75236 Federal Register / Vol. 88, No. 211 / Thursday, November 2, 2023 / Rules and Regulations 

4 86 FR 24835 (May 10, 2021). 

that Rule 415 regulates activities 

covered by the CTG document ‘‘Control 

of Hydrocarbons from Tank Truck 

Gasoline Loading Terminals’’ (EPA– 

450/2–77–026, October 1977).4 That 

proposal stated that Rule 415 was 

revised in response to the EPA’s 

previous conditional approval and that 

the updated version of Rule 415 

corrected the identified deficiencies. 

Therefore, our approval of Rule 415 as 

establishing RACT for this CTG cured 

the identified deficiency associated with 

our conditional approval of the portion 

of the District’s RACT SIP associated 

with Rule 415 in 40 CFR 52.248(i). Due 

to an administrative oversight, our 

notice approving Rule 415 neglected to 

remove the conditional approval 

language from 40 CFR 52.248(i). This 

action addresses this administrative 

oversight. 

For the reasons described above, this 

action corrects the regulatory text to 

reflect the current status of AVAQMD’s 

RACT SIP demonstration for the 1997 

and 2008 8-hour ozone NAAQS. The 

EPA is removing Rule 1110.2, 

‘‘Emission from Stationary, Non-road & 

Portable Internal Combustion Engines,’’ 

and Rule 1151, ‘‘Motor Vehicle and 

Mobile Equipment Coating Operations,’’ 

from the regulatory text at 40 CFR 

52.248(b)(2) and 40 CFR 52.248(b)(3), 

respectively. Consequently, AVAQMD 

has met its RACT SIP obligations for 

these 1997 and 2008 8-hour NAAQS 

and, therefore, the EPA is removing the 

prior conditional approvals for these 

RACT SIP demonstrations from the 

Code of Federal Regulations (40 CFR 

52.248(b)), leaving only the 

subsequently approved rules in the 

California SIP. This action also corrects 

the regulatory text to reflect the current 

status of ICAPCD’s RACT SIP 

demonstration for the 2008 8-hour 

ozone NAAQS. ICAPCD has met its 

RACT SIP obligations for this NAAQS 

and, therefore, the EPA will remove the 

prior conditional approval for this 

RACT SIP demonstration from the Code 

of Federal Regulations (40 CFR 

52.248(i)), leaving only the subsequently 

approved rule in the California SIP. 

The EPA has determined that this 

action falls under the ‘‘good cause’’ 

exemption in section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation where public notice 

and comment procedures are 

impracticable, unnecessary, or contrary 

to public interest. Public notice and 

comment for this action is unnecessary 

because the underlying rules and RACT 

evaluations were already subject to a 30- 

day comment period, and this action is 

merely making administrative changes 

and updating the regulatory text 

accordingly. Further, this action is 

consistent with the purpose and 

rationale of the final rules. Because this 

action does not change the EPA’s 

analyses or overall actions, no purpose 

would be served by additional public 

notice and comment. Consequently, 

additional public notice and comment 

are unnecessary. 

The EPA also finds that there is good 

cause under APA section 553(d)(3) for 

these amendments to become effective 

on the date of publication of this action. 

Section 553(d)(3) of the APA allows an 

effective date of less than 30 days after 

publication ‘‘as otherwise provided by 

the agency for good cause found and 

published with the rule.’’ 5 U.S.C. 

553(d)(3). The purpose of the 30-day 

waiting period prescribed in APA 

section 553(d)(3) is to give affected 

parties a reasonable time to adjust their 

behavior and prepare before the final 

rule takes effect. This rule does not 

create any new regulatory requirements 

such that affected parties would need 

time to prepare before the rule takes 

effect. This action merely corrects 

incomplete amendatory instructions in 

previous rulemakings. For these 

reasons, the EPA finds good cause under 

APA section 553(d)(3) for these changes 

to become effective on the date of 

publication of this action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: October 19, 2023. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart F—California 

§ 52.248 [Amended] 

■ 2. Section 52.248 is amended by 

removing and reserving paragraphs (b) 

and (i). 

[FR Doc. 2023–23740 Filed 11–1–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2023–0479; FRL–11425– 

02–R9] 

Determination To Defer Sanctions; 

California; California Air Resources 

Board 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Interim final determination. 

