57358 Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Rules and Regulations 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

Tribes, on the relationship between the 

Federal Government and Indian Tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. If you 

believe this rule has implications for 

federalism or Indian Tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01 and Environmental 

Planning COMDTINST 5090.1 (series), 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves 

establishment of a temporary moving 

safety zone for navigable waters of the 

La Quinta Channel between gated pair 

lights 11 and 12 to the Sea buoy. The 

safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by the rig NFE PIONEER I while 

it is towed from Kiewit Offshore 

Services. It is categorically excluded 

from further review under paragraph 

L60(c), in Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C 70034, 70051; 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T08–0705 to read as 

follows: 

§ 165.T08–0705 Safety Zone; La Quinta 

and Corpus Christi Shipping Channel, 

Ingleside, TX. 

(a) Location. The following area is a 

safety zone: all navigable waters of the 

La Quinta Channel between gated pair 

lights 11 and 12 to the Sea buoy. Entry 

of vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Sector Corpus Christi (COTP) or a 

designated representative. 

(b) Enforcement period. This section 

will be enforced from 6 a.m. to 6 p.m. 

from August 21, 2023, through August 

26, 2023. 

(c) Regulations. (1) According to the 

general regulations in § 165.23 of this 

part, entry into this temporary moving 

safety zone is prohibited unless 

authorized by the COTP or a designated 

representative. They may be contacted 

on Channel 16 VHF–FM (156.8 MHz) or 

by telephone at 361–939–0450. 

(2) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

times and date for this safety zone 

through Broadcast Notices to Mariners, 

Local Notices to Mariners, and/or Safety 

Marine Information Broadcasts as 

appropriate. 

M.A. Cintron, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port Sector Corpus Christi. 

[FR Doc. 2023–18124 Filed 8–21–23; 4:15 pm] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2022–0397; FRL–10011– 

02–R4] 

Air Plan Approval; South Carolina: 

New Source Review Updates 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

a State Implementation Plan (SIP) 

revision submitted by the State of South 

Carolina, through the South Carolina 

Department of Health and 

Environmental Control (hereinafter 

referred to as SC DHEC or South 

Carolina) via a letter dated February 3, 

2022. The SIP revision updates portions 

of South Carolina’s Prevention of 

Significant Deterioration (PSD) and 

Nonattainment New Source Review 

(NNSR) regulations, including changes 

to reflect the regulation of greenhouse 

gases (GHGs) pursuant to the Tailoring 

Rule and updates promulgated in the 

recent NSR Corrections Rule. With the 

exception of the Project Emissions 

Accounting provisions, which EPA 

expects to act on in a separate final rule, 

EPA is approving these revisions 

pursuant to the Clean Air Act (CAA or 

Act) and implementing Federal 

regulations. 

DATES: This rule is effective September 

22, 2023. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2022–0397. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information 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 either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 


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1See 87 FR 44314. 

2Over time, EPA has also updated its 

corresponding PSD and NNSR rules at 40 CFR 52.21 

and 40 CFR part 51, appendix S. 

3The ‘‘Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source Review 

(NNSR): Project Emissions Accounting’’ rule was 

finalized on November 24, 2020. See 85 FR 74890 

(hereinafter ‘‘Project Emissions Accounting Rule’’). 

4EPA notes that the February 3, 2022, submittal 

was received by EPA on February 4, 2022. For 

clarity, EPA will refer to this submittal based on the 

date of the letter. 

5EPA notes that under the February 3, 2022, 

cover letter, SC DHEC also submitted updates to the 

following State Regulations: 61–62.60, South 

Carolina Designated Facility Plan and New Source 

Performance Standards; Regulation 61–62.63, 

National Emission Standards for Hazardous Air 

Pollutants (NESHAP) for Source Categories; and 

Regulation 61–62.70, Title V Operating Permit 

Program. However, South Carolina explains in the 

February 3, 2022, cover letter that these regulations 

are not part of the SIP, and they are not being 

requested for approval by EPA into the South 

Carolina SIP at this time. 

6 ‘‘Prevention of Significant Deterioration and 

Title V Greenhouse Gas Tailoring Rule.’’ See 75 FR 

31514 (June 3, 2010). 

7See 85 FR 74890 (November 24, 2020). 

8See 86 FR 37918 (July 19, 2021). 

9These provisions are contained in Regulation 

61–62.5, Standard 7, section (A)(2)(d)(vi) (revising 

hybrid test in PSD rules); Regulation 61–62.5, 

Standard 7, section (A)(2)(d)(vii) (defining ‘‘sum of 

the difference’’ in PSD rules); Regulation 61–62.5, 

Standard 7.1, section (A)(8) (setting forth hybrid test 

in NNSR rules); Regulation 61–62.5, Standard 7.1, 

section (A)(9) (defining ‘‘sum of the difference’’ in 

NNSR rules). 

Air Planning and Implementation 

Branch, Air and Radiation Division, 

U.S. Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that, 

if at all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday 8:30 a.m. to 4:30 p.m., 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Pearlene Williams-Miles, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, Region 4, U.S. 

