Air Plan Revisions; California; San Diego County Air Pollution Control District, 22648-22649 [2024-06880]
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22648
Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Proposed Rules
them by the COTP or the COTP’s
designated representative.
(d) Enforcement period. This section
will be enforced from 10:30 a.m. to 6:30
p.m. on June 21, 2024, or June 22, 2024.
To alleviate the effects of this proposed
rule on the public, the COTP may elect
to temporarily suspend enforcement of
these security zones.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public through local
notice to mariners and Broadcast
Notices to Mariners of the enforcement
period for the regulated area as well as
any changes in the planned schedule.
Clinton J. Prindle,
Captain, U.S. Coast Guard, Captain of the
Port Sector Southeastern New England.
[FR Doc. 2024–06930 Filed 4–1–24; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2024–0032; FRL–11685–
01–R9]
Air Plan Revisions; California; San
Diego County Air Pollution Control
District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the San Diego County Air
SUMMARY:
Pollution Control District (SDCAPCD)
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 ‘‘Act’’). We are taking
comments on this proposal and plan to
follow with a final action.
DATES: Comments must be received on
or before May 2, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2024–0032 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 whose disclosure 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.
Kira
Wiesinger, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3827 or by
email at wiesinger.kira@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
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. The EPA’s Recommendations To Further
Improve the Rule
D. 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 that it was
adopted by the local air agency and
submitted by the California Air
Resources Board (CARB).
TABLE 1—SUBMITTED RULE
Local agency
Rule No.
SDCAPCD ................................
45
On January 20, 2023, the submittal for
SDCAPCD Rule 45 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.
khammond on DSKJM1Z7X2PROD with PROPOSALS
B. Are there other versions of this rule?
There are no previous versions of
Rule 45 in the California SIP. The
SDCAPCD adopted this rule on June 9,
2022, and CARB submitted it to the EPA
on July 20, 2022.
C. What is the purpose of the submitted
rule?
Under sections 182(d)(3), (e), (f) and
185 of the Act, states with ozone
nonattainment areas classified as
VerDate Sep<11>2014
16:13 Apr 01, 2024
Jkt 262001
Rule title
Adopted
Federally Mandated Ozone Nonattainment Fees .....................
‘‘Severe’’ or ‘‘Extreme’’ are required to
submit a SIP revision that requires
major stationary sources of volatile
organic compounds (VOC) or oxides of
nitrogen (NOX) emissions in the area to
pay a fee if the area fails to attain the
standard by the attainment date. The
required SIP revision must provide for
annual payment of the fees, computed
in accordance with CAA section 185(b).
The San Diego County ozone
nonattainment area has been classified
as Severe for the 2008 ozone National
Ambient Air Quality Standards
(NAAQS). The SDCAPCD submitted
Rule 45 to satisfy the requirement to
submit a CAA section 185 fee program
for the 2008 ozone NAAQS.
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
06/09/2022
Submitted
07/20/2022
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rule?
Rules in the SIP must be enforceable
(see CAA section 110(a)(2)), must not
interfere with applicable requirements
concerning attainment and reasonable
further progress or other CAA
requirements (see CAA section 110(l)),
and must not modify certain SIP control
requirements in nonattainment areas
without ensuring equivalent or greater
emissions reductions (see CAA section
193). The EPA is also evaluating the rule
for consistency with the statutory
requirements of CAA section 185.
Guidance and policy documents that we
used to evaluate enforceability,
revision/relaxation, and rule stringency
E:\FR\FM\02APP1.SGM
02APP1
Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Proposed Rules
requirements for the applicable criteria
pollutants include the following:
1. ‘‘State Implementation Plans;
General Preamble for the
Implementation of Title I of the Clean
Air Act Amendments of 1990,’’ 57 FR
13498 (April 16, 1992); 57 FR 18070
(April 28, 1992).
2. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and
Deviations,’’ EPA, May 25, 1988 (the
Bluebook, revised January 11, 1990).
3. ‘‘Guidance Document for Correcting
Common VOC & Other Rule
Deficiencies,’’ EPA Region 9, August 21,
2001 (the Little Bluebook).
B. Does the rule meet the evaluation
criteria?
This rule meets CAA requirements
and is consistent with relevant guidance
regarding enforceability and SIP
revisions. The EPA’s technical support
document (TSD) has more information
on our evaluation.
C. The EPA’s Recommendations To
Further Improve the Rule
The TSD includes recommendations
for the next time the local agency
modifies the rule.
