75234 Federal Register / Vol. 88, No. 211 / Thursday, November 2, 2023 / Rules and Regulations 

and all fair housing and equal 

opportunity requirements. The purpose 

of the plan and requirements is to 

achieve a condition in which eligible 

families of similar income levels in the 

same housing market have a like range 

of housing choices available to them 

regardless of their race, color, religion, 

sex (including actual or perceived 

sexual orientation and gender identity), 

disability, familial status, or national 

origin. 

* * * * * 

■ 8. In § 891.750, revise the introductory 

text of paragraph (b) and paragraphs 

(b)(3), (c)(1), (2), and (3)(i) to read as 

follows: 

§ 891.750 Selection and admission of 

tenants. 

* * * * * 

(b) Determination of eligibility and 

selection of tenants. The Borrower is 

responsible for determining whether 

applicants are eligible for admission and 

for the selection of families. To be 

eligible for admission, an applicant 

family must be a family that includes a 

person with a disability (that meets the 

definition of ‘‘handicapped family’’ in 

24 CFR 891.505); meet any project 

occupancy requirements approved by 

HUD; meet the disclosure and 

verification requirements for Social 

Security Numbers, as provided by 24 

CFR part 5, subpart B; and be a lowincome family, as defined in part 5, 

subpart F of this title, as modified by 24 

CFR 891.505. Under certain 

circumstances, HUD may permit the 

leasing of units (or residential space in 

a group home) to ineligible families 

under § 891.720. 

* * * * * 

(3) If the Borrower determines that an 

applicant is ineligible for admission or 

the Borrower is not selecting the 

applicant for other reasons, the 

Borrower will promptly notify the 

applicant in writing of the 

determination, the reasons for the 

determination, and that the applicant 

has a right to request a meeting to 

review the rejection, in accordance with 

HUD requirements. The review, if 

requested, may not be conducted by the 

member of the Borrower’s staff who 

made the initial decision to reject the 

applicant. The applicant may also 

exercise other rights, including filing a 

complaint with HUD’s Office of Fair 

Housing and Equal Opportunity, if the 

applicant believes the applicant is being 

discriminated against on the basis of 

race, color, religion, sex (including 

actual or perceived sexual orientation 

and gender identity), disability, familial 

status, or national origin. 

* * * * * 

(c) * * * 

(1) Regular reexaminations. If the 

family occupies an assisted unit (or 

residential space in a group home), the 

Borrower must reexamine the income 

and composition of the family at least 

every 12 months. Upon verification of 

the information, the Borrower shall 

make appropriate adjustments in the 

total tenant payment in accordance with 

§ 5.657 of this title and must adjust the 

rent. The Borrower must also request an 

appropriate adjustment to the project 

assistance payment. Further, the 

Borrower must determine whether the 

family’s unit size is still appropriate and 

must carry out any unit transfer in 

accordance with HUD standards. At the 

time of reexamination, the Borrower 

must require the family to meet the 

disclosure and verification requirements 

for Social Security Numbers, as 

provided by 24 CFR part 5, subpart B. 

For requirements regarding the signing 

and submitting of consent forms by 

families for obtaining wage and claim 

information from State Wage 

Information Collection Agencies, see 24 

CFR part 5, subpart B. 

(2) Interim reexamination. If the 

family occupies an assisted unit (or 

residential space in a group home) the 

family must comply with the provisions 

in § 5.657 of this title regarding interim 

reporting of changes in income. If the 

Borrower receives information 

concerning a change in the family’s 

income or other circumstances between 

regularly scheduled reexaminations, the 

Borrower must consult with the family 

and make any adjustments determined 

to be appropriate. See 24 CFR part 5, 

subpart B, for the requirements for the 

disclosure and verification of Social 

Security Number at interim 

reexaminations involving new 

household members. For requirements 

regarding the signing and submitting of 

consent forms by families for obtaining 

wage and claim information from State 

Wage Information Collection agencies, 

see 24 CFR part 5, subpart B. Any 

change in the family’s income or other 

circumstances that result in an 

adjustment in the total tenant payment, 

tenant rent, or project assistance 

payment must be verified. 

