Air Quality Plans; California; San Luis Obispo County Air Pollution Control District; New Source Review, 90138-90141 [2023-28750]
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Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Proposed Rules
acknowledge his or her signature on the
PS Form 1583 in the physical or virtual
(in real-time audio and video) presence
of the CMRA owner, manager, or
authorized employee, or acknowledge
his or her signature on the PS Form
1583 in the physical or virtual (in realtime audio and video) presence of a
notary public.
These proposed clarifications are
reflected in proposed corresponding
revisions to the applicable provisions of
PS Form 1583, including:
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301–
307; 18 U.S.C. 1692–1737; 39 U.S.C. 101,
401, 403, 404, 414, 416, 3001–3011, 3201–
3219, 3403–3406, 3621, 3622, 3626, 3632,
3633, and 5001.
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*
• Revising the notarial statement to read
‘‘Notary Public in and for the STATE OF
lll, COUNTY OF lll. On this lll
day of lll, 20ll, the applicant lll,
who proved to me on the basis of satisfactory
evidence to be the person whose name is
subscribed to this application, appeared
before me, and acknowledged his or her
signature.’’; and
• Adding the following statement to the
Note on the second page of PS Form 1583:
‘‘The applicant must sign or acknowledge his
or her signature in the physical or virtual (in
real-time audio and video) presence of the
agent or his or her authorized employee, or
acknowledge his or her signature in the
physical or virtual (in real-time audio and
video) presence of a notary public
commissioned in a United States state,
territory, possession, or the District of
Columbia.’’.
500
Additional Mailing Services
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2. Revise the Mailing Standards of the
United States Postal Service, Domestic
Mail Manual (DMM) as follows:
■
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM)
*
*
*
*
*
*
508
Recipient Services
1.0
Recipient Options
*
*
*
*
*
1.8 Commercial Mail Receiving
Agencies
*
*
*
*
*
1.8.3 Delivery to CMRA
Procedures for delivery to a CMRA are
as follows:
*
*
*
*
*
[Revise the first sentence of item a3 to
read as follows:]
The addressee must sign or
acknowledge his or her signature in the
physical or virtual (in real-time audio
and video) presence of the CMRA owner
or manager or authorized employee, or
acknowledge his or her signature in the
physical or virtual (in real-time audio
and video) presence of a notary public
commissioned in a United States state,
territory, possession, or the District of
Columbia. * * *
*
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After consideration of comments, and
assuming that the Postal Service still
intends to pursue these revisions as a
final rule, the Postal Service will aim to
implement any change effective
February 1, 2024.
We believe this proposed revision
will provide CMRA owners/managers
with a more efficient process for
accepting the PS Form 1583 and
establishing mail delivery for a private
mailbox (PMB) customer of the CMRA.
Although exempt from the notice and
comment requirements of the
Administrative Procedure Act (5 U.S.C.
553(b), (c)) regarding proposed
rulemaking by 39 U.S.C. 410(a), the
Postal Service invites public comment
on the proposed revisions to Mailing
Standards of the United States Postal
Service, Domestic Mail Manual (DMM),
incorporated by reference in the Code of
Federal Regulations.
We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes.
Colleen Hibbert-Kapler,
Attorney, Ethics and Legal Compliance.
List of Subjects in 39 CFR Part 111
Administrative practice and
procedure, Postal Service.
Accordingly, 39 CFR part 111 is
proposed to be amended as follows:
AGENCY:
1. The authority citation for 39 CFR
part 111 continues to read as follows:
■
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BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2023–0449; FRL–11378–
01–R9]
Air Quality Plans; California; San Luis
Obispo County Air Pollution Control
District; New Source Review
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the San Luis Obispo County
Air Pollution Control District
SUMMARY:
PART 111—[AMENDED]
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(SLOCAPCD or ‘‘District’’) portion of the
California State Implementation Plan
(SIP). In this action, we are proposing to
approve a rule submitted by the
SLOCAPCD governing the issuance of
permits for stationary sources, focusing
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’’).
This action also proposes to revise
regulatory text to clarify that the District
is not subject to the Federal
Implementation Plan related to the
protection of visibility. We are taking
comments on this proposal and plan to
follow with a final action.
DATES: Comments must be received on
or before January 29, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2023–0449 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information the disclosure of
which is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the web,
cloud, or other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. 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:
Manny Aquitania, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3977, or by
email at aquitania.manny@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
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B. Does the rule meet the evaluation
criteria?
