Determination To Defer Sanctions; California; California Air Resources Board, 75236-75238 [2023-23608]

Download as PDF khammond on DSKJM1Z7X2PROD with RULES 75236 Federal Register / Vol. 88, No. 211 / Thursday, November 2, 2023 / Rules and Regulations that Rule 415 regulates activities covered by the CTG document ‘‘Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals’’ (EPA– 450/2–77–026, October 1977).4 That proposal stated that Rule 415 was revised in response to the EPA’s previous conditional approval and that the updated version of Rule 415 corrected the identified deficiencies. Therefore, our approval of Rule 415 as establishing RACT for this CTG cured the identified deficiency associated with our conditional approval of the portion of the District’s RACT SIP associated with Rule 415 in 40 CFR 52.248(i). Due to an administrative oversight, our notice approving Rule 415 neglected to remove the conditional approval language from 40 CFR 52.248(i). This action addresses this administrative oversight. For the reasons described above, this action corrects the regulatory text to reflect the current status of AVAQMD’s RACT SIP demonstration for the 1997 and 2008 8-hour ozone NAAQS. The EPA is removing Rule 1110.2, ‘‘Emission from Stationary, Non-road & Portable Internal Combustion Engines,’’ and Rule 1151, ‘‘Motor Vehicle and Mobile Equipment Coating Operations,’’ from the regulatory text at 40 CFR 52.248(b)(2) and 40 CFR 52.248(b)(3), respectively. Consequently, AVAQMD has met its RACT SIP obligations for these 1997 and 2008 8-hour NAAQS and, therefore, the EPA is removing the prior conditional approvals for these RACT SIP demonstrations from the Code of Federal Regulations (40 CFR 52.248(b)), leaving only the subsequently approved rules in the California SIP. This action also corrects the regulatory text to reflect the current status of ICAPCD’s RACT SIP demonstration for the 2008 8-hour ozone NAAQS. ICAPCD has met its RACT SIP obligations for this NAAQS and, therefore, the EPA will remove the prior conditional approval for this RACT SIP demonstration from the Code of Federal Regulations (40 CFR 52.248(i)), leaving only the subsequently approved rule in the California SIP. The EPA has determined that this action falls under the ‘‘good cause’’ exemption in section 553(b)(3)(B) of the Administrative Procedure Act (APA) which, upon finding ‘‘good cause,’’ authorizes agencies to dispense with public participation where public notice and comment procedures are impracticable, unnecessary, or contrary to public interest. Public notice and comment for this action is unnecessary because the underlying rules and RACT 4 86 evaluations were already subject to a 30day comment period, and this action is merely making administrative changes and updating the regulatory text accordingly. Further, this action is consistent with the purpose and rationale of the final rules. Because this action does not change the EPA’s analyses or overall actions, no purpose would be served by additional public notice and comment. Consequently, additional public notice and comment are unnecessary. The EPA also finds that there is good cause under APA section 553(d)(3) for these amendments to become effective on the date of publication of this action. Section 553(d)(3) of the APA allows an effective date of less than 30 days after publication ‘‘as otherwise provided by the agency for good cause found and published with the rule.’’ 5 U.S.C. 553(d)(3). The purpose of the 30-day waiting period prescribed in APA section 553(d)(3) is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. This rule does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. This action merely corrects incomplete amendatory instructions in previous rulemakings. For these reasons, the EPA finds good cause under APA section 553(d)(3) for these changes to become effective on the date of publication of this action. 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. Dated: October 19, 2023. Martha Guzman Aceves, Regional Administrator, Region IX. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. FR 24835 (May 10, 2021). VerDate Sep<11>2014 15:47 Nov 01, 2023 Jkt 262001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 Subpart F—California § 52.248 [Amended] 2. Section 52.248 is amended by removing and reserving paragraphs (b) and (i). ■ [FR Doc. 2023–23740 Filed 11–1–23; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2023–0479; FRL–11425– 02–R9] Determination To Defer Sanctions; California; California Air Resources Board Environmental Protection Agency (EPA). ACTION: Interim final determination. AGENCY: 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 that correct deficiencies in its Clean Air Act (CAA or ‘‘Act’’) state implementation plan (SIP) provisions concerning emissions of volatile organic compounds (VOCs) from vapor recovery systems of gasoline cargo tanks. This determination is based on a proposed approval, published elsewhere in this Federal Register, of CARB’s California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 8, Article 1, Section 94014 (‘‘Section 94014’’) 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 2022 is now deferred. If the EPA finalizes its approval of CARB’s submission, relief from these sanctions will become permanent. SUMMARY: This interim final determination is effective November 2, 2023. However, comments will be accepted on or before December 4, 2023. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2023–0479 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 to be Confidential Business Information (CBI) DATES: E:\FR\FM\02NOR1.SGM 02NOR1 Federal Register / Vol. 88, No. 211 / Thursday, November 2, 2023 / Rules and Regulations 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 75237 Table of Contents 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. I. Background II. The EPA’s Evaluation and Action III. Statutory and Executive Order Reviews I. Background La Kenya Evans-Hopper, EPA Region IX, 75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 942–3245 or by email at evanshopper.lakenya@epa.