Determination To Defer Sanctions; California; South Coast Air Quality Management District, 16698-16700 [2024-04921]
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16698
Federal Register / Vol. 89, No. 47 / Friday, March 8, 2024 / Rules and Regulations
Executive order. Therefore, no
federalism assessment is required.
Review Under the Unfunded Mandates
Reform Act (Sec. 202, Pub. L. 104–4; 2
U.S.C. 1532)
Review under the Unfunded
Mandates Reform Act requires that
agencies determine whether any Federal
mandate in the rulemaking may result
in state, local, and tribal governments,
in the aggregate, or the private sector,
expending $100 million in any one year.
NARA certifies that this rule does not
contain a Federal mandate that may
result in such an expenditure, and this
rule is therefore not subject to this
requirement.
List of Subjects in 36 CFR Part 1202
Privacy.
For the reasons stated in the
preamble, NARA amends 36 CFR part
1202 as follows:
PART 1202—REGULATIONS
IMPLEMENTING THE PRIVACY ACT OF
1974
1. The authority citation for part 1202
continues to read as follows:
■
Authority: 5 U.S.C. 552a; 44 U.S.C.
2104(a).
■
2. Revise § 1202.40 to read as follows:
lotter on DSK11XQN23PROD with RULES1
§ 1202.40 How can I gain access to NARA
records about myself?
(a) If you wish to request access to
information about yourself contained in
a NARA Privacy Act system of records,
you may do so in writing or
electronically.
(1) Written requests must be directed
to the NARA Privacy Act Officer,
National Archives and Records
Administration, Rm. 3110, 8601
Adelphi Rd., College Park, MD 20740–
6001. Your request should be clearly
marked on the letter and the envelope
as a ‘‘Privacy Act Request.’’
(2) Electronic requests may be
initiated online at https://
www.archives.gov/privacy.
(b) If you wish to allow another
person to review or obtain a copy of
your record, you must provide
authorization in writing or
electronically for that person to obtain
access as part of your request.
(c) Your request must contain:
(1) The complete name and
identifying number of the NARA system
as published in the Federal Register;
(2) A brief description of the nature,
time, place, and circumstances of your
association with NARA;
(3) Any other information which you
believe would help NARA to determine
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16:02 Mar 07, 2024
Jkt 262001
whether the information about you is
included in the system of records;
(4) If you are authorizing another
individual to have access to your
records, the name of that person; and
(5) A Privacy Act certification of
identity. When you make a request for
access to records about yourself, you
must verify your identity.
(i) If you are submitting a written
request, you must sign your request and
your signature must either be notarized
or submitted by you under 28 U.S.C.
1746, a law that permits statements to
be made under penalty of perjury as a
substitute for notarization. While no
specific form is required, you may
obtain a Certification of Identity form
for this purpose from the NARA Privacy
Act Officer. The following information
is required:
(A) Your full name;
(B) An acknowledgment that you
understand the criminal penalty in the
Privacy Act for requesting or obtaining
access to records under false pretenses
(5 U.S.C. 552a(i)(3)); and
(C) A declaration that your statement
is true and correct under penalty of
perjury (18 U.S.C. 1001).
(ii) If you are submitting an electronic
request, you must provide an
electronically signed statement on the
electronic form. The statement affirms
your identity and the fact that you
understand penalties associated with
requesting information under false
pretenses.
(d) The procedure for accessing an
accounting of disclosure is identical to
the procedure for access to a record as
set forth in this section.
Colleen J. Shogan,
Archivist of the United States.
[FR Doc. 2024–04939 Filed 3–7–24; 8:45 am]
BILLING CODE 7515–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2023–0568; FRL–11558–
03–R9]
Determination To Defer Sanctions;
California; South Coast Air Quality
Management District
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 revised rule on behalf of the South
SUMMARY:
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Fmt 4700
Sfmt 4700
Coast Air Quality Management District
(SCAQMD) that corrects deficiencies in
its Clean Air Act (CAA or Act) state
implementation plan (SIP) provisions
concerning ozone nonattainment
requirements for controlling volatile
organic compounds (VOCs) and oxides
of nitrogen (NOX) from refinery flares.
