29048 Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Rules and Regulations 

1 85 FR 57727. 

TABLE 2—EPA-APPROVED OREGON ADMINISTRATIVE RULES (OAR) 1—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanations 

Division 210—Stationary Source Notification Requirements 

*******

Notice of Construction and Approval of Plans 

*******

210–0230 ....................... Notice to Construct ........................... 9/21/2020 5/12/2022, [INSERT Federal 

Register CITATION].

210–0240 ....................... Construction Approval ...................... 9/21/2020 5/12/2022, [INSERT Federal 

Register CITATION].

* * * * * * * 

Division 216—Air Contaminant Discharge Permits 

*******

216–8010 ....................... Table 1—Activities and Sources ...... 9/21/2020 5/12/2022, [INSERT Federal 

Register CITATION].

* * * * * * * 

1The EPA approves the requirements in Table 2 of this paragraph (c) only to the extent they apply to (1) pollutants for which NAAQS have 

been established (criteria pollutants) and precursors to those criteria pollutants as determined by the EPA for the applicable geographic area; 

and (2) any additional pollutants that are required to be regulated under Part C of Title I of the CAA, but only for the purposes of meeting or 

avoiding the requirements of Part C of Title I of the CAA. 

* * * * * 

[FR Doc. 2022–09977 Filed 5–11–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2022–0306; FRL–9713–02– 

R9] 

Determination To Defer Sanctions; 

California; San Diego County Air 

Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Interim final determination. 

SUMMARY: The Environmental Protection 

Agency (EPA) is making an interim final 

determination that the State of 

California has submitted rules that 

satisfy the requirements of part D of the 

Clean Air Act (CAA or ‘‘Act’’) 

permitting program for areas under the 

jurisdiction of the San Diego County Air 

Pollution Control District (SDAPCD or 

‘‘District’’). This determination is based 

on a proposed approval, published 

elsewhere in this Federal Register, of 

District rules addressing these 

requirements. The effect of this interim 

final determination is to defer the 

imposition of sanctions that were 

triggered by a previous EPA action that 

included a limited disapproval of the 

District’s rules. 

DATES: This interim final determination 

is effective on May 12, 2022. However, 

comments will be accepted until June 

13, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2022–0306 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: 

Laura Yannayon, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105; by phone: (415) 972–3534, or by 

email to yannayon.laura@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 September 16, 2020, the EPA 

issued a final action addressing 

revisions to the SDAPCD portion of the 

California State Implementation Plan 

(SIP) (‘‘2020 NSR Action’’).1 The 2020 

NSR Action addressed the District’s 

permitting program for the issuance of 

New Source Review (NSR) permits for 

stationary sources, including review and 

permitting of major and minor sources 

under the Act. In the 2020 NSR Action, 

we determined that while the District’s 

SIP revision submittal strengthened the 

California SIP, the submittal did not 

fully meet the requirements for NSR 

permitting programs under the CAA. 


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Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Rules and Regulations 29049 

Accordingly, the 2020 NSR Action 

included a limited disapproval under 

title I, part D, of the Act, relating to 

requirements for nonattainment areas. 

Pursuant to section 179 of the CAA and 

our regulations at 40 CFR 52.31, this 

limited disapproval action started a 

sanctions clock for imposition of offset 

sanctions 18 months after the action’s 

effective date of October 16, 2020, and 

highway sanctions 6 months later. 

On October 14, 2021, the District 

revised its NSR permitting program 

rules and on February 2, 2022, the State 

submitted three revised NSR permitting 

rules to the EPA for approval into the 

San Diego County portion of the 

California SIP (‘‘2022 NSR Submittal’’), 

including revisions to one rule intended 

to address the limited disapproval issue 

identified in the 2020 NSR Action. In 

the Proposed Rules section of this 

Federal Register, we have proposed 

approval of the District’s 2022 NSR 

submittal. Based on this proposed 

approval action, we are also taking this 

final rulemaking action, effective upon 

publication, to defer imposition of the 

offset sanctions and highway sanctions 

that were triggered by the 2020 NSR 

Action’s limited disapproval of the 

District’s NSR permitting program, 

because we believe that the 2022 NSR 

Submittal corrects the deficiency that 

triggered these 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, 

as described in this final determination 

and in our proposed full approval of the 

District’s 2022 NSR Submittal, with 

respect to the deficiency identified as 

the basis for our limited disapproval in 

the 2020 NSR Action, we will take final 

action proposing 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 2020 

NSR Action will be permanently 

terminated on the effective date of our 

final approval of the 2022 NSR 

Submittal. 