C. Proposed action and public comment
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
Table of Contents
I. The State’s Submittal
A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted
rule?
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rule?
90139
I. The State’s Submittal
A. What rule did the State submit?
Table 1 lists the rule addressed by this
proposal with the dates on which it was
adopted by the local air agency and
submitted by the California Air
Resources Board (CARB or ‘‘the State’’).
TABLE 1—SUBMITTED RULE
Agency
Rule #
Rule title
Adopted
Submitted 1
SLOCAPCD ......
224
Federal Requirements for New and Modified Major Sources in Non-Attainment Areas.
01/26/22
07/05/22
On January 5, 2023, the submittal for
Rule 224 was deemed by operation of
law to meet the completeness criteria in
40 CFR part 51 Appendix V, which
must be met before formal EPA review.
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B. Are there other versions of this rule?
There are no previous versions of
Rule 224 in the SIP.
C. What is the purpose of the submitted
rule?
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). In addition, to
implement CAA section 169A, 40 CFR
51.307(b) requires that NNSR programs
provide for review of any major
stationary source or major modification
that may have an impact on visibility in
any mandatory Class I Federal area.
Because the eastern portion of San Luis
Obispo County is designated as a federal
ozone nonattainment area for the 2008
and 2015 ozone NAAQS, with a
Marginal classification, the CAA
requires the District to have a SIPapproved NNSR program for new and
modified major sources located in the
ozone nonattainment area that are under
its jurisdiction.2
Rule 224 is intended to address the
CAA’s statutory and regulatory
requirements for NNSR permit programs
for major sources emitting
1 The submittal was transmitted to the EPA via a
letter from CARB dated July 5, 2022.
2 The relevant nonattainment designation and
classification history for the ozone NAAQS for the
eastern portion of San Luis Obispo County is
provided in our Technical Support Document (TSD)
for this action, which can be found in the docket
for this rule. Information regarding the District’s
attainment/nonattainment status for other criteria
pollutants is also included in our TSD.
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nonattainment air pollutants and their
precursors in the areas within the
District that are designated
nonattainment for the NAAQS,
including the implementing regulations
at 40 CFR 51.160–51.165, and the
relevant regulatory requirements at 40
CFR 51.307.
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rule?
The EPA reviewed Rule 224 for
compliance with CAA requirements for:
(1) stationary source preconstruction
permitting programs as set forth in CAA
part D, including CAA sections 172(c)(5)
and 173; (2) the review and
modification of major sources in
accordance with 40 CFR 51.160–51.165
as applicable in a Marginal ozone
nonattainment area; (3) the review of
new major stationary sources or major
modifications in a designated
nonattainment area that may have an
impact on visibility in any mandatory
Class I Federal area in accordance with
40 CFR 51.307; (4) SIPs in general as set
forth in CAA sections 110(a)(2),
including 110(a)(2)(A) and
110(a)(2)(E)(i); 3 and (5) SIP revisions as
set forth in CAA section 110(l) 4 and
193.5 Our review evaluated the
submittal for compliance with the
NNSR requirements applicable to ozone
3 CAA section 110(a)(2)(A) requires that
regulations submitted to the EPA for SIP approval
be clear and legally enforceable, and CAA section
110(a)(2)(E)(i) requires that states have adequate
personnel, funding, and authority under state law
to carry out their proposed SIP revisions.
4 CAA section 110(l) requires SIP revisions to be
subject to reasonable notice and public hearing
prior to adoption and submittal by states to the EPA
and prohibits the EPA from approving any SIP
revision that would interfere with any applicable
requirement concerning attainment and reasonable
further progress, or any other applicable
requirement of the CAA.
5 CAA section 193 prohibits the modification of
any SIP-approved control requirement in effect
before November 15, 1990 in a nonattainment area,
unless the modification ensures equivalent or
greater emission reductions of the relevant
pollutants.
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nonattainment areas classified as
Marginal, and ensured that the
submittal addressed the NNSR
requirements for the 2008 and 2015
ozone NAAQS.
B. Does the rule meet the evaluation
criteria?
With respect to procedural
requirements, CAA sections 110(a)(2)
and 110(l) require that revisions to a SIP
be adopted by the state after reasonable
notice and public hearing. Based on our
review of the public process
documentation included in the July 5,
2022 submittal of Rule 224, we find that
the District has provided sufficient
evidence of public notice, opportunity
for comment and a public hearing prior
to adoption and submittal of the rule to
the EPA.
