Interim Final Determination To Stay or Defer Sanctions; California; San Joaquin Valley Unified Air Pollution Control District, 87934-87937 [2023-27687]

Download as PDF 87934 Federal Register / Vol. 88, No. 243 / Wednesday, December 20, 2023 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2023–0477; FRL–11532– 02–R9] Interim Final Determination To Stay or Defer Sanctions; California; San Joaquin Valley Unified Air Pollution Control District Environmental Protection Agency (EPA). ACTION: Interim final determination. AGENCY: The Environmental Protection Agency (EPA) is making an interim final determination that the State of California has submitted revisions to the California State Implementation Plan (SIP) that satisfy the requirements under the Clean Air Act (CAA or ‘‘Act’’) for nonattainment areas classified as ‘‘Serious’’ for the 1997 annual fine particulate matter (PM2.5) national ambient air quality standards (NAAQS), and for contingency measures for the 2006 24-hour PM2.5 NAAQS and the 2012 annual PM2.5 NAAQS, in the San Joaquin Valley (SJV) nonattainment area. This determination is based on a proposed approval, published on July 14, 2023, of SIP revisions addressing the Serious area requirements for the 1997 annual PM2.5 NAAQS (except contingency measures) and on proposed approvals, published elsewhere in this issue of the Federal Register, of SIP revisions addressing the contingency measure requirements for the 1997 annual PM2.5 NAAQS, the 2006 24-hour PM2.5 NAAQS, and the 2012 annual PM2.5 NAAQS. The effect of this interim final determination is to stay the application of the offset sanction and to defer the application of the highway sanction that were triggered by previous EPA actions that included disapproval of the certain Serious area SIP elements submitted for the San Joaquin Valley for the 1997 annual PM2.5 NAAQS (including the contingency measure element), and disapproval of the contingency measure SIP elements for the 2006 24-hour PM2.5 NAAQS and the 2012 annual PM2.5 NAAQS. DATES: This interim final determination is effective on December 20, 2023. However, comments will be accepted until January 19, 2024. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2023–0477 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 ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:54 Dec 19, 2023 Jkt 262001 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: Rory Mays, Planning and Analysis Branch (AIR–2), Air and Radiation Division, EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105, (415) 972– 3227, or by email at mays.rory@epa.gov. 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 November 26, 2021, the EPA took final action to approve in part and disapprove in part portions of SIP revisions submitted by the California Air Resources Board (CARB) to address CAA requirements for the 1997 annual PM2.5 NAAQS in the San Joaquin Valley PM2.5 nonattainment area.1 Specifically, the EPA approved the 2013 base year emissions inventories but disapproved the attainment demonstration and related elements, including the comprehensive precursor demonstration, five percent annual emissions reductions demonstration, best available control measures demonstration, reasonable further progress demonstration, quantitative milestones, contingency measures, and motor vehicle emissions budgets. In our November 26, 2021 action, we determined that while the SIP revisions met the requirements for base year inventories, the SIP revisions did not meet the applicable requirements for the other listed plan elements under title I, part D, of the Act and the EPA’s implementing regulations for Serious PM2.5 nonattainment areas that are subject to CAA section 189(d). Pursuant to section 179 of the CAA and our regulations at 40 CFR 52.31, this partial disapproval action started an 18-month clock for the application of the offset sanction and a 24-month clock for the application of the highway sanction, beginning on the effective date of our November 26, 2021 action (i.e., December 27, 2021), unless the State submits, and the EPA approves, a SIP revision or revisions that address the deficiencies that formed the basis for the partial disapproval prior to the expiration of the sanctions clocks. Application of the offset sanction has been in effect since June 27, 2023, and the clock for the highway sanction will expire on December 27, 2023. On November 8, 2021, CARB submitted the ‘‘Attainment Plan Revision for the 1997 Annual PM2.5 Standard’’ (herein referred to as the ‘‘15 mg/m3 SIP Revision’’) to amend the previously disapproved SIP revisions and to address all CAA requirements for the 1997 annual PM2.5 NAAQS except for contingency measures.2 On July 14, 2023, the EPA proposed approval of the relevant SIP revisions, including the 15 mg/m3 SIP Revision, that address all the applicable requirements for the 1997 annual PM2.5 NAAQS in the San Joaquin Valley that had been the subject of our November 26, 2021 final partial disapproval action, except for the contingency measure requirements.3 On December 5, 2023, the EPA Region IX Regional Administrator signed a final rule taking action to approve the SIP revisions that the EPA had proposed to approve on July 14, 2023. Also on November 26, 2021, the EPA published a separate final rule to approve in part and disapprove in part portions of SIP revisions submitted by CARB to address CAA requirements for the 2006 24-hour PM2.5 NAAQS and the 2012 annual PM2.5 NAAQS in the San Joaquin Valley.4 Specifically, we approved all but the contingency measure element of the SIP revisions as they pertained to the Moderate area plan requirements for the 2012 PM2.5 NAAQS, and we disapproved the 2 88 FR 45276, 45278–45279 (July 14, 2023). FR 45276. 