Air Plan Limited Approval and Limited Disapproval; California; South Coast Air Quality Management District; Refinery Flares, 57836-57838 [2022-20137]
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57836
Federal Register / Vol. 87, No. 183 / Thursday, September 22, 2022 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
‘‘391–3–20–.07’’, ‘‘391–3–20–.09’’, and
‘‘391–3–20–.11,’’, to read as follows:
Subpart L—Georgia
2. In § 52.570(c), amend the table by
revising the entries for ‘‘391–3–20–.01’’,
‘‘391–3–20–.04’’, ‘‘391–3–20–.05’’,
■
1. The authority citation for part 52
continues to read as follows:
■
§ 52.570
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED GEORGIA REGULATIONS
Title/subject
EPA approval date
Explanation
*
391–3–20–.01 .........
*
*
Definitions ..............................................
*
4/13/2021
*
*
9/22/2022, [Insert citation of publication]
*
*
391–3–20–.04 .........
391–3–20–.05 .........
*
*
Emission Inspection Procedures ...........
Emission Standards ...............................
*
4/13/2021
4/13/2021
*
*
9/22/2022, [Insert citation of publication]
9/22/2022, [Insert citation of publication]
*
*
391–3–20–.07 .........
*
*
Inspection Equipment System Specifications.
*
4/13/2021
*
*
9/22/2022, [Insert citation of publication]
*
*
391–3–20–.09 .........
*
*
Inspection Station Requirements ...........
*
4/13/2021
*
*
9/22/2022, [Insert citation of publication]
*
*
391–3–20–.11 .........
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Inspector
cation.
*
4/13/2021
*
*
9/22/2022, [Insert citation of publication]
*
Qualifications
*
and
Certifi-
ENVIRONMENTAL PROTECTION
AGENCY
nitrogen (NOX) from refinery flares.
Under the authority of the Clean Air Act
(CAA or the Act), this action
simultaneously approves a local rule
that regulates these emission sources
and directs California to correct rule
deficiencies.
40 CFR Part 52
DATES:
*
*
*
*
*
[FR Doc. 2022–20421 Filed 9–21–22; 8:45 am]
BILLING CODE 6560–50–P
[EPA–R09–OAR–2021–0943; FRL–9372–02–
R9]
Air Plan Limited Approval and Limited
Disapproval; California; South Coast
Air Quality Management District;
Refinery Flares
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing a limited
approval and limited disapproval of
revisions to the South Coast Air Quality
Management District (SCAQMD) portion
of the California State Implementation
Plan (SIP). These revisions concern
emissions of volatile organic
compounds (VOCs) and oxides of
SUMMARY:
Local agency
jspears on DSK121TN23PROD with RULES
State effective
date
State citation
This rule will be effective on
October 24, 2022.
ADDRESSES: The EPA has established a
docket for this action under Docket No.
EPA–R09–OAR–2021–0943. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
Rule No.
SCAQMD ........................................................
SC Rule 1118 is designed to decrease
volatile organic compound (VOC),
sulfur oxide, and nitrogen oxide
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16:21 Sep 21, 2022
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Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On March 25, 2022 (87 FR 17060), the
EPA proposed a limited approval and
limited disapproval of the following
rule that was submitted for
incorporation into the California SIP.
Rule title
Amended
Control of Emissions from Refinery Flares ....
emissions from industries such as
petroleum refineries, sulfur recovery
plants, and hydrogen production plants.
PO 00000
additional availability information. 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:
Donnique Sherman, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 947–4129 or by
email at sherman.donnique@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Fmt 4700
Sfmt 4700
07/07/2017
Submitted
02/16/2018
The revisions to this rule include
adoption of the requirements for
refinery flares from the final rule of the
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22SER1
Federal Register / Vol. 87, No. 183 / Thursday, September 22, 2022 / Rules and Regulations
2015 EPA Refinery Rule, updated
emission factors based on AP–42
guidance, and clarified reporting
requirements.
