8078 Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Rules and Regulations 

prohibit nor require such an evaluation. 

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 EJ for people of color, lowincome populations, and Indigenous 

peoples. 

This action is subject to the 

Congressional Review Act, and 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 8, 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: January 31, 2024. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 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 L—Georgia 

■ 2. In § 52.570, amend table 1 to 

paragraph (c) by revising the entry for 

‘‘391–3–1–.02(4)’’ to read as follows: 

§ 52.570 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1 TO PARAGRAPH (c)—EPA-APPROVED GEORGIA REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

*******

391–3–1–.02 .................. Provisions 

*******

391–3–1–.02(4) .............. Ambient Air Standards .. 9/19/2022 2/6/2024, [Insert citation 

of publication].

Except paragraphs (a), (c), (d), (e), (f), (g), and 

(h), approved on 12/4/2018 with a state effective date of 7/20/2017. 

* * * * * * * 

* * * * * 

[FR Doc. 2024–02321 Filed 2–5–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2023–0355; FRL–11176– 

02–R9] 

Air Quality Plans; Approvals and 

Promulgations: California; Amador Air 

District; New Source Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a permitting rule submitted as 

a revision to the Amador Air District 

(AAD or ‘‘District’’) portion of the 

California State Implementation Plan 

(SIP). This revision concerns the 

District’s New Source Review (NSR) 

permitting program for new and 

modified sources of air pollution under 

part D of Title I of the Clean Air Act 

(CAA or ‘‘Act’’). This action will update 

the District’s applicable SIP with a rule 

revised to address deficiencies 

identified in a previous limited 

disapproval action by the EPA related to 

the District’s NSR permitting program 

under Part D. This final approval action 

permanently terminates all sanctions, 

sanctions clocks, and federal 

implementation plan clocks triggered by 

our January 12, 2022 limited 

disapproval action. This action also 

finalizes regulatory text to clarify that 

Amador County is not subject to the 

Federal Implementation Plan related to 

protection of visibility. 

DATES: This rule will be effective March 

7, 2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket No. 

EPA–R09–OAR–2023–0355. 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. 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: 

Karima Zulfo, EPA Region IX, 75 


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Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Rules and Regulations 8079 

1 88 FR 65647. 

2As discussed in Section 2.2 of the Technical 

Support Document (TSD) for this action, dated 

August 2023, Amador County was designated as a 

Moderate nonattainment area for the 1997 ozone 

National Ambient Air Quality Standard (NAAQS) at 

the time that standard was revoked, and is currently 

designated as a Marginal nonattainment area for the 

2015 ozone NAAQS. See 40 CFR 81.305. On 

October 7, 2022, the EPA determined that Amador 

County attained the 2015 ozone NAAQS by the 

applicable attainment date. 87 FR 60897. 

3 87 FR 1683 (‘‘2022 NSR Action’’). 

4These requirements include all relevant NNSR 

requirements for the 1997 and 2015 ozone NAAQS 

for areas classified as Moderate or Marginal. 

5See TSD for our 2022 NSR Action, dated July 

20, 2021, Sections 1, 4.3, 6, and 9. As we noted in 

our TSD for the current action, the submitted 

revised Rule 400 adds a provision that more clearly 

provides the District the authority to require 

monitoring in Federal Class I areas if deemed 

necessary, consistent with a recommendation by the 

EPA in our 2022 NSR Action. We find this new 

provision consistent with the EPA’s visibility 

requirements in 40 CFR 51.307(d). See TSD dated 

August 2023, Section 3.2. 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 972–3953 or by 

email at zulfo.karima@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 September 25, 2023, the EPA 

proposed to approve the rule listed in 

Table 1 into the California SIP.1 The 

rule revisions that are the subject of this 

action represent an update to the 

District’s preconstruction review and 

permitting program and are intended to 

satisfy the requirements under part D of 

title I of the Act (‘‘Nonattainment NSR’’ 

or ‘‘NNSR’’).2 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. 

