Air Quality Plans; California; San Luis Obispo County Air Pollution Control District; New Source Review, 90138-90141 [2023-28750]

Download as PDF ddrumheller on DSK120RN23PROD with PROPOSALS1 90138 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. * * • 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 * * 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. * * * * * * * * 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: ■ 16:49 Dec 28, 2023 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] VerDate Sep<11>2014 [FR Doc. 2023–28296 Filed 12–28–23; 8:45 am] Jkt 262001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 (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. E:\FR\FM\29DEP1.SGM 29DEP1 Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Proposed Rules 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. ddrumheller on DSK120RN23PROD with PROPOSALS1 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. VerDate Sep<11>2014 16:49 Dec 28, 2023 Jkt 262001 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. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 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 E:\FR\FM\29DEP1.SGM 29DEP1 90140 Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Proposed Rules 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. ddrumheller on DSK120RN23PROD with PROPOSALS1 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 VerDate Sep<11>2014 16:49 Dec 28, 2023 Jkt 262001 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. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 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. E:\FR\FM\29DEP1.SGM 29DEP1 Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Proposed Rules 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 ddrumheller on DSK120RN23PROD with PROPOSALS1 DATES: VerDate Sep<11>2014 16:49 Dec 28, 2023 Jkt 262001 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 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 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
----------------------------------------------------------------------------------------------------------------
             Agency                    Rule #               Rule title              Adopted       Submitted \1\
----------------------------------------------------------------------------------------------------------------
SLOCAPCD........................             224   Federal Requirements for           01/26/22         07/05/22
                                                    New and Modified Major
                                                    Sources in Non-Attainment
                                                    Areas.
----------------------------------------------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \1\ The submittal was transmitted to the EPA via a letter from 
CARB dated July 5, 2022.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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]
BILLING CODE 6560-50-P
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