4586 Federal Register / Vol. 89, No. 16 / Wednesday, January 24, 2024 / Proposed Rules 

of written comments if comments are 

filed in writing. 

The FAA will file in the docket all 

comments it receives, as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this proposed rulemaking. Before acting 

on this proposal, the FAA will consider 

all comments it receives on or before the 

closing date for comments. The FAA 

will consider comments filed after the 

comment period has closed if it is 

possible to do so without incurring 

expense or delay. The FAA may change 

this proposal in light of the comments 

it receives. 

Privacy: In accordance with 5 U.S.C. 

553(c), DOT solicits comments from the 

public to better inform its rulemaking 

process. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. 

B. Confidential Business Information 

Confidential Business Information 

(CBI) is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA), 5 U.S.C. 552, CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ The FAA will treat such 

marked submissions as confidential 

under the FOIA, and they will not be 

placed in the public docket of this 

NPRM. Submissions containing CBI 

should be sent to the person identified 

in the FOR FURTHER INFORMATION

CONTACT section of this document. Any 

commentary the FAA receives which is 

not specifically designated as CBI will 

be placed in the public docket for this 

rulemaking. 

C. Electronic Access and Filing 

A copy of this notice of proposed 

rulemaking, all comments received, any 

final rule, and all background material 

may be viewed online at 

www.regulations.gov using the docket 

number listed above. A copy of this 

rulemaking will be placed in the docket. 

Electronic retrieval help and guidelines 

are available on the website. It is 

available 24 hours each day, 365 days 

each year. An electronic copy of this 

document may also be downloaded 

from the Office of the Federal Register’s 

website at www.federalregister.gov and 

the Government Publishing Office’s 

website at www.govinfo.gov. A copy 

may also be found at the FAA’s 

Regulations and Policies website at 

www.faa.gov/regulations_policies. 

Copies may also be obtained by 

sending a request to the Federal 

Aviation Administration, Office of 

Rulemaking, ARM–1, 800 Independence 

Avenue SW, Washington, DC 20591, or 

by calling (202) 267–9677. Commenters 

must identify the docket or notice 

number of this rulemaking. 

All documents the FAA considered in 

developing this proposed rule, 

including economic analyses and 

technical reports, may be accessed in 

the electronic docket for this 

rulemaking. 

IV. Extension of Comment Period 

In accordance with § 11.47(c) of title 

14, Code of Federal Regulations, the 

FAA has reviewed the petitions for 

extension of the comment period for 

this notice. The petitioners have shown 

a substantive interest in the proposed 

policy and good cause for the extension 

of the comment period. The FAA has 

determined that an extension of the 

comment period for an additional sixty 

(60) days to April 5, 2024 is consistent 

with the public interest, and that good 

cause exists for taking this action. 

Accordingly, the comment period for 

Notice No. 24–05 is extended until 

April 5, 2024. 

Issued under authority provided by 49 

U.S.C. 106(f), 45102, and 44733 in 

Washington, DC. 

Yvette A. Rose, 

Deputy Executive Director, Office of 

Rulemaking. 

[FR Doc. 2024–01272 Filed 1–23–24; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2022–0090; FRL–9528–01– 

R9] 

Air Plan Approval; California; Feather 

River Air Quality Management District; 

Nonattainment New Source Review; 

2015 Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the State of California 

addressing the nonattainment new 

source review (NNSR) requirements for 

the 2015 ozone National Ambient Air 

Quality Standards (NAAQS). This SIP 

revision addresses the Feather River 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 February 23, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2022–0090, 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://www.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: 

Amita Muralidharan, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 947–4140 or by 

email at muralidharan.amita@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the 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 

certification letter? 


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Federal Register / Vol. 89, No. 16 / Wednesday, January 24, 2024 / Proposed Rules 4587 

1 80 FR 65292 (October 26, 2015). 

2 83 FR 25776 (June 4, 2018). 

3 86 FR 59648, 59651 (October 28, 2021). 

4 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. 

5 40 CFR 51.1314. 6 83 FR 62998 (December 6, 2018). 

7 76 FR 44809 (July 27, 2011); 78 FR 58460 

(September 24, 2013); 80 FR 60047 (October 5, 

2015). 

8Our review of the District’s submittal is 

included in a Memorandum to Docket EPA–R09– 

OAR–2022–0090, titled ‘‘Feather River Air Quality 

Management District 2021 Ozone Certification 

Summary of Evaluation,’’ dated November 17, 2023. 

III. Analysis of Nonattainment New Source 

Review Requirements 

IV. Proposed Action and Public Comment 

V. Statutory and Executive Order Reviews 

I. Background and Purpose 

On October 26, 2015, the EPA 

promulgated a revised 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. This action relates to 

the two portions of the District that were 

designated nonattainment for the 2015 

ozone NAAQS on June 4, 2018.2 The 

southern portion of Sutter County, 

which is part of the Sacramento Metro 

nonattainment area (also referred to as 

Sacramento Federal Nonattainment 

Area or SFNA), was designated as 

‘‘Moderate’’ nonattainment. The Sutter 

Buttes portion of Sutter County was 

designated as ‘‘Marginal’’ 

nonattainment. On October 28, 2021, 

the EPA issued a final rule reclassifying 

the Sacramento Metro nonattainment 

area as ‘‘Serious’’ for the 2015 ozone 

NAAQS.3 However, because the District 

only certified their NNSR program 

satisfies the requirements for a Moderate 

area, this action is only proposing to 

approve the District’s certification as it 

pertains to a Moderate ozone 

nonattainment area. 