With respect to the substantive
requirements found in CAA sections
172(c)(5) and 173, and 40 CFR 51.160–
51.165, we have evaluated Rule 224 in
accordance with the applicable CAA
and regulatory requirements that apply
to NNSR permit programs under part D
of title I of the Act for all relevant ozone
NAAQS. We find that Rule 224 satisfies
these requirements as they apply to
sources subject to NNSR permit program
requirements for ozone nonattainment
areas classified as Marginal. We have
also determined that these rules satisfy
the related visibility requirements in 40
CFR 51.307. In addition, we have
determined that the Rule 224 satisfies
the requirement in CAA section
110(a)(2)(A) that regulations submitted
to the EPA for SIP approval be clear and
legally enforceable, and have
determined that the submittal
demonstrates in accordance with CAA
section 110(a)(2)(E)(i) that the District
has adequate personnel, funding, and
authority under state law to carry out
this proposed SIP revision.
Regarding the additional substantive
requirements of CAA sections 110(l) and
193, our action will result in a more
stringent SIP, while not relaxing any
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existing provision contained in the SIP.
We have concluded that our action
would comply with section 110(l)
because our approval of this rule will
not interfere with any applicable
requirement concerning attainment and
reasonable further progress, or any other
CAA applicable requirement. In
addition, our approval of this rule will
not relax any pre-November 15, 1990
requirement in the SIP, and therefore
changes to the SIP resulting from this
action ensure greater or equivalent
emission reductions of the
nonattainment pollutants and their
precursors in the District; accordingly,
we have concluded that our action is
consistent with the requirements of
CAA section 193.
Our TSD, which can be found in the
docket for this rule, contains a more
detailed discussion of our analysis of
Rule 224.
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C. Proposed Action and Public
Comment
As authorized in section 110(k)(3) of
the Act, the EPA proposes to fully
approve the submitted rule because it
fulfills all relevant requirements.
We have concluded that our approval
of the submitted rule would comply
with the relevant provisions of CAA
sections 110(a)(2), 110(l), 172(c)(5), 173,
and 193, and 40 CFR 51.160–51.165 and
40 CFR 51.307. If we finalize this action
as proposed, our action will be codified
through revisions to 40 CFR 52.220a
(Identification of plan-in part).
In conjunction with the EPA’s SIP
approval of the District’s visibility
provisions for sources subject to the
NNSR program as meeting the relevant
requirements of 40 CFR 51.307, this
action would also revise the regulatory
provision at 40 CFR 52.281(d)
concerning the applicability of the
visibility Federal Implementation Plan
(FIP) at 40 CFR 52.28 as it pertains to
California, to provide that this FIP does
not apply to sources subject to review
under the District’s SIP-approved NNSR
program.
We will accept comments from the
public on this proposal until January 29,
2024.
III. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
Rule 224, ‘‘Federal Requirements for
New and Modified Major Sources in
Non-Attainment Areas,’’ adopted on
January 26, 2022. Rule 224 is intended
to address the CAA’s statutory and
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regulatory requirements for
Nonattainment New Source Review
permit programs for major sources
emitting nonattainment air pollutants
and their precursors under part D of title
I of the CAA. The EPA has made, and
will continue to make, these materials
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).
IV. 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 proposed action
merely proposes to approve state law as
meeting federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed 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.
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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.
List of Subjects in 40 CFR Part 52
Administrative practice and
procedure, Environmental protection,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, and
Volatile organic compounds.
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Dated: December 21, 2023.
Cheree Peterson,
Acting Regional Administrator, Region IX.
[FR Doc. 2023–28750 Filed 12–28–23; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket No. 23–234; FCC 23–92; FRS
ID 190276]
Schools and Libraries Cybersecurity
Pilot Program
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) proposes a three-year
pilot program within the Universal
Service Fund (USF or Fund) to provide
up to $200 million available to support
cybersecurity and advanced firewall
services for eligible schools and
libraries.
SUMMARY:
Comments are due on or before
January 29, 2024 and reply comments
are due on or before February 27, 2024.
Written comments on the Paperwork
Reduction Act proposed information
collection requirements must be
submitted by the public, Office of
Management and Budget (OMB), and
other interested parties on or before
February 27, 2024.
