Air Plan Approval; California; San Diego County Air Pollution Control District; Oxides of Nitrogen, 57361-57363 [2023-18110]
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57361
Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Rules and Regulations
§ 52.2120
62.5’’ by revising the entries for
‘‘Standard No. 7’’ and ‘‘Standard No.
7.1’’ to read as follows:
Subpart PP—South Carolina
2. In § 52.2120(c), amend the table
under the heading ‘‘Regulation No.
■
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 1 TO PARAGRAPH (c)—EPA-APPROVED SOUTH CAROLINA LAWS AND REGULATIONS
Title/subject
State effective
date
EPA approval
date
*
Regulation No.
62.5.
*
Air Pollution
Control Standards.
*
........................
*
...........................
*
Standard No. 7 ..
*
Prevention of
Significant Deterioration.
Nonattainment
New Source
Review.
*
11/26/2021
State citation
Standard No. 7.1
*
*
*
11/26/2021
*
*
*
Explanation
*
8/23/2023, [Insert citation of
publication].
8/23/2023, [Insert citation of
publication].
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2022–0682; FRL–10126–
02–R9]
Except for the ethanol production facilities exclusion in paragraphs
(A)(11)(t) and (B)(22)(c)(xx) and the project emissions accounting
provisions at paragraphs (A)(8) and (A)(9).
*
*
This rule is effective September
22, 2023.
DATES:
Air Plan Approval; California; San
Diego County Air Pollution Control
District; Oxides of Nitrogen
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2022–0682. 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
ADDRESSES:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the San Diego
County Air Pollution Control District
(SDCAPCD) portion of the California
State Implementation Plan (SIP). The
California Air Resources Board (CARB)
submitted the rule, on behalf of
SDCAPCD, to the EPA as part of the
requirement to implement major source
SUMMARY:
*
*
*
*
Except for the project emissions accounting provisions at paragraphs
(A)(2)(d)(vi) and (A)(2)(d)(vii).
reasonable available control technology
(RACT) for emissions of oxides of
nitrogen (NOX) for the San Diego County
ozone nonattainment area. This revision
concerns NOX emissions from boilers,
process heaters, and steam generators.
We are approving a local rule to regulate
these emission sources under the Clean
Air Act (CAA or the ‘‘Act’’).
*
[FR Doc. 2023–18120 Filed 8–22–23; 8:45 am]
*
*
*
the person identified in the FOR FURTHER
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: La
Kenya Evans-Hopper, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3245 or by
email at evanshopper.lakenya@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
INFORMATION CONTACT
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 January 30, 2023 (88 FR 5833), the
EPA proposed to approve the following
rule into the California SIP.
TABLE 1—SUBMITTED RULE
Local agency
Rule No.
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SDCAPCD ........
Rule title
69.2.2
Medium Boilers, Process Heaters, and Steam Generators .........................
We proposed to approve this rule
because we determined that it complies
with the relevant CAA requirements.
Our proposed action contains more
information on the rule and our
evaluation.
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II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received three
comments, two of which were
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09/09/21
Submitted
03/09/22
submitted by the same commenter. The
full text of all three comments is
available in the docket for this
rulemaking. The comments were
broadly supportive of SIPs, in the
general sense, as a necessary tool to
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Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Rules and Regulations
address air pollution, particularly NOX
emissions, although they were not
specific to this rulemaking action. After
stating the need for the EPA to approve
and enforce SIPs to ensure areas meet
the national ambient air quality
standards (NAAQS), one comment
contained a general statement that SIPs
could be argued to be overly
burdensome because of their economic
impacts on businesses and consumers.
After reviewing this comment, the EPA
has determined that the comment does
not raise issues germane to our
proposed finding that SDCAPCD Rule
69.2.2 satisfies the requirements of CAA
sections 110 and part D, which focuses
the rule evaluation on enforceability,
stringency, and interference with CAA
requirements. Therefore, we have
determined that this comment does not
necessitate a response, and the EPA will
not provide a specific response to the
comment in this document.
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III. EPA Action
No comments were submitted that
change our assessment of the rule as
described in our proposed action that
this rule meets CAA requirements and
is consistent with relevant guidance
regarding enforceability, RACT, and SIP
revisions. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is
fully approving this rule into the
California SIP.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of San Diego
County Air Pollution Control District,
Rule 69.2.2, ‘‘Medium Boilers, Process
Heaters, and Steam Generators,’’
adopted on September 9, 2021, which
regulates NOX emissions from boilers,
process heaters, and steam generators
with a heat input rating greater than 2
million British thermal unit (Btu) per
hour to less than 5 million Btu per hour
that are manufactured, sold, offered for
sale or distributed, or installed for use
within San Diego County. The EPA has
made, and will continue to make, these
documents available through https://
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
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15:56 Aug 22, 2023
Jkt 259001
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 14094 (88 FR
21879, April 11, 2023);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• 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
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greatest extent practicable and
permitted by law. The 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.’’ The 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. The 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 to positive
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 the 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
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 23, 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
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Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Rules and Regulations
Dated: August 17, 2023.
