83034 Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations 

1 2018 PM2.5 Plan, ES–8. 

from which subsequent fiscal year per 

diem rates will be calculated. For 

calculation of SNF per diem rates for 

subsequent fiscal years VA will apply 

the CMS SNF Market Basket increase to 

the total per diem each year. 

Note 1 to paragraph (c)(1): The amount 

calculated under this formula reflects the 

prevailing rate payable in the geographic area 

in which the State home is located for 

nursing home care furnished in a State home. 

The amount calculated under this formula 

applies to both new and existing facilities 

with State home care agreements. Further, 

the formula for establishing these rates 

includes CMS information that is published 

in the Federal Register every year and is 

effective beginning October 1 for the entire 

fiscal year. Accordingly, VA will adjust the 

rates annually. 

* * * * * 

§ 51.70 [Amended] 

■ 3. In § 51.70, in paragraph (n), remove 

‘‘51.110(d)(2)(ii) of this part’’ and add in 

its place ‘‘51.110(e)(2)(ii)’’. 

§ 51.110 [Amended] 

■ 4. In § 51.110, in paragraph (d), 

remove ‘‘Version 2.0’’ and add in its 

place ‘‘Version 3.0’’. 

§ 51.300 [Amended] 

■ 5. In § 51.300, in paragraph (d)(3), 

remove ‘‘(a)(2)(i) through (vii)’’ and add 

in its place ‘‘(d)(2)(i) through (vii)’’. 

[FR Doc. 2023–25998 Filed 11–27–23; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2023–0076; FRL–10663– 

02–R9] 

Air Plan Revisions; California; San 

Joaquin Valley Unified Air Pollution 

Control District 

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 Joaquin 

Valley Unified Air Pollution Control 

District (SJVUAPCD) portion of the 

California State Implementation Plan 

(SIP). This revision concerns emissions 

of particulate matter (PM) from wood 

burning devices. We are approving a 

local measure that regulates these 

emission sources under the Clean Air 

Act (CAA or the Act). 

DATES: This rule is effective December 

28, 2023. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2023–0076. 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: 

Elijah Gordon, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 972–3158 or by 

email at gordon.elijah@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. Statutory and Executive Order Reviews 

I. Proposed Action 

On April 14, 2023 (88 FR 22978), the 

EPA proposed to approve the following 

measure into the California SIP. 

TABLE 1—SUBMITTED MEASURE

Local agency Resolution No. Measure title Adopted Submitted 

SJVUAPCD ...................... 21–11–7 Burn Cleaner Fireplace and Woodstove Change-out 

Incentive Measure (‘‘Burn Cleaner Incentive Measure’’).

11/18/2021 03/17/2022 

We proposed to approve this measure 

because we determined that it complies 

with the relevant CAA requirements. 

Our proposed action contains more 

information on the measure 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 public 

comments. The first two comments fail 

to identify any issue that is germane to 

our action on the measure and are 

outside the scope of this rulemaking. 

One of these comments included 

offensive content and was therefore not 

posted to the public docket. The other 

comment discusses wildfires and 

vehicle emissions. Our response to the 

third comment from Sheraz Gill, Deputy 

Air Pollution Control Officer (APCO) of 

SJVUAPCD, is below. 

Comment: After providing a summary 

of the measure, the commenter 

expresses concerns that, although the 

measure meets all four integrity 

elements necessary for an incentive 

measure to be fully approvable into the 

SIP, the EPA has chosen to not give SIP 

emission reduction credit. The 

commenter states ‘‘. . . the District is 

concerned with EPA’s proposed 

approval not including emission 

reduction credit for this measure, as the 

program has achieved and will continue 

to achieve significant emissions 

reductions in the San Joaquin Valley.’’ 

The commenter recommends that the 

EPA include in our final approval of 

this measure SIP credit for the specific 

emission reductions quantified. 

