[Federal Register Volume 89, Number 51 (Thursday, March 14, 2024)]
[Rules and Regulations]
[Pages 18546-18547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05259]



[[Page 18546]]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2023-0590; FRL-11615-02-R9]


Air Plan Revisions; California; Yolo-Solano Air Quality 
Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve state implementation plan (SIP) revisions to the 
Yolo-Solano Air Quality Management District (YSAQMD) portion of the 
California SIP. These revisions concern emissions of oxides of nitrogen 
(NOX) from biomass boilers, and address reasonably available 
control technology (RACT) requirements for major sources of 
NOX in the portion of the Sacramento Metro, CA, 
nonattainment area that is subject to YSAQMD jurisdiction.

DATES: This rule is effective April 15, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2023-0590. 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: Eugene Chen, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4304 or by 
email at [email protected].

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 December 27, 2023, the EPA proposed to approve, through parallel 
processing, the California Air Resources Board's (CARB) submittal of a 
public draft version of the YSAQMD's amendments to Rule 2.43, ``Biomass 
Boilers.'' \1\ As discussed in our proposed action, the YSAQMD relies 
upon Rule 2.43 to implement RACT for major sources of NOX, 
and we proposed to determine that Rule 2.43, as amended, would comply 
with the EPA's Startup, Shutdown, and Malfunction (SSM) policy and 
other applicable Clean Air Act (CAA or ``Act'') requirements. Based on 
our review, we proposed to determine that the rule would implement RACT 
for biomass boilers, and therefore also proposed to approve the major 
source NOX RACT element of the 2017 RACT SIP.\2\
---------------------------------------------------------------------------

    \1\ 88 FR 89351.
    \2\ We have previously taken final action to approve all other 
elements of the District's 2017 RACT SIP on April 6, 2018 (83 FR 
14754) and June 30, 2023 (88 FR 42252).
---------------------------------------------------------------------------

    Consistent with the EPA's procedures for parallel processing set 
out at section 2.3 of Appendix V to 40 CFR part 51, our December 27, 
2023 proposed approval relied upon our evaluation of the public draft 
version of the Rule 2.43 amendments that were adopted by the YSAQMD on 
December 13, 2023, but which were not yet formally submitted by CARB to 
the EPA at the time of our proposed action. The Rule 2.43 amendments 
were submitted by CARB to the EPA on February 14, 2024.\3\ We have 
reviewed this submittal, and have determined that it does not differ 
from the public draft version of Rule 2.43 (submitted November 27, 
2023) that we evaluated for our proposed approval.
---------------------------------------------------------------------------

    \3\ Submitted electronically as an attachment to a letter dated 
February 9, 2024.

                                          Table 1--Submitted Documents
----------------------------------------------------------------------------------------------------------------
                                     Document/ rule
            Local agency                   No.              Document title            Revised        Submitted
----------------------------------------------------------------------------------------------------------------
YSAQMD.............................                  Reasonably Available             09/13/2017      11/13/2017
                                                      Control Technology (RACT)
                                                      State Implementation Plan
                                                      (SIP) Analysis for the
                                                      2008 Federal Ozone
                                                      Standard (``2017 RACT
                                                      SIP'').
YSAQMD.............................            2.43  Biomass Boilers............      12/13/2023      02/14/2024
----------------------------------------------------------------------------------------------------------------

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.

III. EPA Action

    No comments were submitted on the proposed action, and there is no 
change to 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 approving this rule into the California SIP. In addition, we are 
approving the major source NOX element of YSAQMD's 2017 RACT 
SIP submittal for the 2008 ozone NAAQS.

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 YSAQMD 
Rule 2.43, ``Biomass Boilers,'' revised on December 13, 2023, which 
regulates NOX emissions from biomass-fired boilers. 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 approve state 
choices, provided that

[[Page 18547]]

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, 
February. 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 District 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 goals 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 (CRA), 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 May 13, 2024. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: March 6, 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

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(388)(i)(H)(2), 
(c)(505)(ii)(A)(3), and (c)(612) to read as follows:


Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (388) * * *
    (i) * * *
    (H) * * *
    (2) Previously approved on July 2, 2012, in paragraph 
(c)(388)(i)(H)(1) of this section and now deleted with replacement in 
(c)(612)(i)(A)(1) of this section: Rule 2.43, ``Biomass Boilers,'' 
adopted on November 10, 2010.
* * * * *
    (505) * * *
    (ii) * * *
    (A) * * *
    (3) The RACT determination for non-CTG major sources of 
NOX as contained in the Reasonably Available Control 
Technology (RACT) State Implementation Plan (SIP) for the 2008 8-Hour 
Ozone National Ambient Air Quality Standards (NAAQS) (``Reasonably 
Available Control Technology (RACT) State Implementation Plan (SIP) 
Analysis''), as adopted on September 13, 2017.
* * * * *
    (612) The following regulations were submitted electronically on 
February 14, 2024, by the Governor's designee as an attachment to a 
letter dated February 9, 2024.
    (i) Incorporation by reference
    (A) Yolo-Solano Air Quality Management District.
    (1) Rule 2.43, ``Biomass Boilers,'' amended on December 13, 2023.
    (2) [Reserved]
    (B) [Reserved]
    (ii) [Reserved]
* * * * *


Sec.  52.237  [Amended]

0
3. Section 52.237 is amended by removing and reserving paragraph 
(b)(6)(ii).

[FR Doc. 2024-05259 Filed 3-13-24; 8:45 am]
BILLING CODE 6560-50-P