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,’’ (‘‘2015 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.4 Based on the 

initial nonattainment designations for 

the 2015 ozone standards, the District 

was required to make a SIP revision 

addressing NNSR program requirements 

no later than August 3, 2021.5 This 

requirement may be met by submitting 

a SIP revision consisting of a new or 

revised NNSR permit program, or an 

analysis demonstrating that the existing 

SIP-approved NNSR permit program 

meets the applicable 2015 ozone 

requirements and a letter certifying the 

analysis. 

II. The State’s Submittal 

A. What did the State submit? 

The submitted 2015 Ozone 

Certification letter addressed by this 

proposal was adopted by the District on 

June 7, 2021. It was submitted by the 

California Air Resources Board (CARB), 

the agency that serves as the governor’s 

designee for California SIP submittals, 

on August 3, 2021. 

CARB’s August 3, 2021 submittal of 

the District’s 2015 Ozone Certification 

letter was deemed by operation of law 

to meet the completeness criteria in 40 

CFR part 51, Appendix V on February 

3, 2021, which must be met before 

formal EPA review. 

B. What is the purpose of the submitted 

certification letter? 

The District’s submittal is intended to 

satisfy the 2015 SIP Requirements Rule 

that requires States to make a SIP 

revision addressing NNSR. The 

District’s portion of the California SIP 

contains its approved NNSR permit 

program as applicable to the southern 

portion of Sutter County, as well as the 

Sutter Buttes portion of Sutter County’s 

Marginal nonattainment classification 

for the 2015 ozone NAAQS. The 

submitted certification letter provides a 

mechanism for the District to satisfy the 

40 CFR 51.1314 submittal requirements 

based on its 2015 Moderate and 

Marginal ozone nonattainment 

designations. The EPA’s analysis of how 

this SIP revision addresses the NNSR 

requirements for the 2015 ozone 

NAAQS is provided below. 

III. Analysis of Nonattainment New 

Source Review Requirements 

NNSR is a preconstruction review 

permit program that applies to new 

major stationary sources or major 

modifications at existing sources within 

a nonattainment area and is required 

under CAA sections 172(c)(5) and 173. 

As mentioned in Section I of this 

notice, NNSR permit program 

requirements were adopted for the 2015 

ozone NAAQS at 40 CFR 51.1314 as part 

of the 2015 SIP Requirements Rule.6

The minimum SIP requirements for 

NNSR permitting programs for the 2015 

ozone NAAQS are contained in 40 CFR 

51.165. These NNSR program 

requirements include those promulgated 

in the 2015 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 a 

significant net emissions increase and a 

major modification 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 

compliant with 40 CFR 51.165(i). 

The District’s SIP-approved NNSR 

program,7 established in Rule 10.1, 

‘‘New Source Review,’’ of the District’s 

Rules and Regulations, applies to the 

construction and modification of 

stationary sources, including major 

stationary sources in nonattainment 

areas under its jurisdiction. 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 the 

rule satisfying the requirement. The 

submittal also includes a certification by 

the District that the cited rule meets the 

federal NNSR requirements for the 

respective Marginal and Moderate ozone 

nonattainment designations. These 

documents, including our Summary of 

Evaluation 8 of the District’s submittal, 

are available in the docket for this 

action. 

The EPA has reviewed the 

demonstration and cited program 


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4588 Federal Register / Vol. 89, No. 16 / Wednesday, January 24, 2024 / Proposed Rules 

elements intended to meet the federal 

NNSR requirements for the 2015 ozone 

NAAQS and is proposing to approve the 

District’s submittal because the current 

SIP-approved NSR program satisfies all 

the 2015 SIP Requirements Rule NNSR 

program requirements applicable to the 

southern portion of Sutter County as a 

Moderate ozone nonattainment area and 

the Sutter Buttes portion of Sutter 

County as a Marginal ozone 

nonattainment area. 

IV. Proposed Action and Public 

Comment 

The EPA is proposing to approve the 

SIP revision 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 the 

submitted 2015 ozone certification for 

the District would comply with section 

110(l) of the Act because the submittal 

will not interfere with continued 

attainment or maintenance of the 

NAAQS in the District. Similarly, we 

find that the submitted revision is 

approvable under section 193 of the Act 

because it does not modify any control 

requirement in effect before November 

15, 1990, without ensuring equivalent or 

greater emission reductions. The EPA 

has concluded that the State’s 

submission fulfills the 40 CFR 51.1314 

revision requirement and meets the 

requirements of CAA sections 110, 

172(c)(5), 173, 182(a)(2)(C), and 193, 

and the minimum SIP requirements of 

40 CFR 51.165. If we finalize this action 

as proposed, our action will incorporate 

this certification into the federally 

enforceable SIP and be codified through 

revisions to 40 CFR 52.220 

(Identification of plan—in part). 

The EPA has made, and will continue 

to make, the State’s submission and all 

other materials available electronically 

through https://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). We 

will accept comments from the public 

on this proposal until February 23, 

2024. 

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 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. 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 

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 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: January 16, 2024. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2024–01300 Filed 1–23–24; 8:45 am] 

BILLING CODE 6560–50–P 


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