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Throughout this document, the terms ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. On April 5, 2022 (87 FR 19631), the EPA issued a final limited approval and limited disapproval action for the CARB rule listed in Table 1 that was submitted to the EPA for inclusion into the California SIP. The action addressed the procedures CARB uses to certify vapor recovery systems on cargo tank trucks used to transport gasoline from bulk terminals to gasoline dispensing facilities. TABLE 1—CARB RULE WITH PREVIOUS EPA ACTION Regulation or provision Regulation title or subject California Code of Regulations, Title Certification of Vapor Recovery 17, Division 3, Chapter 1, SubSystems for Cargo Tanks. chapter 8, Article 1, Section 94014. In the April 5, 2022 final rule, we determined that although the CARB regulation 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. CARB’s previously submitted Section 94014 incorporated by reference Certification Procedure CP–204 (‘‘CP– Amended Submitted EPA action in 2022 07/25/2013 .... 08/22/2018 Limited Approval and Limited Disapproval. 204’’) that allowed for CARB’s Executive Officer to approve alternate test procedures without EPA approval. The EPA found that this provision was an instance of unbounded director’s discretion. Pursuant to section 179 of the CAA and our regulations at 40 CFR 52, the disapproval action on CP–204 under title I, part D started a sanctions clock for imposition of offset sanctions 18 months after the action’s effective date of November 5, 2023, and highway sanctions 6 months later. On July 12, 2023, the CARB revised Section 94014 and CP–204, and on September 13, 2023, submitted it to the EPA for approval into the California SIP as shown in Table 2 below. Regulation or provision Regulation title or subject Amended Submitted California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 8, Article 1, Section 94014, excluding subsections (a)–(d). Certification Procedure CP–204 ............................................. Certification of Vapor Recovery Systems for Cargo Tanks. 1 07/12/23 09/13/23 Certification Procedure for Vapor Recovery Systems of Cargo Tanks. 07/12/23 09/13/23 khammond on DSKJM1Z7X2PROD with RULES 1 The California Air Resources Board amended the introductory paragraph of 17 California Code of Regulations Section 94014 on July 12, 2023, and the changed was filed with Thomson Reuters Westlaw on August 29, 2023. Therefore, the amendment for Section 94014 will be recorded as July 12, 2023. On September 25, 2023, the Submittal was determined to meet the completeness criteria in 40 CFR part 51 Appendix V, which must be met before formal EPA review. The revised CARB section 94014 and CP–204 in Table 2 is intended to address the disapproval issues in our April 5, 2022 final rule. Based on this proposed action approving Section 94014 and CP–204 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 final action on April 5, 2022, because we believe that the submittal corrects the VerDate Sep<11>2014 15:47 Nov 01, 2023 Jkt 262001 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 CARB Section 94014 and CP–204, 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 final action on April 5, 2022, would be permanently terminated on the effective date of our final approval of Section 94014 and CP– 204. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 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 April 5, 2022, of CARB’s section 94014 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 CARB Section 94014 which resolves the deficiencies that triggered sanctions under section 179 of the CAA. Because the EPA has preliminarily determined that CARB Section 94014 and CP–204, amended on July 12, 2023, address the limited disapproval issues under part D of title I of the CAA identified in our 2022 final action and E:\FR\FM\02NOR1.SGM 02NOR1 75238 Federal Register / Vol. 88, No. 211 / Thursday, November 2, 2023 / Rules and Regulations 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-andcomment 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)). khammond on DSKJM1Z7X2PROD with RULES III. Statutory and Executive Order Reviews This action defers sanctions and imposes no additional requirements. For that reason, this action: • 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 13563 (76 FR 3821, January 21, 2011); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • 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.); • 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); • Does not have federalism implications as specified in Executive VerDate Sep<11>2014 15:47 Nov 01, 2023 Jkt 262001 Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • 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, Feb. 16, 1994) directs Federal agencies to identify and address ‘‘disproportionately high and adverse human health or environmental effects’’ of their actions on minority populations and low-income populations to the greatest extent practicable and permitted by law. The EPA defines environmental justice (EJ) as ‘‘the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.’’ The EPA further defines the term fair treatment to mean that ‘‘no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative environmental consequences of industrial, governmental, and commercial operations or programs and policies.’’ The State did not evaluate environmental justice 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 E.O. 12898 of achieving environmental justice for people of color, low-income populations, and Indigenous peoples. PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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). 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 January 2, 2024. Filing a petition for reconsideration by the EPA Administrator of this final rule does not affect the finality of this rule 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, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: October 19, 2023. Martha Guzman Aceves, Regional Administrator, Region IX. [FR Doc. 2023–23608 Filed 11–1–23; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 230523–0136; RTID 0648– XD467] Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2023 Tribal Fishery Allocations for Pacific Whiting; Reapportionment Between Tribal and Non-Tribal Sectors National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Inseason reapportionment of tribal Pacific whiting allocation. AGENCY: This document announces the reapportionment of 45,000 metric tons of Pacific whiting from the tribal allocation to the non-tribal commercial fishery sectors via automatic action on September 27, 2023. This SUMMARY: E:\FR\FM\02NOR1.SGM 02NOR1

