Air Plan Revisions; California; Sacramento Air Quality Management District, 15962-15964 [2024-04708]
Download as PDF
15962
Federal Register / Vol. 89, No. 45 / Wednesday, March 6, 2024 / Rules and Regulations
(1) If your voyage time to CIP 2 is 96
hours or more, you must submit an
ENOA 96 hours before entering the
Seaway at CIP 2.
(2) If your voyage time to CIP 2 is less
than 96 hours, you must submit an
ENOA before departure, but at least 24
hours before entering the Seaway at CIP
2.
(3) If there are changes to the ENOA,
submit them as soon as practicable but
at least 12 hours before entering the
Seaway at CIP 2.
(4) The NOA must be provided
electronically following the USCG
National Vessel Movement Center’s
(NVMC) procedures (https://
www.nvmc.uscg.gov).
(5) To complete the ENOA correctly
for Seaway entry, select the following:
(i) ‘‘CIP 2’’ as the Arrival Port,
(ii) ‘‘Foreign to Saint Lawrence
Seaway’’ as the Voyage Type, and
(iii) ‘‘Saint Lawrence Seaway Transit’’
as the Arrival State, City and Receiving
Facility.
(b) Foreign Vessel Inspection
program:
(1) Enhanced Ship Inspections (ESI)—
physical vessel inspection: Foreign
flagged vessels are subject to a Seaway
inspection once every two navigation
seasons. Agents must provide an initial
notice of inspection 120 hours prior to
the ship’s arrival at CIP2. (to:
inspecteursvm@seaway.ca and to vtc@
dot.gov).
(2) Subject to satisfactory
performance, a Self-Inspection may be
permitted in the interim season. Vessel
to complete a Foreign Self Inspection
report and submit electronically to
inspecteursvm@seaway.ca and to vtc@
dot.gov.
(3) The ESI or self-inspection is
required on the first transit of the
navigation season.
(4) Inland self-inspection: Inland
domestic vessels which are approved by
the Seaway and are ISM certified and
have a company quality management
system, must submit the ‘‘SelfInspection Report’’, every 2 navigation
seasons and not later than 30 days after
‘‘fit out’’.
Local agency
ddrumheller on DSK120RN23PROD with RULES1
Issued at Washington, DC, under authority
delegated at 49 CFR part 1.101.
Great Lakes St. Lawrence Seaway
Development Corporation.
Carrie Lavigne,
Chief Counsel.
[FR Doc. 2024–04744 Filed 3–5–24; 8:45 am]
BILLING CODE 4910–61–P
307
Jkt 262001
DATES:
This rule is effective April 5,
2024.
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2023–0588. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information. If
you need assistance in a language other
than English or if you are a person with
a disability who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
ADDRESSES:
Mae
Wang, EPA Region IX, 75 Hawthorne
St., San Francisco, CA 94105; phone:
(415) 947–4137; email: wang.mae@
epa.gov.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2023–0588; FRL–11585–
02–R9]
Air Plan Revisions; California;
Sacramento Air Quality Management
District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the Sacramento
Metropolitan Air Quality Management
SUMMARY:
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On December 15, 2023 (88 FR 86870),
the EPA proposed to approve the
following rule into the California SIP.
Rule title
Amended
Clean Air Act Penalty Fees ................................................................
We proposed to approve this rule
because we determined that it complies
with the relevant CAA requirements.
Our proposed action contains more
information on the rule and our
evaluation.
16:01 Mar 05, 2024
District (SMAQMD) portion of the
California State Implementation Plan
(SIP). This revision concerns a rule
submitted to address section 185 of the
Clean Air Act (CAA or the Act).
FOR FURTHER INFORMATION CONTACT:
Rule No.
SMAQMD ....................
VerDate Sep<11>2014
(5) Inland domestic vessels not
participating in the ‘‘Self-Inspection
Program’’ are subject to Seaway
inspection prior to every transit of the
Seaway.
(6) Tug/barge combinations not on the
‘‘Seaway Approved Tow’’ list are
subject to Seaway inspection prior to
every transit of the Seaway unless
provided with a valid Inspection Report
for a round trip transit.
(7) A tall vessel, passenger vessel, or
vessel of an unusual design is subject to
Seaway yearly inspection.
■ 12. Amend § 401.84 by redesignating
paragraphs (d) through (g) as paragraphs
(e) through (h) and add new paragraph
(d) to read as follows:
*
*
*
*
*
(d) any malfunction on the vessel of
equipment and machinery that is noted
as operational in the current ‘‘Enhanced
Ship Inspection’’ or ‘‘Self Inspection’’ of
the vessel;
*
*
*
*
*
II. Public Comments and EPA
Responses
Frm 00008
Fmt 4700
Sfmt 4700
5/11/2023
III. EPA Action
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received no comments.
PO 00000
03/23/2023
Submitted
No comments were submitted.
