Air Plan Approval; California; Mojave Desert Air Quality Management District, 36249-36251 [2023-11683]
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Federal Register / Vol. 88, No. 106 / Friday, June 2, 2023 / Rules and Regulations
I. Executive Order 13045 (Protection
of Children): This rulemaking does not
concern an environmental risk to health
or safety that may disproportionately
affect children under Executive Order
13045 (Apr. 21, 1997).
J. Executive Order 12630 (Taking of
Private Property): This rulemaking will
not affect a taking of private property or
otherwise have taking implications
under Executive Order 12630 (Mar. 15,
1988).
K. Congressional Review Act: Under
the Congressional Review Act
provisions of the Small Business
Regulatory Enforcement Fairness Act of
1996 (5 U.S.C. 801 et seq.), the USPTO
will submit a report containing the final
rule and other required information to
the United States Senate, the United
States House of Representatives, and the
Comptroller General of the Government
Accountability Office. The changes in
this rulemaking are not expected to
result in an annual effect on the
economy of $100 million or more, a
major increase in costs or prices, or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of United States-based enterprises to
compete with foreign-based enterprises
in domestic and export markets.
Therefore, this rulemaking is not
expected to result in a ‘‘major rule’’ as
defined in 5 U.S.C. 804(2).
L. Unfunded Mandates Reform Act of
1995: The changes set forth in this
rulemaking do not involve a Federal
intergovernmental mandate that will
result in the expenditure by state, local,
and tribal governments, in the aggregate,
of $100 million (as adjusted) or more in
any one year, or a Federal private sector
mandate that will result in the
expenditure by the private sector of
$100 million (as adjusted) or more in
any one year, and will not significantly
or uniquely affect small governments.
Therefore, no actions are necessary
under the provisions of the Unfunded
Mandates Reform Act of 1995. See 2
U.S.C. 1501 et seq.
M. National Environmental Policy
Act: This rulemaking will not have any
effect on the quality of the environment
and is thus categorically excluded from
review under the National
Environmental Policy Act of 1969. See
42 U.S.C. 4321 et seq.
N. National Technology Transfer and
Advancement Act: The requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) are not
applicable because this rulemaking does
not contain provisions that involve the
use of technical standards.
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O. Paperwork Reduction Act: This
final rule does not involve information
collection requirements that are subject
to review by the Office of Management
and Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Notwithstanding any other provision
of law, no person is required to respond
to, nor shall any person be subject to a
penalty for failure to comply with, a
collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a currently valid
OMB control number.
P. E-Government Act Compliance:
The USPTO is committed to compliance
with the E-Government Act to promote
the use of the internet and other
information technologies, to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
Correction
In FR Doc. 2023–05382, appearing on
page 17147 in the Federal Register of
Wednesday, March 22, 2023, on page
17147, in the third column, the
‘‘Applicability’’ paragraph in the DATES
section is revised to read as follows:
DATES: * * *
Applicability: The new fee amounts in
§§ 1.445(a)(5) and 1.482 applying to
international applications under the
Patent Cooperation Treaty (PCT) are
implemented as of April 1, 2023. The
amendments to § 1.18(b)(1) shall apply
to those international design
applications under the Hague
Agreement having a date of
international registration on or after
May 1, 2023.
Katherine K. Vidal,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2023–11759 Filed 6–1–23; 8:45 am]
BILLING CODE 3510–16–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2021–0923; FRL–9882–02–
R9]
Air Plan Approval; California; Mojave
Desert Air Quality Management District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
SUMMARY:
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36249
approve a revision to the Mojave Desert
Air Quality Management District
(MDAQMD or ‘‘District’’) portion of the
California State Implementation Plan
(SIP). This revision concerns emissions
of oxides of nitrogen (NOX) from
Portland cement kilns. We are
approving a local rule that regulates
these emission sources under the Clean
Air Act (CAA or the Act). Approving
this rule corrects a deficiency identified
in MDAQMD’s reasonably available
control technology (RACT)
demonstrations for the 1997 8-hour
ozone National Ambient Air Quality
Standards (NAAQS) and the 2008 8hour ozone NAAQS.
DATES:
This rule is effective July 3,
2023.
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2021–0923. All
documents in the docket 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
a disability who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
ADDRESSES:
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:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On July 15, 2022 (87 FR 42422), the
EPA proposed to approve the following
rule into the California SIP.
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Federal Register / Vol. 88, No. 106 / Friday, June 2, 2023 / Rules and Regulations
TABLE 1—SUBMITTED RULE
Local agency
Rule No.
MDAQMD ........................................................
