33650 Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Rules and Regulations 

43°01′39.6′′ N, 078°53′07.5′′ W, from 

9:15 p.m. through 10:15 p.m. on July 4, 

2022. 

vi. Tom Graves Memorial Fireworks, 

Port Bay, NY: The safety zone listed in 

(b)(27) will be enforced on all waters of 

Port Bay, NY, within a 840 foot radius 

of the barge located in position 

43°17′52.4′′ N, 076°49′55.7′′ W, from 

9:45 p.m. through 10:45 p.m. on July 3, 

2022. 

vii. Hamburg Beach Blast, Hamburg, 

NY: The safety zone listed in (b)(33) will 

be enforced on all waters of Lake Erie 

contained within a 280 foot radius of 

42°45′59.21′′ N, 078°52′41.51′′ W, from 

9:15 p.m. through 10:45 p.m. on July 30, 

2022. 

viii. Thunder on the Niagara 

Hydroplane Boat Races, Tonawanda, 

NY: The safety zone listed in (c)(4) will 

be enforced on all U.S. waters of the 

Niagara River near the North Grand 

Island Bridge, encompassed by a line 

starting at 43°03′32.9′′ N, 078°54′46.9′′ 

W to 43°03′14.6′′ N, 078°55′16.0′′ W then 

to 43°02′39.7′′ N, 078°54′13.1′′ W then to 

43°02′59.9′′ N, 078°53′42.0′′ W and 

returning to the point of origin from 

8:15 a.m. August 6, 2022 through 8:45 

a.m. on August 7, 2022. 

Pursuant to 33 CFR 165.23, entry into, 

transiting, or anchoring within these 

safety zones during an enforcement 

period is prohibited unless authorized 

by the Captain of the Port Buffalo or his 

designated representative; designation 

need not be in writing. Those seeking 

permission to enter these safety zones 

may request permission from the 

Captain of the Port Buffalo via channel 

16, VHF–FM. Vessels and persons 

granted permission to enter the safety 

zone shall obey the directions of the 

Captain of the Port Buffalo or his 

designated representative. While within 

a safety zone, all vessels shall operate at 

the minimum speed necessary to 

maintain a safe course. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard will provide the maritime 

community with advance notification of 

the enforcement periods via Broadcast 

Notice to Mariners or other suitable 

means. If the Captain of the Port Buffalo 

determines that the safety zone need not 

be enforced for the full duration stated 

in this notification, he may use a 

Broadcast Notice to Mariners to grant 

general permission to enter the 

respective safety zone. 

Dated: May 16, 2022. 

M.I. Kuperman, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. 2022–11935 Filed 6–2–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2022–0439; FRL–9870–03– 

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 California Air 

Resources Board (CARB) has submitted 

revised rules on behalf of the San Diego 

County Air Pollution Control District 

(SDCAPCD or District) that correct 

deficiencies in its Clean Air Act (CAA 

or Act) state implementation plan (SIP) 

provisions concerning ozone 

nonattainment requirements for 

controlling volatile organic compounds 

(VOCs) from the transfer of organic 

compounds into mobile transport tanks 

and concerning a negative declaration 

for non-Control Techniques Guidelines 

(CTG) major VOC sources. This 

determination is based on a proposed 

approval, published elsewhere in this 

Federal Register, of SDCAPCD’s Rule 

61.2 regulating the above source 

category and of the negative declaration 

for non-CTG major VOC sources. The 

effect of this interim final determination 

is that the imposition of sanctions that 

were triggered by a previous 

disapproval by the EPA in 2020 is now 

deferred. If the EPA finalizes its 

approval of the SDCAPCD’s 

submissions, relief from these sanctions 

will become permanent. 

DATES: This rule is effective on June 3, 

2022. However, comments will be 

accepted on or before July 5, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2022–0439 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. 

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 December 3, 2020 (85 FR 77996), 

the EPA issued a final partial approval/ 

partial disapproval for the SDCAPCD’s 

2008 Eight-Hour Ozone Reasonably 

Available Control Technology 

Demonstration for San Diego County 

(2008 RACT demonstration) that had 

been submitted by CARB to the EPA for 

approval. The 2008 RACT 

demonstration action addressed the 

SDCAPCD’s 2008 ozone standard RACT 

SIP requirements under the Act. In our 

2008 RACT demonstration action, we 

determined that while the SDCAPCD’s 

SIP revision submittal strengthened the 

SIP, the submittal did not fully meet the 

requirements for RACT SIPs under the 

CAA. Our 2008 RACT demonstration 

action included a final partial 

disapproval action 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 partial 

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 January 4, 

2021, and highway sanctions 6 months 

later. 

On December 29, 2020, CARB 

submitted to the EPA the SDCAPCD’s 

2020 RACT submittal, which addressed 

requirements for the 2015 ozone 


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Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Rules and Regulations 33651 

standard, and also included a negative 

declaration adopted for non-CTG major 

VOC sources for the 2008 ozone 

standard. On April 20, 2021, CARB 

submitted to the EPA an amended Rule 

61.2 that included a decrease in the 

emission limit for bulk terminals to 0.08 

pound per 1000 gallons. This negative 

declaration and revised rule were 

intended to address the partial 

disapproval issues under title I, part D 

that we identified in our 2008 RACT 

demonstration action. In the Proposed 

Rules section of this Federal Register, 

we have proposed approval of the 

SDCAPCD’s 2020 RACT submittal’s 

negative declaration for non-CTG major 

VOC sources and Rule 61.2. 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 2008 RACT 

demonstration action, because we 

believe that the 2020 RACT submittal’s 

negative declaration for non-CTG major 

VOC sources and Rule 61.2 correct 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 the SDCAPCD Rule 61.2 and 

the negative declaration for non-CTG 

VOC major sources with respect to the 

title I, part D deficiencies identified in 

our 2008 RACT demonstration action, 

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 the 

sanction clocks triggered by our 2008 

RACT demonstration action for mobile 

transport tanks and non-CTG major VOC 

sources would be permanently 

terminated on the effective date of our 

final approval of the SDCAPCD Rule 

61.2 and negative declaration for nonCTG VOC major sources. 

II. The EPA’s Evaluation and Action 

We are making an interim final 

determination to defer CAA section 179 

sanctions associated with our partial 

disapproval on the 2008 RACT 

demonstration with respect to the 

requirements of part D of title I of the 

CAA. This determination is based on 

our concurrent proposal to approve 

SDCAPCD’s 2020 RACT Negative 

Declaration for Non-CTG Major VOC 

Sources submittal and Rule 61.2, which 

resolve the deficiencies that triggered 

sanctions under section 179 of the CAA. 

Because the EPA has preliminarily 

determined that the 2020 RACT 

submittal and Rule 61.2 address the 

deficiencies under part D of title I of the 

CAA identified in our 2008 RACT 

demonstration 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 

State’s submittals 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 

circuit by August 2, 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 


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33652 Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Rules and Regulations 

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. 

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

Dated: May 31, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2022–11972 Filed 6–2–22; 8:45 am] 

BILLING CODE 6560–50–P 


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