4 86 FR 67343 (November 26, 2021). 3 88 1 86 PO 00000 FR 67329. Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\20DER1.SGM 20DER1 ddrumheller on DSK120RN23PROD with RULES1 Federal Register / Vol. 88, No. 243 / Wednesday, December 20, 2023 / Rules and Regulations contingency measure elements for the 2006 24-hour PM2.5 NAAQS and the 2012 annual PM2.5 NAAQS. Like our final action on the Serious area plan for the 1997 annual PM2.5 NAAQS, pursuant to section 179 of the CAA and our regulations at 40 CFR 52.31, our partial disapproval action started an 18month clock for the application of the offset sanction and a 24-month clock for the application of the highway sanction, beginning on the effective date of our November 26, 2021 action (i.e., December 27, 2021), unless the State submits, and the EPA approves, a SIP revision or revisions that address the deficiencies that formed the basis for the disapproval prior to the expiration of the sanctions clocks. Application of the offset sanction has been in effect since June 27, 2023, and the clock for the highway sanction will expire on December 27, 2023. On June 8, 2023, CARB submitted SIP revisions (herein referred to as the ‘‘SJV PM2.5 Contingency Measure SIP’’ and the ‘‘Residential Wood Burning Contingency Measure’’) addressing the contingency measure requirements for the 1997 annual PM2.5 NAAQS, the 2006 24-hour PM2.5 NAAQS, and the 2012 annual PM2.5 NAAQS for the San Joaquin Valley. The Residential Wood Burning Contingency Measure would, following a triggering event, expand the residential wood burning curtailment restrictions if certain determinations are made by the EPA. On October 16, 2023, CARB supplemented the SJV PM2.5 Contingency Measure SIP with the submission of a second PM2.5 contingency measure (referred to herein as the ‘‘Rural Open Areas Contingency Measure’’) that would, following a triggering event, expand applicability of certain fugitive dust controls if triggered by a contingency event. In addition, on November 13, 2023, CARB submitted a state-wide contingency measure SIP revision, including provisions for PM2.5 contingency measures in the San Joaquin Valley (herein referred to as the ‘‘Smog Check Contingency Measure’’) that would, following a triggering event, reduce the model-year vehicle exemption in the State’s vehicle inspection and maintenance program (referred to as the ‘‘Smog Check’’ program) by one year. In the Proposed Rules section of this issue of the Federal Register, we have proposed approval of the SJV PM2.5 Contingency Measure SIP, the Residential Wood Burning Contingency Measure, and the Rural Open Areas Contingency Measure, and, in a separate rulemaking, we have proposed approval of the Smog Check Contingency Measure. Based on our July 14, 2023 VerDate Sep<11>2014 16:54 Dec 19, 2023 Jkt 262001 proposed approval action with respect to the Serious area SIP elements for the San Joaquin Valley for the 1997 annual PM2.5 NAAQS (other than the contingency measure element), and on the proposed approval actions in this issue of the Federal Register with respect to the contingency measure SIP and related contingency measures, we are taking this final rulemaking action, effective upon publication, to stay application of the offset sanction and defer application of the highway sanction that were triggered by the EPA’s November 26, 2021 disapprovals of the Serious area plan for the 1997 annual PM2.5 NAAQS, including the contingency measure element, and the contingency measure elements for the 2006 24-hour PM2.5 NAAQS and the 2012 annual PM2.5 NAAQS. We are doing so because we find that the submissions of the 15 mg/m3 SIP Revision, the SJV PM2.5 Contingency Measure SIP, the Residential Wood Burning Contingency Measure, the Rural Open Areas Contingency Measure, and the Smog Check Contingency Measure correct the deficiencies that triggered such sanctions. The EPA is providing the public with an opportunity to comment on this stay of the offset sanction and deferral of the highway sanction. If comments are submitted that change our assessment, as described in this final determination and in our proposed approvals of the SJV PM2.5 Contingency Measure SIP, the Residential Wood Burning Contingency Measure, the Rural Open Areas Contingency Measure, and the Smog Check Contingency Measure, with respect to the deficiencies identified as the basis for our disapprovals of the contingency measure elements, we will take final action proposing to lift this stay of the offset sanction and deferral of the highway sanction under 40 CFR 52.31. If no comments are submitted that change our assessment, then all sanctions and any sanction clocks triggered by our November 26, 2021 final actions will be permanently terminated on the effective date of our final approvals of the SJV