Therefore, as authorized in section
110(k)(3) of the Act, the EPA is
approving SMAQMD Rule 307 into the
California SIP. The March 23, 2023
version of Rule 307 will replace the
E:\FR\FM\06MRR1.SGM
06MRR1
Federal Register / Vol. 89, No. 45 / Wednesday, March 6, 2024 / Rules and Regulations
previously approved version of this rule
in the SIP. This final approval action
also removes the EPA’s obligation to
promulgate a Federal Implementation
Plan (FIP) for the SMAQMD portion of
the Sacramento Metro ozone
nonattainment area by permanently
stopping the FIP clock associated with
the January 17, 2023 (88 FR 2541)
finding of failure to submit.1
ddrumheller on DSK120RN23PROD with RULES1
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of SMAQMD
Rule 307, ‘‘Clean Air Act Penalty Fees,’’
amended on March 23, 2023, which
addresses the CAA section 185 fee
program requirements. The EPA has
made, and will continue to make, these
documents available through
www.regulations.gov and at the EPA
Region IX Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.S. 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
1 The sanctions clocks associated with the
January 17, 2023 action were previously stopped by
our completeness finding on November 6, 2023, for
the SMAQMD portion of the Sacramento Metro
area.
VerDate Sep<11>2014
16:01 Mar 05, 2024
Jkt 262001
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,
February 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. 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
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
15963
Executive Order 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 May 6, 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, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: February 26, 2024.
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:
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 paragraphs (c)(308)(i)(C)(2) and
(c)(610) to read as follows:
■
§ 52.220
Identification of plan—in part.
*
*
*
*
*
(c) * * *
(308) * * *
(i) * * *
(C) * * *
(2) Previously approved on August 26,
2003, in paragraph (c)(308)(i)(C)(1) of
this section and now deleted with
replacement in paragraph
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06MRR1
15964
Federal Register / Vol. 89, No. 45 / Wednesday, March 6, 2024 / Rules and Regulations
ddrumheller on DSK120RN23PROD with RULES1
(c)(610)(i)(A)(1) of this section: Rule
307, adopted on September 26, 2002.
*
*
*
*
*
(610) The following regulations were
submitted electronically on May 11,
2023, by the Governor’s designee as an
VerDate Sep<11>2014
16:01 Mar 05, 2024
Jkt 262001
attachment to a letter dated May 10,
2023.
(i) Incorporation by reference. (A)
Sacramento Metropolitan Air Quality
Management District.
(1) Rule 307, ‘‘Clean Air Act Penalty
Fees,’’ amended on March 23, 2023.
PO 00000
Frm 00010
Fmt 4700
Sfmt 9990
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
*
*
*
*
*
[FR Doc. 2024–04708 Filed 3–5–24; 8:45 am]
BILLING CODE 6560–50–P
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06MRR1
Agencies
[Federal Register Volume 89, Number 45 (Wednesday, March 6, 2024)]
[Rules and Regulations]
[Pages 15962-15964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04708]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2023-0588; FRL-11585-02-R9]
Air Plan Revisions; California; Sacramento Air Quality Management
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the Sacramento Metropolitan Air Quality
Management District (SMAQMD) portion of the California State
Implementation Plan (SIP). This revision concerns a rule submitted to
address section 185 of the Clean Air Act (CAA or the Act).
DATES: This rule is effective April 5, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2023-0588. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with a
disability who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Mae Wang, EPA Region IX, 75 Hawthorne
St., San Francisco, CA 94105; phone: (415) 947-4137; email:
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On December 15, 2023 (88 FR 86870), the EPA proposed to approve the
following rule into the California SIP.
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
SMAQMD................................ 307 Clean Air Act Penalty 03/23/2023 5/11/2023
Fees.
----------------------------------------------------------------------------------------------------------------
We proposed to approve this rule because we determined that it
complies with the relevant CAA requirements. Our proposed action
contains more information on the rule and our evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. EPA Action
No comments were submitted. Therefore, as authorized in section
110(k)(3) of the Act, the EPA is approving SMAQMD Rule 307 into the
California SIP. The March 23, 2023 version of Rule 307 will replace the
[[Page 15963]]
previously approved version of this rule in the SIP. This final
approval action also removes the EPA's obligation to promulgate a
Federal Implementation Plan (FIP) for the SMAQMD portion of the
Sacramento Metro ozone nonattainment area by permanently stopping the
FIP clock associated with the January 17, 2023 (88 FR 2541) finding of
failure to submit.\1\
---------------------------------------------------------------------------
\1\ The sanctions clocks associated with the January 17, 2023
action were previously stopped by our completeness finding on
November 6, 2023, for the SMAQMD portion of the Sacramento Metro
area.
---------------------------------------------------------------------------
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of SMAQMD
Rule 307, ``Clean Air Act Penalty Fees,'' amended on March 23, 2023,
which addresses the CAA section 185 fee program requirements. The EPA
has made, and will continue to make, these documents available through
www.regulations.gov and at the EPA Region IX Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.S. 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,
February 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.
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
Executive Order 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 May 6, 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, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: February 26, 2024.
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:
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 paragraphs (c)(308)(i)(C)(2) and
(c)(610) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(308) * * *
(i) * * *
(C) * * *
(2) Previously approved on August 26, 2003, in paragraph
(c)(308)(i)(C)(1) of this section and now deleted with replacement in
paragraph
[[Page 15964]]
(c)(610)(i)(A)(1) of this section: Rule 307, adopted on September 26,
2002.
* * * * *
(610) The following regulations were submitted electronically on
May 11, 2023, by the Governor's designee as an attachment to a letter
dated May 10, 2023.
(i) Incorporation by reference. (A) Sacramento Metropolitan Air
Quality Management District.
(1) Rule 307, ``Clean Air Act Penalty Fees,'' amended on March 23,
2023.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
* * * * *
[FR Doc. 2024-04708 Filed 3-5-24; 8:45 am]
BILLING CODE 6560-50-P