D. Proposed Action and Public
Comment
As authorized in section 110(k)(3) of
the Act, the EPA proposes to approve
submitted Rule 45 because it fulfills all
relevant requirements. We will accept
comments from the public on this
proposal until May 2, 2024. If the EPA
takes final action to approve the
submitted rule, our final action will
incorporate this rule into the federally
enforceable SIP.
khammond on DSKJM1Z7X2PROD with PROPOSALS
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
SDCAPCD Rule 45, ‘‘Federally
Mandated Ozone Nonattainment Fees,’’
adopted on June 9, 2022, which
addresses the CAA section 185 fee
program requirements. 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
VerDate Sep<11>2014
16:13 Apr 01, 2024
Jkt 262001
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 CAA.
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 (Public Law 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,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
22649
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 EJ
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
The EPA did not perform an EJ analysis
and did not consider EJ in this action.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
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: March 27, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024–06880 Filed 4–1–24; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R5–ES–2023–0181;
FF09E22000 FXES1113090FEDR 245]
RIN 1018–BH61
Endangered and Threatened Wildlife
and Plants; Removal of Roanoke
Logperch From the List of Endangered
and Threatened Wildlife
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
E:\FR\FM\02APP1.SGM
02APP1
Agencies
[Federal Register Volume 89, Number 64 (Tuesday, April 2, 2024)]
[Proposed Rules]
[Pages 22648-22649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06880]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0032; FRL-11685-01-R9]
Air Plan Revisions; California; San Diego County Air Pollution
Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the San Diego County Air Pollution Control
District (SDCAPCD) 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 ``Act''). We are taking comments on this
proposal and plan to follow with a final action.
DATES: Comments must be received on or before May 2, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2024-0032 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 whose
disclosure 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: Kira Wiesinger, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3827 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
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. The EPA's Recommendations To Further Improve the Rule
D. 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
that it was adopted by the local air agency and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
SDCAPCD.............................. 45 Federally Mandated Ozone 06/09/2022 07/20/2022
Nonattainment Fees.
----------------------------------------------------------------------------------------------------------------
On January 20, 2023, the submittal for SDCAPCD Rule 45 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.
B. Are there other versions of this rule?
There are no previous versions of Rule 45 in the California SIP.
The SDCAPCD adopted this rule on June 9, 2022, and CARB submitted it to
the EPA on July 20, 2022.
C. What is the purpose of the submitted rule?
Under sections 182(d)(3), (e), (f) and 185 of the Act, states with
ozone nonattainment areas classified as ``Severe'' or ``Extreme'' are
required to submit a SIP revision that requires major stationary
sources of volatile organic compounds (VOC) or oxides of nitrogen
(NOX) emissions in the area to pay a fee if the area fails
to attain the standard by the attainment date. The required SIP
revision must provide for annual payment of the fees, computed in
accordance with CAA section 185(b).
The San Diego County ozone nonattainment area has been classified
as Severe for the 2008 ozone National Ambient Air Quality Standards
(NAAQS). The SDCAPCD submitted Rule 45 to satisfy the requirement to
submit a CAA section 185 fee program for the 2008 ozone NAAQS.
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule?
Rules in the SIP must be enforceable (see CAA section 110(a)(2)),
must not interfere with applicable requirements concerning attainment
and reasonable further progress or other CAA requirements (see CAA
section 110(l)), and must not modify certain SIP control requirements
in nonattainment areas without ensuring equivalent or greater emissions
reductions (see CAA section 193). The EPA is also evaluating the rule
for consistency with the statutory requirements of CAA section 185.
Guidance and policy documents that we used to evaluate enforceability,
revision/relaxation, and rule stringency
[[Page 22649]]
requirements for the applicable criteria pollutants include the
following:
1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11,
1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
B. Does the rule meet the evaluation criteria?
This rule meets CAA requirements and is consistent with relevant
guidance regarding enforceability and SIP revisions. The EPA's
technical support document (TSD) has more information on our
evaluation.
C. The EPA's Recommendations To Further Improve the Rule
The TSD includes recommendations for the next time the local agency
modifies the rule.
D. Proposed Action and Public Comment
As authorized in section 110(k)(3) of the Act, the EPA proposes to
approve submitted Rule 45 because it fulfills all relevant
requirements. We will accept comments from the public on this proposal
until May 2, 2024. If the EPA takes final action to approve the
submitted rule, our final action will incorporate this rule into the
federally enforceable SIP.
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 SDCAPCD Rule 45, ``Federally Mandated Ozone Nonattainment
Fees,'' adopted on June 9, 2022, which addresses the CAA section 185
fee program requirements. 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 CAA. 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 (Public Law 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,
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 EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. The EPA did not perform an EJ
analysis and did not consider EJ in this action. Consideration of EJ is
not required as part of this action, and there is no information in the
record inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
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: March 27, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-06880 Filed 4-1-24; 8:45 am]
BILLING CODE 6560-50-P