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Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Rules and Regulations
based on a proposed approval, published elsewhere in this Federal Register, of PCAQCDs reasonably available control technology RACT SIP
rules and negative declarations. The effect of this interim final determination is that the imposition of sanctions that were triggered by a previous partial disapproval and limited disapproval by the EPA in 2019 is now deferred. If the EPA finalizes its approval of PCAQCDs submission, relief from these sanctions will become permanent.
DATES: This interim final determination is effective on March 5, 2021. However, comments will be accepted on or before April 5, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPAR09
OAR20210134 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:
Nicole Law, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: 415 9474216 or by email at Law.Nicole@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms we, us, and our refer to the EPA.
Table of Contents I. Background
VerDate Sep<11>2014

II. EPA Action III. Statutory and Executive Order Reviews
I. Background On August 9, 2019 84 FR 39196, the EPA issued a final partial approval/
partial disapproval and a limited approval/limited disapproval for revisions to the PCAQCD portion of the Arizona SIP that had been submitted by ADEQ to the EPA for approval the 2017
RACT Submittal. The 2017 RACT
Submittal action addressed the PCAQCDs RACT SIP requirements under the Act. In our 2017 RACT
Submittal action, we determined that while PCAQCDs SIP revision submittal strengthened the SIP, the submittal did not fully meet the requirements for RACT SIPs under the CAA. Our 2017
RACT Submittal action included a final partial disapproval and limited 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 and limited disapproval action under title I, part D started a sanctions clock for imposition of offset sanctions 18 months after the actions effective date of September 9, 2019, and highway sanctions 6 months later.
On August 5, 2020, PCAQCD revised its rules and adopted additional negative declarations and on August 20, 2020, ADEQ submitted the revised rules and negative declarations to the EPA for approval into the Arizona SIP 2020
RACT Submittal. These negative declarations and revised rules are intended to address the partial disapproval and limited disapproval issues under title I, part D that we identified in our 2017 RACT Submittal action. In the Proposed Rules section of this Federal Register, we have proposed approval of PCAQCDs 2020 RACT
Submittal. 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 2017 RACT
Submittal actions partial disapproval and limited disapproval of PCAQCDs RACT SIP and rules, because we believe that the 2020 RACT Submittal corrects the deficiencies that triggered such sanctions.1
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 PCAQCDs 2020 RACT
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Submittal with respect to the title I, part D deficiencies identified in our 2017
RACT Submittal 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 all sanctions and any sanction clocks triggered by our 2017
RACT Submittal action would be permanently terminated on the effective date of our final approval of PCAQCDs 2020 RACT Submittal.
II. EPA Action We are making an interim final determination to defer CAA section 179
sanctions associated with our partial disapproval and limited disapproval action on August 9, 2019 of PCAQCDs RACT SIP and rules 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 PCAQCDs 2020 RACT
Submittal, which resolves the deficiencies that triggered sanctions under section 179 of the CAA.
Because the EPA has preliminarily determined that PCAQCDs 2020 RACT
Submittal addresses the deficiencies under part D of title I of the CAA
identified in our 2017 RACT Submittal 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. 553b3. However, by this action, the EPA is providing the public with a chance to comment on the EPAs 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 States 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 States 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
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