Rule2025-11283
Determination To Defer Sanctions; California; Eastern Kern Air Pollution Control District; Stationary Combustion Turbines
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Published
June 20, 2025
Effective
June 20, 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 rule on behalf of the Eastern Kern Air Pollution Control District (EKAPCD or "District") that addresses deficiencies in its Clean Air Act (CAA or "Act") State Implementation Plan (SIP) concerning emissions of oxides of nitrogen (NO<INF>X</INF>) from stationary gas turbines. This determination is based on a proposed approval, published elsewhere in this issue of the Federal Register, of EKAPCD Rule 425 that regulates this category of sources. The effect of this interim final determination is that the application of offset sanctions that was triggered by a previous limited disapproval by the EPA in 2023 is now stayed, and the application of highway sanctions is now deferred. If the EPA finalizes its approval of EKAPCD's submission, relief from these sanctions will become permanent.
Full Text
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<title>Federal Register, Volume 90 Issue 117 (Friday, June 20, 2025)</title>
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[Federal Register Volume 90, Number 117 (Friday, June 20, 2025)]
[Rules and Regulations]
[Pages 26207-26209]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11283]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2025-0060; FRL-12608-02-R9]
Determination To Defer Sanctions; California; Eastern Kern Air
Pollution Control District; Stationary Combustion Turbines
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 on behalf of the Eastern Kern Air Pollution Control
District (EKAPCD or ``District'') that addresses deficiencies in its
Clean Air Act (CAA or ``Act'') State Implementation Plan (SIP)
concerning emissions of oxides of nitrogen (NO<INF>X</INF>) from
stationary gas turbines. This determination is based on a proposed
approval, published elsewhere in this issue of the Federal Register, of
EKAPCD Rule 425 that regulates this category of sources. The effect of
this interim final determination is that the application of offset
sanctions that was triggered by a previous limited disapproval by the
EPA in 2023 is now stayed, and the application of highway sanctions is
now deferred. If the EPA finalizes its approval of EKAPCD's submission,
relief from these sanctions will become permanent.
DATES: This interim final determination is effective June 20, 2025.
However, comments will be accepted on or before July 21, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2025-0060 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; telephone number: (415) 972-
3245; email address: <a href="/cdn-cgi/l/email-protection#aacfdccbc4d9c2c5dadacfd884c6cbc1cfc4d3cbeacfdacb84cdc5dc"><span class="__cf_email__" data-cfemail="4623302728352e2936362334682a272d23283f270623362768212930">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
[[Page 26208]]
Table of Contents
I. Background
II. The EPA's Evaluation and Action
III. Statutory and Executive Order Reviews
I. Background
On June 15, 2023 (88 FR 39182), the EPA issued a final rule
promulgating a limited approval and limited disapproval for the EKAPCD
rule listed in Table 1 that was submitted by CARB to the EPA for
inclusion into the California SIP (``2023 final rule'').
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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425..................... Stationary Gas Turbines 01/13/2018 05/23/2018 Limited Approval and
(Oxides of Nitrogen). Limited Disapproval.
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Sections 182(b)(2) and 182(f) of the CAA require that SIPs for
ozone nonattainment areas classified as ``Moderate'' or above implement
Reasonably Available Control Technology (RACT) for any source covered
by a Control Techniques Guidelines document and for any major source of
volatile organic compounds or NO<INF>X</INF>. The EKAPCD must implement
RACT-level controls because it regulates the Kern County (Eastern Kern)
ozone nonattainment area that is classified as ``Moderate'' for the
1997 8-hour National Ambient Air Quality Standards (NAAQS), ``Severe-
15'' for the 2008 8-hour NAAQS, and ``Serious'' for the 2015 8-hour
ozone NAAQS.\1\
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\1\ See 40 CFR 81.305.
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In the 2023 final rule, we determined that although the EKAPCD rule
strengthened the SIP and was largely consistent with the requirements
of the CAA, the submitted rule contained a deficiency that precluded
our full approval of the rule into the SIP. The EKAPCD's previously
submitted Rule 425 included a revised NO<INF>X</INF> emission
limitation for a single Westinghouse W251B10 combustion turbine, with
Authority to Construct permits issued before 1983, of 25 parts per
million by volume (ppmv). This revised emission limitation was higher
than the limits for comparably sized units elsewhere in the District,
and under most operating conditions, higher than the limits applicable
to such units in the SIP-approved version of Rule 425 at that time. The
EKAPCD did not sufficiently justify why this limit met the RACT
requirement or sufficiently explain why this relaxation did not
interfere with attainment of the NAAQS, reasonable further progress, or
other requirements of the Act.