As mentioned in our proposed action,
submitted Rule 1161 meets the
requirement to correct a deficiency
identified in the EPA’s February 12,
2018 (83 FR 5921) partial conditional
approval of MDAQMD’s RACT
demonstrations for the 1997 8-hour
ozone NAAQS and the 2008 8-hour
ozone NAAQS. The partial conditional
approval was based, in part, on
commitments from MDAQMD to revise
and submit amendments to Rule 1161
that would meet current RACT
requirements. Revisions to Rule 1161,
submitted to the EPA on May 23, 2018,
addressed this deficiency by
establishing a more stringent NOX limit
for Portland cement kilns. These
revisions fulfill the commitment made
by MDAQMD and the California Air
Resources Board, with respect to Rule
1161, necessary for the EPA to fully
approve the rule. Our proposed action
contains more information on the rule
and our evaluation.
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received no comments.
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III. EPA Action
No comments were submitted.
Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully
approving this rule into the California
SIP. The January 22, 2018 version of
Rule 1161 will replace the previously
approved version of this rule in the SIP.
This action corrects the deficiency
related to Rule 1161 that was previously
identified in the EPA’s action on
MDAQMD’s RACT demonstrations for
the 1997 8-hour ozone NAAQS and the
2008 8-hour ozone NAAQS.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, the EPA is finalizing the
incorporation by reference of MDAQMD
Rule 1161, ‘‘Portland Cement Kilns,’’
amended on January 22, 2018, which
regulates NOX emissions from the
operation of cement kilns. The EPA has
made, and will continue to make, these
documents available through
www.regulations.gov and at the EPA
Region IX Office (please contact the
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1161
Rule title
Portland Cement Kilns ...................................
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting federal
requirements and does not impose
additional requirements beyond those
imposed by state law. 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); and
• 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.
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
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01/22/2018
Submitted
05/23/2018
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).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The State did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this
action. Due to the nature of the action
being taken here, this action is expected
to have a neutral impact on the air
quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
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Federal Register / Vol. 88, No. 106 / Friday, June 2, 2023 / Rules and Regulations
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by August 1, 2023.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
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 section
307(b)(2).)
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.
Dated: May 25, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
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
2. Section 52.220 is amended by
adding paragraphs (c)(300)(i)(A)(2) and
(c)(518)(i)(A)(9) to read as follows:
■
Identification of plan—in part.
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*
*
*
*
*
(c) * * *
(300) * * *
(i) * * *
(A) * * *
(2) Previously approved on February
27, 2003 in paragraph (c)(300)(i)(A)(1) of
this section and now deleted with
replacement in paragraph
(c)(518)(i)(A)(9): Rule 1161, amended on
March 25, 2002.
*
*
*
*
*
(518) * * *
(i) * * *
(A) * * *
(9) Rule 1161, ‘‘Portland Cement
Kilns,’’ amended on January 22, 2018.
*
*
*
*
*
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[Amended]
3. Section 52.248 is amended by
removing and reserving paragraph
(d)(1)(ix).
■
[FR Doc. 2023–11683 Filed 6–1–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2023–0193; FRL–10815–
02–R7]
Air Plan Approval; State of Missouri;
Restriction of Particulate Matter to the
Ambient Air Beyond the Premises of
Origin
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the State
Implementation Plan (SIP) for the State
of Missouri. This final action will
amend the SIP to approve revision
submitted by the State of Missouri on
March 7, 2019, to a State regulation for
the Restriction of Particulate Matter to
the Ambient Air Beyond the Premises of
Origin. These revisions include adding
definitions that are specific to the rule,
restructures the rule into the standard
rule organization format, and removes
unnecessary words. The revisions are
administrative in nature and do not
impact the stringency of the SIP or air
quality. The EPA’s approval of this rule
revision is in accordance with the
requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on July
3, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2023–0193. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., 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 www.regulations.gov
or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
information.
FOR FURTHER INFORMATION CONTACT:
Steven Brown, Environmental
SUMMARY:
For the reasons stated in the
preamble, the Environmental Protection
Agency amends Part 52, chapter I, title
40 of the Code of Federal Regulations as
follows:
§ 52.220
§ 52.248
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36251
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number: (913) 551–7718;
email address: brown.steven@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
The EPA is approving a SIP revision
submitted by the State of Missouri on
March 7, 2019. Missouri requested the
EPA to approve revisions to their SIP by
replacing the existing rule, Title 10,
Division 10 of the Code of State
Regulations (CSR), (10 CSR 10–6.170)
‘‘Restriction of Particulate Matter to the
Ambient Air Beyond the Premises of
Origin’’, with a revised and restructured
version of the same rule. The State has
revised the rule to add definitions
specific to this rule, organize the rule
into State standard rule organizational
format, and remove unnecessary words.