ADDRESSES: Pursuant to §§ 1.415 and
1.419 of the Commission’s rules, 47 CFR
1.415, 1.419, interested parties may file
comments and reply comments. You
may submit comments, identified by
WC Docket No. 23–234, by any of the
following methods:
• Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: https://
www.fcc.gov/ecfs/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing.
• Filings can be sent by commercial
overnight courier or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
• U.S. Postal Service first-class,
Express, and Priority mail must be
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DATES:
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addressed to 45 L Street NE,
Washington, DC 20554.
• Effective March 19, 2020, and until
further notice, the Commission no
longer accepts any hand or messenger
delivered filings at its headquarters.
This is a temporary measure taken to
help protect the health and safety of
individuals, and to mitigate the
transmission of COVID–19. See FCC
Announces Closure of FCC
Headquarters Open Window and
Change in Hand-Delivery Policy, Public
Notice, DA 20–304 (March 19, 2020),
https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy.
• People With Disabilities: 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).
• Availability of Documents:
Comments, reply comments, and ex
parte submissions will be publicly
available online via ECFS.
FOR FURTHER INFORMATION CONTACT:
Joseph Schlingbaum
Joseph.Schlingbaum@fcc.gov in the
Telecommunications Access Policy
Division, Wireline Competition Bureau,
202–418–7400 or TTY: 202–418–0484.
For information regarding the PRA
information collection requirements
contained in this PRA, contact Nicole
Ongele, Office of Managing Director, at
202–418–2991 or Nicole.Ongele@
fcc.gov. Requests for accommodations
should be made as soon as possible in
order to allow the agency to satisfy such
requests whenever possible. Send an
email to fcc504@fcc.gov or call the
Consumer and Governmental Affairs
Bureau at (202) 418–0530.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Schools
and Libraries Cybersecurity Pilot
Program, Notice of Proposed
Rulemaking (NPRM) in WC Docket No.
23–234; FCC 23–92, adopted November
8, 2023 and released November 13,
2023. The full text of this document is
available at the following internet
address: https://www.fcc.gov/document/
fcc-proposes-schools-librariescybersecurity-pilot-program-0.
Initial Paperwork Reduction Act of
1995 Analysis
This document contains proposed
information collection requirements.
The Commission, as part of its
continuing effort to reduce paperwork
burdens, invites the general public and
the Office of Management and Budget
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90141
(OMB) to comment on the information
collection requirements contained in
this document, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13. Public and agency
comments are due February 27, 2024.
Comments should address: (a) whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Commission,
including whether the information shall
have practical utility; (b) the accuracy of
the Commission’s burden estimates; (c)
ways to enhance the quality, utility, and
clarity of the information collected; (d)
ways to minimize the burden of the
collection of information on the
respondents, including the use of
automated collection techniques or
other forms of information technology;
and (e) way to further reduce the
information collection burden on small
business concerns with fewer than 25
employees. In addition, pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4), the Commission seeks
specific comment on how it might
further reduce the information
collection burden for small business
concerns with fewer than 25 employees.
OMB Control Number: 3060–XXXX.
Title: Schools and Libraries
Cybersecurity Pilot Program.
Form Numbers: FCC Forms 470, 471,
472, 474—Cybersecurity, 484 and 488—
Cybersecurity.
Type of Review: New collection.
Respondents: State, local or tribal
government institutions, and other notfor-profit institutions.
Number of Respondents and
Responses: 23,000 respondents; 201,100
responses.
Estimated Time per Response: 4 hours
for FCC Form 470—Cybersecurity, 5
hours for FCC Form 471—Cybersecurity,
1.75 hours for FCC Forms 472/474—
Cybersecurity, 15 hours for FCC Form
484, and 1 hour for FCC Form 488—
Cybersecurity.
Frequency of Response: On occasion
and annual reporting requirements, and
recordkeeping requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this collection of
information is contained in sections 1–
4, 201–202, 254, 303(r), and 403 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151–154, 201–202,
254, 303(r), and 403.
Total Annual Burden: 743,900 hours.
Total Annual Cost: No Cost.