We proposed a limited approval
because we determined that this rule
improves the SIP and is largely
consistent with the relevant CAA
requirements. We simultaneously
proposed a limited disapproval because
Rule 1118 Section (j) does not satisfy the
requirements of CAA section 110 and
part D of the Act. As described in our
proposal, documents submitted for
inclusion into the SIP should not
include unbounded director’s discretion
that allows the State to approve
alternatives to the applicable SIP
without following the SIP revision
process described in CAA section 110.
Rule 1118 Section (j) provides the
Executive Officer the authority to
approve other American Society for
Testing and Materials (ASTM) methods
other than those currently included in
the rule. Without further specificity
regarding how this authority will be
exercised, it could functionally allow
for a revision of the SIP without
complying with the process for SIP
revisions required by the CAA. As a
result, this undermines the
enforceability of the submission,
constitutes a SIP deficiency, and
conflicts with CAA Section 110.
Our proposed action contains more
information on the basis for this
rulemaking and on our evaluation of the
submittal.
jspears on DSK121TN23PROD with RULES
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received no comments.
III. EPA Action
No comments were submitted.
Therefore, as authorized in sections
110(k)(3) and 301(a) of the Act, the EPA
is finalizing a limited approval of the
submitted rule. This action incorporates
the submitted rule into the California
SIP, including those provisions
identified as deficient. As authorized
under section 110(k)(3) and 301(a), the
EPA is simultaneously finalizing a
limited disapproval of SCAQMD Rule
1118.
As a result, the EPA must promulgate
a federal implementation plan (FIP)
under section 110(c) unless we approve
subsequent SIP revisions that correct the
rule deficiencies within 24 months. In
addition, the offset sanction in CAA
section 179(b)(2) will be imposed 18
months after the effective date of this
action, and the highway funding
sanction in CAA section 179(b)(1) six
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16:21 Sep 21, 2022
Jkt 256001
months after the offset sanction is
imposed. A sanction will not be
imposed if the EPA determines that a
subsequent SIP submission corrects the
identified deficiencies before the
applicable deadlines.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of South
Coast Air Quality Management District
Rule 1118 as described in Section I of
this preamble and set for below in the
amendments to 40 CFR part 52. The
EPA has made, and will continue to
make, these documents available
through www.regulations.gov and at the
EPA Region IX Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This 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 because this action does not
impose additional requirements beyond
those imposed by state law.
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 beyond those imposed by state
law.
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. This action does not
impose additional requirements beyond
those imposed by state law.
Accordingly, no additional costs to
State, local, or tribal governments, or to
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57837
the private sector, will result from this
action.
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: Coordination
With Indian Tribal Governments
This action does not have tribal
implications, as specified in Executive
Order 13175, because 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, and will not impose
substantial direct costs on tribal
governments or preempt tribal law.
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 impose additional
requirements beyond those imposed by
state law.
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 (NTTAA)
Section 12(d) of the NTTAA directs
the EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. The EPA believes that this
action is not subject to the requirements
of section 12(d) of the NTTAA because
application of those requirements would
be inconsistent with the CAA.
E:\FR\FM\22SER1.SGM
22SER1
57838
Federal Register / Vol. 87, No. 183 / Thursday, September 22, 2022 / Rules and Regulations
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Subpart F—California
The state did not evaluate
environmental justice considerations as
part of its SIP submittal. There is no
information in the record inconsistent
with the stated goals of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and indigenous peoples.
K. Congressional Review Act (CRA)
This action is subject to the CRA, 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).
L. Petitions for Judicial Review
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 November 21,
2022. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this rule 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 section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Dated: September 12, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
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1. The authority citation for part 52
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
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16:21 Sep 21, 2022
Jkt 256001
Identification of plan-in part.
*
*
*
*
*
(c) * * *
(347) * * *
(i) * * *
(B) * * *
(3) Previously approved on August 28,
2007, in paragraph (c)(347)(i)(B)(1) of
this section and now deleted with
replacement in paragraph
(c)(586)(i)(A)(1) of this section, Rule
1118 adopted February 13, 1998, and
amended November 4, 2005.
*
*
*
*
*
(586) An amended regulation for the
following agency was submitted on
February 16, 2018, by the Governor’s
designee as an attachment to a letter
dated February 7, 2018.
(i) Incorporation by reference. (A)
South Coast Air Quality Management
District.
