Air Plan Revisions; California; Yolo-Solano Air Quality Management District, 18546-18547 [2024-05259]
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18546
Federal Register / Vol. 89, No. 51 / Thursday, March 14, 2024 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2023–0590; FRL–11615–
02–R9]
Air Plan Revisions; California; YoloSolano Air Quality Management
District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve state implementation plan (SIP)
revisions to the Yolo-Solano Air Quality
Management District (YSAQMD)
portion of the California SIP. These
revisions concern emissions of oxides of
nitrogen (NOX) from biomass boilers,
and address reasonably available control
technology (RACT) requirements for
major sources of NOX in the portion of
the Sacramento Metro, CA,
nonattainment area that is subject to
YSAQMD jurisdiction.
DATES: This rule is effective April 15,
2024.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2023–0590. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
SUMMARY:
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:
Eugene Chen, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 947–4304 or by
email at chen.eugene@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On December 27, 2023, the EPA
proposed to approve, through parallel
processing, the California Air Resources
Board’s (CARB) submittal of a public
draft version of the YSAQMD’s
amendments to Rule 2.43, ‘‘Biomass
Boilers.’’ 1 As discussed in our proposed
action, the YSAQMD relies upon Rule
2.43 to implement RACT for major
sources of NOX, and we proposed to
determine that Rule 2.43, as amended,
would comply with the EPA’s Startup,
Shutdown, and Malfunction (SSM)
policy and other applicable Clean Air
Act (CAA or ‘‘Act’’) requirements. Based
on our review, we proposed to
determine that the rule would
implement RACT for biomass boilers,
and therefore also proposed to approve
the major source NOX RACT element of
the 2017 RACT SIP.2
Consistent with the EPA’s procedures
for parallel processing set out at section
2.3 of Appendix V to 40 CFR part 51,
our December 27, 2023 proposed
approval relied upon our evaluation of
the public draft version of the Rule 2.43
amendments that were adopted by the
YSAQMD on December 13, 2023, but
which were not yet formally submitted
by CARB to the EPA at the time of our
proposed action. The Rule 2.43
amendments were submitted by CARB
to the EPA on February 14, 2024.3 We
have reviewed this submittal, and have
determined that it does not differ from
the public draft version of Rule 2.43
(submitted November 27, 2023) that we
evaluated for our proposed approval.
TABLE 1—SUBMITTED DOCUMENTS
Document/
rule No.
Local agency
YSAQMD ................................
YSAQMD ................................
2.43
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.
ddrumheller on DSK120RN23PROD with RULES1
III. EPA Action
No comments were submitted on the
proposed action, and there is no change
to our assessment of the rule as
described in our proposed action.
Therefore, as authorized in section
110(k)(3) of the Act, the EPA is
approving this rule into the California
SIP. In addition, we are approving the
1 88
FR 89351.
have previously taken final action to
approve all other elements of the District’s 2017
2 We
VerDate Sep<11>2014
15:56 Mar 13, 2024
Jkt 262001
Document title
Revised
Reasonably Available Control Technology (RACT) State Implementation Plan (SIP) Analysis for the 2008 Federal
Ozone Standard (‘‘2017 RACT SIP’’).
Biomass Boilers ......................................................................
major source NOX element of
YSAQMD’s 2017 RACT SIP submittal
for the 2008 ozone NAAQS.
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 YSAQMD
Rule 2.43, ‘‘Biomass Boilers,’’ revised on
December 13, 2023, which regulates
NOX emissions from biomass-fired
boilers. The EPA has made, and will
continue to make, these documents
RACT SIP on April 6, 2018 (83 FR 14754) and June
30, 2023 (88 FR 42252).
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
Submitted
09/13/2017
11/13/2017
12/13/2023
02/14/2024
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
3 Submitted electronically as an attachment to a
letter dated February 9, 2024.
E:\FR\FM\14MRR1.SGM
14MRR1
ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 51 / Thursday, March 14, 2024 / Rules and Regulations
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
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,
VerDate Sep<11>2014
15:56 Mar 13, 2024
Jkt 262001
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ The EPA
further defines the term fair treatment to
mean that ‘‘no group of people should
bear a disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The District did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. The EPA did not perform an
EJ analysis and did not consider EJ in
this action. Consideration of EJ is not
required as part of this action, and there
is no information in the record
inconsistent with the stated goals of
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 (CRA), 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 13, 2024.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule 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.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 6, 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:
PO 00000
Frm 00015
Fmt 4700
Sfmt 9990
18547
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)(388)(i)(H)(2),
(c)(505)(ii)(A)(3), and (c)(612) to read as
follows:
■
§ 52.220
Identification of plan-in part.
*
*
*
*
*
(c) * * *
(388) * * *
(i) * * *
(H) * * *
(2) Previously approved on July 2,
2012, in paragraph (c)(388)(i)(H)(1) of
this section and now deleted with
replacement in (c)(612)(i)(A)(1) of this
section: Rule 2.43, ‘‘Biomass Boilers,’’
adopted on November 10, 2010.
*
*
*
*
*
(505) * * *
(ii) * * *
(A) * * *
(3) The RACT determination for nonCTG major sources of NOX as contained
in the Reasonably Available Control
Technology (RACT) State
Implementation Plan (SIP) for the 2008
8-Hour Ozone National Ambient Air
Quality Standards (NAAQS)
(‘‘Reasonably Available Control
Technology (RACT) State
Implementation Plan (SIP) Analysis’’),
as adopted on September 13, 2017.
*
*
*
*
*
(612) The following regulations were
submitted electronically on February 14,
2024, by the Governor’s designee as an
attachment to a letter dated February 9,
2024.
(i) Incorporation by reference
(A) Yolo-Solano Air Quality
Management District.