Cheree Peterson,
Acting 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
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 paragraph (c)(604) to read as
follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(604) The following regulations were
submitted on March 9, 2022, by the
Governor’s designee as an attachment to
a letter dated March 9, 2022.
(i) Incorporation by reference. (A) San
Diego County Air Pollution Control
District.
(1) Rule 69.2.2, ‘‘Medium Boilers,
Process Heaters, and Steam Generators,’’
adopted on September 9, 2021.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
[FR Doc. 2023–18110 Filed 8–22–23; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket No. 21–450; FCC 22–87; FR
ID 164120]
Affordable Connectivity Program;
Emergency Broadband Benefit
Program
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, an
information collection titled Affordable
Connectivity Program (ACP)
Transparency Data Collection, which is
associated with the rules contained in
the Fourth Report and Order, FCC 22–
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SUMMARY:
VerDate Sep<11>2014
15:56 Aug 22, 2023
Jkt 259001
87 (Nov. 23, 2022) (Fourth Report and
Order), which was summarized in a
document published on January 13,
2023. This document is consistent with
the Fourth Report and Order and its
summary.
DATES: The amendments to § 54.1813(b)
through (d) (instruction 3), published at
88 FR 2248, January 13, 2023, and the
amendments to § 54.1813(c) and (g) in
this final rule, are effective August 23,
2023.
FOR FURTHER INFORMATION CONTACT: Eric
Wu, Attorney Advisor,
Telecommunications Access Policy
Division, Wireline Competition Bureau,
at (202) 418–7400 or eric.wu@fcc.gov.
For additional information concerning
the Paperwork Reduction Act
information collection requirements
contact Nicole Ongele at (202) 418–2991
or nicole.ongele@fcc.gov.
SUPPLEMENTARY INFORMATION: The
Commission submitted information
collection requirements for review and
approval by OMB, as required by the
Paperwork Reduction Act (PRA) of
1995, on June 7, 2023, which were
approved by OMB on August 11, 2023.
The information collection requirements
are found in the Commission’s
Affordable Connectivity Program;
Emergency Broadband Benefit Program,
WC Docket No. 21–450, Fourth Report
and Order, FCC 22–87 (Nov. 23, 2022)
(Fourth Report and Order), which was
summarized in 88 FR 2248, January 13,
2023. The OMB Control Number is
3060–1310. If you have any comments
on the burden estimates listed in the
following, or how the Commission can
improve the collections and reduce any
burdens caused thereby, please contact
Nicole Ongele, Federal Communications
Commission, 45 L Street NE,
Washington, DC 20554. Please include
the OMB Control Number, 3060–1310,
in your correspondence. The
Commission will also accept your
comments via email at PRA@fcc.gov.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to fcc504@
fcc.gov or call the Consumer &
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the Commission is notifying the public
that it received OMB approval on
August 11, 2023, for the information
collection requirements contained in 47
CFR 54.1813, published at 88 FR 2248,
January 13, 2023.
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57363
Section 54.1813(g) of title 47 of the
Code of Federal Regulations provides
that compliance with § 54.1813(b)
through (d) wouldn’t be required until
§ 54.1813(g) is removed or contains a
compliance date, which wouldn’t occur
until after OMB completes review
pursuant to the PRA. Since OMB has
completed its review of the information
collection requirements, this document
removes § 54.1813(g). This document
further revises § 54.1813(c) to delete the
reference to paragraph (g) and to add the
compliance date for the ACP
Transparency Data Collection.
These amendments to § 54.1813(c)
and (g) are effective on the date this
document is published in the Federal
Register. The amendments are minor
corrections, and the public was given
notice in the November 2022 Fourth
Report and Order that the rules would
need to be amended to reflect
completion of OMB review under the
Paperwork Reduction Act. Additionally,
the Commission separately announced
the compliance date for the ACP
Transparency Data Collection in a
Public Notice issued on August 11,
2023. These amendments impose no
immediate burdens or obligations on
members of the public, and making
them effective upon publication will
enhance notice to the public by
incorporating the compliance date
sooner into the Code of Federal
Regulations. There is thus good cause
under 5 U.S.C. 553(d)(3) for the
amendments to be effective less than 30
days after their publication.
