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C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

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. 

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, Rev. 1, associated 

implementing instructions, 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 a safety 

zone encompassing an area in vicinity 

of Huntington Beach and the 

Huntington Beach Pier. It is 

categorically excluded from further 

review under paragraph L60(a), in Table 

3–1 of U.S. Coast Guard Environmental 

Planning Implementing Procedures. It is 

categorically excluded from further 

review under paragraph 60(a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 01. A 

Record of Environmental Consideration 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. 

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.T11–140 to read as 

follows: 

§ 165.T11–140 Safety Zone; Pacific Ocean, 

Huntington Beach, California. 

(a) Location. The following area is a 

safety zone: All navigable waters from 

the surface to the sea floor consisting of 

a line connecting the following 

coordinates: 33°38.391′ N; 117°58.820′ 

W, 33°37.984′ N; 117°59.187′ W, 

33°39.184′ N; 118°1.111′ W, 33°39.591′ 

N; 118°0.745′ W. These coordinates are 

based on North American Datum of 

1983. 

(b) Definitions. As used in this 

section, Designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Los Angeles-Long Beach 

(COTP) in the enforcement of the safety 

zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by hailing Coast Guard 

Sector Los Angeles—Long Beach on 

VHF–FM Channel 16 or calling at (310) 

521–3801. Those in the safety zone must 

comply with all lawful orders or 

directions given to them by the COTP or 

the COTP’s designated representative. 

(d) Enforcement period. The 

temporary safety zone will be enforced 

from 9:30 a.m. to 5 p.m. each day from 

September 29, 2023, to October 1, 2023. 

The marine public will be notified of 

this safety zone via Broadcast Notice to 

Mariners. If the COTP determines that 

the zone need not be enforced during 

this entire period, the Coast Guard will 

announce via Broadcast Notice to 

Mariners when the zone will no longer 

be subject to enforcement. 

Dated: September 21, 2023. 

R.D. Manning, 

Captain, U.S. Coast Guard, Captain of the 

Port Los Angeles—Long Beach. 

[FR Doc. 2023–21302 Filed 9–28–23; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2023–0342: FRL–11155– 

02–R10] 

Air Plan Approval; Washington; 

Southwest Clean Air Agency, General 

Air Quality Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Washington State Implementation 

Plan (SIP) that were submitted on June 

22, 2023, by the Department of Ecology 

in coordination with the Southwest 

Clean Air Agency (SWCAA). In 2017, 

the EPA approved a comprehensive 

update to SWCAA 400 General 

Regulations for Air Pollution Sources in 

the SIP, which includes new source 

review permitting requirements as well 

as other general requirements for 

sources regulated under SWCAA’s 

jurisdiction. In this action, the EPA is 

approving minor updates to SWCAA 

400 promulgated since our 

comprehensive approval in 2017. 

DATES: This final rule is effective 

October 30, 2023. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 


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1On June 22, 2023, Washington also submitted a 

separate SIP revision titled ‘‘Startup, Shutdown, 

and Malfunction (SSM) Provisions in Southwest 

Clean Air Agency 400 General Regulations for Air 

Pollution Sources’’ which is outside the scope of 

this action. 

No. EPA–R10–OAR–2023–0342. 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 or other information the 

disclosure of which 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 at https://

www.regulations.gov, or please contact 

the person listed in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt, EPA Region 10, 1200 Sixth 

Avenue—Suite 155, Seattle, WA 98101, 

at (206) 553–0256, or hunt.jeff@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we’’ or ‘‘our’’ is used, it means the 

EPA. 

I. Background 

On June 22, 2023, Washington 

submitted a SIP revision to the EPA. In 

the submission, Southwest Clean Air 

Agency (SWCAA) made minor revisions 

to the general air quality regulations and 

requested, in coordination with the 

Washington Department of Ecology, to 

update the federally approved SIP. On 

July 31, 2023, we proposed to approve 

the submission (88 FR 49398). The 

reasons for our proposed approval are 

included in the proposal and will not be 

restated here. The public comment 

period closed on August 30, 2023. We 

received no comments on our proposed 

action and therefore we are finalizing 

our action as proposed. 

