Rule2024-30409
Determination To Defer Sanctions; California; Mojave Desert Air Quality Management District
Primary source
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Published
December 26, 2024
Effective
December 26, 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 rule and other materials on behalf of the Mojave Desert Air Quality Management District (MDAQMD) that corrects deficiencies in its Clean Air Act (CAA or "Act") State Implementation Plan (SIP) concerning reasonably available control technology (RACT) ozone nonattainment requirements for controlling emissions of oxides of nitrogen (NO<INF>X</INF>) from industrial, institutional, and commercial boilers, steam generators, and process heaters. This determination is based on a proposed approval, published elsewhere in this issue of the Federal Register, of MDAQMD Rule 1157, which regulates this source category. The effect of this interim final determination is that the imposition of sanctions that were triggered by a previous limited disapproval by the EPA in 2023 is now deferred. If the EPA finalizes its approval of MDAQMD's submission, relief from these sanctions will become permanent.
Full Text
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<title>Federal Register, Volume 89 Issue 247 (Thursday, December 26, 2024)</title>
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[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Rules and Regulations]
[Pages 104886-104888]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30409]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0563; FRL-12442-03-R9]
Determination To Defer Sanctions; California; Mojave Desert 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 California Air Resources Board (CARB) has
submitted a rule and other materials on behalf of the Mojave Desert Air
Quality Management District (MDAQMD) that corrects deficiencies in its
Clean Air Act (CAA or ``Act'') State Implementation Plan (SIP)
concerning reasonably available control technology (RACT) ozone
nonattainment requirements for controlling emissions of oxides of
nitrogen (NO<INF>X</INF>) from industrial, institutional, and
commercial boilers, steam generators, and process heaters. This
determination is based on a proposed approval, published elsewhere in
this issue of the Federal Register, of MDAQMD Rule 1157, which
regulates this source category. The effect of this interim final
determination is that the imposition of sanctions that were triggered
by a previous limited disapproval by the EPA in 2023 is now deferred.
If the EPA finalizes its approval of MDAQMD's submission, relief from
these sanctions will become permanent.
DATES: This interim final determination is effective December 26, 2024.
However, comments will be accepted on or before January 27, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2024-0563 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 a disability
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: La Kenya Evans-Hopper, EPA Region IX,
75 Hawthorne St., San Francisco, CA 94105; phone: (415) 972-3245; email
<a href="/cdn-cgi/l/email-protection#8feaf9eee1fce7e0ffffeafda1e3eee4eae1f6eecfeaffeea1e8e0f9"><span class="__cf_email__" data-cfemail="87e2f1e6e9f4efe8f7f7e2f5a9ebe6ece2e9fee6c7e2f7e6a9e0e8f1">[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 June 16, 2023, the EPA issued a final rule (88 FR 39366, the
``2023 final rule'') promulgating a limited approval and limited
disapproval for the MDAQMD rule listed in Table 1, which was submitted
by the California Air Resources Board (CARB) to the EPA for inclusion
into the California SIP.
Table 1--District Rule With Previous EPA Action
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Rule No. Rule title Amended Submitted EPA action in 2023
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1157....................... Boilers and Process 01/22/2018 05/23/2018 Limited Approval and
Heaters. Limited Disapproval.
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[[Page 104887]]
Areas classified as ``Moderate'' or above nonattainment for an
ozone standard must implement RACT for each category of sources covered
by a Control Techniques Guidelines (CTG) document as well as each major
source of NO<INF>X</INF> (see CAA section 182(b)(2), (f)). The MDAQMD
contains parts of the West Mojave Desert ozone nonattainment area,
which is classified as ``Severe'' nonattainment for the 1997, 2008, and
2015 8-hour ozone National Ambient Air Quality Standards (NAAQS), as
well as part of the Southeast Desert Modified Air Quality Management
Area, which is classified as ``Severe'' nonattainment for the 1979 1-
hour ozone NAAQS (see 40 CFR 81.305).
