Air Plan Revisions; California; San Joaquin Valley Unified Air Pollution Control District, 83034-83036 [2023-26013]
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Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations
from which subsequent fiscal year per
diem rates will be calculated. For
calculation of SNF per diem rates for
subsequent fiscal years VA will apply
the CMS SNF Market Basket increase to
the total per diem each year.
Note 1 to paragraph (c)(1): The amount
calculated under this formula reflects the
prevailing rate payable in the geographic area
in which the State home is located for
nursing home care furnished in a State home.
The amount calculated under this formula
applies to both new and existing facilities
with State home care agreements. Further,
the formula for establishing these rates
includes CMS information that is published
in the Federal Register every year and is
effective beginning October 1 for the entire
fiscal year. Accordingly, VA will adjust the
rates annually.
*
*
§ 51.70
*
*
*
[Amended]
3. In § 51.70, in paragraph (n), remove
‘‘51.110(d)(2)(ii) of this part’’ and add in
its place ‘‘51.110(e)(2)(ii)’’.
■
§ 51.110
[Amended]
4. In § 51.110, in paragraph (d),
remove ‘‘Version 2.0’’ and add in its
place ‘‘Version 3.0’’.
■
§ 51.300
[Amended]
5. In § 51.300, in paragraph (d)(3),
remove ‘‘(a)(2)(i) through (vii)’’ and add
in its place ‘‘(d)(2)(i) through (vii)’’.
■
[FR Doc. 2023–25998 Filed 11–27–23; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2023–0076; FRL–10663–
02–R9]
Air Plan Revisions; California; San
Joaquin Valley Unified Air Pollution
Control District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the San Joaquin
Valley Unified Air Pollution Control
District (SJVUAPCD) portion of the
California State Implementation Plan
(SIP). This revision concerns emissions
of particulate matter (PM) from wood
burning devices. We are approving a
local measure that regulates these
emission sources under the Clean Air
Act (CAA or the Act).
DATES: This rule is effective December
28, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2023–0076. 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
SUMMARY:
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 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. Statutory and Executive Order Reviews
I. Proposed Action
On April 14, 2023 (88 FR 22978), the
EPA proposed to approve the following
measure into the California SIP.
TABLE 1—SUBMITTED MEASURE
Local agency
SJVUAPCD ......................
Resolution No.
21–11–7
lotter on DSK11XQN23PROD with RULES1
We proposed to approve this measure
because we determined that it complies
with the relevant CAA requirements.
Our proposed action contains more
information on the measure 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 public
comments. The first two comments fail
to identify any issue that is germane to
our action on the measure and are
outside the scope of this rulemaking.
One of these comments included
offensive content and was therefore not
posted to the public docket. The other
comment discusses wildfires and
vehicle emissions. Our response to the
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Measure title
Adopted
Burn Cleaner Fireplace and Woodstove Change-out
Incentive Measure (‘‘Burn Cleaner Incentive Measure’’).
third comment from Sheraz Gill, Deputy
Air Pollution Control Officer (APCO) of
SJVUAPCD, is below.
Comment: After providing a summary
of the measure, the commenter
expresses concerns that, although the
measure meets all four integrity
elements necessary for an incentive
measure to be fully approvable into the
SIP, the EPA has chosen to not give SIP
emission reduction credit. The
commenter states ‘‘. . . the District is
concerned with EPA’s proposed
approval not including emission
reduction credit for this measure, as the
program has achieved and will continue
to achieve significant emissions
reductions in the San Joaquin Valley.’’
The commenter recommends that the
EPA include in our final approval of
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11/18/2021
Submitted
03/17/2022
this measure SIP credit for the specific
emission reductions quantified.
Response: As explained in our
proposal, SJVUAPCD regulates a PM2.5
nonattainment area classified as Serious
for the 1997 (24-hour 65 mg/m3 and
annual 15 mg/m3 limit), 2006 (24-hour
35 mg/m3 limit), and 2012 (annual 12 mg/
m3 limit) PM2.5 National Ambient Air
Quality Standards (NAAQS). The
District adopted the 2018 Plan for the
1997, 2006, and 2012 PM2.5 NAAQS
(2018 PM2.5 Plan) in November 2018 to
help bring the District into attainment
for these NAAQS.1 The 2018 PM2.5 Plan
includes aggregate emissions reduction
commitments by the SJVUAPCD to
achieve an additional 1.30 tons per day
(tpd), annual average, direct PM2.5
1 2018
E:\FR\FM\28NOR1.SGM
PM2.5 Plan, ES–8.