II. Final Action 

The EPA is approving and 

incorporating by reference the 

regulatory changes to SWCAA 400 

General Regulations for Air Pollution 

Sources submitted by Washington on 

June 22, 2023.1 The EPA is also 

approving a minor, non-substantive 

change to the Code of Federal 

Regulations (CFR) at 40 CFR 

52.2470(c)—Table 8 under the 

applicability subheading to more clearly 

reflect jurisdiction for issuing permits 

under the Prevention of Significant 

Deterioration (PSD) program. Upon the 

effective date of this action, the 

Washington SIP will include the 

following regulations as they apply in 

the SWCAA local jurisdiction: 

• 400–025 Adoption of Federal Rules 

(adopting Federal regulations cited in 

the local agency rules) state effective 

September 10, 2021; 

• 400–030 Definitions (establishing 

definitions used in the local agency 

rules) state effective September 10, 

2021; 

• 400–036 Portable Sources From 

Other Washington Jurisdictions 

(outlining requirements for portable 

sources locating within the local 

jurisdiction) state effective September 

10, 2021; 

• 400–050 Emission Standards for 

Combustion and Incineration Units 

(establishing emissions standards for 

sources within the local jurisdiction) 

state effective September 10, 2021; 

• 400–060 Emission Standards for 

General Process Units (establishing 

particulate matter emissions standards) 

state effective March 21, 2020; 

• 400–072 Small Unit Notification for 

Selected Source Categories (establishing 

uniform standards for certain small 

source categories) state effective 

September 10, 2021; 

• 400–074 Gasoline Transport Tanker 

Registration (establishing standards for 

gasoline transport tankers) state 

effective June 18, 2017; 

• 400–091 Voluntary Limits on 

Emissions (allowing stationary sources 

to take a voluntary reduction in 

potential to emit) state effective 

September 10, 2021; 

• 400–105 Records, Monitoring and 

Reporting (establishing compliance 

requirements on stationary sources) 

state effective September 10, 2021; 

• 400–106 Emission Testing and 

Monitoring at Air Contaminant Sources 

(establishing emissions testing 

standards for sources and emissions 

units) state effective September 10, 

2021; 

• 400–109 Air Discharge Permit 

Applications (establishing permit 

processes for new sources in the local 

jurisdiction) state effective September 

10, 2021; 

• 400–110 Application Review 

Process for Stationary Sources (New 

Source Review) (establishing agency 

review standards for air permit 

applications) state effective September 

10, 2021; 

• 400–111 Requirements for New 

Sources in a Maintenance Plan Area 

(establishing specific permit 

requirements within a former 

nonattainment area) state effective 

September 10, 2021; 

• 400–112 Requirements for New 

Sources in Nonattainment Areas 

(establishing permit requirements for 

current nonattainment areas) state 

effective September 10, 2021; 

• 400–113 Requirements for New 

Sources in Attainment or 

Nonclassifiable Areas (establishing 

permit requirements in areas that have 

not been designated as nonattainment 

for criteria pollutants) state effective 

September 10, 2021; 

• 400–114 Requirements for 

Replacement or Substantial Alteration 

of Emission Control Technology at an 

Existing Stationary Source (establishing 

permit requirements for modification of 

emissions controls at existing facilities) 

state effective September 10, 2021; 

• 400–136 Maintenance of Emission 

Reduction Credits in Bank (supporting 

an emissions reduction trading program) 

state effective September 10, 2021; 

• 400–151 Retrofit Requirements for 

Visibility Protection (establishing 

requirements to minimize regional haze) 

state effective September 10, 2021; 

• 400–171 Public Involvement 

(establishing public notice and other 

requirements for agency actions) state 

effective September 10, 2021; 

• 400–260 Conflict of Interest 

(requires SWCAA board members to 

comply with Clean Air Act section 128) 

state effective September 10, 2021; 

• 400–810 Major Stationary Source 

and Major Modification Definitions 

(establishing specific definitions for 

permitting requirements at major 

sources located in a nonattainment area) 

state effective September 10, 2021; 

• 400–850 Actual Emissions— 

Plantwide Applicability Limitation 

(PAL) (adopting the Federal Emission 

Offset Ruling) state effective March 21, 

2020; 

• Appendix A SWCAA Method 9 

Visual Opacity Determination Method 

(establishing test methods for opacity 

compliance) state effective March 21, 

2020. 