PM2.5 Contingency Measure SIP, the Residential Wood Burning Contingency Measure, the Rural Open Areas Contingency Measure, and the Smog Check Contingency Measure. All sanctions and any sanctions clocks associated with the Serious area SIP elements for the 1997 annual PM2.5 NAAQS for the San Joaquin Valley (except the contingency measures element) will be permanently terminated on the effective date of the final approval of the 15 mg/m3 SIP Revision, which was signed by the EPA PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 87935 Region IX Regional Administrator on December 5, 2023. II. EPA Action We are making an interim final determination to stay the application of the offset sanction and to defer the application of the highway sanction associated with our November 26, 2021 disapprovals of certain Serious area plan elements for the 1997 annual PM2.5 NAAQS for the San Joaquin Valley (including the contingency measure element) and of the contingency measure elements for the 2006 24-hour PM2.5 NAAQS and the 2012 annual PM2.5 NAAQS for the San Joaquin Valley. This determination is based on our concurrent proposals to approve the SJV PM2.5 Contingency Measure SIP, the Residential Wood Burning Contingency Measure, the Rural Open Areas Contingency Measure, and the Smog Check Contingency Measure, and our July 14, 2023 proposed approval of the 15 mg/m3 SIP Revision, which resolve the deficiencies that triggered sanctions under section 179 of the CAA. Because the EPA has preliminarily determined that the submissions of the 15 mg/m3 SIP Revision, the SJV PM2.5 Contingency Measure SIP, the Residential Wood Burning Contingency Measure, the Rural Open Areas Contingency Measure, and the Smog Check Contingency Measure, address the deficiencies identified in the November 26, 2021 partial disapproval actions and are 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 an opportunity to comment on the EPA’s determination after the effective date, and the EPA will consider any comments received in determining whether to reverse such action. 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 submissions of the 15 mg/m3 SIP Revision, the SJV PM2.5 Contingency Measure SIP, Residential Wood Burning Contingency Measure, the Rural Open Areas Contingency Measure, and the Smog Check Contingency Measure and, through its proposed actions, is indicating that it is more likely than not that they correct the deficiencies that were the basis for the actions that started the sanctions clocks. Therefore, E:\FR\FM\20DER1.SGM 20DER1 87936 Federal Register / Vol. 88, No. 243 / Wednesday, December 20, 2023 / Rules and Regulations it is not in the public interest to apply sanctions. The EPA believes that it is necessary to use the interim final rulemaking process to stay the application of the offset sanction and defer the application of the highway sanction while we complete our rulemaking process on the approvability of the CARB’s submissions of SIP revisions intended to address the Serious area plan elements for the San Joaquin Valley for the 1997 annual PM2.5 NAAQS (including contingency measures) and the contingency measure requirements for the 2006 24-hour PM2.5 NAAQS and the 2012 annual PM2.5 NAAQS. 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 document is to relieve a restriction (5 U.S.C. 553(d)(1)). III. Statutory and Executive Order Reviews This action stays or defers application of sanctions and imposes no additional requirements. 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. This action stays or defers application of 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 stays or defers application of sanctions and imposes no new requirements. ddrumheller on DSK120RN23PROD with RULES1 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 VerDate Sep<11>2014 16:54 Dec 19, 2023 Jkt 262001 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 stays or defers application of 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 lowincome populations. The EPA believes that this type of action does not concern human health or environmental PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 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 stays or defers application of 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 stay of the offset sanction and the deferral of the highway sanction as well as the opportunity to comment on our proposed approvals of the submissions of the SJV PM2.5 Contingency Measure SIP, Residential Wood Burning Contingency Measure, the Rural Open Areas Contingency Measure, and the Smog Check Contingency Measure 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 February 20, 2024. 