Environmental Protection Agency, 61 

Forsyth Street SW, Atlanta, Georgia 

30303–8960. The telephone number is 

(404) 562–9144. Ms. Williams-Miles can 

also be reached via electronic mail at 

WilliamsMiles.Pearlene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. This Action 

In this final rule, EPA is approving 

into the South Carolina SIP updated 

PSD and NNSR rules. Specifically, EPA 

is approving the incorporation by 

reference of South Carolina’s Regulation 

61–62.5, Standard No. 7—Prevention of 

Significant Deterioration, State effective 

on November 26, 2021, except for 

paragraphs (A)(2)(d)(vi) and 

(A)(2)(d)(vii) related to Project 

Emissions Accounting into South 

Carolina’s SIP. EPA is also finalizing the 

incorporation by reference of South 

Carolina’s Regulation 61–62.5, Standard 

No. 7.1—Nonattainment New Source 

Review, State effective on November 26, 

2021, into South Carolina’s SIP except 

for paragraphs (A)(8) and (A)(9) related 

to Project Emissions Accounting and the 

portions of paragraphs (A)(11)(t) and 

(B)(22)(c)(xx) related to the Ethanol Rule 

Provisions. 

II. Background 

As described in the notice of 

proposed rulemaking (NPRM) published 

on July 26, 2022,1 over time, EPA has 

updated its NNSR and PSD permitting 

minimum requirements for State 

implementation plans at 40 CFR 51.165 

and 51.166, respectively, and States and 

localities are required to update their 

SIP-approved rules to ensure 

consistency with these Federal rules.2

Collectively, EPA commonly refers to its 

NNSR and PSD permitting programs as 

the major ‘‘new source review,’’ or NSR, 

permitting programs. 

EPA last approved updates to South 

Carolina’s SIP-approved major NSR 

regulations on October 28, 2021, by 

acting on an April 24, 2020, submittal 

from the State. See 86 FR 59646. Since 

the time of South Carolina’s April 24, 

2020, submittal, EPA has updated the 

Federal major NSR regulations to clarify 

the Project Emissions Accounting 

provisions and to correct certain errors 

in the NSR regulations that had 

accumulated over time.3

On February 3, 2022, SC DHEC 

submitted SIP revisions to EPA for 

approval that included changes to South 

Carolina’s major NSR permitting 

regulations to align them with recent 

updates to Federal requirements for PSD 

and NNSR permitting.4 Specifically, 

these changes update South Carolina’s 

Regulation 61–62.5, Standard No. 7— 

Prevention of Significant Deterioration, 

and Standard No. 7.1—Nonattainment 

New Source Review.5 The State’s 

February 3, 2022, SIP submittal 

incorporates into the South Carolina SIP 

updated PSD provisions related to the 

regulation of GHGs pursuant to the 

Tailoring Rule,6 which was previously 

implemented in South Carolina through 

legislative action (South Carolina Joint 

Resolution H4888 (2010)). The State’s 

February 3, 2022, SIP submittal also 

incorporates changes promulgated in 

EPA’s November 24, 2020, Project 

Emissions Accounting Rule 7 and in 

EPA’s July 19, 2021, NSR Corrections 

Rule.8

Through the July 26, 2022, NPRM, 

EPA proposed to approve these changes 

as meeting the requirements of the 

Federal PSD and NNSR programs and as 

being consistent with the CAA. 

However, EPA excluded a portion of 

paragraphs (A)(11)(t) and (B)(22)(c)(xx) 

as they relate to the Ethanol Rule 

Provisions, found in Regulation 61– 

62.5, Standard No. 7.1, from the 

proposed approval. Additional details 

on South Carolina’s February 3, 2022, 

revisions and EPA’s analysis of the 

changes can be found in the July 26, 

2022, NPRM. Comments on the July 26, 

2022, NPRM were due on or before 

August 25, 2022. 

III. Response to Comments 

EPA received comments on the July 

26, 2022, NPRM, which are included in 

the docket of this rulemaking. The 

comments arrived in a letter dated 

August 25, 2022, and originate from one 

Commenter, Center for Biological 

Diversity. The Commenter provided 

supplemental documentation to support 

the comments submitted. The comments 

generally oppose incorporating the 

Federal Project Emission Accounting 

provisions at 40 CFR 51.165 and 51.166 

within the February 3, 2022, 

submission. 

EPA is not finalizing adoption of the 

Project Emissions Accounting 

provisions into South Carolina’s SIP in 

this action.9 Therefore, EPA is not 

responding to these comments at this 

time. EPA expects to take final action on 

the Project Emissions Accounting 

provisions contained within SC DHEC’s 

submittal in a separate final rule and to 

respond to these comments in that 

action. 

IV. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, and as discussed in sections 

I and II of this preamble, EPA is 

finalizing the incorporation by reference 

of South Carolina’s Regulation 61–62.5, 

Standard No. 7—Prevention of 

Significant Deterioration, State effective 

on November 26, 2021, except for 

paragraphs (A)(2)(d)(vi) and 

(A)(2)(d)(vii) related to Project 

Emissions Accounting. EPA is also 

finalizing the incorporation by reference 

of South Carolina’s Regulation 61–62.5, 

Standard No. 7.1—Nonattainment New 

Source Review, State effective on 

November 26, 2021, except for 

paragraphs (A)(8) and (A)(9) related to 


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57360 Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Rules and Regulations 

10See 62 FR 27968 (May 22, 1997). 

