Rule2023-27687
Interim Final Determination To Stay or Defer Sanctions; California; San Joaquin Valley Unified Air Pollution Control District
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Published
December 20, 2023
Effective
December 20, 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 revisions to the California State Implementation Plan (SIP) that satisfy the requirements under the Clean Air Act (CAA or "Act") for nonattainment areas classified as "Serious" for the 1997 annual fine particulate matter (PM<INF>2.5</INF>) national ambient air quality standards (NAAQS), and for contingency measures for the 2006 24-hour PM<INF>2.5</INF> NAAQS and the 2012 annual PM<INF>2.5</INF> NAAQS, in the San Joaquin Valley (SJV) nonattainment area. This determination is based on a proposed approval, published on July 14, 2023, of SIP revisions addressing the Serious area requirements for the 1997 annual PM<INF>2.5</INF> NAAQS (except contingency measures) and on proposed approvals, published elsewhere in this issue of the Federal Register, of SIP revisions addressing the contingency measure requirements for the 1997 annual PM<INF>2.5</INF> NAAQS, the 2006 24-hour PM<INF>2.5</INF> NAAQS, and the 2012 annual PM<INF>2.5</INF> NAAQS. The effect of this interim final determination is to stay the application of the offset sanction and to defer the application of the highway sanction that were triggered by previous EPA actions that included disapproval of the certain Serious area SIP elements submitted for the San Joaquin Valley for the 1997 annual PM<INF>2.5</INF> NAAQS (including the contingency measure element), and disapproval of the contingency measure SIP elements for the 2006 24-hour PM<INF>2.5</INF> NAAQS and the 2012 annual PM<INF>2.5</INF> NAAQS.
Full Text
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<title>Federal Register, Volume 88 Issue 243 (Wednesday, December 20, 2023)</title>
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[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Rules and Regulations]
[Pages 87934-87937]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27687]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2023-0477; FRL-11532-02-R9]
Interim Final Determination To Stay or Defer Sanctions;
California; San Joaquin Valley Unified Air Pollution Control 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
revisions to the California State Implementation Plan (SIP) that
satisfy the requirements under the Clean Air Act (CAA or ``Act'') for
nonattainment areas classified as ``Serious'' for the 1997 annual fine
particulate matter (PM<INF>2.5</INF>) national ambient air quality
standards (NAAQS), and for contingency measures for the 2006 24-hour
PM<INF>2.5</INF> NAAQS and the 2012 annual PM<INF>2.5</INF> NAAQS, in
the San Joaquin Valley (SJV) nonattainment area. This determination is
based on a proposed approval, published on July 14, 2023, of SIP
revisions addressing the Serious area requirements for the 1997 annual
PM<INF>2.5</INF> NAAQS (except contingency measures) and on proposed
approvals, published elsewhere in this issue of the Federal Register,
of SIP revisions addressing the contingency measure requirements for
the 1997 annual PM<INF>2.5</INF> NAAQS, the 2006 24-hour
PM<INF>2.5</INF> NAAQS, and the 2012 annual PM<INF>2.5</INF> NAAQS. The
effect of this interim final determination is to stay the application
of the offset sanction and to defer the application of the highway
sanction that were triggered by previous EPA actions that included
disapproval of the certain Serious area SIP elements submitted for the
San Joaquin Valley for the 1997 annual PM<INF>2.5</INF> NAAQS
(including the contingency measure element), and disapproval of the
contingency measure SIP elements for the 2006 24-hour PM<INF>2.5</INF>
NAAQS and the 2012 annual PM<INF>2.5</INF> NAAQS.