Agencies

[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Rules and Regulations]
[Pages 75236-75238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23608]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2023-0479; FRL-11425-02-R9]


Determination To Defer Sanctions; California; California Air 
Resources Board

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final determination.

-----------------------------------------------------------------------

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 that correct deficiencies in its 
Clean Air Act (CAA or ``Act'') state implementation plan (SIP) 
provisions concerning emissions of volatile organic compounds (VOCs) 
from vapor recovery systems of gasoline cargo tanks. This determination 
is based on a proposed approval, published elsewhere in this Federal 
Register, of CARB's California Code of Regulations, Title 17, Division 
3, Chapter 1, Subchapter 8, Article 1, Section 94014 (``Section 
94014'') 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 2022 is 
now deferred. If the EPA finalizes its approval of CARB's submission, 
relief from these sanctions will become permanent.

DATES: This interim final determination is effective November 2, 2023. 
However, comments will be accepted on or before December 4, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2023-0479 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 to be 
Confidential Business Information (CBI)

[[Page 75237]]

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 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: La Kenya Evans-Hopper, EPA Region IX, 
75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 942-3245 or 
by email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``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 April 5, 2022 (87 FR 19631), the EPA issued a final limited 
approval and limited disapproval action for the CARB rule listed in 
Table 1 that was submitted to the EPA for inclusion into the California 
SIP. The action addressed the procedures CARB uses to certify vapor 
recovery systems on cargo tank trucks used to transport gasoline from 
bulk terminals to gasoline dispensing facilities.