After review and analysis of the
revisions, the EPA conclude that these
changes do not have adverse effects on
air quality. The full text of these
changes can be found in the State’s
submission, which is included in the
docket for this action. The EPA’s
analysis of the revisions can be found in
the technical support document (TSD),
also included in the docket.
II. Have the requirements for approval
of a SIP revision been met?
The State submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submission also satisfied
the completeness criteria of 40 CFR part
51, appendix V. The State provided
public notice on this SIP revision from
8/01/2018 to 8/30/2018 and received a
total of eight comments. The comments
and responses are summarized in the
EPA’s Notice of Proposed Rulemaking
(NPRM) published, April 14, 2023 (88
FR 22976). The EPA’s NPRM and
supporting information contained in the
docket were made available for public
comment from April 14, 2023, to May
15, 2023 (88 FR 22976). During this
period, no comments were received.
In addition, as explained above and in
more detail in the technical support
document, which is part of this docket,
the revision meets the substantive SIP
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]]>Agencies
[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Rules and Regulations]
[Pages 36249-36251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11683]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0923; FRL-9882-02-R9]
Air Plan Approval; California; Mojave Desert Air Quality
Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the Mojave Desert Air Quality
Management District (MDAQMD or ``District'') portion of the California
State Implementation Plan (SIP). This revision concerns emissions of
oxides of nitrogen (NOX) from Portland cement kilns. We are
approving a local rule that regulates these emission sources under the
Clean Air Act (CAA or the Act). Approving this rule corrects a
deficiency identified in MDAQMD's reasonably available control
technology (RACT) demonstrations for the 1997 8-hour ozone National
Ambient Air Quality Standards (NAAQS) and the 2008 8-hour ozone NAAQS.
DATES: This rule is effective July 3, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2021-0923. All documents in the docket 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 a
disability 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 [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On July 15, 2022 (87 FR 42422), the EPA proposed to approve the
following rule into the California SIP.
[[Page 36250]]
Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
MDAQMD................................ 1161 Portland Cement Kilns... 01/22/2018 05/23/2018
----------------------------------------------------------------------------------------------------------------
As mentioned in our proposed action, submitted Rule 1161 meets the
requirement to correct a deficiency identified in the EPA's February
12, 2018 (83 FR 5921) partial conditional approval of MDAQMD's RACT
demonstrations for the 1997 8-hour ozone NAAQS and the 2008 8-hour
ozone NAAQS. The partial conditional approval was based, in part, on
commitments from MDAQMD to revise and submit amendments to Rule 1161
that would meet current RACT requirements. Revisions to Rule 1161,
submitted to the EPA on May 23, 2018, addressed this deficiency by
establishing a more stringent NOX limit for Portland cement
kilns. These revisions fulfill the commitment made by MDAQMD and the
California Air Resources Board, with respect to Rule 1161, necessary
for the EPA to fully approve the rule. Our proposed action contains
more information on the rule and our evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. EPA Action
No comments were submitted. Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully approving this rule into the
California SIP. The January 22, 2018 version of Rule 1161 will replace
the previously approved version of this rule in the SIP. This action
corrects the deficiency related to Rule 1161 that was previously
identified in the EPA's action on MDAQMD's RACT demonstrations for the
1997 8-hour ozone NAAQS and the 2008 8-hour ozone NAAQS.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, the EPA is finalizing the incorporation by reference of
MDAQMD Rule 1161, ``Portland Cement Kilns,'' amended on January 22,
2018, which regulates NOX emissions from the operation of
cement kilns. The EPA has made, and will continue to make, these
documents available through www.regulations.gov and at the EPA Region
IX Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. 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); and
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.
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 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).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The State did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action. Due
to the nature of the action being taken here, this action is expected
to have a neutral impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of
[[Page 36251]]
this action must be filed in the United States Court of Appeals for the
appropriate circuit by August 1, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a 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 section 307(b)(2).)
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.
Dated: May 25, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the Environmental
Protection Agency amends Part 52, chapter I, title 40 of the Code of
Federal Regulations as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(300)(i)(A)(2) and
(c)(518)(i)(A)(9) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(300) * * *
(i) * * *
(A) * * *
(2) Previously approved on February 27, 2003 in paragraph
(c)(300)(i)(A)(1) of this section and now deleted with replacement in
paragraph (c)(518)(i)(A)(9): Rule 1161, amended on March 25, 2002.
* * * * *
(518) * * *
(i) * * *
(A) * * *
(9) Rule 1161, ``Portland Cement Kilns,'' amended on January 22,
2018.
* * * * *
Sec. 52.248 [Amended]
0
3. Section 52.248 is amended by removing and reserving paragraph
(d)(1)(ix).
[FR Doc. 2023-11683 Filed 6-1-23; 8:45 am]
BILLING CODE 6560-50-P
