Rule2024-09309
Determination To Defer Sanctions; California; California Air Resources Board and Local California Air Districts
Primary source
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Published
May 3, 2024
Effective
May 3, 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 and has also submitted revised rules on behalf of the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD), Ventura County Air Pollution Control District (VCAPCD), and South Coast Air Quality Management District (SCAQMD) that correct deficiencies in its Clean Air Act (CAA or Act) state implementation plan (SIP) provisions concerning ozone nonattainment requirements for controlling volatile organic compounds (VOCs) at crude oil and natural gas facilities. This determination is based on a proposed approval and conditional approval, published elsewhere in this Federal Register, of a California statewide rule, six California air districts rules, and associated reasonably available control technology (RACT) determinations for that source category. The effect of this interim final determination is to defer the imposition of sanctions that was triggered by EPA's previous disapproval. If the EPA finalizes its proposed approval of CARB's submission, relief from these sanctions will become permanent.
Full Text
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<title>Federal Register, Volume 89 Issue 87 (Friday, May 3, 2024)</title>
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[Federal Register Volume 89, Number 87 (Friday, May 3, 2024)]
[Rules and Regulations]
[Pages 36679-36681]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09309]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0175; FRL-11888-02-R9]
Determination To Defer Sanctions; California; California Air
Resources Board and Local California Air Districts
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 (CARB) has
submitted a revised rule and has also submitted revised rules on behalf
of the San Joaquin Valley Unified Air Pollution Control District
(SJVUAPCD), Ventura County Air Pollution Control District (VCAPCD), and
South Coast Air Quality Management District (SCAQMD) that correct
deficiencies in its Clean Air Act (CAA or Act) state implementation
plan (SIP) provisions concerning ozone nonattainment requirements for
controlling volatile organic compounds (VOCs) at crude oil and natural
gas facilities. This determination is based on a proposed approval and
conditional approval, published elsewhere in this Federal Register, of
a California statewide rule, six California air districts rules, and
associated reasonably available control technology (RACT)
determinations for that source category. The effect of this interim
final determination is to defer the imposition of sanctions that was
triggered by EPA's previous disapproval. If the EPA finalizes its
proposed approval of CARB's submission, relief from these sanctions
will become permanent.
DATES: This rule is effective on May 3, 2024. However, comments will be
accepted on or before June 3, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2024-0175 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: Nicole Law, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4126 or by
email at <a href="/cdn-cgi/l/email-protection#bbd7dacc95d5d2d8d4d7defbdecbda95dcd4cd"><span class="__cf_email__" data-cfemail="bcd0ddcb92d2d5dfd3d0d9fcd9ccdd92dbd3ca">[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 30, 2022 (87 FR 59314), the EPA issued a limited
approval and limited disapproval for the California Code of
Regulations, Title 17, Division 3, Chapter 1, Subchapter 10 Climate
Change, Article 4 Subarticle 13: Greenhouse Gas Emission Standards for
Crude Oil and Natural Gas Facilities (``CARB Oil and Gas Methane
Rule'') that had been submitted by CARB to the
[[Page 36680]]
EPA on December 11, 2018. That action also finalized a disapproval of
the reasonably available control technology (RACT) demonstrations for
the 2008 and 2015 ozone National Ambient Air Quality Standards (NAAQS)
for sources covered by the EPA's 2016 Control Techniques Guidelines for
the Oil and Natural Gas Industry (``2016 Oil and Gas CTG'') and
regulated by SCAQMD, SJVUAPCD, Sacramento Metro Air Quality Management
District (SMAQMD), VCAPCD, and Yolo-Solano Air Quality Management
District (YSAQMD). In this 2022 action, we determined that while the
CARB SIP revision submittal strengthened the SIP, the submittal
contained various deficiencies related to enforceability and stringency
that prevented full approval. Pursuant to section 179 of the CAA and
our regulations at 40 CFR 52.31, the limited disapproval of the CARB
Oil and Gas Methane Rule and the disapproval of the RACT demonstrations
for the 2008 and 2015 ozone NAAQS action under title I, part D, started
a sanctions clock for imposition of mandatory sanctions unless the EPA
affirmatively determines that the deficiency forming the basis of the
action has been corrected, the offset sanctions under section 179(b)(2)
will apply 18 months after the action's effective date of October 31,
2022, and highway sanctions under section 179(b)(1) will apply 6 months
after the offset sanction is imposed.
