7622 Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Rules and Regulations 

1 83 FR 26222 (June 6, 2018). 

2Sierra Club v. EPA, 21 F.4th 815 (D.C. Cir. 2021) 

and 86 FR 37918 (July 19, 2021). 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01, Rev.1, 

associated implementing instructions, 

and Environmental Planning Policy 

COMDTINST 5090.1 (series) which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA)(42 U.S.C. 4321– 

4370f). The Coast Guard has determined 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This rule 

promulgates the operating regulations or 

procedures for drawbridges and is 

categorically excluded from further 

review, under paragraph L49, of Chapter 

3, Table3–1 of the U.S. Coast Guard 

Environmental Planning 

Implementation Procedures. 

Neither a Record of Environmental 

Consideration nor a Memorandum for 

the Record are required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

and Department of Homeland Security 

Delegation No. 00170.1. Revision No. 01.3. 

■ 2. Amend § 117.317 by revising 

paragraph (d) to read as follows: 

§ 117.317 Okeechobee Waterway 

* * * * * 

(d) The SR 707 (Dixie Highway) 

Bridge, mile 7.5 at Stuart, shall open on 

signal; except when the adjacent 

railroad bridge is in the closed position, 

the draw need not open. The draw must 

open immediately upon opening of the 

railroad bridge to pass all accumulated 

vessels requesting an opening. 

* * * * * 

Dated: January 31, 2024. 

Douglas M. Schofield, 

Rear Admiral, U.S. Coast Guard, Commander, 

Coast Guard Seventh District. 

[FR Doc. 2024–02187 Filed 2–2–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2023–0422; FRL–11353– 

02–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: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the Butte County 

Air Quality Management District 

(‘‘District’’) portion of the California 

State Implementation Plan (SIP). These 

revisions address the nonattainment 

new source review (NNSR) 

requirements for the 2015 ozone 

national ambient air quality standards 

(NAAQS or ‘‘standard’’). We are 

approving the SIP revisions pursuant to 

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

its implementing regulations. 

DATES: This rule is effective March 6, 

2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2023–0422. 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: 

Shaheerah Kelly, EPA Region IX, 75 

Hawthorne Street, 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 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 October 17, 2023 (88 FR 71518), 

the EPA proposed to approve the rule 

listed in Table 1 into the California SIP. 

The amended rule was submitted by the 

California Air Resources Board (CARB), 

the agency that serves as the governor’s 

designee for California SIP submittals. 

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 

The District’s SIP-approved 

nonattainment New Source Review 

(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.1 The District submitted the 

August 3, 2021 SIP revision primarily to 

demonstrate that Rule 432 complies 

with the 2015 ozone NAAQS NNSR SIP 

requirements in 40 CFR 51.165. The 

only revision to Rule 432 from the SIPapproved NNSR program was the 

removal of provisions related to 

interpollutant trading due to a recent 

court decision that vacated the 

interpollutant trading program.2

We proposed to approve this rule 

because we determined that it complies 

with the relevant CAA requirements 

applicable to the Butte County 


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Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Rules and Regulations 7623 

nonattainment area as a Marginal ozone 

nonattainment area. 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 no comments 

that resulted in a change in our 

proposed action. 

III. EPA Action 

No comments were submitted that 

changed our assessment of Rule 432 as 

described in our proposed action. 

Therefore, as authorized in CAA section 

110(k)(3), and part D of title I of the Act 

and its regulations in 40 CFR 51.165, the 

EPA is approving Rule 432 into the 

California SIP. The April 22, 2021 

version of Rule 432 will replace the 

previous version of this rule amended 

on March 23, 2017, and approved into 

the SIP on June 6, 2018. 

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 District 

Rule 432, ‘‘Federal New Source Review 

(FNSR),’’ amended on April 22, 2021, 

which establishes preconstruction 

review requirements for major 

stationary sources and major 

modifications in the Butte County 

nonattainment area. 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 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 CAA. 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 

Executive Order 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 April 5, 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, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: January 29, 2024. 

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. 


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7624 Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Rules and Regulations 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(504)(i)(A)(2) and 

(c)(591)(i)(B) to read as follows: 

§ 52.220 Identification of plan—in part. 

* * * * * 

(c) * * * 

(504) * * * 

(i) * * * 

(A) * * * 

(2) Previously approved on June 6, 

2018, in paragraph (c)(504)(i)(A)(1) of 

this section and now deleted with 

replacement in paragraph 

(c)(591)(i)(B)(1) of this section: Rule 432, 

‘‘Federal New Source Review,’’ 

amended on March 23, 2017. 

* * * * * 

(591) * * * 

(i) * * * 

(B) Butte County Air Quality 

Management District. 

(1) Rule 432, ‘‘Federal New Source 

Review (FNSR),’’ amended on April 22, 

2021. 

(2) [Reserved] 

* * * * * 

[FR Doc. 2024–02085 Filed 2–2–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 141 

[EPA–HQ–OW–2023–0541; FRL–11620–01– 

OW] 

Expedited Approval of Alternative Test 

Procedures for the Analysis of 

Contaminants Under the Safe Drinking 

Water Act; Analysis and Sampling 

Procedures 

Correction 

In rule document 2024–1530 

beginning on page 5773 in the issue of 

Tuesday, January 30, 2024, make the 

following corrections: 

1. On page 5790, table ‘‘Alternative 

Testing Methods for Disinfectant 

Residuals Listed at 40 CFR 

141.131(c)(1)’’ should have the column 

headings: 

Residual Methodology SM 21st edition 1 SM 22nd edition,28

SM 23rd edition,49

SM 24th edition 66

ASTM 4 Other 

2. On the same page, table 

‘‘Alternative Testing Methods for 

Parameters Listed at 40 CFR 141.131(d)’’ 

should have column headings that 

appear as follows: 

Parameter Methodology SM 21st edition 1 SM 22nd edition 28 SM 23rd edition,49

SM 24th edition 66

SM online 3 EPA Other 

3. On the same page, table 

‘‘Alternative Testing Methods for 

Contaminants Listed at 40 CFR 

141.402(c)(2)’’ should have column 

headings that appear as follows: 

Organism Methodology SM 20th edition 6 SM 21st edition 1 SM 22nd edition 28 SM 23rd edition,49

SM 24th edition 66

SM online 3 Other 

4. On the same page, table 

‘‘Alternative Testing Methods for 

Contaminants Listed at 40 CFR 

141.852(a)(5)’’ should have column 

headings that appear as follows: 

Organism Methodology 

category 

Method SM 20th, 

21st editions 1 6

SM 22nd edition 28 SM 23rd edition,49

SM 24th edition 66

SM online 3

5. On page 5792, table ‘‘Alternative 

Testing Methods for Contaminants 

Listed at 40 CFR 143.4(b)’’ should have 

column headings that appear as follows: 

Contaminant Methodology EPA method ASTM 4 SM 21st edition 1 SM 22nd edition,28

SM 23rd edition,49

SM 24th edition 66

SM online 3

6. On the same page, table 

‘‘Alternative Testing Methods for 

Contaminants Listed at 40 CFR 143.4(b), 

the entry for Chloride should read as 

follows: 

Chloride ............ Silver Nitrate Titration .. ........................ D 512–04 B, 12 B ........ 4500–Cl¥B .................. 4500–Cl¥B.

Ion Chromatography .... ........................ D 4327–11, –17 ........... 4110 B ......................... 4110 B.

Potentiometric Titration ........................ ...................................... 4500–Cl¥D .................. 4500–Cl¥D.


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