TABLE 1—SUBMITTED RULE

Rule No. Rule title Amended 

date 

Submitted 

date 

400 .............................................................. NSR Requirements for New and Modified Major Sources in Nonattainment Areas.1/17/2023 3/3/2023 

The current SIP-approved version of 

the submitted rule is identified below in 

Table 2. 

TABLE 2—SIP-APPROVED RULE

Rule No. Rule title SIP approval 

date 

Federal Register 

citation 

400 ........................................................ NSR Requirements for New and Modified Major Sources in Nonattainment Areas.1/12/2022 87 FR 1683 

As discussed in our proposal, the rule 

listed in Table 2 will be replaced in the 

SIP by the submitted rule listed in Table 

1 upon our final approval. As described 

in our proposal, the EPA’s final 

approval of Rule 400 will resolve all 

deficiencies forming the basis for our 

previous limited disapproval of the 

prior version of Rule 400, adopted by 

the District on August 20, 2019, which 

is listed in Table 2.3

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, one non-germane comment 

was submitted on our proposal. A copy 

of the comment is included in the 

docket for this action. 

III. EPA Action 

No germane comments were 

submitted on our proposal. Therefore, as 

authorized in section 110(k)(3) of the 

Act, the EPA is approving the submitted 

rule. This action incorporates the 

submitted rule into the California SIP 

and replaces the previously submitted 

rule listed in Table 2. This approval 

resolves all deficiencies forming the 

basis for our previous limited 

disapproval in 2022 of the prior version 

of Rule 400, as we find that submitted 

Rule 400 fully satisfies the relevant 

requirements for preconstruction review 

and permitting under section 110 and 

part D of the Act.4 This action also 

permanently terminates all sanctions, 

sanctions clocks, and federal 

implementation plan clocks triggered by 

our January 12, 2022 limited 

disapproval action. 

As noted in our proposal, this action 

also revises the regulatory provisions at 

40 CFR 52.281(d) concerning the 

applicability of the visibility federal 

implementation plan (FIP) at 40 CFR 

52.28 as it pertains to California, to 

provide that this FIP does not apply to 

sources subject to review under the 

District’s SIP-approved NNSR program. 

The EPA has previously found Rule 400 

acceptable to meet the visibility 

provisions for sources subject to the 

NNSR program at 40 CFR 51.307, and 

the EPA finds that revised Rule 400 

continues to satisfy those requirements.5

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 400 

NSR Requirements for New and 

Modified Major Sources in 

Nonattainment Areas, amended 1/17/ 

2023, which implements a 

nonattainment NSR permit program. 

The EPA has made, and will continue 

to make, these documents available 

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). 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 


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8080 Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Rules and Regulations 

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 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 (Public Law 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 8, 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, 

Administrative practice and procedure, 

Air pollution control, Carbon monoxide, 

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. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(568)(i)(A)(2) and 

(c)(609) to read as follows: 

§ 52.220 Identification of plan—in part. 

* * * * * 

(c) * * * 

(568) * * * 

(i) * * * 

(A) * * * 

(2) Previously approved on January 

12, 2022, in paragraph (c)(568)(i)(A)(1) 

of this section and now deleted with 

replacement in paragraph 

(c)(609)(i)(A)(1) of this section: Rule 

400, ‘‘NSR Requirements for New and 

Modified Major Sources in 

Nonattainment Areas,’’ adopted on 

August 20, 2019. 

* * * * * 

(609) The following regulation was 

submitted electronically on March 3, 

2023, by the Governor’s designee as an 

attachment to a letter dated March 2, 

2023. 

(i) Incorporation by reference. (A) 

Amador Air District. 

(1) Rule 400, ‘‘NSR Requirements for 

New and Modified Major Sources in 

Nonattainment Areas,’’ adopted on 

January 17, 2023. 

(2) [Reserved] 

(B) [Reserved] 

(ii) [Reserved] 

* * * * * 

■ 3. Section 52.281 is amended by 

adding paragraph (d)(14) to read as 

follows: 

§ 52.281 Visibility protection. 

* * * * * 

(d) * * * 

(14) Amador Air District. 

* * * * * 

[FR Doc. 2024–02164 Filed 2–5–24; 8:45 am] 

BILLING CODE 6560–50–P 


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