Response: As explained in our 

proposal, SJVUAPCD regulates a PM2.5

nonattainment area classified as Serious 

for the 1997 (24-hour 65 mg/m3 and 

annual 15 mg/m3 limit), 2006 (24-hour 

35 mg/m3 limit), and 2012 (annual 12 mg/ 

m3 limit) PM2.5 National Ambient Air 

Quality Standards (NAAQS). The 

District adopted the 2018 Plan for the 

1997, 2006, and 2012 PM2.5 NAAQS 

(2018 PM2.5 Plan) in November 2018 to 

help bring the District into attainment 

for these NAAQS.1 The 2018 PM2.5 Plan 

includes aggregate emissions reduction 

commitments by the SJVUAPCD to 

achieve an additional 1.30 tons per day 

(tpd), annual average, direct PM2.5


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Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations 83035 

2 Medical Advocates for Healthy Air v. EPA, Case 

No. 20–72780, Dkt. #58–1 (9th Cir., April 13, 2022). 

3Letter from Steven Cliff, Executive Officer, 

CARB, to Martha Guzman, Regional Administrator, 

EPA Region IX, dated October 27, 2022. 

emission reductions by 2024 and 2025 

for the 35 mg/m3 2006 24-hour PM2.5

NAAQS and 12 mg/m3 2012 annual 

PM2.5 NAAQS, respectively. The Burn 

Cleaner Incentive Measure was intended 

to fulfill a portion of these aggregate 

emission reduction commitments, by 

achieving 0.33 tpd of direct PM2.5

emission reductions by 2024 and 2025, 

on an annual average basis. 

However, as noted in our Technical 

Support Document (TSD), the Ninth 

Circuit vacated and remanded a portion 

of the EPA’s approval of the 2006 24- 

hour PM2.5 NAAQS portions of the 2018 

PM2.5 Plan on April 13, 2022.2

Therefore, further work is needed to 

evaluate the emissions reductions 

necessary to attain the 2006 NAAQS by 

2024. Additionally, on October 27, 

2022, CARB withdrew the portions of 

the 2018 PM2.5 Plan pertaining to the 

Serious area plan requirements for the 

2012 annual PM2.5 NAAQS.3 As a result, 

the State will need to submit a new 

attainment plan for the 2012 PM2.5

NAAQS. Therefore, the EPA will 

evaluate emission reductions associated 

with Burn Cleaner Incentive Measure in 

the context of future attainment plan 

actions for the 2006 and 2012 PM2.5

NAAQS. 

III. EPA Action 

No comments were submitted that 

change our assessment of the measure as 

described in our proposed action. 

Therefore, as authorized in section 

110(k)(3) of the Act, the EPA is fully 

approving this measure into the 

California SIP. 

As stated within the EPA’s proposed 

action, we are codifying this measure as 

additional material in the Code of 

Federal Regulations, rather than through 

incorporation by reference, because, 

under its terms, the measure contains 

commitments enforceable only against 

the District and because the measure is 

not a substantive rule of general 

applicability. 

IV. 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 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. 

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. 

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 January 29, 2024. 

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, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: November 20, 2023. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends part 52, chapter I, title 

40 of the Code of Federal Regulations as 

follows: 


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83036 Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations 

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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(606) to read as 

follows: 

§ 52.220 Identification of plan—in part. 

* * * * * 

(c) * * * 

(606) The following materials were 

submitted on March 17, 2022, by the 

Governor’s designee as an attachment to 

a letter dated March 16, 2022. 

(i) [Reserved] 

(ii) Additional materials. (A) San 

Joaquin Valley Unified Air Pollution 

Control District. 

(1) San Joaquin Valley Unified Air 

Pollution Control District Resolution 

No. 21–11–7, In the Matter of: State 

Implementation Credit for Residential 

Wood Burning Device Change-Out 

Incentive Measure, adopted on 

November 18, 2021. 

(2) [Reserved] 

(B) [Reserved] 

* * * * * 

[FR Doc. 2023–26013 Filed 11–27–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2023–0252; FRL–11034– 

02–R2] 

Approval of Air Quality Implementation 

Plans; New Jersey; Exemptions To 

Improve Resiliency, Air Toxics 

Thresholds, PM2.5 and Ammonia 

Emission Statement Reporting, and 

PM2.5 in Air Permitting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving adoptions, 

repeals, and amendments to the New 

Jersey State Implementation Plan (SIP) 

concerning exemptions to improve 

resiliency during emergency situations, 

updates to hazardous air pollutant 

(HAP) reporting thresholds, updates to 

the certification and submission of 

emission statements, and the addition of 

Federal New Source Review (NSR) 

requirements for fine particles (PM2.5). 

