San Joaquin Air District Gets Sanctions Timeout from EPA
Published Date: 1/21/2025
Rule
Summary
The EPA is giving the San Joaquin Valley Air Pollution Control District a break by delaying penalties after they fixed problems with their pollution rules. This means businesses and residents in the area won’t face new sanctions for now, starting January 21, 2025. The EPA will still accept comments until February 20, 2025, so people can share their thoughts on this decision.
Analyzed Economic Effects
4 provisions identified: 3 benefits, 1 costs, 0 mixed.
Sanctions Deferred for San Joaquin Valley
If you operate a business or live in the San Joaquin Valley area covered by the San Joaquin Valley Unified Air Pollution Control District, the EPA is deferring the federal offset and highway sanctions that were triggered by its July 10, 2023 limited disapproval of District Rule 2201. This deferral takes effect January 21, 2025 and means those sanctions will not be applied while EPA completes its approval process.
Sanctions Can Be Reimposed After Comments
The EPA will accept public comments on this deferral until February 20, 2025; if comments change the EPA's assessment, the agency intends to take subsequent final action to reimpose the offset and highway sanctions. That means the relief starting January 21, 2025 could be reversed if the EPA later determines the State's SIP revision did not correct the identified deficiencies.
No New Federal Requirements For Small Entities
The EPA states this action 'defers Federal sanctions and imposes no additional requirements' and certifies it does not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act. Small businesses in the affected area therefore are not being saddled with new federal compliance requirements by this action.
No Application on Indian Reservation Land
The EPA states the State Implementation Plan (SIP) approval is not approved to apply on any Indian reservation land or in areas where a Tribe has demonstrated jurisdiction, and the rule will not impose substantial direct costs on Tribal governments. This action therefore does not extend the SIP's federal approval or associated requirements onto Indian country.
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