Rule2023-23740
Air Plan Revisions; California; Antelope Valley Air Quality Management District; Imperial County Air Pollution Control District; Correcting Amendments
Primary source
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Published
November 2, 2023
Effective
November 2, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to correct sections in the Code of Federal Regulations (CFR), erroneously caused by administrative oversight, to reflect the current status of conditional approval provisions in the California State Implementation Plan (SIP). These corrections concern Antelope Valley Air Quality Management District's (AVAQMD's) reasonably available control technology (RACT) SIP demonstration requirements for the 1997 and 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS) and Imperial County Air Pollution Control District's (ICAPCD's) RACT SIP demonstration requirements for the 2008 8-hour ozone NAAQS.
Full Text
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<title>Federal Register, Volume 88 Issue 211 (Thursday, November 2, 2023)</title>
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[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Rules and Regulations]
[Pages 75234-75236]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23740]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2017-0760, EPA-R09-OAR-2020-0476, and EPA-R09-OAR-2021-
0176; FRL-11409-01-R9]
Air Plan Revisions; California; Antelope Valley Air Quality
Management District; Imperial County Air Pollution Control District;
Correcting Amendments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendments.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to correct sections in the Code of Federal Regulations (CFR),
erroneously caused by administrative oversight, to reflect the current
status of conditional approval provisions in the California State
Implementation Plan (SIP). These corrections concern Antelope Valley
Air Quality Management District's (AVAQMD's) reasonably available
control technology (RACT) SIP demonstration requirements for the 1997
and 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS)
and Imperial County Air Pollution Control District's (ICAPCD's) RACT
SIP demonstration requirements for the 2008 8-hour ozone NAAQS.
DATES: These correcting amendments are effective on November 2, 2023.
ADDRESSES: The EPA has established dockets for this action under Docket
ID No. EPA-R09-OAR-2017-0760, EPA-R09-OAR-2020-0476, and EPA-R09-
[[Page 75235]]
OAR-2021-0176. All documents in the dockets are listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in the 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 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: Elijah Gordon, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3158 or by
email at <a href="/cdn-cgi/l/email-protection#3651594452595818535a5f5c575e7653465718515940"><span class="__cf_email__" data-cfemail="f4939b86909b9ada91989d9e959cb4918495da939b82">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Table 1 lists the documents addressed by
this corrective action with the dates they were locally adopted,
revised, or amended, and submitted by the California Air Resources
Board (CARB).
Table 1--RACT SIP Demonstrations and SIP-Approved Rules
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Local agency Document Local action Submitted
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AVAQMD............................... AVAQMD 8-Hour Reasonably Adopted 09/19/2006....... 01/31/2007
Available Control Technology--
State Implementation Plan
Analysis (RACT SIP Analysis)--
1997 8-hour Ozone NAAQS
``2006 RACT SIP''.
AVAQMD............................... AVAQMD 8-Hour Reasonably Adopted 07/21/2015....... 10/23/2015
Available Control Technology--
State Implementation Plan
Analysis (2015 RACT SIP
Analysis)--2008 8-hour Ozone
NAAQS ``2015 RACT SIP''.
AVAQMD............................... Rule 1151.1--Motor Vehicle Adopted 6/20/2017........ 8/9/2017
Assembly Coating Operations.
AVAQMD............................... Rule 1110.2--Emissions from Amended 09/18/2018....... 10/30/2018
Stationary, Non-Road and
Portable Internal Combustion
Engines.
ICAPCD............................... Reasonably Availability Adopted 09/12/2017....... 11/14/2017
Control Technology Analysis
for the 2017 Imperial County
State Implementation Plan for
the 2008 8-Hr Ozone Standard
``2017 RACT SIP''.
ICAPCD............................... Rule 415--Transfer and Storage Revised 11/03/2020....... 02/19/2021
of Gasoline.
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The EPA conditionally approved revisions to the AVAQMD portion of
the California SIP on October 10, 2017 (82 FR 46923). These revisions
concerned AVAQMD's demonstration regarding RACT requirements for the
AVAQMD portion of the Western Mojave Desert nonattainment area for the
1997 8-hour ozone NAAQS, and the AVAQMD portion of the West Mojave
Desert nonattainment area for the 2008 8-hour ozone NAAQS. In the
October 10, 2017 action, we added paragraphs (b), (b)(1), (b)(2),
(b)(3), and (b)(4) to the ``Identification of plan--conditional
approval'' section of 40 CFR part 52, subpart F (40 CFR 52.248),
addressing RACT demonstrations for rules deemed to not meet RACT
requirements. According to 40 CFR 52.248(b), if the State failed to
meet its commitment to address the identified deficiencies by November
9, 2018, the conditional approval would be treated as a disapproval.
The State submitted SIP revisions addressing all identified
deficiencies for the rules listed in paragraphs 40 CFR 52.248(b)(1)
through (4) in advance of this November 9, 2018 deadline.
We subsequently approved the SIP revisions addressing the
identified deficiencies. We finalized approval of Rule 1151.1 on May
24, 2018 (83 FR 24033). In that rulemaking action, we evaluated Rule
1151.1 for RACT-level stringency, and stated in our proposal that Rule
1151.1 regulates activities covered by the CTG document ``Control
Techniques Guidelines for Automobile and Light-Duty Truck Assembly
Coatings'' (EPA-453/R-08-006, September 2008).\1\ Our approval of Rule
1151.1 as establishing RACT for this CTG cured the identified
deficiencies associated with our conditional approval of the portion of
the District's RACT SIP associated with Rule 1151 in 40 CFR
52.248(b)(3).