DATES: This interim final determination is effective on December 20,
2023. However, comments will be accepted until January 19, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2023-0477 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: Rory Mays, Planning and Analysis
Branch (AIR-2), Air and Radiation Division, EPA Region IX, 75 Hawthorne
Street, San Francisco, CA 94105, (415) 972-3227, or by email at
<a href="/cdn-cgi/l/email-protection#d3beb2aaa0fda1bca1aa93b6a3b2fdb4bca5"><span class="__cf_email__" data-cfemail="2b464a525805594459526b4e5b4a054c445d">[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 November 26, 2021, the EPA took final action to approve in part
and disapprove in part portions of SIP revisions submitted by the
California Air Resources Board (CARB) to address CAA requirements for
the 1997 annual PM<INF>2.5</INF> NAAQS in the San Joaquin Valley
PM<INF>2.5</INF> nonattainment area.\1\ Specifically, the EPA approved
the 2013 base year emissions inventories but disapproved the attainment
demonstration and related elements, including the comprehensive
precursor demonstration, five percent annual emissions reductions
demonstration, best available control measures demonstration,
reasonable further progress demonstration, quantitative milestones,
contingency measures, and motor vehicle emissions budgets. In our
November 26, 2021 action, we determined that while the SIP revisions
met the requirements for base year inventories, the SIP revisions did
not meet the applicable requirements for the other listed plan elements
under title I, part D, of the Act and the EPA's implementing
regulations for Serious PM<INF>2.5</INF> nonattainment areas that are
subject to CAA section 189(d). Pursuant to section 179 of the CAA and
our regulations at 40 CFR 52.31, this partial disapproval action
started an 18-month clock for the application of the offset sanction
and a 24-month clock for the application of the highway sanction,
beginning on the effective date of our November 26, 2021 action (i.e.,
December 27, 2021), unless the State submits, and the EPA approves, a
SIP revision or revisions that address the deficiencies that formed the
basis for the partial disapproval prior to the expiration of the
sanctions clocks. Application of the offset sanction has been in effect
since June 27, 2023, and the clock for the highway sanction will expire
on December 27, 2023.
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\1\ 86 FR 67329.
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On November 8, 2021, CARB submitted the ``Attainment Plan Revision
for the 1997 Annual PM<INF>2.5</INF> Standard'' (herein referred to as
the ``15 [micro]g/m\3\ SIP Revision'') to amend the previously
disapproved SIP revisions and to address all CAA requirements for the
1997 annual PM<INF>2.5</INF> NAAQS except for contingency measures.\2\
On July 14, 2023, the EPA proposed approval of the relevant SIP
revisions, including the 15 [micro]g/m\3\ SIP Revision, that address
all the applicable requirements for the 1997 annual PM<INF>2.5</INF>
NAAQS in the San Joaquin Valley that had been the subject of our
November 26, 2021 final partial disapproval action, except for the
contingency measure requirements.\3\ On December 5, 2023, the EPA
Region IX Regional Administrator signed a final rule taking action to
approve the SIP revisions that the EPA had proposed to approve on July
14, 2023.
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\2\ 88 FR 45276, 45278-45279 (July 14, 2023).
\3\ 88 FR 45276.
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Also on November 26, 2021, the EPA published a separate final rule
to approve in part and disapprove in part portions of SIP revisions
submitted by CARB to address CAA requirements for the 2006 24-hour
PM<INF>2.5</INF> NAAQS and the 2012 annual PM<INF>2.5</INF> NAAQS in
the San Joaquin Valley.\4\ Specifically, we approved all but the
contingency measure element of the SIP revisions as they pertained to
the Moderate area plan requirements for the 2012 PM<INF>2.5</INF>
NAAQS, and we disapproved the
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contingency measure elements for the 2006 24-hour PM<INF>2.5</INF>
NAAQS and the 2012 annual PM<INF>2.5</INF> NAAQS. Like our final action
on the Serious area plan for the 1997 annual PM<INF>2.5</INF> NAAQS,
pursuant to section 179 of the CAA and our regulations at 40 CFR 52.31,
our partial disapproval action started an 18-month clock for the
application of the offset sanction and a 24-month clock for the
application of the highway sanction, beginning on the effective date of
our November 26, 2021 action (i.e., December 27, 2021), unless the
State submits, and the EPA approves, a SIP revision or revisions that
address the deficiencies that formed the basis for the disapproval
prior to the expiration of the sanctions clocks. Application of the
offset sanction has been in effect since June 27, 2023, and the clock
for the highway sanction will expire on December 27, 2023.