SUMMARY: The Environmental Protection 

Agency (EPA) is making an interim final 

determination that the California Air 

Resources Board (CARB) has submitted 

a rule and other materials that correct 

deficiencies in its Clean Air Act (CAA 

or ‘‘Act’’) state implementation plan 

(SIP) provisions concerning emissions 

of volatile organic compounds (VOCs) 

from vapor recovery systems of gasoline 

cargo tanks. This determination is based 

on a proposed approval, published 

elsewhere in this Federal Register, of 

CARB’s California Code of Regulations, 

Title 17, Division 3, Chapter 1, 

Subchapter 8, Article 1, Section 94014 

(‘‘Section 94014’’) which regulates this 

source category. The effect of this 

interim final determination is that the 

imposition of sanctions that were 

triggered by a previous limited 

disapproval by the EPA in 2022 is now 

deferred. If the EPA finalizes its 

approval of CARB’s submission, relief 

from these sanctions will become 

permanent. 

DATES: This interim final determination 

is effective November 2, 2023. However, 

comments will be accepted on or before 

December 4, 2023. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2023–0479 at https://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. The EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 


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Federal Register / Vol. 88, No. 211 / Thursday, November 2, 2023 / Rules and Regulations 75237 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. If you need 

assistance in a language other than 

English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: La 

Kenya Evans-Hopper, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 942–3245 or by 

email at evanshopper.lakenya@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Background 

II. The EPA’s Evaluation and Action 

III. Statutory and Executive Order Reviews 

I. Background 

On April 5, 2022 (87 FR 19631), the 

EPA issued a final limited approval and 

limited disapproval action for the CARB 

rule listed in Table 1 that was submitted 

to the EPA for inclusion into the 

California SIP. The action addressed the 

procedures CARB uses to certify vapor 

recovery systems on cargo tank trucks 

used to transport gasoline from bulk 

terminals to gasoline dispensing 

facilities. 

TABLE 1—CARB RULE WITH PREVIOUS EPA ACTION

Regulation or provision Regulation title or subject Amended Submitted EPA action in 2022 

California Code of Regulations, Title 

17, Division 3, Chapter 1, Subchapter 8, Article 1, Section 94014.

Certification of Vapor Recovery 

Systems for Cargo Tanks.

07/25/2013 .... 08/22/2018 Limited Approval and Limited Disapproval. 

In the April 5, 2022 final rule, we 

determined that although the CARB 

regulation strengthened the SIP and was 

largely consistent with the requirements 

of the CAA, the submitted rule included 

a deficiency that precluded our full 

approval of the rule into the SIP. 

CARB’s previously submitted Section 

94014 incorporated by reference 

Certification Procedure CP–204 (‘‘CP– 

204’’) that allowed for CARB’s Executive 

Officer to approve alternate test 

procedures without EPA approval. The 

EPA found that this provision was an 

instance of unbounded director’s 

discretion. Pursuant to section 179 of 

the CAA and our regulations at 40 CFR 

52, the disapproval action on CP–204 

under title I, part D started a sanctions 

clock for imposition of offset sanctions 

18 months after the action’s effective 

date of November 5, 2023, and highway 

sanctions 6 months later. 

On July 12, 2023, the CARB revised 

Section 94014 and CP–204, and on 

September 13, 2023, submitted it to the 

EPA for approval into the California SIP 

as shown in Table 2 below. 

Regulation or provision Regulation title or subject Amended Submitted 

California Code of Regulations, Title 17, Division 3, Chapter 

1, Subchapter 8, Article 1, Section 94014, excluding subsections (a)–(d).

Certification of Vapor Recovery Systems for Cargo Tanks.

1 07/12/23 09/13/23 

Certification Procedure CP–204 ............................................. Certification Procedure for Vapor Recovery Systems of Cargo Tanks.07/12/23 09/13/23 

1The California Air Resources Board amended the introductory paragraph of 17 California Code of Regulations Section 94014 on July 12, 

2023, and the changed was filed with Thomson Reuters Westlaw on August 29, 2023. Therefore, the amendment for Section 94014 will be recorded as July 12, 2023. 

On September 25, 2023, the Submittal 

was determined to meet the 

completeness criteria in 40 CFR part 51 

Appendix V, which must be met before 

formal EPA review. 