Project Emissions Accounting and the 

portions of paragraphs (A)(11)(t) and 

(B)(22)(c)(xx) related to the Ethanol Rule 

Provisions. EPA has made, and will 

continue to make, these materials 

generally available through 

www.regulations.gov and at the EPA 

Region 4 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.10

V. Final Action 

EPA is approving, with the exceptions 

noted, the changes to the South Carolina 

Regulation 61–62.5, Standards No. 7— 

Prevention of Significant Deterioration, 

and Standard No. 7.1—Nonattainment 

New Source Review, both State effective 

on November 26, 2021. These changes 

were submitted by South Carolina on 

February 3, 2022. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve State choices, 

provided that they meet the criteria of 

the CAA. 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 13563 (76 FR 3821, 

January 21, 2011); 

• 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 an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• 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 CAA. 

Because this final rule merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law, this final rule for 

the State of South Carolina does not 

have Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). Therefore, this 

action will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. The Catawba Indian Nation 

(CIN) Reservation is located within the 

boundary of York County, South 

Carolina. Pursuant to the Catawba 

Indian Claims Settlement Act, S.C. Code 

Ann. 27–16–120 (Settlement Act), ‘‘all 

State and local environmental laws and 

regulations apply to the [Catawba Indian 

Nation] and Reservation and are fully 

enforceable by all relevant State and 

local agencies and authorities.’’ The CIN 

also retains authority to impose 

regulations applying higher 

environmental standards to the 

Reservation than those imposed by State 

law or local governing bodies, in 

accordance with the Settlement Act. 

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. 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.’’ 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.’’ 

SC DHEC did not evaluate EJ 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

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 EJ for people of color, lowincome populations, and Indigenous 

peoples. 

This action is subject to the 

Congressional Review Act, and 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 23, 2023. 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, Carbon monoxide, 

Incorporation byreference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 17, 2023. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

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. 


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Subpart PP—South Carolina 

■ 2. In § 52.2120(c), amend the table 

under the heading ‘‘Regulation No. 

62.5’’ by revising the entries for 

‘‘Standard No. 7’’ and ‘‘Standard No. 

7.1’’ to read as follows: 

§ 52.2120 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1 TO PARAGRAPH (c)—EPA-APPROVED SOUTH CAROLINA LAWS AND REGULATIONS

State citation Title/subject State effective 

date 

EPA approval 

date Explanation 

*******

Regulation No. 

62.5.

Air Pollution 

Control Standards.

........................ ...........................

*******

Standard No. 7 .. Prevention of 

Significant Deterioration.

11/26/2021 8/23/2023, [Insert citation of 

publication].

Except for the project emissions accounting provisions at paragraphs 

(A)(2)(d)(vi) and (A)(2)(d)(vii). 

Standard No. 7.1 Nonattainment 

New Source 

Review.

11/26/2021 8/23/2023, [Insert citation of 

publication].

Except for the ethanol production facilities exclusion in paragraphs 

(A)(11)(t) and (B)(22)(c)(xx) and the project emissions accounting 

provisions at paragraphs (A)(8) and (A)(9). 

*******

* * * * * 

[FR Doc. 2023–18120 Filed 8–22–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2022–0682; FRL–10126– 

02–R9] 

Air Plan Approval; California; San 

Diego County Air Pollution Control 

District; Oxides of Nitrogen 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the San Diego 

County Air Pollution Control District 

(SDCAPCD) portion of the California 

State Implementation Plan (SIP). The 

California Air Resources Board (CARB) 

submitted the rule, on behalf of 

SDCAPCD, to the EPA as part of the 

requirement to implement major source 

reasonable available control technology 

(RACT) for emissions of oxides of 

nitrogen (NOX) for the San Diego County 

ozone nonattainment area. This revision 

concerns NOX emissions from boilers, 

process heaters, and steam generators. 

We are approving a local rule to regulate 

these emission sources under the Clean 

Air Act (CAA or the ‘‘Act’’). 

DATES: This rule is effective September 

22, 2023. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2022–0682. 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: La 

Kenya Evans-Hopper, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 972–3245 or by 

email at evanshopper.lakenya@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 January 30, 2023 (88 FR 5833), the 

EPA proposed to approve the following 

rule into the California SIP. 

TABLE 1—SUBMITTED RULE

Local agency Rule No. Rule title Adopted Submitted 

SDCAPCD ........ 69.2.2 Medium Boilers, Process Heaters, and Steam Generators ......................... 09/09/21 03/09/22 

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 three 

comments, two of which were 

submitted by the same commenter. The 

full text of all three comments is 

available in the docket for this 

rulemaking. The comments were 

broadly supportive of SIPs, in the 

general sense, as a necessary tool to 


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