Needs and Uses: The information
collected is designed to obtain
information from applicants and service
providers that will be used by the
Commission and/or USAC to evaluate
E:\FR\FM\29DEP1.SGM
29DEP1
Agencies
[Federal Register Volume 88, Number 249 (Friday, December 29, 2023)]
[Proposed Rules]
[Pages 90138-90141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28750]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2023-0449; FRL-11378-01-R9]
Air Quality Plans; California; San Luis Obispo County Air
Pollution Control District; New Source Review
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the San Luis Obispo County Air Pollution Control
District (SLOCAPCD or ``District'') portion of the California State
Implementation Plan (SIP). In this action, we are proposing to approve
a rule submitted by the SLOCAPCD governing the issuance of permits for
stationary sources, focusing 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''). This action also
proposes to revise regulatory text to clarify that the District is not
subject to the Federal Implementation Plan related to the protection of
visibility. We are taking comments on this proposal and plan to follow
with a final action.
DATES: Comments must be received on or before January 29, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2023-0449 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Multimedia submissions
(audio, video, etc.) must be accompanied by a written comment. The
written comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. 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: Manny Aquitania, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3977, or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
[[Page 90139]]
Table of Contents
I. The State's Submittal
A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted rule?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule?
B. Does the rule meet the evaluation criteria?
C. Proposed action and public comment
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rule did the State submit?
Table 1 lists the rule addressed by this proposal with the dates on
which it was adopted by the local air agency and submitted by the
California Air Resources Board (CARB or ``the State'').
Table 1--Submitted Rule
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Agency Rule # Rule title Adopted Submitted \1\
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SLOCAPCD........................ 224 Federal Requirements for 01/26/22 07/05/22
New and Modified Major
Sources in Non-Attainment
Areas.
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On January 5, 2023, the submittal for Rule 224 was deemed by
operation of law to meet the completeness criteria in 40 CFR part 51
Appendix V, which must be met before formal EPA review.
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\1\ The submittal was transmitted to the EPA via a letter from
CARB dated July 5, 2022.
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B. Are there other versions of this rule?
There are no previous versions of Rule 224 in the SIP.
C. What is the purpose of the submitted rule?
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). In addition, to implement CAA section 169A, 40
CFR 51.307(b) requires that NNSR programs provide for review of any
major stationary source or major modification that may have an impact
on visibility in any mandatory Class I Federal area. Because the
eastern portion of San Luis Obispo County is designated as a federal
ozone nonattainment area for the 2008 and 2015 ozone NAAQS, with a
Marginal classification, the CAA requires the District to have a SIP-
approved NNSR program for new and modified major sources located in the
ozone nonattainment area that are under its jurisdiction.\2\
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\2\ The relevant nonattainment designation and classification
history for the ozone NAAQS for the eastern portion of San Luis
Obispo County is provided in our Technical Support Document (TSD)
for this action, which can be found in the docket for this rule.
Information regarding the District's attainment/nonattainment status
for other criteria pollutants is also included in our TSD.
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Rule 224 is intended to address the CAA's statutory and regulatory
requirements for NNSR permit programs for major sources emitting
nonattainment air pollutants and their precursors in the areas within
the District that are designated nonattainment for the NAAQS, including
the implementing regulations at 40 CFR 51.160-51.165, and the relevant
regulatory requirements at 40 CFR 51.307.
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule?
The EPA reviewed Rule 224 for compliance with CAA requirements for:
(1) stationary source preconstruction permitting programs as set forth
in CAA part D, including CAA sections 172(c)(5) and 173; (2) the review
and modification of major sources in accordance with 40 CFR 51.160-
51.165 as applicable in a Marginal ozone nonattainment area; (3) the
review of new major stationary sources or major modifications in a
designated nonattainment area that may have an impact on visibility in
any mandatory Class I Federal area in accordance with 40 CFR 51.307;
(4) SIPs in general as set forth in CAA sections 110(a)(2), including
110(a)(2)(A) and 110(a)(2)(E)(i); \3\ and (5) SIP revisions as set
forth in CAA section 110(l) \4\ and 193.\5\ Our review evaluated the
submittal for compliance with the NNSR requirements applicable to ozone
nonattainment areas classified as Marginal, and ensured that the
submittal addressed the NNSR requirements for the 2008 and 2015 ozone
NAAQS.
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\3\ CAA section 110(a)(2)(A) requires that regulations submitted
to the EPA for SIP approval be clear and legally enforceable, and
CAA section 110(a)(2)(E)(i) requires that states have adequate
personnel, funding, and authority under state law to carry out their
proposed SIP revisions.