The revised CARB section 94014 and 

CP–204 in Table 2 is intended to 

address the disapproval issues in our 

April 5, 2022 final rule. Based on this 

proposed action approving Section 

94014 and CP–204 into the California 

SIP, we are also making this interim 

final determination, effective on 

publication, to defer imposition of the 

offset sanctions and highway sanctions 

that were triggered by our final action 

on April 5, 2022, because we believe 

that the submittal corrects the 

deficiencies that triggered such 

sanctions. 

The EPA is providing the public with 

an opportunity to comment on this 

deferral of sanctions. If comments are 

submitted that change our assessment 

described in this interim final 

determination and the proposed 

approval of CARB Section 94014 and 

CP–204, we would take final action to 

lift this deferral of sanctions under 40 

CFR 52.31. If no comments are 

submitted that change our assessment, 

then all sanctions and any sanction 

clocks triggered by our final action on 

April 5, 2022, would be permanently 

terminated on the effective date of our 

final approval of Section 94014 and CP– 

204. 

II. The EPA’s Evaluation and Action 

We are making an interim final 

determination to defer CAA section 179 

sanctions associated with our limited 

disapproval action on April 5, 2022, of 

CARB’s section 94014 with respect to 

the requirements of part D of title I of 

the CAA. This determination is based 

on our concurrent proposal to fully 

approve CARB Section 94014 which 

resolves the deficiencies that triggered 

sanctions under section 179 of the CAA. 

Because the EPA has preliminarily 

determined that CARB Section 94014 

and CP–204, amended on July 12, 2023, 

address the limited disapproval issues 

under part D of title I of the CAA 

identified in our 2022 final action and 


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75238 Federal Register / Vol. 88, No. 211 / Thursday, November 2, 2023 / Rules and Regulations 

the amended rule is now fully 

approvable, relief from sanctions should 

be provided as quickly as possible. 

Therefore, the EPA is invoking the good 

cause exception under the 

Administrative Procedure Act (APA) in 

not providing an opportunity for 

comment before this action takes effect 

(5 U.S.C. 553(b)(3)). However, by this 

action, the EPA is providing the public 

with a chance to comment on the EPA’s 

determination after the effective date, 

and the EPA will consider any 

comments received in determining 

whether to reverse such action. 

The EPA believes that notice-andcomment rulemaking before the 

effective date of this action is 

impracticable and contrary to the public 

interest. The EPA has reviewed the 

State’s submittal and, through its 

proposed action, is indicating that it is 

more likely than not that the State has 

submitted a revision to the SIP that 

corrects deficiencies under part D of the 

Act that were the basis for the action 

that started the sanctions clocks. 

Therefore, it is not in the public interest 

to impose sanctions. The EPA believes 

that it is necessary to use the interim 

final rulemaking process to defer 

sanctions while the EPA completes its 

rulemaking process on the approvability 

of the State’s submittal. Moreover, with 

respect to the effective date of this 

action, the EPA is invoking the good 

cause exception to the 30-day notice 

requirement of the APA because the 

purpose of this notice is to relieve a 

restriction (5 U.S.C. 553(d)(1)). 

III. Statutory and Executive Order 

Reviews 

This action defers sanctions and 

imposes no additional requirements. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on Tribal 

Governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. The EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ The EPA 

further defines the term fair treatment to 

mean that ‘‘no group of people should 

bear a disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The State did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. The EPA did not perform an 

EJ analysis and did not consider EJ in 

this action. Consideration of EJ is not 

required as part of this action, and there 

is no information in the record 

inconsistent with the stated goal of E.O. 

12898 of achieving environmental 

justice for people of color, low-income 

populations, and Indigenous peoples. 

This action is subject to the 

Congressional Review Act, and the EPA 

will submit a rule report to each House 

of the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by January 2, 2024. Filing a 

petition for reconsideration by the EPA 

Administrator of this final rule does not 

affect the finality of this rule for the 

purpose of judicial review nor does it 

extend the time within which petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements (see CAA 

section 307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: October 19, 2023. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2023–23608 Filed 11–1–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 230523–0136; RTID 0648– 

XD467] 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 2023 

Tribal Fishery Allocations for Pacific 

Whiting; Reapportionment Between 

Tribal and Non-Tribal Sectors 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Inseason reapportionment of 

tribal Pacific whiting allocation. 

SUMMARY: This document announces the 

reapportionment of 45,000 metric tons 

of Pacific whiting from the tribal 

allocation to the non-tribal commercial 

fishery sectors via automatic action on 

September 27, 2023. This 


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