[Federal Register Volume 88, Number 62 (Friday, March 31, 2023)]
[Rules and Regulations]
[Pages 19225-19227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06562]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0910; FRL-10564-02-R9]


Determination To Defer Sanctions; California; El Dorado County 
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 State of California has submitted a rule 
that satisfies the requirements of title I, part D of the Clean Air Act 
(CAA or ``Act'') permitting program for areas under the jurisdiction of 
the El Dorado County Air

[[Page 19226]]

Quality Management District (EDCAQMD or ``District''). This 
determination is based on a proposed approval, published elsewhere in 
this Federal Register, of a District rule addressing these 
requirements. The effect of this interim final determination is to 
defer the imposition of sanctions that were triggered by a previous EPA 
action that included a limited disapproval of a District rule intended 
to address title I, Part D requirements.

DATES: This interim final determination is effective on March 31, 2023. 
However, comments will be accepted until May 1, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0910 at https://www.regulations.gov. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider 
Confidential Business Information (CBI) or other information the 
disclosure of which 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 https://www.epa.gov/dockets/commenting-epa-dockets. 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: Camille Cassar, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105; by phone: (415)-947-4164; or by 
email to [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' 
``us,'' and ``our'' refer to the EPA.

Table of Contents

I. Background
II. EPA Action
III. Statutory and Executive Order Reviews

I. Background

    On February 2, 2000, the EPA issued a final limited approval and 
limited disapproval action addressing certain revisions to the District 
portion of the California State Implementation Plan (SIP) (``2000 NSR 
action'').\1\ The 2000 NSR Action addressed the District's permitting 
program for the issuance of New Source Review (NSR) permits for 
stationary sources, including review and permitting of major and minor 
sources under the Act. In the 2000 NSR Action, we determined that while 
the District's SIP revision submittal strengthened the California SIP, 
District Rule 523, adopted by the District on April 26, 1994, did not 
fully meet the requirements for Nonattainment NSR (NNSR) permitting 
programs for major sources under title I, part D, of the Act. 
Accordingly, the 2000 NSR Action included a limited disapproval under 
title I, part D, of the Act, relating to NNSR program requirements for 
nonattainment areas. Pursuant to section 179 of the CAA and our 
regulations at 40 CFR 52.31, this limited disapproval action started a 
sanctions clock for imposition of offset sanctions and highway 
sanctions.
---------------------------------------------------------------------------

    \1\ 65 FR 4887 (Feb. 2, 2000).
---------------------------------------------------------------------------

    On December 7, 2021, the District adopted Rule 523-1, and on March 
9, 2022, the California Air Resources Board submitted Rule 523-1 to the 
EPA for approval into the El Dorado County portion of the California 
SIP (``2022 NSR Submittal''). Rule 523-1 was intended to address all 
currently applicable NNSR program requirements under title I, part D of 
the Act, including all the provisions necessary to correct the 
deficiencies with the District's NNSR program that formed the basis for 
the EPA's limited disapproval in the 2000 NSR action. In the Proposed 
Rules section of this Federal Register, we have proposed approval of 
the District's 2022 NSR submittal. Based on this proposed approval 
action, we are also taking this final rulemaking action, effective upon 
publication, to defer imposition of the offset sanctions and highway 
sanctions that were triggered by the EPA's February 2, 2000 limited 
disapproval of the District's NNSR permitting program, because we 
believe that the 2022 NSR 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, as described in this final determination and in our 
proposed approval of the District's 2022 NSR Submittal, with respect to 
the deficiencies identified as the basis for our limited approval in 
the 2000 NSR Action, we will take final action proposing 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 2000 NSR Action will be permanently terminated on the 
effective date of our final approval of the 2022 NSR Submittal.

II. EPA Action

    We are making an interim final determination to defer CAA section 
179 sanctions associated with our February 2, 2000 limited disapproval 
of the District's NNSR permitting program. This determination is based 
on our concurrent proposal to fully approve the District's 2022 NSR 
submittal, which resolves the deficiencies that triggered sanctions 
under section 179 of the CAA.
    Because the EPA has preliminarily determined that the District's 
2022 NSR Submittal addresses the deficiencies identified in the 
February 2, 2000 limited disapproval action and 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 District's submittal and, 
through its proposed action, is indicating that it is more likely than 
not that it corrects the deficiencies 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 we complete our rulemaking process on the approvability 
of the District'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)).

[[Page 19227]]

III. Statutory and Executive Order Reviews

    This action defers sanctions and imposes no additional 
requirements.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This proposed action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. This action defers sanctions and imposes no new requirements.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. This action 
defers sanctions and imposes no new requirements.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the National Government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This action defers sanctions and imposes no new 
requirements. In addition, this action does not 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. Thus, Executive Order 
13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) directs 
Federal agencies, to the greatest extent practicable and permitted by 
law, to make environmental justice part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects of their programs, policies, and 
activities on minority populations (people of color) and low-income 
populations.
    The EPA believes that this type of action does not concern human 
health or environmental conditions and therefore cannot be evaluated 
with respect to potentially disproportionate and adverse effects on 
people of color, low-income populations, and/or Indigenous peoples. 
This action defers sanctions in accordance with CAA regulatory 
provisions and imposes no additional requirements.
    Although this action does not concern human health or environmental 
conditions, the EPA identifies and addresses environmental justice 
concerns by promoting meaningful involvement in this action through 
providing the public with an opportunity to comment on this deferral of 
sanctions as well as the opportunity to comment on our proposed 
approval of the District's 2022 NSR submittal in the Proposed Rules 
section of this Federal Register.

K. Congressional Review Act (CRA)

    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 May 30, 2023. 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, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations, Nitrogen oxides, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: March 24, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023-06562 Filed 3-30-23; 8:45 am]
BILLING CODE 6560-50-P