This determination is based on a
proposed approval, published elsewhere
in this Federal Register, of SCAQMD
Rule 1118 regulating that source
category. The effect of this interim final
determination is that the imposition of
sanctions that were triggered by a
previous disapproval by the EPA in
2022 is now deferred. If the EPA
finalizes its approval of SCAQMD’s
submission, relief from these sanctions
will become permanent.
DATES: This rule is effective on March 8,
2024. However, comments will be
accepted on or before April 8, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2023–0568 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)
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:
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.
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Federal Register / Vol. 89, No. 47 / Friday, March 8, 2024 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
action would be permanently
terminated on the effective date of our
final approval of Rule 1118.
Table of Contents
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 on the 2018 submittal of
Rule 1118. This determination is based
on our concurrent proposal to approve
the 2023 submittal of Rule 1118, which
resolves the deficiency that triggered
sanctions under section 179 of the CAA.
Because the EPA has preliminarily
determined that new version of Rule
1118 is fully approvable, relief from
sanctions should be provided as quickly
as possible. Therefore, the EPA is
invoking the good cause exception
under the Administrative Procedure Act
(APA) in not providing an opportunity
for comment before this action takes
effect (5 U.S.C. 553(b)(3)). However, by
this action, the EPA is providing the
public with a chance to comment on the
EPA’s determination after the effective
date, and the EPA will consider any
comments received in determining
whether to reverse such action.
The EPA believes that notice-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)).
lotter on DSK11XQN23PROD with RULES1
I. Background
II. The EPA’s Evaluation and Action
III. Statutory and Executive Order Reviews
I. Background
On September 22, 2022, (87 FR
57838), the EPA issued a final limited
approval and limited disapproval for the
SCAQMD Rule 1118 that had been
submitted by CARB to the EPA on
February 16, 2018. In our 2022 action,
we determined that while the SCAQMD
SIP revision submittal strengthened the
SIP, Section (j) of Rule 1118 allowed the
Executive Officer the authority to
approve another test method than those
identified in the rule and 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.
Pursuant to section 179 of the CAA and
our regulations at 40 CFR 52.31, this
limited disapproval action under title I,
part D started a sanctions clock for
imposition of offset sanctions 18 months
after the action’s effective date of
October 22, 2023, and highway
sanctions 6 months later.
The District submitted an amended
Rule 1118 (amended January 6, 2023),
which was transmitted by CARB to the
EPA on May 11, 2023, that added
California Air Resources Board and the
EPA as approvers of other test methods.
In the Proposed Rules section of this
Federal Register, we have proposed
approval of SCAQMD’s 2023 submittal
of Rule 1118. Based on this proposed
approval action, we are also taking this
interim final determination, effective on
publication, to defer imposition of the
offset sanctions and highway sanctions
that were triggered by our 2022 limited
disapproval of Rule 1118, because we
believe that the new version corrects the
deficiency 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 full
approval of Rule 1118, 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 2022
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16:02 Mar 07, 2024
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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
PO 00000
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Fmt 4700
Sfmt 4700
16699
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;
and
• Does not provide the EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
• 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).
• Is subject to the Congressional
Review Act (CRA), 5 U.S.C. 801 et seq.,
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 rule
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
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16700
Federal Register / Vol. 89, No. 47 / Friday, March 8, 2024 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
circuit by May 7, 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
VerDate Sep<11>2014
16:02 Mar 07, 2024
Jkt 262001
be challenged later in proceedings to
enforce its requirements (see CAA
section 307(b)(2)).
nitrogen, Ozone, Volatile organic
compounds, Reporting and
recordkeeping requirements.