The intended effect of New Jersey’s 

revisions are to enable government and 

business entities to be more resilient 

during and following disruptions from 

natural and human-caused disasters; 

update HAP unit risk factors and 

reference concentrations to reflect 

current research, scientific, and 

technological advancements; update 

provisions to require the reporting of 

PM2.5 and ammonia (NH3) emissions at 

the source level and update the 

electronic reporting of emission 

statements to adapt with advancements 

and Federal requirements; and conform 

the State’s rules on air permits to the 

EPA’s NSR requirements for PM2.5 to 

ensure a source does not adversely 

impact the EPA-established National 

Ambient Air Quality Standards 

(NAAQS). Other revisions New Jersey 

made, which the EPA is approving with 

this notice of final rulemaking, will 

conform administrative penalties to the 

approved rules and correct errors and 

inconsistencies throughout the State’s 

SIP. This action is being taken in 

accordance with the requirements of the 

Clean Air Act. The EPA proposed to 

approve this rule on September 28, 

2023, and received no comments. 

DATES: This final rule is effective on 

December 28, 2023. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2023–0252. 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., Controlled Unclassified 

Information (CUI) (formally referred to 

as 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 electronically through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Nicholas Ferreira, Air Programs Branch, 

Environmental Protection Agency, 

Region 2, 290 Broadway, 25th Floor, 

New York, New York 10007–1866, (212) 

637–3127, or by email at 

ferreira.nicholas@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is the background for this action? 

II. Environmental Justice Considerations 

III. What comments were received in 

response to the EPA’s proposed action? 

IV. What action is the EPA taking? 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

On September 28, 2023 (88 FR 66733), 

the EPA published a Notice of Proposed 

Rulemaking that proposed to approve 

State Implementation Plan (SIP) 

revisions submitted by the State of New 

Jersey on December 14, 2017, and 

August 23, 2018, for the purpose of 

approving new rules, repeals, and 

amendments to subchapter 8, 

subchapter 16, subchapter 17, 

subchapter 18, subchapter 19, and 

subchapter 21 of New Jersey 

Administrative Code, Title 7, Chapter 27 

(N.J.A.C. 7:27); as well as to subchapter 

3 of N.J.A.C., Title 7, Chapter 27A. 

New Jersey’s revisions to N.J.A.C. 7:27 

implement changes based on the 

experience the State has gained in 

response to disruptions caused by 

natural disasters such as Superstorm 

Sandy and discussions that the State has 

held with representatives of the 

regulated community and 

environmental groups. New Jersey’s 

revisions include exemptions from air 

emission control and permitting 

requirements that will provide 

flexibility for facilities to use lowemitting temporary and portable 

equipment to improve resiliency during 

emergency situations. 

Additionally, New Jersey’s revisions 

update HAP reporting thresholds using 

the most recent science-based 

methodologies; amend the rules 

governing emissions statements to 

require each facility to report criteria 

pollutants and precursors (including 

PM2.5 and ammonia) at the source level; 

revise the rules governing certification 

and electronic submittal of emissions 

statements; revise the New Source 

Review (NSR) requirements to 

implement the National Ambient Air 

Quality Standards (NAAQS) for fine 

particles (PM2.5); and modify penalty 

provisions to provide consistency with 

the State’s revisions finalized for 

approval within this notice. For the 

reasons herein stated, the EPA is 

approving the revisions made by New 

Jersey to strengthen the effectiveness of 

the State’s SIP. 

The specific details of New Jersey’s 

SIP submittals and the rationale for the 

EPA’s approval action are explained in 

the EPA’s proposed rulemaking and are 

not restated in this final action. For this 

detailed information, the reader is 

referred to the EPA’s September 28, 

2023, proposed rulemaking (88 FR 

66733). 


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