Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Proposed Rules 65647 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2023–0355; FRL–11176– 

01–R9] 

Air Quality Plans; Approvals and 

Promulgations: California; Amador Air 

District; New Source Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

permitting rule submitted as a revision 

to the Amador Air District (AAD or 

‘‘District’’) portion of the California 

State Implementation Plan (SIP). This 

revision concerns the District’s New 

Source Review (NSR) permitting 

program for new and modified sources 

of air pollution under part D of Title I 

of the Clean Air Act (CAA or ‘‘Act’’). 

This action will update the District’s 

applicable SIP with a rule revised to 

address deficiencies identified in a 

previous limited disapproval action. 

This action also proposes to revise 

regulatory text to clarify that the District 

is not subject to the Federal 

Implementation Plan related to 

protection of visibility. We are taking 

comments on this proposal and plan to 

follow with a final action. 

DATES: Comments must be received on 

or before October 25, 2023. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2023–0355 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 Confidential 

Business Information (CBI) or other 

information the disclosure of which is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include a 

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 systems). 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 

disabilities who needs reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Karima Zulfo, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. Phone: (415) 972–3953 or email 

at zulfo.karima@epa.gov. 

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 revisions? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. Proposed Action and Public Comment 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

Table 1 lists the rule addressed by this 

proposal with the dates when it was 

revised by the District and submitted to 

the EPA for SIP approval by the 

California Air Resources Board (CARB). 

This rule constitutes part of the 

District’s program for preconstruction 

review and permitting of new or 

modified stationary sources under its 

jurisdiction. The rule revisions that are 

the subject of this action represent an 

update to the AAD’s preconstruction 

review and permitting program and are 

intended to satisfy the requirements 

under part D of Title I of the Act 

(‘‘Nonattainment NSR’’ or ‘‘NNSR’’) 

including the implementing regulations 

at 40 CFR 51.160–165, and the relevant 

regulatory requirements at 40 CFR 

51.307, as well as the requirements of 

sections 110(l) and 193 of the Act. 

TABLE 1—SUBMITTED RULE

Rule No. Rule title Revision 

date 

Submitted 

date 

400 .................... Requirements for New and Modified Major Sources in Nonattainment Areas ............. 1/17/2023 3/3/2023 

CARB’s March 3, 2023 SIP submittal 

package meets the completeness criteria 

in 40 CFR part 51, which must be met 

before formal EPA review. The EPA’s 

signed notice of proposed rulemaking 

for our proposed action on this 

submittal will serve as the EPA’s formal 

completeness determination for this 

submittal. 

B. Are there other versions of this rule? 

The previously SIP-approved version 

of AAD Rule 400 is identified in Table 

2. 

TABLE 2—SIP APPROVED RULE

Rule No. Rule title SIP approval 

date 

Federal Register 

citation 

400 .................... Requirements for New and Modified Major Sources in Nonattainment Area ............... 1/12/2022 87 FR 1683

Our action approving this previous 

version of Rule 400 into the SIP was a 

limited approval and limited 

disapproval. If the EPA finalizes the 

action proposed herein, this rule will be 

replaced in the SIP by the submitted 

rule listed in Table 1. Additionally, as 

described below, the EPA’s final 

approval of Rule 400 will resolve all 

deficiencies forming the basis for our 

previous limited disapproval. 


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65648 Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Proposed Rules 

1 87 FR 1683. 2See TSD for 2018 NSR Action, Section 6.2. 

C. What is the purpose of the submitted 

rule revisions? 

The submitted rule is intended to 

resolve the NSR program deficiencies 

we identified in our January 12, 2022 

final action (‘‘2022 NSR Action’’),1

which included limited disapproval of a 

prior version of Rule 400. In addition, 

the District made minor revisions to 

correct typographical errors, provide 

clarifying edits, and make other similar 

minor editorial revisions. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

The EPA has evaluated the submitted 

rule to determine whether it addresses 

the deficiencies identified in our 2022 

NSR Action. We have also evaluated 

various additional minor revisions to 

Rule 400 that were made for clarity and 

accuracy. We have reviewed the rule as 

revised for consistency with the Act’s 

NNSR requirements, including the 

implementing regulations at 40 CFR 

51.160–165, and the relevant regulatory 

requirements at 40 CFR 51.307, as well 

as the requirements in sections 110(l) 

and 193 of the Act for SIP revisions. 

B. Does the rule meet the evaluation 

criteria? 

We find that the revisions to Rule 400 

correct all deficiencies identified in the 

2022 NSR Action, and we find that the 

other minor revisions to the rule are 

approvable. The technical support 

document (TSD) for this proposed 

rulemaking contains a more detailed 

analysis and is included in the docket 

for this action. 

The submitted rule complies with the 

substantive and procedural 

requirements of CAA section 110(l). 

With respect to the procedural 

requirements, based on our review of 

the public process documentation 

included with the submitted rule, we 

find that the District has provided 

sufficient evidence of public notice and 

opportunity for comment and public 

hearings prior to the submittal of this 

SIP revision and has satisfied these 

procedural requirements under CAA 

section 110(l). 

With respect to the substantive 

requirements of CAA section 110(l), we 

have determined that our approval of 

the submitted rule would not interfere 

with the area’s ability to attain or 

maintain the NAAQS or with any other 

applicable requirements of the CAA. 

Similarly, we find that the submitted 

rule is approvable under section 193 of 

the Act because it does not modify any 

control requirement in effect before 

November 15, 1990, without ensuring 

equivalent or greater emission 

reductions. The submitted rule is 

otherwise consistent with the criteria for 

the EPA’s approval of regulations 

submitted for inclusion in the SIP. 

