Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Rules and Regulations 67963 

1 In FDEP’s April 1, 2022, submission, the State 

requested several other approvals from EPA, and 

EPA is addressing those rules in a separate action. 

submittals is disapproved, effective on 

November 2, 2023: 

(1) The ‘‘Dallas-Fort Worth and 

Houston-Galveston-Brazoria Serious 

Classification Reasonable Further 

Progress State Implementation Plan 

Revision for the 2008 Eight-Hour Ozone 

National Ambient Air Quality 

Standard’’ adopted March 4, 2020, and 

submitted May 13, 2020. 

(2) The ‘‘Dallas-Fort Worth Serious 

Classification Attainment 

Demonstration State Implementation 

Plan Revision for the 2008 Eight-Hour 

Ozone National Ambient Air Quality 

Standard’’ adopted March 4, 2020, and 

submitted May 13, 2020. 

(3) The ‘‘Houston-Galveston-Brazoria 

Serious Classification Attainment 

Demonstration State Implementation 

Plan Revision for the 2008 Eight-Hour 

Ozone National Ambient Air Quality 

Standard’’ adopted March 4, 2020, and 

submitted May 13, 2020. 

[FR Doc. 2023–21757 Filed 10–2–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 

[EPA–R04–OAR–2022–0608; FRL–10387– 

02–R4] 

Air Plan Approval; Florida; 

Noninterference Demonstrations for 

Removal of CAIR and Obsolete Rules 

in the Florida SIP 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a portion of 

a State Implementation Plan (SIP) 

revision submitted by the Florida 

Department of Environmental Protection 

(FDEP) on April 1, 2022, for the purpose 

of removing several rules from the 

Florida SIP. EPA is approving the 

removal of the State’s Clean Air 

Interstate Rule (CAIR) rules from the 

Florida SIP as well as several 

Reasonably Available Control 

Technology (RACT) rules for particulate 

matter (PM) because these rules have 

become obsolete. The State has 

provided a non-interference 

demonstration to support the removal of 

these rules from the Florida SIP 

pursuant to the Clean Air Act (CAA or 

Act). 

DATES: This rule is effective November 

2, 2023. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2022–0608. 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, 

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: 

Evan Adams, Air Planning and 

Implementation Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960. 

The telephone number is (404) 562– 

9009. Mr. Adams can also be reached 

via electronic mail at adams.evan@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On April 1, 2022, FDEP submitted a 

SIP revision to remove Rules 62– 

296.470, Florida Administrative Code 

(F.A.C.), Implementation of Federal 

Clean Air Interstate Rule, 62–296.701, 

F.A.C., Portland Cement Plants, 62– 

296.703, F.A.C., Carbonaceous Fuel 

Burners, 62–296.706, F.A.C., Glass 

Manufacturing Process, 62–296.709, 

F.A.C., Lime Kilns, and 62–296.710, 

F.A.C., Smelt Dissolving Tanks from the 

SIP.1 Florida repealed Rule 62–296.470 

on August 14, 2019, through a State 

regulatory action because CAIR has 

sunset and, under CSAPR, EPA 

determined that sources in Florida do 

not contribute significantly to 

nonattainment in, or interfere with 

maintenance by, any other State with 

respect to the covered NAAQS. Because 

the Cross-State Air Pollution Rule 

(CSAPR) replaced CAIR, and EPA 

previously determined that CSAPR does 

not apply to Florida, neither of these 

rules have any applicability in Florida 

today. Similarly, Florida’s PM RACT 

rules only apply to emission units that 

have been issued an air permit on or 

before May 30, 1988. There are no 

longer any units in the State still in 

operation covered by Rules 62–296.701, 

62–296.703, 62–296.706, 62–296.709, 

and 62–296.710. Therefore, removal of 

these rules from the SIP will not 

interfere with any applicable 

requirement concerning attainment and 

reasonable further progress or any other 

applicable requirement of the CAA. See 

CAA section 110(l). 