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Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations
emission reductions by 2024 and 2025
for the 35 mg/m3 2006 24-hour PM2.5
NAAQS and 12 mg/m3 2012 annual
PM2.5 NAAQS, respectively. The Burn
Cleaner Incentive Measure was intended
to fulfill a portion of these aggregate
emission reduction commitments, by
achieving 0.33 tpd of direct PM2.5
emission reductions by 2024 and 2025,
on an annual average basis.
However, as noted in our Technical
Support Document (TSD), the Ninth
Circuit vacated and remanded a portion
of the EPA’s approval of the 2006 24hour PM2.5 NAAQS portions of the 2018
PM2.5 Plan on April 13, 2022.2
Therefore, further work is needed to
evaluate the emissions reductions
necessary to attain the 2006 NAAQS by
2024. Additionally, on October 27,
2022, CARB withdrew the portions of
the 2018 PM2.5 Plan pertaining to the
Serious area plan requirements for the
2012 annual PM2.5 NAAQS.3 As a result,
the State will need to submit a new
attainment plan for the 2012 PM2.5
NAAQS. Therefore, the EPA will
evaluate emission reductions associated
with Burn Cleaner Incentive Measure in
the context of future attainment plan
actions for the 2006 and 2012 PM2.5
NAAQS.
lotter on DSK11XQN23PROD with RULES1
III. EPA Action
No comments were submitted that
change our assessment of the measure as
described in our proposed action.
Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully
approving this measure into the
California SIP.
As stated within the EPA’s proposed
action, we are codifying this measure as
additional material in the Code of
Federal Regulations, rather than through
incorporation by reference, because,
under its terms, the measure contains
commitments enforceable only against
the District and because the measure is
not a substantive rule of general
applicability.
IV. Statutory and Executive Order
Reviews
Under the CAA, 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 Act. Accordingly, this action merely
approves state law as meeting federal
2 Medical
Advocates for Healthy Air v. EPA, Case
No. 20–72780, Dkt. #58–1 (9th Cir., April 13, 2022).
3 Letter from Steven Cliff, Executive Officer,
CARB, to Martha Guzman, Regional Administrator,
EPA Region IX, dated October 27, 2022.
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15:57 Nov 27, 2023
Jkt 262001
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,
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Fmt 4700
Sfmt 4700
83035
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 January 29, 2024.
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,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: November 20, 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:
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83036
Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations
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)(606) to read as
follows:
■
§ 52.220
Identification of plan—in part.
*
*
*
*
*
(c) * * *
(606) The following materials were
submitted on March 17, 2022, by the
Governor’s designee as an attachment to
a letter dated March 16, 2022.
(i) [Reserved]
(ii) Additional materials. (A) San
Joaquin Valley Unified Air Pollution
Control District.
(1) San Joaquin Valley Unified Air
Pollution Control District Resolution
No. 21–11–7, In the Matter of: State
Implementation Credit for Residential
Wood Burning Device Change-Out
Incentive Measure, adopted on
November 18, 2021.
(2) [Reserved]
(B) [Reserved]
*
*
*
*
*
[FR Doc. 2023–26013 Filed 11–27–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2023–0252; FRL–11034–
02–R2]
Approval of Air Quality Implementation
Plans; New Jersey; Exemptions To
Improve Resiliency, Air Toxics
Thresholds, PM2.5 and Ammonia
Emission Statement Reporting, and
PM2.5 in Air Permitting
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving adoptions,
repeals, and amendments to the New
Jersey State Implementation Plan (SIP)
concerning exemptions to improve
resiliency during emergency situations,
updates to hazardous air pollutant
(HAP) reporting thresholds, updates to
the certification and submission of
emission statements, and the addition of
Federal New Source Review (NSR)
requirements for fine particles (PM2.5).
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
15:57 Nov 27, 2023
Jkt 262001
The intended effect of New Jersey’s
revisions are to enable government and
business entities to be more resilient
during and following disruptions from
natural and human-caused disasters;
update HAP unit risk factors and
reference concentrations to reflect
current research, scientific, and
technological advancements; update
provisions to require the reporting of
PM2.5 and ammonia (NH3) emissions at
the source level and update the
electronic reporting of emission
statements to adapt with advancements
and Federal requirements; and conform
the State’s rules on air permits to the
EPA’s NSR requirements for PM2.5 to
ensure a source does not adversely
impact the EPA-established National
Ambient Air Quality Standards
(NAAQS). Other revisions New Jersey
made, which the EPA is approving with
this notice of final rulemaking, will
conform administrative penalties to the
approved rules and correct errors and
inconsistencies throughout the State’s
SIP. This action is being taken in
accordance with the requirements of the
Clean Air Act. The EPA proposed to
approve this rule on September 28,
2023, and received no comments.