In addition to the regulations 

approved and incorporated by reference 

above, the EPA reviews and approves 

state and local clean air agency 

submissions to ensure they provide 

adequate enforcement authority and 

other general authority to implement 

and enforce the SIP. However, 

regulations describing such agency 

enforcement and other general authority 

are generally not incorporated by 

reference so as to avoid potential 

conflict with the EPA’s independent 

authorities. We are therefore approving 

the submitted revisions, effective 

September 10, 2021, to sections 400– 

230, 400–240, 400–270, and 400–280 in 

40 CFR 52.2470(e), EPA Approved 

Nonregulatory Provisions and QuasiRegulatory Measures. 


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2 62 FR 27968 (May 22, 1997). 

III. Incorporation by Reference 

In this document, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, we are finalizing the incorporation 

by reference of the Southwest Clean Air 

Agency regulatory provisions described 

in section II of this preamble and set 

forth in the amendments to 40 CFR part 

52 in this document. The EPA has 

made, and will continue to make, these 

materials generally available through 

https://www.regulations.gov and at the 

EPA Region 10 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 the EPA for inclusion in 

the SIP, have been incorporated by 

reference by the EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the Clean Air 

Act as of the effective date of the final 

rule of the EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.2

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 Clean Air Act and 

applicable Federal regulations. 42 

U.S.C. 7410(k); 40 CFR 52.02(a). Thus, 

in reviewing SIP submissions, the EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, this 

action merely approves state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.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. 

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 Southwest Clean Air Agency and 

the Washington Department of Ecology 

did not evaluate environmental justice 

considerations as part of its SIP 

submittal; the Clean Air Act 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 Executive Order 

12898 of achieving environmental 

justice for people of color, low-income 

populations, and Indigenous peoples. 

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 it 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). 

This action is subject to the 

Congressional Review Act, and the EPA 

will submit a rule report to each House 

of the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by November 28, 

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 by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 22, 2023. 

Casey Sixkiller, 

Regional Administrator, Region 10. 

For the reasons set forth in the 

preamble, 40 CFR part 52 is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart WW—Washington 

■ 2. Amend § 52.2470 as follows: 

■ a. In paragraph (c), table 8 by: 

■ i. Revising the table heading; 

■ ii. Under the heading ‘‘SWCAA 400— 

General Regulations for Air Pollution 

Sources’’: 

■ A. Adding an entry for ‘‘400–025’’ in 

numerical order; 

■ B. Revising the entries for ‘‘400–030’’, 

‘‘400–036’’, ‘‘400–050’’, ‘‘400–060’’, 

‘‘400–072’’; 


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■ C. Adding an entry for ‘‘400– 

072(5)(b)’’ in numerical order; 

■ D. Revising the entries for ‘‘400–074’’, 

‘‘400–091’’, ‘‘400–105’’, ‘‘400–106’’, 

‘‘400–109’’, ‘‘400–110’’, ‘‘400–111’’, 

‘‘400–112’’, ‘‘400–113’’, ‘‘400–114’’, 

‘‘400–136’’, ‘‘400–151’’, ‘‘400–171’’; 

■ E. Adding an entry for ‘‘400–260’’ in 

numerical order; and 

■ F. Revising the entries ‘‘400–810’’, 

‘‘400–850’’ and ‘‘Appendix A’’; and 

■ b. In paragraph (e), table 1, under the 

heading ‘‘Southwest Clean Air Agency 

Regulations’’ by: 

■ i. Revising the entries for ‘‘400–230’’ 

and ‘‘400–240’’; 

■ ii. Removing the entry for ‘‘400–260’’; 

and 

■ iii. Revising the entries for ‘‘400–270’’, 

and ‘‘400–280’’. 