Pursuant to section 179 of the CAA and our regulations at 40 CFR
part 52, the limited disapproval action on Rule 425 under title I, part
D, of the Act started a sanctions clock for imposition of offset
sanctions under the nonattainment new source review program 18 months
after the action's effective date of July 17, 2023, and highway
sanctions six months later.
On November 13, 2024, the EKAPCD revised Rule 425, and on December
12, 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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EKAPCD............................ 425 Stationary Gas Turbines 11/13/2024 12/12/2024
(Oxides of Nitrogen).
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The revised EKAPCD Rule 425 in Table 2 is intended to address the
deficiencies identified in our June 15, 2023 final limited disapproval.
In the Proposed Rules section of this Federal Register, we have
proposed approval of the revised EKAPCD Rule 425. Based on this
proposed action approving Rule 425 into the California SIP, we believe
that it is more likely than not that the State's submittal now meets
the applicable CAA requirements. Therefore, the EPA is making this
interim final determination based on our concurrent proposal to approve
the State's December 12, 2024 SIP submission to correct the
deficiencies identified in the June 15, 2023 disapproval of Rule 425.
This interim final determination, effective on publication, stays the
application of the offset sanctions and defers the application of
highway sanctions that were triggered by our June 15, 2023 final
limited disapproval of Rule 425.
While the EPA is not providing an opportunity for public comment
before the deferral of CAA section 179 sanctions is effective, the EPA
is providing the public with an opportunity to comment on this stay and
deferral of sanctions after the fact. In the event the EPA reverses its
preliminary determination that the State has corrected the deficiencies
(as explained in the proposed approval), sanctions would become
effective pursuant to 40 CFR 52.31(d)(2)(i). Additionally, the EPA is
providing an opportunity to comment on the concurrent proposed approval
that is the basis for this interim final determination, so the public
has an opportunity to comment on that action before any sanctions clock
could be permanently stopped or any already applied sanctions are
permanently terminated. If the EPA finalizes the approval as proposed,
then all sanctions and any sanction clocks triggered by our June 15,
2023 final limited approval and limited disapproval would be
permanently terminated on the effective date of our final approval of
Rule 425.
II. The EPA's Evaluation and Action
We are making an interim final determination to stay and defer CAA
section 179 sanctions associated with our limited disapproval action on
June 15, 2023, of EKAPCD Rule 425. This determination is based on our
concurrent proposal to fully approve EKAPCD Rule 425 which, if
finalized, would resolve the deficiencies identified in our limited
disapproval that triggered sanctions under section 179 of the CAA.
The basis for allowing such an interim final action stems from
section 553(b)(B) of the Administrative Procedures Act (APA) which
provides that the notice and opportunity for comment requirements do
not apply when the Agency finds that those procedures are
``impracticable, unnecessary, or contrary
[[Page 26209]]
to the public interest.'' Because the EPA has preliminarily determined
that EKAPCD Rule 425, amended on November 13, 2024, addresses the
deficiencies identified in the limited disapproval under part D of
title I of the CAA, and we are proposing to determine that the amended
rule is now fully approvable, relief from sanctions should be provided
as quickly as possible. In the case of sanctions, the EPA believes it
would be both impracticable and contrary to the public interest to have
to propose and provide an opportunity to comment before any relief is
provided from the effect of sanctions. The EPA believes it would be
unfair to the State and its citizens, and thus not in the public
interest, for sanctions to remain in effect following the proposed
approval, since the EPA has completed a thorough evaluation of the
State's SIP revision and publicly stated its belief that the submittal
is approvable. 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, 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.
Section 553(d)(1) of the APA provides that final rules shall not
become effective until 30 days after publication in the Federal
Register ``except . . . a substantive rule which grants or recognizes
an exemption or relieves a restriction.'' The purpose of this provision
is to ``give affected parties a reasonable time to adjust their
behavior before the final rule takes effect.'' \2\ However, when the
agency grants or recognizes an exemption or relieves a restriction,
affected parties do not need a reasonable time to adjust because the
effect is not adverse. Because this rule relieves a restriction, the
EPA finds good cause under 5 U.S.C. 553(d)(1) for this action to become
effective on the date of publication of this action.
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\2\ Omnipoint Corp. v. Fed. Commc'n Comm'n, 78 F.3d 620, 630
(D.C. Cir. 1996); see also United States v. Gavrilovic, 551 F.2d
1099, 1104 (8th Cir. 1977) (quoting legislative history).
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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);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<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 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).
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 August 19, 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, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 2, 2025.
Joshua F.W. Cook,
Regional Administrator, Region IX.
[FR Doc. 2025-11283 Filed 6-18-25; 8:45 am]
BILLING CODE 6560-50-P
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