[Federal Register Volume 87, Number 238 (Tuesday, December 13, 2022)]
[Rules and Regulations]
[Pages 76107-76109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26764]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0795; FRL-10217-02-R9]


Determination To Defer Sanctions; California; Yolo-Solano Air 
Quality Management 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 California Air Resources Board has 
submitted a revised rule on behalf of the Yolo-Solano Air Quality 
Management District (YSAQMD) that corrects a deficiency in its Clean 
Air Act (CAA or Act) State implementation plan (SIP) provisions 
concerning reasonably available control technology (RACT) ozone 
nonattainment requirements for controlling emissions of volatile 
organic compounds (VOC) from solvent cleaning and degreasing 
operations. This determination is based on a proposed approval, 
published elsewhere in this issue of the Federal Register, of YSAQMD's 
Rule 2.31, which regulates this source category. The effect of this 
interim final determination is that the imposition of sanctions that 
was triggered by a prior disapproval by the EPA, is now deferred. If 
the EPA finalizes its approval of YSAQMD 's submission, relief from 
these sanctions will become permanent.

DATES: This interim final determination is effective on December 13, 
2022. However, comments must be received on or before January 12, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0795 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

[[Page 76108]]

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://www2.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: Arnold Lazarus, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3024 or by 
email at [email protected].

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 July 30, 2021 (86 FR 40959), the EPA issued a rule promulgating 
a limited approval and limited disapproval for the YSAQMD rule listed 
in Table 1 that was submitted by the California Air Resources Board 
(CARB) to the EPA for inclusion into the California SIP.

                                 Table 1--District Rule With Previous EPA Action
----------------------------------------------------------------------------------------------------------------
             Rule No.                     Rule title           Revised        Submitted      EPA action in 2021
----------------------------------------------------------------------------------------------------------------
2.31..............................  Solvent Cleaning and        11/2/2016      06/22/2017  Limited Approval and
                                     Degreasing.                                            Limited Disapproval.
----------------------------------------------------------------------------------------------------------------

    Areas classified as Moderate nonattainment for an ozone standard 
must implement reasonably available control technology (RACT) for each 
category of sources covered by a Control Techniques Guidelines (CTG) 
document as well as each major source of VOCs in ozone nonattainment 
areas classified as Moderate or above (see CAA section 182(b)(2)). The 
YSAQMD area is classified as Severe nonattainment for the 2008 ozone 
national ambient air quality standard (NAAQS) and Moderate 
nonattainment for the 2015 ozone NAAQS.
    In the 2021 final rule, we determined that the submitted YSAQMD 
rule included a deficiency that precluded our full approval of the rule 
into the SIP. YSAQMD's previously submitted Rule 2.31 exempted solvent 
degreasing operations subject to the National Emission Standards for 
Hazardous Air Pollutants (NESHAP) requirements of 40 CFR part 63 
Subpart T--National Emission Standards for Halogenated Solvent Cleaning 
from the control requirements under the rule, which we found did not 
satisfy SIP requirements under CAA section 182(b)(2) because the RACT 
requirements for sources subject to the NESHAP requirements of 40 CFR 
Subpart T are not included in the SIP. Pursuant to section 179 of the 
CAA and our regulations at 40 CFR 52.31, the disapproval action on Rule 
2.31 under title I, part D started a sanctions clock for imposition of 
offset sanctions 18 months after the action's effective date of August 
30, 2021, and highway sanctions 6 months later.
    On July 14, 2021, the YSAQMD revised Rule 2.31, and on July 18, 
2022, CARB submitted the SIP revision to the EPA for approval into the 
California SIP as shown in Table 2 below.

                                             Table 2--Submitted Rule
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                  Rule No.                                Rule title                  Revised        Submitted
----------------------------------------------------------------------------------------------------------------
2.31.......................................  Solvent Cleaning and Degreasing....      07/14/2021      07/18/2022
----------------------------------------------------------------------------------------------------------------

    On September 30, 2022, the submittal for YSAQMD Rule 2.31 was 
determined to meet the completeness criteria in 40 CFR part 51 Appendix 
V, which must be met before formal EPA review.
    The revised YSAQMD Rule 2.31 in Table 2 is intended to address the 
disapproval issues in our 2021 final rule. In the Proposed Rules 
section of this Federal Register, we have proposed approval of the 
revised YSAQMD Rule 2.31. Based on this proposed action approving Rule 
2.31 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 2021 
final action on Rule 2.31, 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 full approval of YSAQMD Rule 2.31, 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 2021 final action would be permanently 
terminated on the effective date of our final approval of Rule 2.31.

II. The EPA's Evaluation and Action

    We are making an interim final determination to defer the 
imposition of sanctions under CAA section 179 associated with our 
disapproval action on July 30, 2021, of YSAQMD's Rule 2.31 with respect 
to the requirements of part D of title I of the CAA. This determination 
is based on our concurrent proposed approval of Rule 2.31 which 
resolves the deficiency that triggered sanctions under section 179 of 
the CAA.
    Because the EPA has preliminarily determined that YSAQMD's Rule 
2.31 addresses the limited disapproval issue under part D of title I of 
the CAA identified in our 2021 final action and the rule is now fully 
approvable, relief

[[Page 76109]]

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 Administrative Procedures Act 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
     The State did not evaluate environmental justice 
considerations as part of its SIP submittal. There is no information in 
the record inconsistent with the stated goals of E.O 12898 of achieving 
environmental justice for people of color, low-income populations, and 
indigenous peoples.
     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 circuit by February 13, 2023. 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, Nitrogen 
oxides, Ozone, Particulate matter, Reporting and recordkeeping 
requirements.

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

    Dated: December 4, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-26764 Filed 12-12-22; 8:45 am]
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