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\4\ 86 FR 67343 (November 26, 2021).
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On June 8, 2023, CARB submitted SIP revisions (herein referred to
as the ``SJV PM<INF>2.5</INF> Contingency Measure SIP'' and the
``Residential Wood Burning Contingency Measure'') addressing the
contingency measure requirements for the 1997 annual PM<INF>2.5</INF>
NAAQS, the 2006 24-hour PM<INF>2.5</INF> NAAQS, and the 2012 annual
PM<INF>2.5</INF> NAAQS for the San Joaquin Valley. The Residential Wood
Burning Contingency Measure would, following a triggering event, expand
the residential wood burning curtailment restrictions if certain
determinations are made by the EPA. On October 16, 2023, CARB
supplemented the SJV PM<INF>2.5</INF> Contingency Measure SIP with the
submission of a second PM<INF>2.5</INF> contingency measure (referred
to herein as the ``Rural Open Areas Contingency Measure'') that would,
following a triggering event, expand applicability of certain fugitive
dust controls if triggered by a contingency event. In addition, on
November 13, 2023, CARB submitted a state-wide contingency measure SIP
revision, including provisions for PM<INF>2.5</INF> contingency
measures in the San Joaquin Valley (herein referred to as the ``Smog
Check Contingency Measure'') that would, following a triggering event,
reduce the model-year vehicle exemption in the State's vehicle
inspection and maintenance program (referred to as the ``Smog Check''
program) by one year.
In the Proposed Rules section of this issue of the Federal
Register, we have proposed approval of the SJV PM<INF>2.5</INF>
Contingency Measure SIP, the Residential Wood Burning Contingency
Measure, and the Rural Open Areas Contingency Measure, and, in a
separate rulemaking, we have proposed approval of the Smog Check
Contingency Measure. Based on our July 14, 2023 proposed approval
action with respect to the Serious area SIP elements for the San
Joaquin Valley for the 1997 annual PM<INF>2.5</INF> NAAQS (other than
the contingency measure element), and on the proposed approval actions
in this issue of the Federal Register with respect to the contingency
measure SIP and related contingency measures, we are taking this final
rulemaking action, effective upon publication, to stay application of
the offset sanction and defer application of the highway sanction that
were triggered by the EPA's November 26, 2021 disapprovals of the
Serious area plan for the 1997 annual PM<INF>2.5</INF> NAAQS, including
the contingency measure element, and the contingency measure elements
for the 2006 24-hour PM<INF>2.5</INF> NAAQS and the 2012 annual
PM<INF>2.5</INF> NAAQS. We are doing so because we find that the
submissions of the 15 [micro]g/m\3\ SIP Revision, the SJV
PM<INF>2.5</INF> Contingency Measure SIP, the Residential Wood Burning
Contingency Measure, the Rural Open Areas Contingency Measure, and the
Smog Check Contingency Measure correct the deficiencies that triggered
such sanctions.
The EPA is providing the public with an opportunity to comment on
this stay of the offset sanction and deferral of the highway sanction.
If comments are submitted that change our assessment, as described in
this final determination and in our proposed approvals of the SJV
PM<INF>2.5</INF> Contingency Measure SIP, the Residential Wood Burning
Contingency Measure, the Rural Open Areas Contingency Measure, and the
Smog Check Contingency Measure, with respect to the deficiencies
identified as the basis for our disapprovals of the contingency measure
elements, we will take final action proposing to lift this stay of the
offset sanction and deferral of the highway sanction under 40 CFR
52.31. If no comments are submitted that change our assessment, then
all sanctions and any sanction clocks triggered by our November 26,
2021 final actions will be permanently terminated on the effective date
of our final approvals of the SJV PM<INF>2.5</INF> Contingency Measure
SIP, the Residential Wood Burning Contingency Measure, the Rural Open
Areas Contingency Measure, and the Smog Check Contingency Measure.