(3) * * * 

(i) A family occupying an assisted 

unit (or residential space in a group 

home) shall remain eligible for project 

assistance payments until the total 

tenant payment equals or exceeds the 

gross rent (or a pro rata share of the 

gross rent in a group home). The 

termination of subsidy eligibility will 

not affect the family’s other rights under 

its lease. Project assistance payments 

may be resumed if, as a result of 

changes in income, rent, or other 

relevant circumstances during the term 

of the PAC, the family meets the income 

eligibility requirements of § 5.657 of this 

title (as modified in § 891.105) and 

project assistance is available for the 

unit or residential space under the terms 

of the PAC. The family will not be 

required to establish its eligibility for 

admission to the project under the 

remaining requirements of paragraph (b) 

of this section. 

* * * * * 

Julia R. Gordon, 

Assistant Secretary for Housing—FHA 

Commissioner. 

[FR Doc. 2023–24236 Filed 11–1–23; 8:45 am] 

BILLING CODE 4210–67–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2017–0760, EPA–R09– 

OAR–2020–0476, and EPA–R09–OAR–2021– 

0176; FRL–11409–01–R9] 

Air Plan Revisions; California; 

Antelope Valley Air Quality 

Management District; Imperial County 

Air Pollution Control District; 

Correcting Amendments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendments. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

correct sections in the Code of Federal 

Regulations (CFR), erroneously caused 

by administrative oversight, to reflect 

the current status of conditional 

approval provisions in the California 

State Implementation Plan (SIP). These 

corrections concern Antelope Valley Air 

Quality Management District’s 

(AVAQMD’s) reasonably available 

control technology (RACT) SIP 

demonstration requirements for the 

1997 and 2008 8-hour ozone National 

Ambient Air Quality Standards 

(NAAQS) and Imperial County Air 

Pollution Control District’s (ICAPCD’s) 

RACT SIP demonstration requirements 

for the 2008 8-hour ozone NAAQS. 

DATES: These correcting amendments 

are effective on November 2, 2023. 

ADDRESSES: The EPA has established 

dockets for this action under Docket ID 

No. EPA–R09–OAR–2017–0760, EPA– 

R09–OAR–2020–0476, and EPA–R09– 


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Federal Register / Vol. 88, No. 211 / Thursday, November 2, 2023 / Rules and Regulations 75235 

1 83 FR 11944 (March 19, 2018). In the District’s 

commitment letter to CARB (dated 06/26/2017) and 

CARB’s forwarded letter to the EPA (dated 06/27/ 

2017), AVAQMD stated that rather than adopt a 

modification to Rule 1151 to address the RACT 

deficiency, it would adopt a new rule, Rule 1151.1, 

to correct the identified deficiency. They also stated 

their commitment to revise and correct identified 

deficiencies within Rule 1110.2. 

2 86 FR 17567 (April 5, 2021). 

3 In the District’s commitment letter to CARB 

(dated 05/08/2019) and CARB’s forwarded letter to 

the EPA (dated 05/28/2019), ICAPCD stated their 

commitment to revise and correct identified 

deficiencies within Rule 415. 

OAR–2021–0176. All documents in the 

dockets are listed on the https:// 

www.regulations.gov website. Although 

listed in the index, some information is 

not publicly available, e.g., Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available through https:// 

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 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: 

Elijah Gordon, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 972–3158 or by 

email at gordon.elijah@epa.gov. 

SUPPLEMENTARY INFORMATION: Table 1 

lists the documents addressed by this 

corrective action with the dates they 

were locally adopted, revised, or 

amended, and submitted by the 

California Air Resources Board (CARB). 

TABLE 1—RACT SIP DEMONSTRATIONS AND SIP-APPROVED RULES

Local agency Document Local action Submitted 

AVAQMD .................... AVAQMD 8-Hour Reasonably Available Control Technology— 

State Implementation Plan Analysis (RACT SIP Analysis)—1997 

8-hour Ozone NAAQS ‘‘2006 RACT SIP’’.

Adopted 09/19/2006 .................... 01/31/2007 

AVAQMD .................... AVAQMD 8-Hour Reasonably Available Control Technology— 

State Implementation Plan Analysis (2015 RACT SIP Analysis)—2008 8-hour Ozone NAAQS ‘‘2015 RACT SIP’’.

Adopted 07/21/2015 .................... 10/23/2015 

AVAQMD .................... Rule 1151.1—Motor Vehicle Assembly Coating Operations ............ Adopted 6/20/2017 ...................... 8/9/2017 

AVAQMD .................... Rule 1110.2—Emissions from Stationary, Non-Road and Portable 

Internal Combustion Engines.

