Air Quality Implementation Plan; California; Great Basin Unified Air Pollution Control District; Stationary Source Permits, 88255-88257 [2023-27889]
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khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Rules and Regulations
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
VerDate Sep<11>2014
15:43 Dec 20, 2023
Jkt 262001
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. 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 February 20,
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,
Nitrogen oxides, Reporting and
recordkeeping requirements.
Dated: December 14, 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:
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
88255
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
revising the introductory text of
paragraph (c)(557) and adding
paragraph (c)(557)(i)(B)(2) to read as
follows:
■
§ 52.220
Identification of plan—in part.
*
*
*
*
*
(c) * * *
(557) The following rules were
submitted on September 21, 2020, by
the Governor’s designee as an
attachment to a letter dated September
18, 2020.
(i) * * *
(B) * * *
(2) Rule 69.2.1, ‘‘Small Boilers,
Process Heaters, Steam Generators, and
Large Water Heaters,’’ revised on July 8,
2020.
*
*
*
*
*
[FR Doc. 2023–27876 Filed 12–20–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2022–0925; FRL–10943–
02–R9]
Air Quality Implementation Plan;
California; Great Basin Unified Air
Pollution Control District; Stationary
Source Permits
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing a revision to
the Great Basin Unified Air Pollution
Control District’s (GBUAPCD or
‘‘District’’) portion of the California
State Implementation Plan (SIP). This
revision governs the District’s issuance
of permits for stationary sources, and
focuses on the preconstruction review
and permitting of major sources and
major modifications under part D of title
I of the Clean Air Act (CAA or ‘‘the
Act’’).
SUMMARY:
DATES:
This rule is effective January 22,
2024.
The EPA has established a
docket for this action under Docket No.
EPA–R09–OAR–2022–0925. All
ADDRESSES:
E:\FR\FM\21DER1.SGM
21DER1
88256
Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Rules and Regulations
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
section. 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.
INFORMATION CONTACT
FOR FURTHER INFORMATION CONTACT:
Nidia Trejo, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105; by phone: (415) 972–3968, or by
email at trejo.nidia@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘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 August 28, 2023,1 the EPA
proposed to approve the rule listed in
Table 1 into the California SIP.
TABLE 1—SUBMITTED RULE
Local agency
Rule No.
Rule title
GBUAPCD ........
Rule 222 ........
NSR Requirements for New and Modified Major Sources in Nonattainment Areas.
For areas designated nonattainment
for one or more National Ambient Air
Quality Standards (NAAQS), the
applicable SIP must include
preconstruction review and permitting
requirements for new or modified major
stationary sources of such
nonattainment pollutant(s) under part D
of title I of the Act, commonly referred
to as Nonattainment New Source
Review (NNSR). The rule listed in Table
1 contains the GBUAPCD’s NNSR
permit program applicable to new and
modified major sources located in the
District. Our proposed action contains
more information on the rule and our
evaluation.
khammond on DSKJM1Z7X2PROD with RULES
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received one comment,
which was supportive of our proposal.
III. EPA Action
We received one comment that was
supportive of our proposed action and
did not change our findings regarding
Rule 222. We continue to find that Rule
222 satisfies the relevant requirements
for a CAA NNSR program for PM10, as
well as the associated visibility
requirements for sources subject to
review under such a program in
accordance with 40 CFR 51.307.
Therefore, as authorized in section
110(k)(3) of the Act, the EPA is
approving the submitted rule. This
action incorporates the submitted rule
into the California SIP. In conjunction
with the EPA’s SIP approval of the
District’s visibility program for sources
subject to the NNSR program, this
1 88
Adopted
action also revises the scope of the
visibility Federal Implementation Plan
(FIP) at 40 CFR 52.281 for California so
that this FIP no longer applies to
sources located in the GBUAPCD
nonattainment areas that are subject to
the District’s visibility program.
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 incorporating by
reference Great Basin Unified Air
Pollution Control District’s Rule 222 as
described in Section I of this preamble.
Rule 222 governs the District’s issuance
of permits for stationary sources, and
focuses on the preconstruction review
and permitting of major sources and
major modifications under part D of title
I of the Clean Air Act (CAA or ‘‘the
Act’’). The EPA has made, and will
continue to make, these materials
available through https://
www.regulations.gov and in hard copy
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
15:43 Dec 20, 2023
Jkt 262001
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
07/05/22
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 proposes to approve 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
FR 58538.
VerDate Sep<11>2014
01/06/22
Submitted
E:\FR\FM\21DER1.SGM
21DER1
khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Rules and Regulations
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 District 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. Consideration of EJ is not
required as part of this action, and there
is no information in the record
inconsistent with the stated goals 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 February 20,
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
VerDate Sep<11>2014
15:43 Dec 20, 2023
Jkt 262001
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,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate Matter, Reporting and
recordkeeping requirements.
Dated: December 14, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended 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)(607) to read as
follows:
■
§ 52.220
Identification of plan-in part.
*
*
*
*
*
(c) * * *
(607) The following regulations were
submitted on July 5, 2022, by the
Governor’s designee.
(ii) Incorporation by reference. (A)
Great Basin Unified Air Pollution
Control District.
(ii) Rule 222, ‘‘New Source Review
Requirements for New and Modified
Major Sources in Nonattainment Areas,’’
adopted on January 6, 2022.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
3. Section 52.281 is amended by
adding paragraph (d)(13) to read as
follows:
■
§ 52.281
Visibility protection.
*
*
*
*
*
(d) * * *
(13) Great Basin Unified Air Pollution
Control District.