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, Ammonia, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting E:\FR\FM\20DER1.SGM 20DER1 Federal Register / Vol. 88, No. 243 / Wednesday, December 20, 2023 / Rules and Regulations and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: December 12, 2023. Martha Guzman Aceves, Regional Administrator, Region IX. [FR Doc. 2023–27687 Filed 12–19–23; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 217 [Docket No. 231213–0302] RIN 0648–BK57 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the U.S. Coast Guard’s Alaska Facility Maintenance and Repair Activities National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; notification of issuance of Letter of Authorization. AGENCY: NMFS, upon request from the United States Coast Guard (Coast Guard), hereby issues regulations to govern the unintentional taking of marine mammals incidental to maintenance and repair at facilities in Alaska, over the course of 5 years (2023–2028). These regulations, which allow for the issuance of a Letter of Authorization (LOA) for the incidental take of marine mammals during the described activities and specified timeframes, prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat, as well as requirements pertaining to the monitoring and reporting of such taking. DATES: Effective from March 1, 2024, through February 28, 2029. ADDRESSES: A copy of the Coast Guard’s application and any supporting documents, as well as a list of the references cited in this document, may be obtained online at: https:// www.fisheries.noaa.gov/action/ incidental-take-authorization-us-coastguards-alaska-facility-maintenanceand-repair. In case of problems accessing these documents, please call the contact listed below. FOR FURTHER INFORMATION CONTACT: Cara Hotchkin, Office of Protected Resources, NMFS, (301) 427–8401. ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:54 Dec 19, 2023 Jkt 262001 SUPPLEMENTARY INFORMATION: Purpose and Need for Regulatory Action We received an application from the Coast Guard requesting 5-year regulations and authorization to take multiple species of marine mammals. This rule establishes a framework under the authority of the MMPA (16 U.S.C. 1361 et seq.) to allow for the authorization of take of marine mammals incidental to the Coast Guard’s construction activities related to maintenance and repair at facilities in Alaska. Legal Authority for the Action Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1371(a)(5)(A)) directs the Secretary of Commerce to allow, upon request, the incidental, but not intentional taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region for up to 5 years if, after notice and public comment, the agency makes certain findings and issues regulations that set forth permissible methods of taking pursuant to that activity and other means of effecting the ‘‘least practicable adverse impact’’ on the affected species or stocks and their habitat (see the discussion below in the Mitigation section), as well as monitoring and reporting requirements. Section 101(a)(5)(A) of the MMPA and the implementing regulations at 50 CFR part 216, subpart I provide the legal basis for issuing this final rule containing 5-year regulations, and for any subsequent Letters of Authorization (LOAs). As directed by this legal authority, this final rule contains mitigation, monitoring, and reporting requirements. Summary of Major Provisions Within the Regulations Following is a summary of the major provisions of this rule regarding Coast Guard construction activities. These measures include: • Required monitoring of the construction areas to detect the presence of marine mammals before beginning construction activities; • Shutdown of construction activities under certain circumstances to avoid injury of marine mammals; and • Soft start for impact pile driving to allow marine mammals the opportunity to leave the area prior to beginning impact pile driving at full power. Background The MMPA prohibits the ‘‘take’’ of marine mammals, with certain PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 87937 exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed incidental take authorization may be provided to the public for review. Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses (where relevant). Further, NMFS must prescribe the permissible methods of taking and other ‘‘means of effecting the least practicable adverse impact’’ on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of the species or stocks for taking for certain subsistence uses (referred to as ‘‘mitigation’’); and requirements pertaining to the mitigation, monitoring, and reporting of the takings are set forth. The definitions of all applicable MMPA statutory terms cited above are included in the relevant sections below. Summary of Request On March 15, 2021, NMFS received an application from the Coast Guard requesting authorization for take of marine mammals incidental to construction activities related to maintenance and repair at eight Coast Guard facilities in Alaska. On November 24, 2021 (86 FR 67023), we published a notice of receipt of the Coast Guard’s application in the Federal Register, requesting comments and information related to the request for 30 days. We received no public comments. Following additional review, we determined the application was adequate and complete on January 19, 2022. On August 12, 2022, the Coast Guard submitted a modification to their application (to include vibratory driving of composite piles as part of the specified activity). This revised application was deemed adequate and complete on August 31, 2022. On April 28, 2023, we published the proposed rule in the Federal Register (88 FR 26432), incorporating the changes submitted by the Coast Guard in August 2022, and requested comments and E:\FR\FM\20DER1.SGM 20DER1