List of Subjects in 40 CFR Part 52
Dated: February 29, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Oxides of
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Fmt 4700
Sfmt 9990
[FR Doc. 2024–04921 Filed 3–7–24; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\08MRR1.SGM
08MRR1
Agencies
[Federal Register Volume 89, Number 47 (Friday, March 8, 2024)]
[Rules and Regulations]
[Pages 16698-16700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04921]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2023-0568; FRL-11558-03-R9]
Determination To Defer Sanctions; California; South Coast Air
Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final determination.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is making an interim
final determination that the California Air Resources Board (CARB) has
submitted a revised rule on behalf of the South Coast Air Quality
Management District (SCAQMD) that corrects deficiencies in its Clean
Air Act (CAA or Act) state implementation plan (SIP) provisions
concerning ozone nonattainment requirements for controlling volatile
organic compounds (VOCs) and oxides of nitrogen (NOX) from
refinery flares. This determination is based on a proposed approval,
published elsewhere in this Federal Register, of SCAQMD Rule 1118
regulating that source category. The effect of this interim final
determination is that the imposition of sanctions that were triggered
by a previous disapproval by the EPA in 2022 is now deferred. If the
EPA finalizes its approval of SCAQMD's submission, relief from these
sanctions will become permanent.
DATES: This rule is effective on March 8, 2024. However, comments will
be accepted on or before April 8, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2023-0568 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) 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: Donnique Sherman, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4129 or by
email at [email protected].
[[Page 16699]]
SUPPLEMENTARY INFORMATION: Throughout this document, ``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 September 22, 2022, (87 FR 57838), the EPA issued a final
limited approval and limited disapproval for the SCAQMD Rule 1118 that
had been submitted by CARB to the EPA on February 16, 2018. In our 2022
action, we determined that while the SCAQMD SIP revision submittal
strengthened the SIP, Section (j) of Rule 1118 allowed the Executive
Officer the authority to approve another test method than those
identified in the rule and 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. Pursuant to section 179 of the CAA and
our regulations at 40 CFR 52.31, this limited disapproval action under
title I, part D started a sanctions clock for imposition of offset
sanctions 18 months after the action's effective date of October 22,
2023, and highway sanctions 6 months later.
The District submitted an amended Rule 1118 (amended January 6,
2023), which was transmitted by CARB to the EPA on May 11, 2023, that
added California Air Resources Board and the EPA as approvers of other
test methods. In the Proposed Rules section of this Federal Register,
we have proposed approval of SCAQMD's 2023 submittal of Rule 1118.
Based on this proposed approval action, we are also taking this interim
final determination, effective on publication, to defer imposition of
the offset sanctions and highway sanctions that were triggered by our
2022 limited disapproval of Rule 1118, because we believe that the new
version corrects the deficiency 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 full approval of Rule 1118, 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 2022 action would be permanently
terminated on the effective date of our final approval of Rule 1118.
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 on the 2018
submittal of Rule 1118. This determination is based on our concurrent
proposal to approve the 2023 submittal of Rule 1118, which resolves the
deficiency that triggered sanctions under section 179 of the CAA.
Because the EPA has preliminarily determined that new version of
Rule 1118 is fully approvable, relief from sanctions should be provided
as quickly as possible. Therefore, the EPA is invoking the good cause
exception under the Administrative Procedure Act (APA) in not providing
an opportunity for comment before this action takes effect (5 U.S.C.
553(b)(3)). However, by this action, the EPA is providing the public
with a chance to comment on the EPA's determination after the effective
date, and the EPA will consider any comments received in determining
whether to reverse such action.
The EPA believes that notice-and-comment rulemaking before the
effective date of this action is impracticable and contrary to the
public interest. The EPA has reviewed the 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; and
Does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
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).
Is subject to the Congressional Review Act (CRA), 5 U.S.C.
801 et seq., 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 rule 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
[[Page 16700]]
circuit by May 7, 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, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Oxides of
nitrogen, Ozone, Volatile organic compounds, Reporting and
recordkeeping requirements.
Dated: February 29, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-04921 Filed 3-7-24; 8:45 am]
BILLING CODE 6560-50-P