The revisions and additions read as 

follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 8—ADDITIONAL REGULATIONS APPROVED FOR THE SOUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION

[Applicable in Clark, Cowlitz, Lewis, Skamania and Wahkiakum counties, excluding facilities subject to Energy Facilities Site Evaluation Council 

(EFSEC) jurisdiction; facilities subject to the Washington Department of Ecology’s direct jurisdiction under Chapters 173–405, 173–410, and 

173–415 Washington Administrative Code (WAC); Indian reservations; any other area where the EPA or an Indian tribe has demonstrated 

that a tribe has jurisdiction; and the Prevention of Significant Deterioration (PSD) permitting of facilities subject to the applicability sections of 

WAC 173–400–700.] 

State/local citation Title/subject 

State/local 

effective 

date 

EPA 

approval date Explanations 

Southwest Clean Air Agency Regulations 

SWCAA 400—General Regulations for Air Pollution Sources 

*******

400–025 ................ Adoption of Federal Rules ... 9/10/21 9/29/23, [INSERT FEDERAL 

REGISTER CITATION].

400–030 ................ Definitions ............................ 9/10/21 9/29/23, [INSERT FEDERAL 

REGISTER CITATION].

Except: 400–030(21) and (130). 

400–036 ................ Portable Sources from Other 

Washington Jurisdictions.

9/10/21 9/29/23, [INSERT FEDERAL 

REGISTER CITATION].

* * * * * * * 

400–050 ................ Emission Standards for 

Combustion and Incineration Units.

9/10/21 9/29/23, [INSERT FEDERAL 

REGISTER CITATION].

Except: 400–050(3); 400–050(5); 400– 

050(6); and 400–050(7). 

400–060 ................ Emission Standards for General Process Units.3/21/20 9/29/23, [INSERT FEDERAL 

REGISTER CITATION].

* * * * * * * 

400–072 ................ Small Unit Notification for 

Selected Source Categories.

9/10/21 9/29/23, [INSERT FEDERAL 

REGISTER CITATION].

Except: 400–072(5)(a)(ii)(B); 400– 

072(5)(d)(ii)(B); 400–072(5)(d)(iii)(A); 

400–072(5)(d)(iii)(B); all reporting requirements related to toxic air pollutants; 

and 400–072(5)(b), which EPA previously approved with a state-effective 

date of October 9, 2016. 

400–072 (5)(b) ...... Small Unit Notification for 

Selected Source Categories.

10/9/16 04/10/17, 82 FR 17136.

400–074 ................ Gasoline Transport Tanker 

Registration.

6/18/17 9/29/23, [INSERT FEDERAL 

REGISTER CITATION].

Except: 400–074(2). 

* * * * * * * 

400–091 ................ Voluntary Limits on Emissions.9/10/21 9/29/23, [INSERT FEDERAL 

REGISTER CITATION].

400–105 ................ Records, Monitoring and Reporting.9/10/21 9/29/23, [INSERT FEDERAL 

REGISTER CITATION].

Except: reporting requirements related to 

toxic air pollutants. 

400–106 ................ Emission Testing and Monitoring at Air Contaminant 

Sources.

9/10/21 9/29/23, [INSERT FEDERAL 

REGISTER CITATION].

Except: 400–106(1)(d) through (g); and 

400–106(2). 

* * * * * * * 

400–109 ................ Air Discharge Permit Applications.9/10/21 9/29/23, [INSERT FEDERAL 

REGISTER CITATION].

Except: The toxic air pollutant emissions 

thresholds contained in 400–109(3)(d); 

400–109(3)(e)(ii); and 400–109(4). 

400–110 ................ Application Review Process 

for Stationary Sources 

(New Source Review).

9/10/21 9/29/23, [INSERT FEDERAL 

REGISTER CITATION].

Except: 400–110(1)(d). 