Agencies

[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Rules and Regulations]
[Pages 87934-87937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27687]



[[Page 87934]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2023-0477; FRL-11532-02-R9]


Interim Final Determination To Stay or Defer Sanctions; 
California; San Joaquin Valley Unified Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final determination.

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SUMMARY: The Environmental Protection Agency (EPA) is making an interim 
final determination that the State of California has submitted 
revisions to the California State Implementation Plan (SIP) that 
satisfy the requirements under the Clean Air Act (CAA or ``Act'') for 
nonattainment areas classified as ``Serious'' for the 1997 annual fine 
particulate matter (PM2.5) national ambient air quality 
standards (NAAQS), and for contingency measures for the 2006 24-hour 
PM2.5 NAAQS and the 2012 annual PM2.5 NAAQS, in 
the San Joaquin Valley (SJV) nonattainment area. This determination is 
based on a proposed approval, published on July 14, 2023, of SIP 
revisions addressing the Serious area requirements for the 1997 annual 
PM2.5 NAAQS (except contingency measures) and on proposed 
approvals, published elsewhere in this issue of the Federal Register, 
of SIP revisions addressing the contingency measure requirements for 
the 1997 annual PM2.5 NAAQS, the 2006 24-hour 
PM2.5 NAAQS, and the 2012 annual PM2.5 NAAQS. The 
effect of this interim final determination is to stay the application 
of the offset sanction and to defer the application of the highway 
sanction that were triggered by previous EPA actions that included 
disapproval of the certain Serious area SIP elements submitted for the 
San Joaquin Valley for the 1997 annual PM2.5 NAAQS 
(including the contingency measure element), and disapproval of the 
contingency measure SIP elements for the 2006 24-hour PM2.5 
NAAQS and the 2012 annual PM2.5 NAAQS.