Through a notice of proposed 

rulemaking (NPRM) published on 

August 11, 2023 (88 FR 54534), EPA 

proposed to approve the portion of 

Florida’s April 1, 2022, SIP submittal 

seeking removal of Florida Rules 62– 

296.470, 62–296.701, 62–296.703, 62– 

296.706, 62–296.709, and 62–296.710 

from the SIP. The details of Florida’s 

submission, as well as EPA’s rational for 

removing these rules, are described in 

more detail in EPA’s August 11, 2023, 

NPRM. Comments on the August 11, 

2023, NPRM were due on or before 

September 11, 2023. No adverse 

comments were received on the August 

11, 2023, NPRM. 

II. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. EPA is 

finalizing the removal of Rules 62– 

296.470, F.A.C., Implementation of 

Federal Clean Air Interstate Rule, 62– 

296.701, F.A.C., Portland Cement 

Plants, 62–296.703, F.A.C., 

Carbonaceous Fuel Burners, 62– 

296.706, F.A.C., Glass Manufacturing 

Process, 62–296.709, F.A.C., Lime Kilns, 

and 62–296.710, F.A.C., Smelt 

Dissolving Tanks from the Florida SIP, 

which is incorporated by reference in 

accordance with the requirements of 1 

CFR part 51, as discussed in Section I 

of this preamble. EPA has made and 

will continue to make the SIP generally 

available at the EPA Region 4 Office 

(please contact the person identified in 

the ‘‘For Further Information Contact’’ 

section of this preamble for more 

information). 

III. Final Action 

EPA is approving the portion of the 

April 1, 2022, Florida SIP revision that 

consists of the removal of Rules 62– 

296.470, 62–296.701, 62–296.703, 62– 

296.706, 62–296.709, and 62–296.710 

from the Florida SIP. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 


ddrumheller on DSK120RN23PROD with RULES1
67964 Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Rules and Regulations 

that complies with the provisions of the 

Act 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. 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 CAA. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where 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. 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.’’ 

FDEP 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. Due 

to the nature of the action being taken 

here, this action is expected to have a 

neutral 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 EJ for people of 

color, low-income 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 December 4, 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: September 27, 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. 

Subpart K—Florida 

§ 52.520 [Amended] 

■ 2. In § 52.520 in paragraph (c) amend 

the table under the heading ‘‘Chapter 

62–296 Stationary Sources-Emission 

Standards’’ by removing the entries for 

‘‘Rules 62–296.470, Implementation of 

Federal Clean Air Interstate Rule,’’ ‘‘62– 

296.701, Portland Cement Plants,’’ ‘‘62– 

296.703, Carbonaceous Fuel Burners,’’ 

‘‘62–296.706, Glass Manufacturing 

Process,’’ ‘‘62–296.709, Lime Kilns,’’ and 

‘‘62–296.710, Smelt Dissolving Tanks.’’ 

[FR Doc. 2023–21723 Filed 10–2–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 3195 

[BLM_HQ_FRN_MO4500172196] 

RIN 1004–AE93 

Helium Contracts 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Final rule. 

SUMMARY: The Helium Stewardship Act 

of 2013 (HSA) required the Bureau of 

Land Management (BLM) to sell the 

Federal Helium System (FHS) and end 

the Federal Helium In-Kind Program. 

Accordingly, on September 24, 2021, 

the BLM declared the FHS as excess to 

the General Services Administration 

(GSA), and on September 30, 2022, 

ceased operation of the Federal Helium 

In-Kind Program. This final rule 

removes the Federal Helium In-Kind 

Program’s associated provisions from 

the BLM’s regulations. 

DATES: This final rule is effective on 

October 3, 2023. 

ADDRESSES: You may send inquiries or 

suggestions to Director (630), Bureau of 

Land Management, 1849 C St. NW, 

Room 5646, Washington, DC 20240; 

Attention: RIN 1004–AE93. 


ddrumheller on DSK120RN23PROD with RULES1