400–111 ................ Requirements for New 

Sources in a Maintenance 

Plan Area.

9/10/21 9/29/23, [INSERT FEDERAL 

REGISTER CITATION].

Except: 400–111(7). 


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TABLE 8—ADDITIONAL REGULATIONS APPROVED FOR THE SOUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION— 

Continued 

[Applicable in Clark, Cowlitz, Lewis, Skamania and Wahkiakum counties, excluding facilities subject to Energy Facilities Site Evaluation Council 

(EFSEC) jurisdiction; facilities subject to the Washington Department of Ecology’s direct jurisdiction under Chapters 173–405, 173–410, and 

173–415 Washington Administrative Code (WAC); Indian reservations; any other area where the EPA or an Indian tribe has demonstrated 

that a tribe has jurisdiction; and the Prevention of Significant Deterioration (PSD) permitting of facilities subject to the applicability sections of 

WAC 173–400–700.] 

State/local citation Title/subject 

State/local 

effective 

date 

EPA 

approval date Explanations 

400–112 ................ Requirements for New 

Sources in Nonattainment 

Areas.

9/10/21 9/29/23, [INSERT FEDERAL 

REGISTER CITATION].

Except: 400–112(6). 

400–113 ................ Requirements for New 

Sources in Attainment or 

Nonclassifiable Areas.

9/10/21 9/29/23, [INSERT FEDERAL 

REGISTER CITATION].

Except: 400–113(5). 

400–114 ................ Requirements for Replacement or Substantial Alteration of Emission Control 

Technology at an Existing 

Stationary Source.

9/10/21 9/29/23, [INSERT FEDERAL 

REGISTER CITATION].

* * * * * * * 

400–136 ................ Maintenance of Emission 

Reduction Credits in Bank.

9/10/21 9/29/23, [INSERT FEDERAL 

REGISTER CITATION].

400–151 ................ Retrofit Requirements for 

Visibility Protection.

9/10/21 9/29/23, [INSERT FEDERAL 

REGISTER CITATION].

* * * * * * * 

400–171 ................ Public Involvement ............... 9/10/21 9/29/23, [INSERT FEDERAL 

REGISTER CITATION].

Except: 400–171(2)(a)(xii). 

* * * * * * * 

400–260 ................ Conflict of Interest ................ 9/10/21 9/29/23, [INSERT FEDERAL 

REGISTER CITATION].

* * * * * * * 

400–810 ................ Major Stationary Source and 

Major Modification Definitions.

9/10/21 9/29/23, [INSERT FEDERAL 

REGISTER CITATION].

* * * * * * * 

400–850 ................ Actual Emissions—Plantwide 

Applicability Limitation 

(PAL).

3/21/20 9/29/23, [INSERT FEDERAL 

REGISTER CITATION].

* * * * * * * 

Appendix A ........... SWCAA Method 9 Visual 

Opacity Determination 

Method.

3/21/20 9/29/23, [INSERT FEDERAL 

REGISTER CITATION].

* * * * * * * 

* * * * * (e) * * * 

TABLE 1—APPROVED BUT NOT INCORPORATED BY REFERENCE REGULATIONS

State/local citation Title/subject 

State/local 

effective 

date 

EPA 

approval date Explanations 

*******

Southwest Clean Air Agency Regulations 

*******

400–230 ................ Regulatory Actions and Civil Penalties 9/10/21 9/29/23, [INSERT FEDERAL REGISTER CITATION].

400–240 ................ Criminal Penalties ................................. 9/10/21 9/29/23, [INSERT FEDERAL REGISTER CITATION].


lotter on DSK11XQN23PROD with RULES1
67102 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 

TABLE 1—APPROVED BUT NOT INCORPORATED BY REFERENCE REGULATIONS—Continued 

State/local citation Title/subject 

State/local 

effective 

date 

EPA 

approval date Explanations 

*******

400–270 ................ Confidentiality of Records and Information.9/10/21 9/29/23, [INSERT FEDERAL REGISTER CITATION].