II. EPA Action 

We are making an interim final 

determination to defer CAA section 179 

sanctions associated with our 

September 16, 2020 limited disapproval 

of the District’s NSR permitting 

program. This determination is based on 

our concurrent proposal to fully 

approve the District’s 2022 NSR 

submittal, which resolves the deficiency 

that triggered sanctions under section 

179 of the CAA. 

Because the EPA has preliminarily 

determined that the District’s 2022 NSR 

Submittal addresses the deficiency 

identified in the 2020 NSR Action and 

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 

District’s submittal and, through its 

proposed action, is indicating that it is 

more likely than not that it corrects the 

deficiencies 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 we complete our 

rulemaking process on the approvability 

of the District’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). 

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 rules do 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). 

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 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 July 11, 2022. 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, 


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29050 Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Rules and Regulations 

Air pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur dioxide, Volatile 

organic compounds. 

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

Dated: April 29, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2022–09742 Filed 5–11–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2021–0632; FRL–9800–01– 

OCSPP] 

Complex Polymeric Polyhydroxy Acid 

(CPPA); Exemption From the 

Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation amends an 

exemption from the requirement of a 

tolerance for residues of complex 

polymeric polyhydroxy acid (CPPA) by 

establishing use in or on all food 

commodities when used, in accordance 

with label directions and good 

agricultural practices. This regulation 

eliminates the need to establish a 

maximum permissible level for residues 

of CPPA. 

DATES: This regulation is effective May 

12, 2022. Objections and requests for 

hearings must be received on or before 

July 11, 2022 and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2021–0632, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room and OPP Docket 

is (202) 566–1744. Due to the public 

health concerns related to COVID–19, 

the EPA Docket Center (EPA/DC) and 

Reading Room is open to visitors by 

appointment only. For the latest status 

information on EPA/DC services and 

access, visit https://www.epa.gov/ 

dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; main telephone number: 

(703) 305–7090; email address: 

BPPDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Office of the Federal 

Register’s e-CFR site at https://

www.ecfr.gov/current/title-40. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a(g), any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2021–0632 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing and must be received 

by the Hearing Clerk on or before July 

11, 2022. Addresses for mail and hand 

delivery of objections and hearing 

requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2021–0632, by one of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be CBI 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at https://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at https:// 

www.epa.gov/dockets. 

II. Background and Statutory Findings 

In the Federal Register of November 

23, 2021 (86 FR 66512) (FRL–8792–05– 

OCSPP), EPA issued a document 

pursuant to FFDCA section 408(d)(3), 21 

U.S.C. 346a(d)(3), announcing the filing 

of two pesticide tolerance petitions (PP 

1F8918 and 1F8928) by FBSciences, 

Inc., 153 N. Main St. Ste 100, 

Collierville, TN 38017. The petitions 

requested that the existing exemption 

from the requirement of a tolerance at 

40 CFR 180.1321 for residues of 

complex polymeric polyhydroxy acids 

(CPPA) be amended by adding uses as 

a fungicide and insecticide in 

accordance with label directions and 

good agricultural practices. Those 

documents referenced summaries of the 

petitions prepared by the petitioner, 

FBSciences, Inc, which are available in 

the docket, https://www.regulations.gov. 

There were no comments received in 

response to the notice of filing. 

III. Aggregate Risk Assessment and 

Determination of Safety 

Section 408(c)(2)(A)(i) of FFDCA 

allows EPA to establish an exemption 

from the requirement for a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the exemption is ‘‘safe.’’ 

Section 408(c)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 


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