DATES: This interim final determination is effective on December 20, 
2023. However, comments will be accepted until January 19, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2023-0477 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: Rory Mays, Planning and Analysis 
Branch (AIR-2), Air and Radiation Division, EPA Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105, (415) 972-3227, 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. EPA Action
III. Statutory and Executive Order Reviews

I. Background

    On November 26, 2021, the EPA took final action to approve in part 
and disapprove in part portions of SIP revisions submitted by the 
California Air Resources Board (CARB) to address CAA requirements for 
the 1997 annual PM2.5 NAAQS in the San Joaquin Valley 
PM2.5 nonattainment area.\1\ Specifically, the EPA approved 
the 2013 base year emissions inventories but disapproved the attainment 
demonstration and related elements, including the comprehensive 
precursor demonstration, five percent annual emissions reductions 
demonstration, best available control measures demonstration, 
reasonable further progress demonstration, quantitative milestones, 
contingency measures, and motor vehicle emissions budgets. In our 
November 26, 2021 action, we determined that while the SIP revisions 
met the requirements for base year inventories, the SIP revisions did 
not meet the applicable requirements for the other listed plan elements 
under title I, part D, of the Act and the EPA's implementing 
regulations for Serious PM2.5 nonattainment areas that are 
subject to CAA section 189(d). Pursuant to section 179 of the CAA and 
our regulations at 40 CFR 52.31, this partial disapproval action 
started an 18-month clock for the application of the offset sanction 
and a 24-month clock for the application of the highway sanction, 
beginning on the effective date of our November 26, 2021 action (i.e., 
December 27, 2021), unless the State submits, and the EPA approves, a 
SIP revision or revisions that address the deficiencies that formed the 
basis for the partial disapproval prior to the expiration of the 
sanctions clocks. Application of the offset sanction has been in effect 
since June 27, 2023, and the clock for the highway sanction will expire 
on December 27, 2023.
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    \1\ 86 FR 67329.
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    On November 8, 2021, CARB submitted the ``Attainment Plan Revision 
for the 1997 Annual PM2.5 Standard'' (herein referred to as 
the ``15 [micro]g/m\3\ SIP Revision'') to amend the previously 
disapproved SIP revisions and to address all CAA requirements for the 
1997 annual PM2.5 NAAQS except for contingency measures.\2\ 
On July 14, 2023, the EPA proposed approval of the relevant SIP 
revisions, including the 15 [micro]g/m\3\ SIP Revision, that address 
all the applicable requirements for the 1997 annual PM2.5 
NAAQS in the San Joaquin Valley that had been the subject of our 
November 26, 2021 final partial disapproval action, except for the 
contingency measure requirements.\3\ On December 5, 2023, the EPA 
Region IX Regional Administrator signed a final rule taking action to 
approve the SIP revisions that the EPA had proposed to approve on July 
14, 2023.
---------------------------------------------------------------------------

    \2\ 88 FR 45276, 45278-45279 (July 14, 2023).
    \3\ 88 FR 45276.
---------------------------------------------------------------------------

    Also on November 26, 2021, the EPA published a separate final rule 
to approve in part and disapprove in part portions of SIP revisions 
submitted by CARB to address CAA requirements for the 2006 24-hour 
PM2.5 NAAQS and the 2012 annual PM2.5 NAAQS in 
the San Joaquin Valley.\4\ Specifically, we approved all but the 
contingency measure element of the SIP revisions as they pertained to 
the Moderate area plan requirements for the 2012 PM2.5 
NAAQS, and we disapproved the

[[Page 87935]]

contingency measure elements for the 2006 24-hour PM2.5 
NAAQS and the 2012 annual PM2.5 NAAQS. Like our final action 
on the Serious area plan for the 1997 annual PM2.5 NAAQS, 
pursuant to section 179 of the CAA and our regulations at 40 CFR 52.31, 
our partial disapproval action started an 18-month clock for the 
application of the offset sanction and a 24-month clock for the 
application of the highway sanction, beginning on the effective date of 
our November 26, 2021 action (i.e., December 27, 2021), unless the 
State submits, and the EPA approves, a SIP revision or revisions that 
address the deficiencies that formed the basis for the disapproval 
prior to the expiration of the sanctions clocks. Application of the 
offset sanction has been in effect since June 27, 2023, and the clock 
for the highway sanction will expire on December 27, 2023.
---------------------------------------------------------------------------