All sanctions and any sanctions clocks associated with the Serious
area SIP elements for the 1997 annual PM<INF>2.5</INF> NAAQS for the
San Joaquin Valley (except the contingency measures element) will be
permanently terminated on the effective date of the final approval of
the 15 [micro]g/m\3\ SIP Revision, which was signed by the EPA Region
IX Regional Administrator on December 5, 2023.
II. EPA Action
We are making an interim final determination to stay the
application of the offset sanction and to defer the application of the
highway sanction associated with our November 26, 2021 disapprovals of
certain Serious area plan elements for the 1997 annual PM<INF>2.5</INF>
NAAQS for the San Joaquin Valley (including the contingency measure
element) and of the contingency measure elements for the 2006 24-hour
PM<INF>2.5</INF> NAAQS and the 2012 annual PM<INF>2.5</INF> NAAQS for
the San Joaquin Valley. This determination is based on our concurrent
proposals to approve the SJV PM<INF>2.5</INF> Contingency Measure SIP,
the Residential Wood Burning Contingency Measure, the Rural Open Areas
Contingency Measure, and the Smog Check Contingency Measure, and our
July 14, 2023 proposed approval of the 15 [micro]g/m\3\ SIP Revision,
which resolve the deficiencies that triggered sanctions under section
179 of the CAA.
Because the EPA has preliminarily determined that the submissions
of the 15 [micro]g/m\3\ SIP Revision, the SJV PM<INF>2.5</INF>
Contingency Measure SIP, the Residential Wood Burning Contingency
Measure, the Rural Open Areas Contingency Measure, and the Smog Check
Contingency Measure, address the deficiencies identified in the
November 26, 2021 partial disapproval actions and are 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 an opportunity 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 submissions of the 15
[micro]g/m\3\ SIP Revision, the SJV PM<INF>2.5</INF> Contingency
Measure SIP, Residential Wood Burning Contingency Measure, the Rural
Open Areas Contingency Measure, and the Smog Check Contingency Measure
and, through its proposed actions, is indicating that it is more likely
than not that they correct the deficiencies that were the basis for the
actions that started the sanctions clocks. Therefore,
[[Page 87936]]
it is not in the public interest to apply sanctions. The EPA believes
that it is necessary to use the interim final rulemaking process to
stay the application of the offset sanction and defer the application
of the highway sanction while we complete our rulemaking process on the
approvability of the CARB's submissions of SIP revisions intended to
address the Serious area plan elements for the San Joaquin Valley for
the 1997 annual PM<INF>2.5</INF> NAAQS (including contingency measures)
and the contingency measure requirements for the 2006 24-hour
PM<INF>2.5</INF> NAAQS and the 2012 annual PM<INF>2.5</INF> NAAQS.
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 document is to relieve a
restriction (5 U.S.C. 553(d)(1)).
III. Statutory and Executive Order Reviews
This action stays or defers application of sanctions and imposes no
additional requirements.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This 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 stays or defers application of 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
stays or defers application of 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 stays or defers application of
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 stays or defers application of 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 stay of the offset sanction and the deferral of the highway
sanction as well as the opportunity to comment on our proposed
approvals of the submissions of the SJV PM<INF>2.5</INF> Contingency
Measure SIP, Residential Wood Burning Contingency Measure, the Rural
Open Areas Contingency Measure, and the Smog Check Contingency Measure
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 February 20, 2024. 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, Air pollution control, Ammonia,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting
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and recordkeeping requirements, Sulfur dioxide, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 12, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023-27687 Filed 12-19-23; 8:45 am]
BILLING CODE 6560-50-P
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