\4\ CAA section 110(l) requires SIP revisions to be subject to
reasonable notice and public hearing prior to adoption and submittal
by states to the EPA and prohibits the EPA from approving any SIP
revision that would interfere with any applicable requirement
concerning attainment and reasonable further progress, or any other
applicable requirement of the CAA.
\5\ CAA section 193 prohibits the modification of any SIP-
approved control requirement in effect before November 15, 1990 in a
nonattainment area, unless the modification ensures equivalent or
greater emission reductions of the relevant pollutants.
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B. Does the rule meet the evaluation criteria?
With respect to procedural requirements, CAA sections 110(a)(2) and
110(l) require that revisions to a SIP be adopted by the state after
reasonable notice and public hearing. Based on our review of the public
process documentation included in the July 5, 2022 submittal of Rule
224, we find that the District has provided sufficient evidence of
public notice, opportunity for comment and a public hearing prior to
adoption and submittal of the rule to the EPA.
With respect to the substantive requirements found in CAA sections
172(c)(5) and 173, and 40 CFR 51.160-51.165, we have evaluated Rule 224
in accordance with the applicable CAA and regulatory requirements that
apply to NNSR permit programs under part D of title I of the Act for
all relevant ozone NAAQS. We find that Rule 224 satisfies these
requirements as they apply to sources subject to NNSR permit program
requirements for ozone nonattainment areas classified as Marginal. We
have also determined that these rules satisfy the related visibility
requirements in 40 CFR 51.307. In addition, we have determined that the
Rule 224 satisfies the requirement in CAA section 110(a)(2)(A) that
regulations submitted to the EPA for SIP approval be clear and legally
enforceable, and have determined that the submittal demonstrates in
accordance with CAA section 110(a)(2)(E)(i) that the District has
adequate personnel, funding, and authority under state law to carry out
this proposed SIP revision.
Regarding the additional substantive requirements of CAA sections
110(l) and 193, our action will result in a more stringent SIP, while
not relaxing any
[[Page 90140]]
existing provision contained in the SIP. We have concluded that our
action would comply with section 110(l) because our approval of this
rule will not interfere with any applicable requirement concerning
attainment and reasonable further progress, or any other CAA applicable
requirement. In addition, our approval of this rule will not relax any
pre-November 15, 1990 requirement in the SIP, and therefore changes to
the SIP resulting from this action ensure greater or equivalent
emission reductions of the nonattainment pollutants and their
precursors in the District; accordingly, we have concluded that our
action is consistent with the requirements of CAA section 193.
Our TSD, which can be found in the docket for this rule, contains a
more detailed discussion of our analysis of Rule 224.
C. Proposed Action and Public Comment
As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rule because it fulfills all relevant
requirements.
We have concluded that our approval of the submitted rule would
comply with the relevant provisions of CAA sections 110(a)(2), 110(l),
172(c)(5), 173, and 193, and 40 CFR 51.160-51.165 and 40 CFR 51.307. If
we finalize this action as proposed, our action will be codified
through revisions to 40 CFR 52.220a (Identification of plan-in part).
In conjunction with the EPA's SIP approval of the District's
visibility provisions for sources subject to the NNSR program as
meeting the relevant requirements of 40 CFR 51.307, this action would
also revise the regulatory provision at 40 CFR 52.281(d) concerning the
applicability of the visibility Federal Implementation Plan (FIP) at 40
CFR 52.28 as it pertains to California, to provide that this FIP does
not apply to sources subject to review under the District's SIP-
approved NNSR program.
We will accept comments from the public on this proposal until
January 29, 2024.
III. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference Rule 224, ``Federal Requirements for New and Modified Major
Sources in Non-Attainment Areas,'' adopted on January 26, 2022. Rule
224 is intended to address the CAA's statutory and regulatory
requirements for Nonattainment New Source Review permit programs for
major sources emitting nonattainment air pollutants and their
precursors under part D of title I of the CAA. The EPA has made, and
will continue to make, these materials 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).
IV. 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 proposed action merely proposes to approve state law
as meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed 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 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.
List of Subjects in 40 CFR Part 52
Administrative practice and procedure, Environmental protection,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, and Volatile organic compounds.
[[Page 90141]]
Dated: December 21, 2023.
Cheree Peterson,
Acting Regional Administrator, Region IX.
[FR Doc. 2023-28750 Filed 12-28-23; 8:45 am]
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