DATES: This final rule is effective on
December 28, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2023–0252. 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., Controlled Unclassified
Information (CUI) (formally referred to
as 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 electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Nicholas Ferreira, Air Programs Branch,
Environmental Protection Agency,
Region 2, 290 Broadway, 25th Floor,
New York, New York 10007–1866, (212)
637–3127, or by email at
ferreira.nicholas@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is the background for this action?
II. Environmental Justice Considerations
III. What comments were received in
response to the EPA’s proposed action?
IV. What action is the EPA taking?
V. Incorporation by Reference
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Fmt 4700
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VI. Statutory and Executive Order Reviews
I. What is the background for this
action?
On September 28, 2023 (88 FR 66733),
the EPA published a Notice of Proposed
Rulemaking that proposed to approve
State Implementation Plan (SIP)
revisions submitted by the State of New
Jersey on December 14, 2017, and
August 23, 2018, for the purpose of
approving new rules, repeals, and
amendments to subchapter 8,
subchapter 16, subchapter 17,
subchapter 18, subchapter 19, and
subchapter 21 of New Jersey
Administrative Code, Title 7, Chapter 27
(N.J.A.C. 7:27); as well as to subchapter
3 of N.J.A.C., Title 7, Chapter 27A.
New Jersey’s revisions to N.J.A.C. 7:27
implement changes based on the
experience the State has gained in
response to disruptions caused by
natural disasters such as Superstorm
Sandy and discussions that the State has
held with representatives of the
regulated community and
environmental groups. New Jersey’s
revisions include exemptions from air
emission control and permitting
requirements that will provide
flexibility for facilities to use lowemitting temporary and portable
equipment to improve resiliency during
emergency situations.
Additionally, New Jersey’s revisions
update HAP reporting thresholds using
the most recent science-based
methodologies; amend the rules
governing emissions statements to
require each facility to report criteria
pollutants and precursors (including
PM2.5 and ammonia) at the source level;
revise the rules governing certification
and electronic submittal of emissions
statements; revise the New Source
Review (NSR) requirements to
implement the National Ambient Air
Quality Standards (NAAQS) for fine
particles (PM2.5); and modify penalty
provisions to provide consistency with
the State’s revisions finalized for
approval within this notice. For the
reasons herein stated, the EPA is
approving the revisions made by New
Jersey to strengthen the effectiveness of
the State’s SIP.
The specific details of New Jersey’s
SIP submittals and the rationale for the
EPA’s approval action are explained in
the EPA’s proposed rulemaking and are
not restated in this final action. For this
detailed information, the reader is
referred to the EPA’s September 28,
2023, proposed rulemaking (88 FR
66733).
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]]>Agencies
[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Rules and Regulations]
[Pages 83034-83036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26013]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2023-0076; FRL-10663-02-R9]
Air Plan Revisions; California; San Joaquin Valley Unified Air
Pollution Control 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 San Joaquin Valley Unified Air
Pollution Control District (SJVUAPCD) portion of the California State
Implementation Plan (SIP). This revision concerns emissions of
particulate matter (PM) from wood burning devices. We are approving a
local measure that regulates these emission sources under the Clean Air
Act (CAA or the Act).
DATES: This rule is effective December 28, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2023-0076. 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. Statutory and Executive Order Reviews
I. Proposed Action
On April 14, 2023 (88 FR 22978), the EPA proposed to approve the
following measure into the California SIP.
Table 1--Submitted Measure
----------------------------------------------------------------------------------------------------------------
Local agency Resolution No. Measure title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD....................... 21-11-7 Burn Cleaner Fireplace 11/18/2021 03/17/2022
and Woodstove Change-
out Incentive Measure
(``Burn Cleaner
Incentive Measure'').
----------------------------------------------------------------------------------------------------------------
We proposed to approve this measure because we determined that it
complies with the relevant CAA requirements. Our proposed action
contains more information on the measure 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 public comments. The first two
comments fail to identify any issue that is germane to our action on
the measure and are outside the scope of this rulemaking. One of these
comments included offensive content and was therefore not posted to the
public docket. The other comment discusses wildfires and vehicle
emissions. Our response to the third comment from Sheraz Gill, Deputy
Air Pollution Control Officer (APCO) of SJVUAPCD, is below.