                                   Table 1--CARB Rule With Previous EPA Action
----------------------------------------------------------------------------------------------------------------
                                   Regulation title
     Regulation or provision          or subject            Amended            Submitted      EPA action in 2022
----------------------------------------------------------------------------------------------------------------
California Code of Regulations,   Certification of    07/25/2013........  08/22/2018........  Limited Approval
 Title 17, Division 3, Chapter     Vapor Recovery                                              and Limited
 1, Subchapter 8, Article 1,       Systems for Cargo                                           Disapproval.
 Section 94014.                    Tanks.
----------------------------------------------------------------------------------------------------------------

    In the April 5, 2022 final rule, we determined that although the 
CARB regulation 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. CARB's 
previously submitted Section 94014 incorporated by reference 
Certification Procedure CP-204 (``CP-204'') that allowed for CARB's 
Executive Officer to approve alternate test procedures without EPA 
approval. The EPA found that this provision was an instance of 
unbounded director's discretion. Pursuant to section 179 of the CAA and 
our regulations at 40 CFR 52, the disapproval action on CP-204 under 
title I, part D started a sanctions clock for imposition of offset 
sanctions 18 months after the action's effective date of November 5, 
2023, and highway sanctions 6 months later.
    On July 12, 2023, the CARB revised Section 94014 and CP-204, and on 
September 13, 2023, submitted it to the EPA for approval into the 
California SIP as shown in Table 2 below.

----------------------------------------------------------------------------------------------------------------
          Regulation or provision             Regulation title or subject        Amended           Submitted
----------------------------------------------------------------------------------------------------------------
California Code of Regulations, Title 17,    Certification of Vapor              \1\ 07/12/23           09/13/23
 Division 3, Chapter 1, Subchapter 8,         Recovery Systems for Cargo
 Article 1, Section 94014, excluding sub-     Tanks.
 sections (a)-(d).
Certification Procedure CP-204.............  Certification Procedure for             07/12/23           09/13/23
                                              Vapor Recovery Systems of
                                              Cargo Tanks.
----------------------------------------------------------------------------------------------------------------
\1\ The California Air Resources Board amended the introductory paragraph of 17 California Code of Regulations
  Section 94014 on July 12, 2023, and the changed was filed with Thomson Reuters Westlaw on August 29, 2023.
  Therefore, the amendment for Section 94014 will be recorded as July 12, 2023.

    On September 25, 2023, the Submittal was determined to meet the 
completeness criteria in 40 CFR part 51 Appendix V, which must be met 
before formal EPA review.
    The revised CARB section 94014 and CP-204 in Table 2 is intended to 
address the disapproval issues in our April 5, 2022 final rule. Based 
on this proposed action approving Section 94014 and CP-204 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 final action on April 
5, 2022, 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 CARB Section 94014 and CP-204, 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 final action on April 5, 2022, 
would be permanently terminated on the effective date of our final 
approval of Section 94014 and CP-204.

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 April 
5, 2022, of CARB's section 94014 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 CARB Section 94014 which resolves 
the deficiencies that triggered sanctions under section 179 of the CAA.
    Because the EPA has preliminarily determined that CARB Section 
94014 and CP-204, amended on July 12, 2023, address the limited 
disapproval issues under part D of title I of the CAA identified in our 
2022 final action and

[[Page 75238]]

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:
     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 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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.);
     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);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The State did not evaluate environmental justice 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 
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
    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).
    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 January 2, 2024. Filing a petition for 
reconsideration by the EPA Administrator of this final rule does not 
affect the finality of this rule 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, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: October 19, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023-23608 Filed 11-1-23; 8:45 am]
BILLING CODE 6560-50-P
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