    \4\ 86 FR 67343 (November 26, 2021).
---------------------------------------------------------------------------

    On June 8, 2023, CARB submitted SIP revisions (herein referred to 
as the ``SJV PM2.5 Contingency Measure SIP'' and the 
``Residential Wood Burning Contingency Measure'') addressing the 
contingency measure requirements for the 1997 annual PM2.5 
NAAQS, the 2006 24-hour PM2.5 NAAQS, and the 2012 annual 
PM2.5 NAAQS for the San Joaquin Valley. The Residential Wood 
Burning Contingency Measure would, following a triggering event, expand 
the residential wood burning curtailment restrictions if certain 
determinations are made by the EPA. On October 16, 2023, CARB 
supplemented the SJV PM2.5 Contingency Measure SIP with the 
submission of a second PM2.5 contingency measure (referred 
to herein as the ``Rural Open Areas Contingency Measure'') that would, 
following a triggering event, expand applicability of certain fugitive 
dust controls if triggered by a contingency event. In addition, on 
November 13, 2023, CARB submitted a state-wide contingency measure SIP 
revision, including provisions for PM2.5 contingency 
measures in the San Joaquin Valley (herein referred to as the ``Smog 
Check Contingency Measure'') that would, following a triggering event, 
reduce the model-year vehicle exemption in the State's vehicle 
inspection and maintenance program (referred to as the ``Smog Check'' 
program) by one year.
    In the Proposed Rules section of this issue of the Federal 
Register, we have proposed approval of the SJV PM2.5 
Contingency Measure SIP, the Residential Wood Burning Contingency 
Measure, and the Rural Open Areas Contingency Measure, and, in a 
separate rulemaking, we have proposed approval of the Smog Check 
Contingency Measure. Based on our July 14, 2023 proposed approval 
action with respect to the Serious area SIP elements for the San 
Joaquin Valley for the 1997 annual PM2.5 NAAQS (other than 
the contingency measure element), and on the proposed approval actions 
in this issue of the Federal Register with respect to the contingency 
measure SIP and related contingency measures, we are taking this final 
rulemaking action, effective upon publication, to stay application of 
the offset sanction and defer application of the highway sanction that 
were triggered by the EPA's November 26, 2021 disapprovals of the 
Serious area plan for the 1997 annual PM2.5 NAAQS, including 
the contingency measure element, and the contingency measure elements 
for the 2006 24-hour PM2.5 NAAQS and the 2012 annual 
PM2.5 NAAQS. We are doing so because we find that the 
submissions of the 15 [micro]g/m\3\ SIP Revision, the SJV 
PM2.5 Contingency Measure SIP, the Residential Wood Burning 
Contingency Measure, the Rural Open Areas Contingency Measure, and the 
Smog Check Contingency Measure correct the deficiencies that triggered 
such sanctions.
    The EPA is providing the public with an opportunity to comment on 
this stay of the offset sanction and deferral of the highway sanction. 
If comments are submitted that change our assessment, as described in 
this final determination and in our proposed approvals of the SJV 
PM2.5 Contingency Measure SIP, the Residential Wood Burning 
Contingency Measure, the Rural Open Areas Contingency Measure, and the 
Smog Check Contingency Measure, with respect to the deficiencies 
identified as the basis for our disapprovals of the contingency measure 
elements, we will take final action proposing to lift this stay of the 
offset sanction and deferral of the highway sanction under 40 CFR 
52.31. If no comments are submitted that change our assessment, then 
all sanctions and any sanction clocks triggered by our November 26, 
2021 final actions will be permanently terminated on the effective date 
of our final approvals of the SJV PM2.5 Contingency Measure 
SIP, the Residential Wood Burning Contingency Measure, the Rural Open 
Areas Contingency Measure, and the Smog Check Contingency Measure.
    All sanctions and any sanctions clocks associated with the Serious 
area SIP elements for the 1997 annual PM2.5 NAAQS for the 
San Joaquin Valley (except the contingency measures element) will be 
permanently terminated on the effective date of the final approval of 
the 15 [micro]g/m\3\ SIP Revision, which was signed by the EPA Region 
IX Regional Administrator on December 5, 2023.