Under 5 CFR part 1320, an agency
may not conduct or sponsor a collection
of information unless it displays a
current, valid OMB Control Number.
Additionally, no person shall be
subject to any penalty for failing to
comply with a collection of information
subject to the Paperwork Reduction Act
that does not display a current, valid
OMB Control Number. The OMB
Control Number is 3060–1310.
The foregoing notification is required
by the Paperwork Reduction Act of
1995, Public Law 104–13, October 1,
1995, and 44 U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–1310.
OMB Approval Date: August 11, 2023.
OMB Expiration Date: August 31,
2026.
Title: Affordable Connectivity
Program (ACP) Transparency Data
Collection.
Form Number: FCC Form 5651.
Type of Review: New information
collection.
E:\FR\FM\23AUR1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Rules and Regulations]
[Pages 57361-57363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18110]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0682; FRL-10126-02-R9]
Air Plan Approval; California; San Diego County Air Pollution
Control District; Oxides of Nitrogen
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the San Diego County Air Pollution
Control District (SDCAPCD) portion of the California State
Implementation Plan (SIP). The California Air Resources Board (CARB)
submitted the rule, on behalf of SDCAPCD, to the EPA as part of the
requirement to implement major source reasonable available control
technology (RACT) for emissions of oxides of nitrogen (NOX)
for the San Diego County ozone nonattainment area. This revision
concerns NOX emissions from boilers, process heaters, and
steam generators. We are approving a local rule to regulate these
emission sources under the Clean Air Act (CAA or the ``Act'').
DATES: This rule is effective September 22, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2022-0682. 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: La Kenya Evans-Hopper, EPA Region IX,
75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3245 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 January 30, 2023 (88 FR 5833), the EPA proposed to approve the
following rule into the California SIP.
Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
SDCAPCD........................... 69.2.2 Medium Boilers, Process 09/09/21 03/09/22
Heaters, and Steam
Generators.
----------------------------------------------------------------------------------------------------------------
We proposed to approve this rule because we determined that it
complies with the relevant CAA requirements. 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 three comments, two of which were
submitted by the same commenter. The full text of all three comments is
available in the docket for this rulemaking. The comments were broadly
supportive of SIPs, in the general sense, as a necessary tool to
[[Page 57362]]
address air pollution, particularly NOX emissions, although
they were not specific to this rulemaking action. After stating the
need for the EPA to approve and enforce SIPs to ensure areas meet the
national ambient air quality standards (NAAQS), one comment contained a
general statement that SIPs could be argued to be overly burdensome
because of their economic impacts on businesses and consumers. After
reviewing this comment, the EPA has determined that the comment does
not raise issues germane to our proposed finding that SDCAPCD Rule
69.2.2 satisfies the requirements of CAA sections 110 and part D, which
focuses the rule evaluation on enforceability, stringency, and
interference with CAA requirements. Therefore, we have determined that
this comment does not necessitate a response, and the EPA will not
provide a specific response to the comment in this document.
III. EPA Action
No comments were submitted that change our assessment of the rule
as described in our proposed action that this rule meets CAA
requirements and is consistent with relevant guidance regarding
enforceability, RACT, and SIP revisions. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is fully approving this rule into
the California SIP.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of San Diego
County Air Pollution Control District, Rule 69.2.2, ``Medium Boilers,
Process Heaters, and Steam Generators,'' adopted on September 9, 2021,
which regulates NOX emissions from boilers, process heaters,
and steam generators with a heat input rating greater than 2 million
British thermal unit (Btu) per hour to less than 5 million Btu per hour
that are manufactured, sold, offered for sale or distributed, or
installed for use within San Diego County. The EPA has made, and will
continue to make, these documents available through https://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 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
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.
The 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.'' The 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. The 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 to positive 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 the 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 this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 23, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
[[Page 57363]]
Dated: August 17, 2023.
Cheree Peterson,
Acting 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 paragraph (c)(604) to read as
follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(604) The following regulations were submitted on March 9, 2022, by
the Governor's designee as an attachment to a letter dated March 9,
2022.
(i) Incorporation by reference. (A) San Diego County Air Pollution
Control District.
(1) Rule 69.2.2, ``Medium Boilers, Process Heaters, and Steam
Generators,'' adopted on September 9, 2021.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
[FR Doc. 2023-18110 Filed 8-22-23; 8:45 am]
BILLING CODE 6560-50-P