For the reasons stated above and 

explained further in our TSD, we find 

that submitted Rule 400 satisfies the 

applicable requirements under part D of 

Title I of the Act and other applicable 

requirements of the Act. This submittal 

also corrects the deficiencies described 

in our 2022 NSR Action. 

C. Proposed Action and Public 

Comment 

As authorized in section 110(k)(3) of 

the Act, the EPA is proposing approval 

of Rule 400 into the California SIP. We 

are proposing this action based on our 

determination that the submitted rule 

satisfies the applicable statutory and 

regulatory provisions governing the 

regulation of stationary sources under 

part D of title I of the Act and 

accompanying regulations at 40 CFR 

51.160–165, as well as 40 CFR 51. 307. 

In support of our proposed action, we 

have concluded that our approval 

would comply with sections 110(l) and 

193 of the Act because the amended rule 

will not interfere with the continued 

attainment of the NAAQS in Amador 

County and does not relax any 

requirements in the SIP. 

This action would also revise the 

regulatory provisions at 40 CFR 

52.281(d) concerning the applicability 

of the visibility Federal implementation 

plan (FIP) at 40 CFR 52.28 as it pertains 

to California, to provide that this FIP 

does not apply to sources subject to 

review under the District’s SIPapproved NNSR program. As described 

in more detail in the TSD for this action, 

the EPA has previously found 

Subsections 3.6 and 5.1 of Rule 400 

acceptable to meet the visibility 

provisions for sources subject to the 

NNSR program at 40 CFR 51.307.2

We will accept comments from the 

public on this proposal until October 

25, 2023. If we finalize this action as 

proposed, our action will resolve the 

limited disapproval of Rule 400, 

incorporate the submitted rule into the 

SIP and our action would be codified 

through revisions to 40 CFR 52.220, 

‘‘Identification of plan—in part.’’ In 

conjunction with our final approval into 

the SIP of the submitted version of Rule 

400, we would remove from the SIP the 

previous version of the rule, identified 

in Table 2 above. 

III. Incorporation by Reference 

In this rulemaking, 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 the rule 

identified and discussed in section I.A. 

of this preamble that includes revisions 

concerning the District’s NSR permitting 

program for new and modified sources 

of air pollution under part D of Title I 

of the CAA. The EPA has made and will 

continue to make, these materials 

available through https://

www.regulations.gov and at the EPA 

Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this proposed action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it proposes to approve a state 

program; 


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Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Proposed Rules 65649 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. The EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ The EPA 

further defines the term fair treatment to 

mean that ‘‘no group of people should 

bear a disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The State did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. The EPA did not perform an 

EJ analysis and did not consider EJ in 

this action. Due to the nature of the 

action being taken here, this action is 

expected to have a neutral to positive 

impact on the air quality of the affected 

area. Consideration of EJ is not required 

as part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

List of Subjects in 40 CFR Part 52 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, and Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: September 18, 2023. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2023–20669 Filed 9–22–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R08–RCRA–2023–0034; FRL 10614– 

01–R8] 

Wyoming: Authorization of State 

Hazardous Waste Management 

Program Revisions and Incorporation 

by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to grant 

authorization to the State of Wyoming 

for the changes to its hazardous waste 

program under the Solid Waste Disposal 

Act, as amended, commonly referred to 

as the Resource Conservation and 

Recovery Act (RCRA). The EPA has 

determined that these changes satisfy all 

requirements needed to qualify for final 

authorization and is authorizing the 

State’s changes through a direct final 

action, which can be found in the 

‘‘Rules and Regulations’’ section of this 

Federal Register. In addition, the EPA is 

proposing to codify in the regulations 

entitled, ‘‘Hazardous Waste Rules and 

Regulations, Chapter 1, General 

Provisions,’’ Wyoming’s authorized 

hazardous waste program. The EPA will 

incorporate by reference into the Code 

of Federal Regulations (CFR) those 

provisions of the State regulations that 

are authorized and that the EPA will 

enforce under RCRA. 

DATES: Send written comments by 

October 25, 2023. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

RCRA–2023–0034, at https://

www.regulations.gov. Follow the 

detailed instructions for submitting 

comments electronically or by other 

methods in the ADDRESSES section of the 

direct final rule located in the ‘‘Rules 

and Regulations’’ section of this Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: 

Moye Lin at (303) 312–6667, lin.moye@

epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ section of this 

Federal Register, the EPA is authorizing 

changes to the Wyoming program, in 

addition to codifying and incorporating 

by reference the State’s hazardous waste 

program as a direct final rule. The EPA 

did not make a proposal prior to the 

direct final rule because we believe 

these actions are not controversial and 

do not expect comments that oppose 

them. We have explained the reasons for 

this authorization and incorporation by 

reference in the preamble to the direct 

final rule. 

Unless EPA receives written 

comments that oppose the authorization 

and incorporation by reference during 

the comment period, the direct final 

rule will become effective on the date it 

establishes, and we will not take further 

action on this proposal. If we get 

comments that oppose the 

authorization, we will withdraw the 

direct final rule and it will not take 

immediate effect. We will then respond 

to public comments in a later final rule 

based on this proposal. You may not 

have another opportunity for comment. 

If you want to comment on this action, 

you must do so at this time. 

Dated: August 31, 2023. 

KC Becker, 

Regional Administrator, Region 8. 

[FR Doc. 2023–20522 Filed 9–22–23; 8:45 am] 

BILLING CODE 6560–50–P 


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