71518 Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Proposed Rules 

1 80 FR 65292 (October 26, 2015). 

2 83 FR 25776 (June 4, 2018). 

3 83 FR 62998 (December 6, 2018). The SIP 

Requirements Rule addresses a range of 

nonattainment area SIP requirements for the 2015 

ozone NAAQS, including requirements pertaining 

to attainment demonstrations, reasonable further 

progress (RFP), reasonably available control 

technology, reasonably available control measures, 

major new source review, emission inventories, and 

the timing of SIP submissions and of compliance 

with emission control measures in the SIP. 

helicopter shall be valid for the 

operation of an R–44 helicopter unless 

that flight review was taken in the R–44. 

(3) The flight review will include a 

review of the ground training subject 

areas of paragraph 2(a)(3) of this SFAR 

and flight training in abnormal and 

emergency procedures, in the Robinson 

R–22 or R–44 helicopter, as appropriate, 

identified in paragraph 2(b) of this 

SFAR. 

(d) Currency Requirements: No person 

may act as pilot in command of a 

Robinson model R–22 or R–44 

helicopter carrying passengers unless 

the pilot in command has met the 

recency of flight experience 

requirements of § 61.57 in an R–22 or R– 

44, as appropriate. 

3. Expiration date. This SFAR No. 73 

expires [DATE FIVE YEARS AFTER 

EFFECTIVE DATE OF THE FINAL 

RULE] unless sooner revised or 

rescinded. 

Issued under authority provided by 49 

U.S.C. 106(f), 44701(a), and 44703 in 

Washington, DC. 

Wesley L. Mooty, 

Acting Deputy Executive, Flight Standards 

Service. 

[FR Doc. 2023–22634 Filed 10–16–23; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2023–0422; FRL–11353– 

01–R9] 

Air Plan Revisions; California; Butte 

County Air Quality Management 

District; Nonattainment New Source 

Review Requirements for the 2015 

8-Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

state implementation plan (SIP) 

revisions submitted by the State of 

California addressing the nonattainment 

new source review (NNSR) 

requirements for the 2015 8-hour ozone 

national ambient air quality standards 

(NAAQS or ‘‘standard’’). This SIP 

revision addresses the Butte County Air 

Quality Management District 

(‘‘District’’) portion of the California SIP. 

This action is being taken pursuant to 

the Clean Air Act (CAA or ‘‘Act’’) and 

its implementing regulations. 

DATES: Comments must be received on 

or before November 16, 2023. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2023–0422 at https://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. The EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www2.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 a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Shaheerah Kelly, EPA Region IX, 75 

Hawthorne Street (AIR–3–2), San 

Francisco, CA 94105. By phone: (415) 

947–4156 or by email at 

kelly.shaheerah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background and Purpose 

II. The State’s Submittal 

A. What did the State submit? 

B. What is the purpose of the submitted 

rule? 

III. Analysis of Nonattainment New Source 

Review Requirements 

IV. Proposed Action and Public Comment 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background and Purpose 

On October 26, 2015, the EPA 

promulgated a revised 8-hour ozone 

NAAQS of 0.070 parts per million 

(ppm).1 Upon promulgation of a new or 

revised NAAQS, the CAA requires the 

EPA to designate as nonattainment any 

area that is violating the NAAQS based 

on the three most recent years of 

ambient air quality data. Butte County 

was classified as a ‘‘Marginal’’ ozone 

nonattainment area.2

On December 6, 2018, the EPA issued 

a final rule entitled, ‘‘Implementation of 

the 2015 National Ambient Air Quality 

Standards for Ozone: Nonattainment 

Area State Implementation Plan 

Requirements’’ (‘‘SIP Requirements 

Rule’’), which establishes the 

requirements and deadlines that state, 

tribal, and local air quality management 

agencies must meet as they develop 

implementation plans for areas where 

ozone concentrations exceed the 2015 

ozone NAAQS.3 Based on the initial 

nonattainment designation for the 2015 

ozone standard, the District was 

required to make a SIP revision 

addressing NNSR no later than August 

3, 2021. See 40 CFR 51.1314. This 

requirement may be met by submitting 

a SIP revision consisting of a new or 

revised NNSR permit program. 

II. The State’s Submittal 

A. What did the State submit? 

Table 1 lists the dates the submitted 

rule addressed by this proposal was 

amended by the District and submitted 

by the California Air Resources Board 

(CARB), the agency that serves as the 

governor’s designee for California SIP 

submittals. 


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Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Proposed Rules 71519 

4 81 FR 93820 (December 22, 2016), and 83 FR 

26222 (June 6, 2018). 

5Sierra Club v. EPA, 21 F.4th 815 (D.C. Cir. 2021) 

and 86 FR 37918 (July 19, 2021). 

