Rule2024-08441
Determination To Defer Sanctions; California; Antelope Valley Air Quality Management District and Mojave Desert 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
April 22, 2024
Effective
April 22, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is making an interim final determination that the California Air Resources Board (CARB) has submitted a revised rule on behalf of the Antelope Valley Air Quality Management District (AVAQMD) and Mojave Desert Air Quality Management District (MDAQMD) that corrects deficiencies identified in its Clean Air Act (CAA or Act) state implementation plan (SIP) provisions concerning rules submitted to address section 185 of the Clean Air Act (CAA or the Act) with respect to the 1-hour ozone standard. This determination is based on a proposed approval, published elsewhere in this Federal Register, of AVAQMD Rule 315 and MDAQMD Rule 315, which establish a section 185 fee program in the AVAQMD and MDAQMD portions of the Southeast Desert Modified Air Quality Management Area. The effect of this interim final determination is that the imposition of sanctions that were triggered by a previous disapproval by the EPA in 2022 is now deferred. If the EPA finalizes its approval of AVAQMD Rule 315 and MDAQMD Rule 315 submission, relief from these sanctions will become permanent.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 78 (Monday, April 22, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 78 (Monday, April 22, 2024)]
[Rules and Regulations]
[Pages 29259-29260]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08441]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0142; FRL-11848-02-R9]
Determination To Defer Sanctions; California; Antelope Valley Air
Quality Management District and Mojave Desert Air Quality Management
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final determination.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is making an interim
final determination that the California Air Resources Board (CARB) has
submitted a revised rule on behalf of the Antelope Valley Air Quality
Management District (AVAQMD) and Mojave Desert Air Quality Management
District (MDAQMD) that corrects deficiencies identified in its Clean
Air Act (CAA or Act) state implementation plan (SIP) provisions
concerning rules submitted to address section 185 of the Clean Air Act
(CAA or the Act) with respect to the 1-hour ozone standard. This
determination is based on a proposed approval, published elsewhere in
this Federal Register, of AVAQMD Rule 315 and MDAQMD Rule 315, which
establish a section 185 fee program in the AVAQMD and MDAQMD portions
of the Southeast Desert Modified Air Quality Management Area. The
effect of this interim final determination is that the imposition of
sanctions that were triggered by a previous disapproval by the EPA in
2022 is now deferred. If the EPA finalizes its approval of AVAQMD Rule
315 and MDAQMD Rule 315 submission, relief from these sanctions will
become permanent.
DATES: This interim final determination is effective on April 22, 2024.
However, comments will be accepted on or before May 22, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2024-0142 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 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://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: Donnique Sherman, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4129 or by
email at <a href="/cdn-cgi/l/email-protection#e4978c819689858aca808b8a8a8d959181a4819485ca838b92"><span class="__cf_email__" data-cfemail="ed9e85889f808c83c389828383849c9888ad889d8cc38a829b">[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 September 29, 2022 (87 FR 59021), the EPA issued a disapproval
of AVAQMD Rule 315 and MDAQMD Rule 315 that had been submitted by CARB
to the EPA on December 14, 2011. In our 2022 action, we determined that
the rules were largely consistent with general CAA requirements
regarding SIP submissions. However, the rules were found to have the
following summarized deficiencies: no justification for the method
chosen to calculate alternate baseline emissions for facilities with
emissions that are irregular, cyclical, or otherwise vary
significantly; the rules establish an area-wide equivalency ``Tracking
Account'' across AVAQMD, MDAQMD, and South Coast Air Quality Management
District (SCAQMD) but SCAQMD did not have a rule that contained the
same provisions rendering the area-wide tracking system unenforceable;
the formula for calculation for the penalty fee did not properly
reflect the inflation adjustment based on the Consumer Price index; and
AVAQMD Rule 315 defined the term ``Major Facility'' as defined in
``District Rule 1301'' but the current SIP-approved Rule 1301 for
AVAQMD did not contain a definition of ``Major Facility.'' Therefore,
we disapproved the rules because they contained provisions that did not
meet our evaluation criteria and affected rule enforceability and
stringency.
Pursuant to section 179 of the CAA and our regulations at 40 CFR
52.31, the full disapproval action under title I, part D started a
sanctions clock for imposition of offset sanctions 18 months after the
action's effective date of October 31, 2022, and highway sanctions 6
months later.
On May 11, 2023, CARB submitted MDAQMD Rule 315 (amended February
27, 2023) and on February 14, 2024, CARB submitted AVAQMD Rule 315
(amended November 21, 2023) to correct the deficiencies of the full
disapproval and to satisfy the requirements of CAA
[[Page 29260]]
sections 182(d)(3) and 185 by utilizing a fee equivalency approach
consistent with the principles of CAA section 172(e). In the Proposed
Rules section of this Federal Register, we have proposed approval of
AVAQMD's 2024 submittal of Rule 315 and MDAQMD's 2023 submittal of Rule
315. Based on this proposed approval action, 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 2022 full disapproval of AVAQMD Rule 315 and MDAQMD
Rule 315, because we believe that the new rule submissions correct 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 AVAQMD Rule 315 and MDAQMD Rule 315, 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 2022 action
would be permanently terminated on the effective date of our final
approval of AVAQMD Rule 315 and MDAQMD Rule 315.
II. The EPA's Evaluation and Action
We are making an interim final determination to defer CAA section
179 sanctions associated with our September 29, 2022 (87 FR 59021)
disapproval of the 2011 submittal of AVAQMD Rule 315 and MDAQMD Rule
315. This determination is based on our concurrent proposal to approve
the 2023 submittal of MDAQMD Rule 315 and the 2024 submittal of AVAQMD
Rule 315, which resolves the deficiency that triggered sanctions under
section 179 of the CAA.
Because the EPA has preliminarily determined that the 2023
submittal of MDAQMD Rule 315 and the 2024 submittal of AVAQMD Rule 315
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 State's submittals 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 APA 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> Does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
<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 June 21, 2024. 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, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Volatile Organic Compounds, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 16, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-08441 Filed 4-19-24; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on April 22, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.