88254 Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Rules and Regulations 

■ 2. Section 385.11 is amended by 

revising paragraph (a)(1) to read as 

follows: 

§ 385.11 Royalty rates. 

(a) * * * 

(1) 2024 rate. For the year 2024 for 

every physical phonorecord and 

Permanent Download the Licensee 

makes and distributes or authorizes to 

be made and distributed, the royalty rate 

payable for each work embodied in the 

phonorecord or Permanent Download 

shall be either 12.4 cents or 2.38 cents 

per minute of playing time or fraction 

thereof, whichever amount is larger. 

* * * * * 

Dated: December 15, 2023. 

David P. Shaw, 

Chief Copyright Royalty Judge. 

[FR Doc. 2023–28075 Filed 12–20–23; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2023–0157; FRL–10778– 

02–R9] 

Air Plan Approval; California; San 

Diego County Air Pollution Control 

District; Oxides of Nitrogen 

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 Diego 

County Air Pollution Control District 

(SDCAPCD) portion of the California 

State Implementation Plan (SIP). This 

revision concerns emissions of oxides of 

nitrogen (NOX) from small boilers, 

process heaters, steam generators, and 

large water heaters. We are approving a 

local rule that regulates these emission 

sources under the Clean Air Act (CAA 

or ‘‘the Act’’). 

DATES: This rule is effective January 22, 

2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2023–0157. 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: 

Alina Batool, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105; by phone at (415) 972–3345 or by 

email at batool.alina@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. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On July 26, 2023 (88 FR 48150), the 

EPA proposed to approve the following 

rule into the California SIP. 

Local agency Rule No. Rule title Adopted Submitted 

SDCAPCD ........ 69.2.1 ...... Small Boilers, Process Heaters, Steam Generators, and Large Water Heaters ...... a 07/08/20 09/21/20 

SDCAPCD ........ 69.2.1 ...... Small Boilers, Process Heaters, Steam Generators, and Large Water Heaters ...... a 07/08/20 09/21/20 

aSDCAPCD locally adopted Rule 69.2.1 on March 25, 2009, and locally revised the rule on July 8, 2020. CARB submitted the version of the 

rule that SDCAPCD revised on July 8, 2020, for inclusion in the California SIP. Note that, in terms of the use of the word ‘‘revised’’ or ‘‘amended’’ 

in the description of this rule, the supporting materials in SDCAPCD’s submission refer to the rule as an ‘‘amended rule,’’ but the submitted rule 

text uses the abbreviation, ‘‘rev,’’ for ‘‘revision.’’ For purposes of consistency in incorporating by reference, we are substituting the word ‘‘revised’’ 

for ‘‘amended,’’ because the two terms are used interchangeably but the rule text uses the term ‘‘revision.’’ 

We proposed to approve this rule 

because we determined that it complies 

with the relevant CAA requirements. 

Our proposed action contains more 

information on the rule 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 one comment 

that was supportive of the proposed 

action. 

III. EPA Action 

No comments were submitted that 

change our assessment of the rule as 

described in our proposed action. 

Therefore, as authorized in section 

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

approving this rule into the California 

SIP. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of Rule 

69.2.1, ‘‘Small Boilers, Process Heaters, 

Steam Generators, and Large Water 

Heaters,’’ revised on July 8, 2020, which 

regulates NOX emissions from small 

boilers, process heaters, steam 

generators, and large water heaters with 

a heat input rating from 75,000 British 

thermal units (Btu) per hour to 2 million 

Btu per hour that are manufactured, 

sold, offered for sale or distribution, or 

installed for use within San Diego 

County, California. The EPA has made, 

and will continue to make, these 

documents available through 

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). 

V. 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 


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Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Rules and Regulations 88255 

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. 

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. 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 February 20, 

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, 

Nitrogen oxides, Reporting and 

recordkeeping requirements. 

Dated: December 14, 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: 

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 

revising the introductory text of 

paragraph (c)(557) and adding 

paragraph (c)(557)(i)(B)(2) to read as 

follows: 

§ 52.220 Identification of plan—in part. 

* * * * * 

(c) * * * 

(557) The following rules were 

submitted on September 21, 2020, by 

the Governor’s designee as an 

attachment to a letter dated September 

18, 2020. 

(i) * * * 

(B) * * * 

(2) Rule 69.2.1, ‘‘Small Boilers, 

Process Heaters, Steam Generators, and 

Large Water Heaters,’’ revised on July 8, 

2020. 

* * * * * 

[FR Doc. 2023–27876 Filed 12–20–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2022–0925; FRL–10943– 

02–R9] 

Air Quality Implementation Plan; 

California; Great Basin Unified Air 

Pollution Control District; Stationary 

Source Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing a revision to 

the Great Basin Unified Air Pollution 

Control District’s (GBUAPCD or 

‘‘District’’) portion of the California 

State Implementation Plan (SIP). This 

revision governs the District’s issuance 

of permits for stationary sources, and 

focuses on the preconstruction review 

and permitting of major sources and 

major modifications under part D of title 

I of the Clean Air Act (CAA or ‘‘the 

Act’’). 

DATES: This rule is effective January 22, 

2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket No. 

EPA–R09–OAR–2022–0925. All 


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