TABLE 1—SUBMITTED RULE

Rule Title Amendment 

date 

Submittal 

date 

Cover 

letter date 

Rule 432 ........... Federal New Source Review (FNSR) .......................................................... 4/22/2021 8/3/2021 8/3/2021 

On February 3, 2022, CARB’s August 

3, 2021 submittal was deemed to be 

complete by operation of law in 40 CFR 

part 51, appendix V, which must be met 

before formal EPA review. 

B. What is the purpose of the submitted 

rule? 

The submittal from the District is 

intended to satisfy the SIP Requirements 

Rule that requires states to make a SIP 

revision addressing NNSR. The SIP for 

the District currently contains an 

approved NNSR permit program based 

on their nonattainment classification for 

the 2008 8-hour ozone NAAQS. This 

submittal is intended to satisfy the 40 

CFR 51.1314 submittal requirements 

based on the District’s 2015 ozone 

nonattainment designation. The EPA’s 

analysis of how these SIP revisions 

address the NNSR requirements for the 

2015 ozone NAAQS is provided below. 

III. Analysis of Nonattainment New 

Source Review Requirements 

The minimum SIP requirements for 

NNSR permitting programs for the 2015 

8-hour ozone NAAQS are contained in 

40 CFR 51.165. These NNSR program 

requirements include those promulgated 

in the SIP Requirements Rule 

implementing the 2015 ozone NAAQS. 

The SIP for each ozone nonattainment 

area must contain NNSR provisions 

that: (1) set major source thresholds for 

nitrogen oxides (NOX) and volatile 

organic compounds (VOC) pursuant to 

40 CFR 51.165(a)(1)(iv)(A)(1)(i)–(iv) and 

(2); (2) classify physical changes as a 

major source if the change would 

constitute a major source by itself 

pursuant to 40 CFR 

51.165(a)(1)(iv)(A)(3); (3) consider any 

significant net emissions increase of 

NOX as a significant net emissions 

increase for ozone pursuant to 40 CFR 

51.165(a)(1)(v)(E); (4) consider any 

increase of VOC emissions in extreme 

ozone nonattainment areas as significant 

net emissions increases and major 

modifications for ozone pursuant to 40 

CFR 51.165(a)(1)(v)(F); (5) set significant 

emissions rates for VOC and NOX as 

ozone precursors pursuant to 40 CFR 

51.165(a)(1)(x)(A)–(C) and (E); (6) 

contain provisions for emissions 

reductions credits pursuant to 40 CFR 

51.165(a)(3)(ii)(C)(1)–(2); (7) provide 

that the requirements applicable to VOC 

also apply to NOX pursuant to 40 CFR 

51.165(a)(8); (8) set offset ratios for VOC 

and NOX pursuant to 40 CFR 

51.165(a)(9)(ii)–(iv); and (9) require 

public participation procedures 

complaint with 40 CFR 51.165(i). 

The District’s SIP-approved NNSR 

program, established in Rule 432, 

‘‘Federal New Source Review (FNSR)’’ 

(amended March 23, 2017) (‘‘Rule 432’’), 

applies to the construction and 

modification of stationary sources, 

including major stationary sources in 

nonattainment areas under its 

jurisdiction.4 The only change from the 

SIP-approved NNSR program is the 

removal of provisions related to 

interpollutant trading, due to a recent 

court decision that vacated the 

interpollutant trading program.5 The 

District’s submitted SIP revision 

includes a compliance demonstration, 

consisting of a table listing each of the 

2015 ozone NAAQS NNSR SIP 

requirements from 40 CFR 51.165 and a 

citation to the specific provision of Rule 

432 satisfying the requirement. These 

documents are available in the docket 

for this action. The EPA has reviewed 

the demonstration and cited program 

elements intended to meet the federal 

NNSR requirements and is proposing to 

approve the District’s submittal because 

the current SIP-approved NNSR 

program contains all the SIP 

Requirements Rule NNSR program 

requirements applicable to the Butte 

County nonattainment area as a 

Marginal ozone nonattainment area. 

IV. Proposed Action and Public 

Comment 

The EPA is proposing to approve SIP 

revisions addressing the NNSR 

requirements for the 2015 ozone 

NAAQS for the District. In support of 

this proposed action, we have 

concluded that our approval of Rule 432 

would comply with section 110(l) of the 

Act because the submittal will not 

interfere with continued attainment of 

the NAAQS in the District. The EPA has 

concluded that the State’s submission 

fulfills the 40 CFR 51.1314 revision 

requirements and meets the 

requirements of CAA section 110 and 

the minimum SIP requirements of 40 

CFR 51.165. If we finalize this action as 

proposed, our action will incorporate 

submitted Rule 432 into the federally 

enforceable SIP and be codified through 

revisions to 40 CFR 52.220 

(Identification of plan-in part). 