400–280 ................ Powers of Agency ................................. 9/10/21 9/29/23, [INSERT FEDERAL REGISTER CITATION].

*******

* * * * * 

[FR Doc. 2023–21267 Filed 9–28–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 97 

[EPA–HQ–OAR–2021–0668; FRL–8670.3– 

01–OAR] 

Federal ‘‘Good Neighbor Plan’’ for the 

2015 Ozone National Ambient Air 

Quality Standards; Response to 

Additional Judicial Stays of SIP 

Disapproval Action for Certain States 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Interim final rule; request for 

comment. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking interim final 

action to stay, for emissions sources in 

Alabama, Minnesota, Nevada, 

Oklahoma, Utah, and West Virginia 

only, the effectiveness of the Federal 

Implementation Plan (FIP) requirements 

established to address the obligations of 

these and other States to mitigate 

interstate air pollution with respect to 

the 2015 national ambient air quality 

standards (NAAQS) for ozone (the Good 

Neighbor Plan). The EPA is also revising 

certain other regulations to ensure the 

continued implementation of previously 

established requirements to mitigate 

interstate air pollution with respect to 

other ozone NAAQS while the Good 

Neighbor Plan’s requirements are 

stayed. The stay and the associated 

revisions to other regulations are being 

issued in response to judicial orders that 

partially stay, pending judicial review, a 

separate EPA action which disapproved 

certain State Implementation Plan (SIP) 

revisions submitted by these and other 

States. 

DATES: This interim final rule is 

effective on September 29, 2023. 

Comments on this rule must be received 

on or before October 30, 2023. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2021–0668, by any of the 

following methods: 

• Federal eRulemaking portal: 

https://www.regulations.gov (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Air and Radiation Docket, Mail Code 

28221T, 1200 Pennsylvania Avenue 

NW, Washington, DC 20460. 

• Hand delivery or courier: EPA 

Docket Center, WJC West Building, 

Room 3334, 1301 Constitution Avenue 

NW, Washington, DC 20004. The Docket 

Center’s hours of operations are 8:30 

a.m.–4:30 p.m., Monday–Friday (except 

Federal holidays). 

Comments received may be posted 

without change to https://

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on sending 

comments, see the ‘‘Public 

Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

David Lifland, Clean Air Markets 

Division, Office of Atmospheric 

Protection, Office of Air and Radiation, 

U.S. Environmental Protection Agency, 

Mail Code 6204A, 1200 Pennsylvania 

Avenue NW, Washington, DC 20460; 

telephone: 202–343–9151; email: 

lifland.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General 

A. Public Participation 

Submit your written comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2021–0668, at https://

www.regulations.gov (our preferred 

method), or by the other methods 

identified in the ADDRESSES section. 

Once submitted, comments cannot be 

edited or removed from the docket. The 

EPA may publish any comment received 

to its public docket. Do not submit to 

the EPA’s docket at https://

www.regulations.gov any information 

you consider to be Confidential 

Business Information (CBI), Proprietary 

Business Information (PBI), 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). Please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets for additional 

submission methods; the full EPA 

public comment policy; information 

about CBI, PBI, or multimedia 

submissions; and general guidance on 

making effective comments. 

B. Potentially Affected Entities 

This action revises on an interim basis 

the Good Neighbor Plan, which applies 

to electric generating units (EGUs) and 

non-EGU industrial sources. This action 

also revises other allowance trading 

program regulations that apply to EGUs 

but not to non-EGU industrial sources. 

The affected emissions sources are 

generally in the following industry 

groups: 

Industry group 

North American 

Industry 

Classification 

System (NAICS) 

code 

Fossil Fuel Electric 

Power Generation ....... 221112 

Pipeline Transportation of 

Natural Gas ................. 4862 

Cement and Concrete 

Product Manufacturing 3273 

Iron and Steel Mills and 

Ferroalloy Manufacturing ........................... 3311 

Glass and Glass Product 

Manufacturing ............. 3272 

Basic Chemical Manufacturing ........................... 3251 


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