(1) Rule 2.43, ‘‘Biomass Boilers,’’
amended on December 13, 2023.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
*
*
*
*
*
§ 52.237
[Amended]
3. Section 52.237 is amended by
removing and reserving paragraph
(b)(6)(ii).
■
[FR Doc. 2024–05259 Filed 3–13–24; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\14MRR1.SGM
14MRR1
Agencies
[Federal Register Volume 89, Number 51 (Thursday, March 14, 2024)]
[Rules and Regulations]
[Pages 18546-18547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05259]
[[Page 18546]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2023-0590; FRL-11615-02-R9]
Air Plan Revisions; California; Yolo-Solano Air Quality
Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve state implementation plan (SIP) revisions to the
Yolo-Solano Air Quality Management District (YSAQMD) portion of the
California SIP. These revisions concern emissions of oxides of nitrogen
(NOX) from biomass boilers, and address reasonably available
control technology (RACT) requirements for major sources of
NOX in the portion of the Sacramento Metro, CA,
nonattainment area that is subject to YSAQMD jurisdiction.
DATES: This rule is effective April 15, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2023-0590. 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: Eugene Chen, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4304 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On December 27, 2023, the EPA proposed to approve, through parallel
processing, the California Air Resources Board's (CARB) submittal of a
public draft version of the YSAQMD's amendments to Rule 2.43, ``Biomass
Boilers.'' \1\ As discussed in our proposed action, the YSAQMD relies
upon Rule 2.43 to implement RACT for major sources of NOX,
and we proposed to determine that Rule 2.43, as amended, would comply
with the EPA's Startup, Shutdown, and Malfunction (SSM) policy and
other applicable Clean Air Act (CAA or ``Act'') requirements. Based on
our review, we proposed to determine that the rule would implement RACT
for biomass boilers, and therefore also proposed to approve the major
source NOX RACT element of the 2017 RACT SIP.\2\
---------------------------------------------------------------------------
\1\ 88 FR 89351.
\2\ We have previously taken final action to approve all other
elements of the District's 2017 RACT SIP on April 6, 2018 (83 FR
14754) and June 30, 2023 (88 FR 42252).
---------------------------------------------------------------------------
Consistent with the EPA's procedures for parallel processing set
out at section 2.3 of Appendix V to 40 CFR part 51, our December 27,
2023 proposed approval relied upon our evaluation of the public draft
version of the Rule 2.43 amendments that were adopted by the YSAQMD on
December 13, 2023, but which were not yet formally submitted by CARB to
the EPA at the time of our proposed action. The Rule 2.43 amendments
were submitted by CARB to the EPA on February 14, 2024.\3\ We have
reviewed this submittal, and have determined that it does not differ
from the public draft version of Rule 2.43 (submitted November 27,
2023) that we evaluated for our proposed approval.
---------------------------------------------------------------------------
\3\ Submitted electronically as an attachment to a letter dated
February 9, 2024.
Table 1--Submitted Documents
----------------------------------------------------------------------------------------------------------------
Document/ rule
Local agency No. Document title Revised Submitted
----------------------------------------------------------------------------------------------------------------
YSAQMD............................. Reasonably Available 09/13/2017 11/13/2017
Control Technology (RACT)
State Implementation Plan
(SIP) Analysis for the
2008 Federal Ozone
Standard (``2017 RACT
SIP'').
YSAQMD............................. 2.43 Biomass Boilers............ 12/13/2023 02/14/2024
----------------------------------------------------------------------------------------------------------------
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 on the proposed action, and there is no
change to our assessment of the rule as described in our proposed
action. Therefore, as authorized in section 110(k)(3) of the Act, the
EPA is approving this rule into the California SIP. In addition, we are
approving the major source NOX element of YSAQMD's 2017 RACT
SIP submittal for the 2008 ozone NAAQS.
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 YSAQMD
Rule 2.43, ``Biomass Boilers,'' revised on December 13, 2023, which
regulates NOX emissions from biomass-fired boilers. 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
[[Page 18547]]
they meet the criteria of the Clean Air Act. Accordingly, this action
merely approves state law as meeting federal requirements and does not
impose additional requirements beyond those imposed by state law. For
that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
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 District did not evaluate environmental justice considerations
as part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. The EPA
did not perform an EJ analysis and did not consider EJ in this action.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goals of
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 (CRA), 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 13, 2024. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 6, 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)(388)(i)(H)(2),
(c)(505)(ii)(A)(3), and (c)(612) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(388) * * *
(i) * * *
(H) * * *
(2) Previously approved on July 2, 2012, in paragraph
(c)(388)(i)(H)(1) of this section and now deleted with replacement in
(c)(612)(i)(A)(1) of this section: Rule 2.43, ``Biomass Boilers,''
adopted on November 10, 2010.
* * * * *
(505) * * *
(ii) * * *
(A) * * *
(3) The RACT determination for non-CTG major sources of
NOX as contained in the Reasonably Available Control
Technology (RACT) State Implementation Plan (SIP) for the 2008 8-Hour
Ozone National Ambient Air Quality Standards (NAAQS) (``Reasonably
Available Control Technology (RACT) State Implementation Plan (SIP)
Analysis''), as adopted on September 13, 2017.
* * * * *
(612) The following regulations were submitted electronically on
February 14, 2024, by the Governor's designee as an attachment to a
letter dated February 9, 2024.
(i) Incorporation by reference
(A) Yolo-Solano Air Quality Management District.
(1) Rule 2.43, ``Biomass Boilers,'' amended on December 13, 2023.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
* * * * *
Sec. 52.237 [Amended]
0
3. Section 52.237 is amended by removing and reserving paragraph
(b)(6)(ii).
[FR Doc. 2024-05259 Filed 3-13-24; 8:45 am]
BILLING CODE 6560-50-P