(1) Rule 1118, ‘‘Control of Emissions
from Refinery Flares,’’ amended on July
7, 2017.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
§ 32.33
[Corrected]
On page 57129, in the third column,
in amendment 6, the instruction
‘‘Effective September 1, 2026, § 32.33 is
further amended by revising paragraph
(c)(1)(iii) to read as follows:’’ is
corrected to read ‘‘Effective September
1, 2026, § 32.33 is further amended by
adding paragraph (c)(1)(iii) to read as
follows:’’
■
Madonna Baucum,
Chief, Policy and Regulations Branch, U.S.
Fish and Wildlife Service.
[FR Doc. 2022–20553 Filed 9–21–22; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[FR Doc. 2022–20137 Filed 9–21–22; 8:45 am]
50 CFR Part 300
BILLING CODE 6560–50–P
[Docket No. 220801–0167]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–HQ–NWRS–2022–0055;
FXRS12610900000–223–FF09R20000]
RIN 1018–BF66
2022–2023 Station-Specific Hunting
and Sport Fishing Regulations;
Correction
Fish and Wildlife Service,
Interior.
ACTION: Final rule; correction.
AGENCY:
For the reasons stated in the
preamble, the Environmental Protection
Agency amends part 52, chapter I, title
40 of the Code of Federal Regulations as
follows:
■
§ 52.220
50 CFR Part 32
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
2. Section 52.220 is amended by
adding paragraphs (c)(347)(i)(B)(3) and
(c)(586) to read as follows:
■
to migratory game bird hunting, upland
game hunting, big game hunting, or
sport fishing for the 2022–2023 season.
DATES: Effective September 1, 2026.
FOR FURTHER INFORMATION CONTACT: Kate
Harrigan, (703) 358–2440.
SUPPLEMENTARY INFORMATION: In the
final rule that published in the Federal
Register on September 16, 2022, at 87
FR 57108, the following correction is
made:
We, the U.S. Fish and
Wildlife Service (Service), are correcting
one amendatory instruction in a final
rule that published in the Federal
Register on September 16, 2022. That
rule opened, for the first time, two
National Wildlife Refuges (NWRs,
refuges) that are currently closed to
hunting and sport fishing. In addition,
the rule opened or expanded hunting or
sport fishing at 16 other NWRs and
added pertinent station-specific
regulations for other NWRs that pertain
SUMMARY:
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RIN 0648–XC401
International Fisheries; Pacific Tuna
Fisheries; 2022 Commercial Pacific
Bluefin Tuna Trip Limit in the Eastern
Pacific Ocean
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
action.
AGENCY:
NMFS is announcing that the
Pacific bluefin tuna (PBF) trip limit
applicable to U.S. commercial fishing
vessels in the eastern Pacific Ocean
(EPO) is 3 metric tons (mt). This action
is necessary to inform fishery
participants of the trip limit established
in a final rule published on August 5,
2022.
DATES: The rule is effective 12 a.m. local
time September 19, 2022, through 11:59
p.m. local time December 31, 2022, or
until the fishery is closed.
FOR FURTHER INFORMATION CONTACT:
Celia Barroso, NMFS West Coast Region,
562–432–1850.
SUMMARY:
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]]>Agencies
[Federal Register Volume 87, Number 183 (Thursday, September 22, 2022)]
[Rules and Regulations]
[Pages 57836-57838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20137]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0943; FRL-9372-02-R9]
Air Plan Limited Approval and Limited Disapproval; California;
South Coast Air Quality Management District; Refinery Flares
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing a
limited approval and limited disapproval of revisions to the South
Coast Air Quality Management District (SCAQMD) portion of the
California State Implementation Plan (SIP). These revisions concern
emissions of volatile organic compounds (VOCs) and oxides of nitrogen
(NOX) from refinery flares. Under the authority of the Clean
Air Act (CAA or the Act), this action simultaneously approves a local
rule that regulates these emission sources and directs California to
correct rule deficiencies.
DATES: This rule will be effective on October 24, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R09-OAR-2021-0943. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. 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: Donnique Sherman, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4129 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On March 25, 2022 (87 FR 17060), the EPA proposed a limited
approval and limited disapproval of the following rule that was
submitted for incorporation into the California SIP.