Amended 09/18/2018 .................. 10/30/2018 

ICAPCD ...................... Reasonably Availability Control Technology Analysis for the 2017 

Imperial County State Implementation Plan for the 2008 8-Hr 

Ozone Standard ‘‘2017 RACT SIP’’.

Adopted 09/12/2017 .................... 11/14/2017 

ICAPCD ...................... Rule 415—Transfer and Storage of Gasoline .................................. Revised 11/03/2020 .................... 02/19/2021 

The EPA conditionally approved 

revisions to the AVAQMD portion of the 

California SIP on October 10, 2017 (82 

FR 46923). These revisions concerned 

AVAQMD’s demonstration regarding 

RACT requirements for the AVAQMD 

portion of the Western Mojave Desert 

nonattainment area for the 1997 8-hour 

ozone NAAQS, and the AVAQMD 

portion of the West Mojave Desert 

nonattainment area for the 2008 8-hour 

ozone NAAQS. In the October 10, 2017 

action, we added paragraphs (b), (b)(1), 

(b)(2), (b)(3), and (b)(4) to the 

‘‘Identification of plan—conditional 

approval’’ section of 40 CFR part 52, 

subpart F (40 CFR 52.248), addressing 

RACT demonstrations for rules deemed 

to not meet RACT requirements. 

According to 40 CFR 52.248(b), if the 

State failed to meet its commitment to 

address the identified deficiencies by 

November 9, 2018, the conditional 

approval would be treated as a 

disapproval. The State submitted SIP 

revisions addressing all identified 

deficiencies for the rules listed in 

paragraphs 40 CFR 52.248(b)(1) through 

(4) in advance of this November 9, 2018 

deadline. 

We subsequently approved the SIP 

revisions addressing the identified 

deficiencies. We finalized approval of 

Rule 1151.1 on May 24, 2018 (83 FR 

24033). In that rulemaking action, we 

evaluated Rule 1151.1 for RACT-level 

stringency, and stated in our proposal 

that Rule 1151.1 regulates activities 

covered by the CTG document ‘‘Control 

Techniques Guidelines for Automobile 

and Light-Duty Truck Assembly 

Coatings’’ (EPA–453/R–08–006, 

September 2008).1 Our approval of Rule 

1151.1 as establishing RACT for this 

CTG cured the identified deficiencies 

associated with our conditional 

approval of the portion of the District’s 

RACT SIP associated with Rule 1151 in 

40 CFR 52.248(b)(3). 

Additionally, we finalized approval of 

Rule 1110.2 on September 10, 2021 (86 

FR 50645). In that rulemaking action, 

we evaluated Rule 1110.2 for RACTlevel stringency, and stated in our 

proposal that Rule 1110.2 was 

submitted in order to address the RACT 

deficiencies identified in our previous 

conditional approval for major source 

NOX RACT.2 Our approval of Rule 

1110.2 as establishing RACT for the 

major stationary sources regulated by 

this rule cured the identified deficiency 

associated with our conditional 

approval of the portion of the District’s 

RACT SIP associated with Rule 1110.2 

in 40 CFR 52.248(b)(2). 

Due to an administrative oversight, 

our notices approving these new 

revisions neglected to remove the 

conditional approval language from 40 

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

and, consequently, 40 CFR 52.248(b). 

This action addresses this 

administrative oversight. 

Separately, the EPA conditionally 

approved a revision to the ICAPCD 

portion of the California SIP on 

February 13, 2020 (85 FR 8181). This 

revision concerned ICAPCD’s 

demonstration regarding RACT 

requirements for the 2008 8-hour ozone 

NAAQS in the Imperial County ozone 

nonattainment area. In the February 13, 

2020 action, we added paragraph (i) to 

40 CFR 52.248, addressing RACT 

demonstrations for Rule 415, and stating 

that if the State failed to meet its 

commitment to address these identified 

deficiencies by one year from the date 

of the conditional approval, the 

conditional approval would be treated 

as a disapproval.3 The State submitted 

a revised Rule 415, addressing these 

deficiencies in advance of this deadline. 

We finalized approval of the revised 

Rule 415 on September 2, 2021 (86 FR 

49248). In that rulemaking action, we 

evaluated Rule 415 for RACT-level 

stringency, and stated in our proposal 


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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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