We will accept comments from the 

public on this proposal until November 

16, 2023. 

V. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the District’s Rule 432, ‘‘Federal New 

Source Review (FNSR),’’ amended on 

April 22, 2021, which contains an 

NNSR program that meets federal 

permitting requirements. The EPA has 

made, and will continue to make, these 

materials available through https://

www.regulations.gov and in hard copy 

at the EPA Region IX Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

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 

Act and applicable federal regulations. 

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

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely proposes to approve state 

law as meeting federal requirements and 

does not impose additional 

requirements beyond those imposed by 

state law. For that reason, this proposed 

action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 


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71520 Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Proposed Rules 

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; 

• 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 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. 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.’’ 

The air agency 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. EPA did not perform an EJ 

analysis and did not consider EJ in this 

action. Consideration of EJ is not 

required as part of this action, and there 

is no information in the record 

inconsistent with the stated goal of E.O. 

12898 of achieving environmental 

justice for people of color, low-income 

populations, and Indigenous peoples. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon oxides, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: October 3, 2023. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2023–22372 Filed 10–16–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R1–ES–2020–0104; 

FF09E22000 FXES11130900000 234] 

RIN 1018–BC98 

Endangered and Threatened Wildlife 

and Plants; Removing Phyllostegia 

glabra var. lanaiensis From the List of 

Endangered or Threatened Plants 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), withdraw the 

proposal to remove Phyllostegia glabra 

var. lanaiensis from the Federal List of 

Endangered and Threatened Plants 

(List). This withdrawal is based on new 

surveys conducted over the past 3 years 

since completing the 5-year review for 

the species; these surveys have 

identified new suitable habitats 

comprised of native vegetation within 

the former range of P. glabra var. 

lanaiensis. Therefore, we determined 

that additional information is needed 

before concluding that the species is 

extinct. With this withdrawal of the 

proposal, P. glabra var. lanaiensis will 

remain on the List as endangered. 

Elsewhere in this issue of the Federal 

Register, we publish a final rule 

removing 21 species that were part of 

our September 30, 2021, proposed rule. 

DATES: The proposal to remove P. glabra 

var. lanaiensis from the Federal List of 

Endangered and Threatened Plants, 

which published on September 30, 2021 

(86 FR 54298), is withdrawn on October 

17, 2023. 

ADDRESSES: Relevant documents used in 

the preparation of this withdrawal are 

available on the internet at https://

www.regulations.gov at Docket No. 

FWS–R1–ES–2020–0104. 

FOR FURTHER INFORMATION CONTACT: Earl 

Campbell, Field Supervisor, Pacific 

Islands Fish and Wildlife Office (see 

ADDRESSES); telephone 808–792–9400; 

facsimile 505–346–2542. Individuals in 

the United States who are deaf, 

deafblind, hard of hearing, or have a 

speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

Previous Federal Actions 

We published a final rule to list 

Phyllostegia glabra var. lanaiensis as an 

endangered species on September 20, 

1991 (56 FR 47686), and P. glabra var. 

lanaiensis was included in the Lanai 

plant cluster recovery plan in 1995 

(USFWS 1995, entire). At the time of 

listing, no wild individuals had been 

seen since 1914, although there was one 

questionable sighting from the 1980s 

that was later considered to be P. glabra 

var. glabra (USFWS 1995, pp. 31–35; 

USFWS 2012, p. 7). Threats included 

habitat degradation and herbivory by 

feral ungulates, the establishment of 

ecosystem-altering invasive plant 

species, and the consequences of small 

population sizes (low numbers) 

(USFWS 1995, p. 56). In 2000, 

designation of critical habitat was 

considered not prudent for P. glabra var. 

lanaiensis because this plant had not 

been observed in the wild in over 20 

years, and no viable genetic material 

was available for recovery efforts (65 FR 

82086; December 27, 2000). Two 5-year 

status reviews have been completed; the 

2012 review (initiated on April 8, 2010; 

see 75 FR 17947) recommended surveys 

within the historical range and within 

suitable habitat on Lanai, with no 

change in status. Despite repeated 

surveys of historical and suitable habitat 

by botanists since 2006, P. glabra var. 

lanaiensis has not been found (Plant 

Extinction Prevention Program (PEPP) 

2012, p. 45; Oppenheimer 2019, in litt.). 

In 2012, PEPP reported that P. glabra 

var. lanaiensis was likely extinct. The 5- 

year status review completed in 2019 

(initiated on February 12, 2016; see 81 


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