In the 2023 final rule, we determined that although the MDAQMD rule
strengthened the SIP and was largely consistent with the requirements
of the CAA, the submitted rule included a deficiency that precluded our
full approval of the rule into the SIP. The MDAQMD's previously
submitted Rule 1157 stated, ``[n]o compliance determination shall be
established based on data obtained from compliance testing, including
integrated sampling methods, during a start-up period or shut-down
period.'' This provision prohibits the use of data gathered during
periods of startup and shutdown from being used for determining
compliance with the applicable limit.
The EPA found that the provision was not consistent with the EPA's
SSM policy and Credible Evidence Rule because it forbids the use of
credible evidence (compliance testing data generated during startup and
shutdown periods) in establishing violations of the applicable
emissions limit. In addition, the previously submitted Rule 1157
removed the definitions of ``start-up period'' and ``shut-down
period,'' making the scope of this provision unclear.
Pursuant to section 179 of the CAA and our regulations at 40 CFR
part 52, the disapproval action on Rule 1157 under title I, part D
started a sanctions clock for imposition of offset sanctions 18 months
after the action's effective date of July 17, 2023, and highway
sanctions six months later.
On September 25, 2023, the MDAQMD revised Rule 1157, and on January
10, 2024, CARB submitted it to the EPA for approval into the California
SIP, as shown in Table 2 below.
Table 2--Submitted Rule
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Local agency Rule No. Rule title Amended Submitted
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MDAQMD............................ 1157 Boilers and Process 09/25/23 01/10/24
Heaters.
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On July 10, 2024, the submittal for MDAQMD Rule 1157 was deemed by
operation of law to meet the completeness criteria in 40 CFR part 51
appendix V.
The revised MDAQMD Rule 1157 in Table 2 of this document is
intended to address the disapproval issues in our June 16, 2023 final
rule. In the Proposed Rules section of this Federal Register, we have
proposed approval of the revised MDAQMD Rule 1157. Based on the
proposed action approving Rule 1157 into the California SIP, 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 2023 final rule on Rule 1157, because we believe
that the 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 described in this interim final determination and the
proposed approval of MDAQMD Rule 1157, 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 June 16, 2023 final rule would be
permanently terminated on the effective date of our final approval of
Rule 1157.
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 action on June
16, 2023, of MDAQMD Rule 1157 with respect to the requirements of part
D of title I of the CAA. This determination is based on our concurrent
proposal to fully approve MDAQMD Rule 1157 which resolves the
deficiencies that triggered sanctions under section 179 of the CAA.
Because the EPA has preliminarily determined that MDAQMD Rule 1157,
amended on September 25, 2023, addresses the limited disapproval issues
under part D of title I of the CAA identified in our 2023 final rule
and the amended rule is now 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 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. 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 14094 (88 FR 21879, April 11, 2023);
<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.);
[[Page 104888]]
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it proposes to approve a State program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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.
In addition, the SIP 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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
Executive Order 14096 (Revitalizing Our Nation's Commitment to
Environmental Justice for All, 88 FR 25251, April 26, 2023) builds on
and supplements Executive Order 12898 and defines EJ as, among other
things, ``the just treatment and meaningful involvement of all people,
regardless of income, race, color, national origin, Tribal affiliation,
or disability, in agency decision-making and other Federal activities
that affect human health and the environment.''
The State did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. The EPA did not perform an EJ
analysis and did not consider EJ in this action. Consideration of EJ is
not required as part of this action, and there is no information in the
record inconsistent with the stated goal of Executive Order 12898 of
achieving EJ for communities with EJ concerns.
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 24, 2025. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
oxides, Ozone, Particulate matter, Reporting and recordkeeping
requirements.
Dated: December 13, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-30409 Filed 12-23-24; 8:45 am]
BILLING CODE 6560-50-P
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