Comment: After providing a summary of the measure, the commenter
expresses concerns that, although the measure meets all four integrity
elements necessary for an incentive measure to be fully approvable into
the SIP, the EPA has chosen to not give SIP emission reduction credit.
The commenter states ``. . . the District is concerned with EPA's
proposed approval not including emission reduction credit for this
measure, as the program has achieved and will continue to achieve
significant emissions reductions in the San Joaquin Valley.'' The
commenter recommends that the EPA include in our final approval of this
measure SIP credit for the specific emission reductions quantified.
Response: As explained in our proposal, SJVUAPCD regulates a
PM2.5 nonattainment area classified as Serious for the 1997
(24-hour 65 [mu]g/m\3\ and annual 15 [mu]g/m\3\ limit), 2006 (24-hour
35 [mu]g/m\3\ limit), and 2012 (annual 12 [mu]g/m\3\ limit)
PM2.5 National Ambient Air Quality Standards (NAAQS). The
District adopted the 2018 Plan for the 1997, 2006, and 2012
PM2.5 NAAQS (2018 PM2.5 Plan) in November 2018 to
help bring the District into attainment for these NAAQS.\1\ The 2018
PM2.5 Plan includes aggregate emissions reduction
commitments by the SJVUAPCD to achieve an additional 1.30 tons per day
(tpd), annual average, direct PM2.5
[[Page 83035]]
emission reductions by 2024 and 2025 for the 35 [mu]g/m\3\ 2006 24-hour
PM2.5 NAAQS and 12 [mu]g/m\3\ 2012 annual PM2.5
NAAQS, respectively. The Burn Cleaner Incentive Measure was intended to
fulfill a portion of these aggregate emission reduction commitments, by
achieving 0.33 tpd of direct PM2.5 emission reductions by
2024 and 2025, on an annual average basis.
---------------------------------------------------------------------------
\1\ 2018 PM2.5 Plan, ES-8.
---------------------------------------------------------------------------
However, as noted in our Technical Support Document (TSD), the
Ninth Circuit vacated and remanded a portion of the EPA's approval of
the 2006 24-hour PM2.5 NAAQS portions of the 2018
PM2.5 Plan on April 13, 2022.\2\ Therefore, further work is
needed to evaluate the emissions reductions necessary to attain the
2006 NAAQS by 2024. Additionally, on October 27, 2022, CARB withdrew
the portions of the 2018 PM2.5 Plan pertaining to the
Serious area plan requirements for the 2012 annual PM2.5
NAAQS.\3\ As a result, the State will need to submit a new attainment
plan for the 2012 PM2.5 NAAQS. Therefore, the EPA will
evaluate emission reductions associated with Burn Cleaner Incentive
Measure in the context of future attainment plan actions for the 2006
and 2012 PM2.5 NAAQS.
---------------------------------------------------------------------------
\2\ Medical Advocates for Healthy Air v. EPA, Case No. 20-72780,
Dkt. #58-1 (9th Cir., April 13, 2022).
\3\ Letter from Steven Cliff, Executive Officer, CARB, to Martha
Guzman, Regional Administrator, EPA Region IX, dated October 27,
2022.
---------------------------------------------------------------------------
III. EPA Action
No comments were submitted that change our assessment of the
measure as described in our proposed action. Therefore, as authorized
in section 110(k)(3) of the Act, the EPA is fully approving this
measure into the California SIP.
As stated within the EPA's proposed action, we are codifying this
measure as additional material in the Code of Federal Regulations,
rather than through incorporation by reference, because, under its
terms, the measure contains commitments enforceable only against the
District and because the measure is not a substantive rule of general
applicability.
IV. Statutory and Executive Order Reviews
Under the CAA, 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 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 January 29, 2024. 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, Particulate matter, Reporting
and recordkeeping requirements.
Dated: November 20, 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:
[[Page 83036]]
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)(606) to read as
follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(606) The following materials were submitted on March 17, 2022, by
the Governor's designee as an attachment to a letter dated March 16,
2022.
(i) [Reserved]
(ii) Additional materials. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) San Joaquin Valley Unified Air Pollution Control District
Resolution No. 21-11-7, In the Matter of: State Implementation Credit
for Residential Wood Burning Device Change-Out Incentive Measure,
adopted on November 18, 2021.
(2) [Reserved]
(B) [Reserved]
* * * * *
[FR Doc. 2023-26013 Filed 11-27-23; 8:45 am]
BILLING CODE 6560-50-P