CARB submitted an amended CARB Oil and Gas Methane Rule on April 2,
2024, as well as six amended California district rules on various dates
\1\ that addressed the deficiencies identified in our September 30,
2022 action. In the Proposed Rules section of this Federal Register, we
have proposed approval of the amended CARB Oil and Gas Methane Rule and
the six California district rules into the State's SIP, as well as
approval of the 2016 Oil and Gas CTG RACT requirement for four
California districts, and conditional approval of the RACT
demonstration for one California district.\2\ Based on this proposed
approval action, we are also making this interim final determination,
effective upon publication, to defer imposition of the offset sanctions
and highway sanctions that were triggered by our September 30, 2022
disapproval, because we believe CARB's 2024 submittal and the amended
rules correct the deficiencies that triggered such sanctions.
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\1\ San Joaquin Unified Air Pollution Control District Rule
4401, 4409, and 4623 were submitted on October 13, 2023. Ventura
County Air Pollution Control District Rule 71.1 was submitted on
January 10, 2024. South Coast Air Quality Management District Rules
463 and 1178 were submitted on October 13, 2024, and February 14,
2024, respectively.
\2\ The CARB Oil and Gas Methane Rule exempts sources from
compliance with portions of the CARB Oil and Gas Methane Rule if
those sources comply with certain existing California air district
rules. The CARB Oil and Gas Methane Rule references SCAQMD Rule
1148.1--Oil and Gas Production Wells (Amended March 5, 2004), which
contains an enforceability deficiency that is described more fully
in our proposed rule. This deficiency precludes a full approval of
the RACT requirement for sources covered by the 2016 Oil and Gas CTG
in SCAQMD. In a letter included in their submittal on April 2, 2024,
CARB has committed to submitting, within 12 months of the effective
date of the EPA's final rulemaking, an amended version of South
Coast Rule 1148.1 that will address the identified deficiency.
Consistent with CAA section 110(k)(4), the EPA is proposing to
conditionally approve the SCAQMD CTG RACT requirement for sources
covered by the 2016 Oil and Gas CTG, based on this commitment to
remedy the identified deficiency. The proposed conditional approval
for the newly-identified deficiency in SCAQMD Rule 1148.1, as
discussed in the CARB Oil and Gas Methane Rule TSD, is distinct from
the deficiencies that were the basis of our 2022 disapproval, which
started CAA sanction clocks. Pursuant to our order of sanction
regulations, 40 CFR 52.31(d)(2), a proposal to ``fully or
conditionally approve'' a revised plan that cures the deficiency
that prompted the finding starting the sanctions, along with an
interim final determination, shall defer the application of
sanctions.
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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 and conditional approval of the CARB Oil and Gas Methane
Rule, local California air district rules, and associated RACT
demonstrations, 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 the CARB Oil and Gas Methane Rule and
associated RACT demonstrations.
II. The EPA's Evaluation and Action
We are making an interim final determination to defer CAA section
179 sanctions associated with our limited disapproval on the 2018
submittal of the CARB Oil and Gas Methane Rule and disapprovals of
associated RACT determinations. This determination is based on our
concurrent proposal to approve SIP revisions from CARB that resolve the
deficiencies that were the basis of our prior disapproval that
triggered sanctions under section 179 of the CAA. This includes
proposing approval and conditional approval of CARB's 2024 submittal of
the CARB Oil and Gas Methane Rule, six amended California air district
rules, and associated RACT demonstrations.
Because the EPA has preliminarily determined that the SIP revisions
addressing the deficiencies are approvable, relief from sanctions
should be provided as quickly as possible. Therefore, 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
Procedure Act (APA) because the purpose of this notice is to relieve a
restriction (5 U.S.C. 553(d)(1)). 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. For the reasons outlined above,
the EPA is invoking the good cause exception under the 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 still 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.
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);
[[Page 36681]]
<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 July 2, 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 it 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.
Dated: April 24, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-09309 Filed 5-2-24; 8:45 am]
BILLING CODE 6560-50-P
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