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD................................ 1118 Control of Emissions 07/07/2017 02/16/2018
from Refinery Flares.
----------------------------------------------------------------------------------------------------------------
SC Rule 1118 is designed to decrease volatile organic compound
(VOC), sulfur oxide, and nitrogen oxide emissions from industries such
as petroleum refineries, sulfur recovery plants, and hydrogen
production plants. The revisions to this rule include adoption of the
requirements for refinery flares from the final rule of the
[[Page 57837]]
2015 EPA Refinery Rule, updated emission factors based on AP-42
guidance, and clarified reporting requirements.
We proposed a limited approval because we determined that this rule
improves the SIP and is largely consistent with the relevant CAA
requirements. We simultaneously proposed a limited disapproval because
Rule 1118 Section (j) does not satisfy the requirements of CAA section
110 and part D of the Act. As described in our proposal, documents
submitted for inclusion into the SIP should not include unbounded
director's discretion that allows the State to approve alternatives to
the applicable SIP without following the SIP revision process described
in CAA section 110. Rule 1118 Section (j) provides the Executive
Officer the authority to approve other American Society for Testing and
Materials (ASTM) methods other than those currently included in the
rule. Without further specificity regarding how this authority will be
exercised, it could functionally allow for a revision of the SIP
without complying with the process for SIP revisions required by the
CAA. As a result, this undermines the enforceability of the submission,
constitutes a SIP deficiency, and conflicts with CAA Section 110.
Our proposed action contains more information on the basis for this
rulemaking and on our evaluation of the submittal.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. EPA Action
No comments were submitted. Therefore, as authorized in sections
110(k)(3) and 301(a) of the Act, the EPA is finalizing a limited
approval of the submitted rule. This action incorporates the submitted
rule into the California SIP, including those provisions identified as
deficient. As authorized under section 110(k)(3) and 301(a), the EPA is
simultaneously finalizing a limited disapproval of SCAQMD Rule 1118.
As a result, the EPA must promulgate a federal implementation plan
(FIP) under section 110(c) unless we approve subsequent SIP revisions
that correct the rule deficiencies within 24 months. In addition, the
offset sanction in CAA section 179(b)(2) will be imposed 18 months
after the effective date of this action, and the highway funding
sanction in CAA section 179(b)(1) six months after the offset sanction
is imposed. A sanction will not be imposed if the EPA determines that a
subsequent SIP submission corrects the identified deficiencies before
the applicable deadlines.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of South
Coast Air Quality Management District Rule 1118 as described in Section
I of this preamble and set for below in the amendments to 40 CFR part
52. The EPA has made, and will continue to make, these documents
available through www.regulations.gov and at the EPA Region IX Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This 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 because this action does not impose additional requirements
beyond those imposed by state law.
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 beyond those
imposed by state law.
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. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, will
result from this action.
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: Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because 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, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. 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 impose additional
requirements beyond those imposed by state law.
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 (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
[[Page 57838]]
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The state did not evaluate environmental justice considerations as
part of its SIP submittal. There is no information in the record
inconsistent with the stated goals of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
indigenous peoples.
K. Congressional Review Act (CRA)
This action is subject to the CRA, 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).
L. Petitions for Judicial Review
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 November 21, 2022. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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 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,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: September 12, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the Environmental
Protection Agency amends part 52, chapter I, title 40 of the Code of
Federal Regulations as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(347)(i)(B)(3) and
(c)(586) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(347) * * *
(i) * * *
(B) * * *
(3) Previously approved on August 28, 2007, in paragraph
(c)(347)(i)(B)(1) of this section and now deleted with replacement in
paragraph (c)(586)(i)(A)(1) of this section, Rule 1118 adopted February
13, 1998, and amended November 4, 2005.
* * * * *
(586) An amended regulation for the following agency was submitted
on February 16, 2018, by the Governor's designee as an attachment to a
letter dated February 7, 2018.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1118, ``Control of Emissions from Refinery Flares,''
amended on July 7, 2017.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
[FR Doc. 2022-20137 Filed 9-21-22; 8:45 am]
BILLING CODE 6560-50-P