*
*
*
*
*
[FR Doc. 2023–27889 Filed 12–20–23; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
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88257
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CG Docket Nos. 03–123, 10–51, 13–24 and
WC Docket No. 12–375; FCC 22–51; FCC
22–76; FR ID 191657]
VRS and IP CTS—Commencement of
Pending User Registration; Rates for
Interstate Inmate Calling Services
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective and compliance dates.
AGENCY:
In this document, the Federal
Communications Commission (FCC or
Commission) announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
information collection associated with
certain rules adopted in the
Commission’s documents
Telecommunications Relay Services and
Speech-to-Speech Services for
Individuals with Hearing and Speech
Disabilities et al., Report and Order,
FCC 22–51, and Rates for Interstate
Inmate Calling Services, Fourth Report
and Order, FCC 22–76. This document
is consistent with the Report and
Orders, which stated that the
Commission would publish a document
in the Federal Register announcing the
effective date of those rules.
DATES:
Effective date: The amendments to
§§ 64.611(k)(1)(i) through (iii)
(amendatory instruction 6), 64.6040(c)
(amendatory instruction 11), and
64.6060(a)(5) through (7) (amendatory
instruction 12), published at 87 FR
75496, December 9, 2022, are effective
December 21, 2023.
Compliance dates: Compliance with
§ 64.6040(b)(2), published at 87 FR
75496, December 9, 2022, is required by
January 1, 2024. Compliance with
§§ 64.611(a)(4)(iii) and (iv) and
64.615(a)(6)(v) and (vi), published at 87
FR 57645, September 21, 2022, for
providers of video relay service (VRS),
is required on December 21, 2023.
FOR FURTHER INFORMATION CONTACT:
Michael Scott, Disability Rights Office,
Consumer and Governmental Affairs
Bureau, at (202) 418–1264, or email:
Michael.Scott@fcc.gov.
SUPPLEMENTARY INFORMATION: This
document announces that, on December
5, 2023, and December 13, 2023, OMB
approved, for a period of three years, the
information collection requirements
contained in the Commission’s Report
and Order, FCC 22–51, published at 87
FR 57645, September 21, 2022, and
SUMMARY:
E:\FR\FM\21DER1.SGM
21DER1
]]>Agencies
[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Rules and Regulations]
[Pages 88255-88257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27889]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0925; FRL-10943-02-R9]
Air Quality Implementation Plan; California; Great Basin Unified
Air Pollution Control District; Stationary Source Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing a
revision to the Great Basin Unified Air Pollution Control District's
(GBUAPCD or ``District'') portion of the California State
Implementation Plan (SIP). This revision governs the District's
issuance of permits for stationary sources, and focuses on the
preconstruction review and permitting of major sources and major
modifications under part D of title I of the Clean Air Act (CAA or
``the Act'').
DATES: This rule is effective January 22, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R09-OAR-2022-0925. All
[[Page 88256]]
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. 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: Nidia Trejo, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105; by phone: (415) 972-3968, or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``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 August 28, 2023,\1\ the EPA proposed to approve the rule listed
in Table 1 into the California SIP.
---------------------------------------------------------------------------
\1\ 88 FR 58538.
Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
GBUAPCD..................... Rule 222.................. NSR Requirements for 01/06/22 07/05/22
New and Modified
Major Sources in
Nonattainment Areas.
----------------------------------------------------------------------------------------------------------------
For areas designated nonattainment for one or more National Ambient
Air Quality Standards (NAAQS), the applicable SIP must include
preconstruction review and permitting requirements for new or modified
major stationary sources of such nonattainment pollutant(s) under part
D of title I of the Act, commonly referred to as Nonattainment New
Source Review (NNSR). The rule listed in Table 1 contains the GBUAPCD's
NNSR permit program applicable to new and modified major sources
located in the District. 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 one comment, which was supportive of
our proposal.
III. EPA Action
We received one comment that was supportive of our proposed action
and did not change our findings regarding Rule 222. We continue to find
that Rule 222 satisfies the relevant requirements for a CAA NNSR
program for PM10, as well as the associated visibility
requirements for sources subject to review under such a program in
accordance with 40 CFR 51.307. Therefore, as authorized in section
110(k)(3) of the Act, the EPA is approving the submitted rule. This
action incorporates the submitted rule into the California SIP. In
conjunction with the EPA's SIP approval of the District's visibility
program for sources subject to the NNSR program, this action also
revises the scope of the visibility Federal Implementation Plan (FIP)
at 40 CFR 52.281 for California so that this FIP no longer applies to
sources located in the GBUAPCD nonattainment areas that are subject to
the District's visibility program.
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 incorporating by reference Great Basin Unified Air
Pollution Control District's Rule 222 as described in Section I of this
preamble. Rule 222 governs the District's issuance of permits for
stationary sources, and focuses on the preconstruction review and
permitting of major sources and major modifications under part D of
title I of the Clean Air Act (CAA or ``the Act''). The EPA has made,
and will continue to make, these materials available through https://www.regulations.gov and in hard copy 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 proposes to approve 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
[[Page 88257]]
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 District 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.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goals 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 February 20, 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, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Particulate Matter, Reporting and recordkeeping
requirements.
Dated: December 14, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended 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)(607) to read as
follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(607) The following regulations were submitted on July 5, 2022, by
the Governor's designee.
(ii) Incorporation by reference. (A) Great Basin Unified Air
Pollution Control District.
(ii) Rule 222, ``New Source Review Requirements for New and
Modified Major Sources in Nonattainment Areas,'' adopted on January 6,
2022.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
0
3. Section 52.281 is amended by adding paragraph (d)(13) to read as
follows:
Sec. 52.281 Visibility protection.
* * * * *
(d) * * *
(13) Great Basin Unified Air Pollution Control District.
* * * * *
[FR Doc. 2023-27889 Filed 12-20-23; 8:45 am]
BILLING CODE 6560-50-P