II. EPA Action

    We are making an interim final determination to stay the 
application of the offset sanction and to defer the application of the 
highway sanction associated with our November 26, 2021 disapprovals of 
certain Serious area plan elements for the 1997 annual PM2.5 
NAAQS for the San Joaquin Valley (including the contingency measure 
element) and of the contingency measure elements for the 2006 24-hour 
PM2.5 NAAQS and the 2012 annual PM2.5 NAAQS for 
the San Joaquin Valley. This determination is based on our concurrent 
proposals to approve the SJV PM2.5 Contingency Measure SIP, 
the Residential Wood Burning Contingency Measure, the Rural Open Areas 
Contingency Measure, and the Smog Check Contingency Measure, and our 
July 14, 2023 proposed approval of the 15 [micro]g/m\3\ SIP Revision, 
which resolve the deficiencies that triggered sanctions under section 
179 of the CAA.
    Because the EPA has preliminarily determined that the submissions 
of the 15 [micro]g/m\3\ SIP Revision, the SJV PM2.5 
Contingency Measure SIP, the Residential Wood Burning Contingency 
Measure, the Rural Open Areas Contingency Measure, and the Smog Check 
Contingency Measure, address the deficiencies identified in the 
November 26, 2021 partial disapproval actions and are 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 an opportunity to 
comment on the EPA's determination after the effective date, and the 
EPA will consider any comments received in determining whether to 
reverse such action.
    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 submissions of the 15 
[micro]g/m\3\ SIP Revision, the SJV PM2.5 Contingency 
Measure SIP, Residential Wood Burning Contingency Measure, the Rural 
Open Areas Contingency Measure, and the Smog Check Contingency Measure 
and, through its proposed actions, is indicating that it is more likely 
than not that they correct the deficiencies that were the basis for the 
actions that started the sanctions clocks. Therefore,

[[Page 87936]]

it is not in the public interest to apply sanctions. The EPA believes 
that it is necessary to use the interim final rulemaking process to 
stay the application of the offset sanction and defer the application 
of the highway sanction while we complete our rulemaking process on the 
approvability of the CARB's submissions of SIP revisions intended to 
address the Serious area plan elements for the San Joaquin Valley for 
the 1997 annual PM2.5 NAAQS (including contingency measures) 
and the contingency measure requirements for the 2006 24-hour 
PM2.5 NAAQS and the 2012 annual PM2.5 NAAQS. 
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 document is to relieve a 
restriction (5 U.S.C. 553(d)(1)).

III. Statutory and Executive Order Reviews

    This action stays or defers application of sanctions and imposes no 
additional requirements.

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. This action stays or defers application of 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 
stays or defers application of 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 stays or defers application of 
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 stays or defers application of 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 stay of the offset sanction and the deferral of the highway 
sanction as well as the opportunity to comment on our proposed 
approvals of the submissions of the SJV PM2.5 Contingency 
Measure SIP, Residential Wood Burning Contingency Measure, the Rural 
Open Areas Contingency Measure, and the Smog Check Contingency Measure 
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 February 20, 2024. 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, Ammonia, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Particulate matter, Reporting

[[Page 87937]]

and recordkeeping requirements, Sulfur dioxide, Volatile organic 
compounds.

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

    Dated: December 12, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023-27687 Filed 12-19-23; 8:45 am]
BILLING CODE 6560-50-P
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