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\1\ 83 FR 11944 (March 19, 2018). In the District's commitment
letter to CARB (dated 06/26/2017) and CARB's forwarded letter to the
EPA (dated 06/27/2017), AVAQMD stated that rather than adopt a
modification to Rule 1151 to address the RACT deficiency, it would
adopt a new rule, Rule 1151.1, to correct the identified deficiency.
They also stated their commitment to revise and correct identified
deficiencies within Rule 1110.2.
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Additionally, we finalized approval of Rule 1110.2 on September 10,
2021 (86 FR 50645). In that rulemaking action, we evaluated Rule 1110.2
for RACT-level stringency, and stated in our proposal that Rule 1110.2
was submitted in order to address the RACT deficiencies identified in
our previous conditional approval for major source NO<INF>X</INF>
RACT.\2\ Our approval of Rule 1110.2 as establishing RACT for the major
stationary sources regulated by this rule cured the identified
deficiency associated with our conditional approval of the portion of
the District's RACT SIP associated with Rule 1110.2 in 40 CFR
52.248(b)(2).
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\2\ 86 FR 17567 (April 5, 2021).
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Due to an administrative oversight, our notices approving these new
revisions neglected to remove the conditional approval language from 40
CFR 52.248(b)(2), 40 CFR 52.248(b)(3), and, consequently, 40 CFR
52.248(b). This action addresses this administrative oversight.
Separately, the EPA conditionally approved a revision to the ICAPCD
portion of the California SIP on February 13, 2020 (85 FR 8181). This
revision concerned ICAPCD's demonstration regarding RACT requirements
for the 2008 8-hour ozone NAAQS in the Imperial County ozone
nonattainment area. In the February 13, 2020 action, we added paragraph
(i) to 40 CFR 52.248, addressing RACT demonstrations for Rule 415, and
stating that if the State failed to meet its commitment to address
these identified deficiencies by one year from the date of the
conditional approval, the conditional approval would be treated as a
disapproval.\3\ The State submitted a revised Rule 415, addressing
these deficiencies in advance of this deadline.
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\3\ In the District's commitment letter to CARB (dated 05/08/
2019) and CARB's forwarded letter to the EPA (dated 05/28/2019),
ICAPCD stated their commitment to revise and correct identified
deficiencies within Rule 415.
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We finalized approval of the revised Rule 415 on September 2, 2021
(86 FR 49248). In that rulemaking action, we evaluated Rule 415 for
RACT-level stringency, and stated in our proposal
[[Page 75236]]
that Rule 415 regulates activities covered by the CTG document
``Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals''
(EPA-450/2-77-026, October 1977).\4\ That proposal stated that Rule 415
was revised in response to the EPA's previous conditional approval and
that the updated version of Rule 415 corrected the identified
deficiencies. Therefore, our approval of Rule 415 as establishing RACT
for this CTG cured the identified deficiency associated with our
conditional approval of the portion of the District's RACT SIP
associated with Rule 415 in 40 CFR 52.248(i). Due to an administrative
oversight, our notice approving Rule 415 neglected to remove the
conditional approval language from 40 CFR 52.248(i). This action
addresses this administrative oversight.
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\4\ 86 FR 24835 (May 10, 2021).
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For the reasons described above, this action corrects the
regulatory text to reflect the current status of AVAQMD's RACT SIP
demonstration for the 1997 and 2008 8-hour ozone NAAQS. The EPA is
removing Rule 1110.2, ``Emission from Stationary, Non-road & Portable
Internal Combustion Engines,'' and Rule 1151, ``Motor Vehicle and
Mobile Equipment Coating Operations,'' from the regulatory text at 40
CFR 52.248(b)(2) and 40 CFR 52.248(b)(3), respectively. Consequently,
AVAQMD has met its RACT SIP obligations for these 1997 and 2008 8-hour
NAAQS and, therefore, the EPA is removing the prior conditional
approvals for these RACT SIP demonstrations from the Code of Federal
Regulations (40 CFR 52.248(b)), leaving only the subsequently approved
rules in the California SIP. This action also corrects the regulatory
text to reflect the current status of ICAPCD's RACT SIP demonstration
for the 2008 8-hour ozone NAAQS. ICAPCD has met its RACT SIP
obligations for this NAAQS and, therefore, the EPA will remove the
prior conditional approval for this RACT SIP demonstration from the
Code of Federal Regulations (40 CFR 52.248(i)), leaving only the
subsequently approved rule in the California SIP.
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
public interest. Public notice and comment for this action is
unnecessary because the underlying rules and RACT evaluations were
already subject to a 30-day comment period, and this action is merely
making administrative changes and updating the regulatory text
accordingly. Further, this action is consistent with the purpose and
rationale of the final rules. 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 amendments 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 incomplete
amendatory instructions in previous rulemakings. For these reasons, the
EPA finds good cause under APA section 553(d)(3) for these changes to
become effective on the date of publication of this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: October 19, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
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 F--California
Sec. 52.248 [Amended]
0
2. Section 52.248 is amended by removing and reserving paragraphs (b)
and (i).
[FR Doc. 2023-23740 Filed 11-1-23; 8:45 am]
BILLING CODE 6560-50-P
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