a proposed approval, published elsewhere in
this Federal Register, of a District rule addressing these
requirements. The effect of this interim final determination is to
defer the imposition of sanctions that were triggered by a previous EPA
action that included a limited disapproval of a District rule intended
to address title I, Part D requirements.
DATES: This interim final determination is effective on March 31, 2023.
However, comments will be accepted until May 1, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0910 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 information you consider
Confidential Business Information (CBI) or other information the
disclosure of which 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://www.epa.gov/dockets/commenting-epa-dockets">https://www.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: Camille Cassar, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105; by phone: (415)-947-4164; or by
email to <a href="/cdn-cgi/l/email-protection#9efdffededffecb0fdfff3f7f2f2fbdefbeeffb0f9f1e8"><span class="__cf_email__" data-cfemail="dfbcbeacacbeadf1bcbeb2b6b3b3ba9fbaafbef1b8b0a9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to the EPA.
Table of Contents
I. Background
II. EPA Action
III. Statutory and Executive Order Reviews
I. Background
On February 2, 2000, the EPA issued a final limited approval and
limited disapproval action addressing certain revisions to the District
portion of the California State Implementation Plan (SIP) (``2000 NSR
action'').\1\ The 2000 NSR Action addressed the District's permitting
program for the issuance of New Source Review (NSR) permits for
stationary sources, including review and permitting of major and minor
sources under the Act. In the 2000 NSR Action, we determined that while
the District's SIP revision submittal strengthened the California SIP,
District Rule 523, adopted by the District on April 26, 1994, did not
fully meet the requirements for Nonattainment NSR (NNSR) permitting
programs for major sources under title I, part D, of the Act.
Accordingly, the 2000 NSR Action included a limited disapproval under
title I, part D, of the Act, relating to NNSR program requirements for
nonattainment areas. Pursuant to section 179 of the CAA and our
regulations at 40 CFR 52.31, this limited disapproval action started a
sanctions clock for imposition of offset sanctions and highway
sanctions.
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\1\ 65 FR 4887 (Feb. 2, 2000).
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On December 7, 2021, the District adopted Rule 523-1, and on March
9, 2022, the California Air Resources Board submitted Rule 523-1 to the
EPA for approval into the El Dorado County portion of the California
SIP (``2022 NSR Submittal''). Rule 523-1 was intended to address all
currently applicable NNSR program requirements under title I, part D of
the Act, including all the provisions necessary to correct the
deficiencies with the District's NNSR program that formed the basis for
the EPA's limited disapproval in the 2000 NSR action. In the Proposed
Rules section of this Federal Register, we have proposed approval of
the District's 2022 NSR submittal. Based on this proposed approval
action, we are also taking this final rulemaking action, effective upon
publication, to defer imposition of the offset sanctions and highway
sanctions that were triggered by the EPA's February 2, 2000 limited
disapproval of the District's NNSR permitting program, because we
believe that the 2022 NSR 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, as described in this final determination and in our
proposed approval of the District's 2022 NSR Submittal, with respect to
the deficiencies identified as the basis for our limited approval in
the 2000 NSR Action, we will take final action proposing 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 2000 NSR Action will be permanently terminated on the
effective date of our final approval of the 2022 NSR Submittal.
II. EPA Action
We are making an interim final determination to defer CAA section
179 sanctions associated with our February 2, 2000 limited disapproval
of the District's NNSR permitting program. This determination is based
on our concurrent proposal to fully approve the District's 2022 NSR
submittal, which resolves the deficiencies that triggered sanctions
under section 179 of the CAA.
Because the EPA has preliminarily determined that the District's
2022 NSR Submittal addresses the deficiencies identified in the
February 2, 2000 limited disapproval action and is fully approvable,
relief 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 District's submittal and,
through its proposed action, is indicating that it is more likely than
not that it corrects the deficiencies 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 we complete our rulemaking process on the approvability
of the District'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 APA because the purpose of this
notice is to relieve a restriction (5 U.S.C. 553(d)(1)).
[[Page 19227]]
III. Statutory and Executive Order Reviews
This action defers sanctions and imposes no additional
requirements.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This proposed action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. This action defers sanctions and imposes no new requirements.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This action
defers sanctions and imposes no new requirements.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It 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 government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. This action defers sanctions and imposes no new
requirements. In addition, this action does not 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. Thus, Executive Order
13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) directs
Federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations (people of color) and low-income
populations.
The EPA believes that this type of action does not concern human
health or environmental conditions and therefore cannot be evaluated
with respect to potentially disproportionate and adverse effects on
people of color, low-income populations, and/or Indigenous peoples.
This action defers sanctions in accordance with CAA regulatory
provisions and imposes no additional requirements.
Although this action does not concern human health or environmental
conditions, the EPA identifies and addresses environmental justice
concerns by promoting meaningful involvement in this action through
providing the public with an opportunity to comment on this deferral of
sanctions as well as the opportunity to comment on our proposed
approval of the District's 2022 NSR submittal in the Proposed Rules
section of this Federal Register.
K. Congressional Review Act (CRA)
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. 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 action 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 May 30, 2023. Filing a petition for
reconsideration by the EPA Administrator of this action does not affect
the finality of this action 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, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Nitrogen oxides, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 24, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023-06562 Filed 3-30-23; 8:45 am]
BILLING CODE 6560-50-P
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