Rule2025-05157
Interim Final Determination To Stay or Defer Sanctions; California; Antelope Valley Air Quality Management District
Primary source
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Published
March 26, 2025
Effective
March 26, 2025
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 Clean Air Act (CAA or "Act") state implementation plan (SIP) revision on behalf of the Antelope Valley Air Quality Management District (AVAQMD or "District") that corrects deficiencies concerning the District's New Source Review (NSR) stationary source permitting program. This determination is based on a proposed approval, published elsewhere in this issue of the Federal Register, of AVAQMD Rules 1301, 1302 (except 1302(C)(5) and 1302(C)(7)(c)), 1303, 1304, 1305, and 1309. The effect of this interim final determination is to stay the application of the offset sanction and to defer the action of the highway sanction that were triggered by the EPA's limited disapproval of AVAQMD Rules 1301, 1302 (except 1302(C)(5) and 1302(C)(7)(c)), 1303, 1304, 1305, 1309 on July 3, 2023.
Full Text
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<title>Federal Register, Volume 90 Issue 57 (Wednesday, March 26, 2025)</title>
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[Federal Register Volume 90, Number 57 (Wednesday, March 26, 2025)]
[Rules and Regulations]
[Pages 13702-13704]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05157]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2025-0056; FRL-12601-02-R9]
Interim Final Determination To Stay or Defer Sanctions;
California; Antelope Valley 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 Clean Air Act (CAA or ``Act'') state implementation plan
(SIP) revision on behalf of the Antelope Valley Air Quality Management
District (AVAQMD or ``District'') that corrects deficiencies concerning
the District's New Source Review (NSR) stationary source permitting
program. This determination is based on a proposed approval, published
elsewhere in this issue of the Federal Register, of AVAQMD Rules 1301,
1302 (except 1302(C)(5) and 1302(C)(7)(c)), 1303, 1304, 1305, and 1309.
The effect of this interim final determination is to stay the
application of the offset sanction and to defer the action of the
highway sanction that were triggered by the EPA's limited disapproval
of AVAQMD Rules 1301, 1302 (except 1302(C)(5) and 1302(C)(7)(c)), 1303,
1304, 1305, 1309 on July 3, 2023.
DATES: This interim final determination is effective March 26, 2025.
However, comments will be accepted on or before April 25, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2025-0056, 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: Shaheerah Kelly, U.S. Environmental
Protection Agency, Region IX (AIR-3-2), phone: (415) 947-4156, email:
<a href="/cdn-cgi/l/email-protection#d6bdb3babaaff8a5beb7beb3b3a4b7be96b3a6b7f8b1b9a0"><span class="__cf_email__" data-cfemail="c2a9a7aeaebbecb1aaa3aaa7a7b0a3aa82a7b2a3eca5adb4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Background
II. EPA Evaluation and Action
III. Statutory and Executive Order Reviews
I. Background
On July 3, 2023, we published a limited approval and limited
disapproval of Rules 1301, 1302 (except for 1302(C)(5) and
1302(C)(7)(c), which were not submitted for inclusion in the SIP),
1303, 1304, 1305, and 1309, as amended on July 20, 2021.\1\ We based
our limited disapproval action on deficiencies identified in the
submitted rules. This limited approval and limited disapproval action
started a sanctions clock for imposition of offset sanctions eighteen
(18) months after August 2, 2023, and highway sanctions six (6) months
later, pursuant to section 179 of the Act and our regulations at 40 CFR
52.31. Under 40 CFR 52.31(d)(1), offset sanctions apply 18 months after
the effective date of a disapproval and highway sanctions apply 6
months after the offset sanctions, unless we determine that the
deficiencies forming the basis of the disapproval have been corrected.
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\1\ 88 FR 42621.
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On December 30, 2024, the AVAQMD amended Rules 1301, 1302 (except
for 1302(C)(5) and 1302(C)(7)(c)), 1303, 1304, 1305, and 1309, and
adopted new Rule 1314. These amended and adopted rules were intended to
address the deficiencies that were the basis for our limited
disapproval in our July 3, 2023 action.
On January 7, 2025, the California Air Resources Board (CARB)
submitted Rules 1301, 1302 (except for 1302(C)(5)
[[Page 13703]]
and 1302(C)(7)(c), which were not submitted for inclusion in the SIP),
1303, 1304, 1305, 1309, and 1314 to the EPA. CARB is the governor's
designee for California SIP submittals. In the Proposed Rules section
of this Federal Register, we are proposing approval of AVAQMD Rules
1301, 1302 (except 1302(C)(5) and 1302(C)(7)(c)), 1303, 1304, 1305, and
1309, and we are proposing a limited approval of Rule 1314, because we
believe they correct the deficiencies identified in our July 3, 2023
limited disapproval action and meet other applicable CAA requirements.
Our approval of Rule 1314 is limited because the EPA is simultaneously
proposing a limited disapproval of the rule based on a separate
deficiency that does not meet applicable CAA requirements. Based on
this proposed action, we are taking this final rulemaking action,
effective on publication, to stay the imposition of the offset sanction
and defer the imposition of the highway sanction that was triggered by
our July 3, 2023 limited disapproval.
The EPA is providing the public with an opportunity to comment on
this stay and deferral of sanctions. If comments are submitted that
change our assessment described in this final determination, and our
proposed approval of Rules 1301, 1302, 1303, 1304, 1305, and 1309, and
our proposed limited approval of Rule 1314, we intend to take
subsequent final action to reimpose sanctions pursuant to 40 CFR
52.31(d). If no comments are submitted that change our assessment, then
all sanctions and sanction clocks associated with our July 3, 2023
final action will be permanently terminated on the effective date of a
final rule approval.
II. EPA Evaluation and Action
We are making an interim final determination to stay the
application of the offset sanction and to defer the application
imposition of the highway sanction associated with our limited
disapproval of AVAQMD Rules 1301, 1302, 1303, 1304, 1305, and 1309 (as
amended on July 20, 2021). This determination is based on a concurrent
proposal to approve AVAQMD Rules 1301, 1302 (except for 1302(C)(5) and
1302(C)(7)(c) which was not submitted for inclusion in the SIP), 1303,
1304, 1305, and 1309, and limitedly approve Rule 1314 (as amended or
adopted on December 30, 2024) as satisfying the relevant CAA
requirements which, if finalized, would correct the deficiencies that
initiated the sanctions under section 179 of the CAA.
Because the EPA has preliminarily determined that the State has
corrected the deficiencies identified in the EPA's July 3, 2023 limited
disapproval action, 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.\2\ 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.
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\2\ 5 U.S.C. 553(b)(B).
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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 corrected the deficiencies that were the basis
for the limited disapproval that started the sanctions clocks.
Therefore, 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 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.\3\
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\3\ 5 U.S.C. 553(d)(1).
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III. Statutory and Executive Order Reviews
This action stays or defers Federal 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 Order 12866 (58
FR 51735, October 4, 1993);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it does not concern an environmental health
risk or safety risk;
<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).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2). 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 27, 2025. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review, nor does it extend the time within which a 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,
[[Page 13704]]
Ammonia, Nitrogen oxides, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 7, 2025.
Cheree D. Peterson,
Acting Regional Administrator, Region IX.
[FR Doc. 2025-05157 Filed 3-25-25; 8:45 am]
BILLING CODE 6560-50-P
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