Rule2023-11683
Air Plan Approval; California; Mojave Desert Air Quality Management District
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 2, 2023
Effective
July 3, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Mojave Desert Air Quality Management District (MDAQMD or "District") portion of the California State Implementation Plan (SIP). This revision concerns emissions of oxides of nitrogen (NO<INF>X</INF>) from Portland cement kilns. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act). Approving this rule corrects a deficiency identified in MDAQMD's reasonably available control technology (RACT) demonstrations for the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS) and the 2008 8-hour ozone NAAQS.
Full Text
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<title>Federal Register, Volume 88 Issue 106 (Friday, June 2, 2023)</title>
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[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Rules and Regulations]
[Pages 36249-36251]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11683]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0923; FRL-9882-02-R9]
Air Plan Approval; California; Mojave Desert Air Quality
Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the Mojave Desert Air Quality
Management District (MDAQMD or ``District'') portion of the California
State Implementation Plan (SIP). This revision concerns emissions of
oxides of nitrogen (NO<INF>X</INF>) from Portland cement kilns. We are
approving a local rule that regulates these emission sources under the
Clean Air Act (CAA or the Act). Approving this rule corrects a
deficiency identified in MDAQMD's reasonably available control
technology (RACT) demonstrations for the 1997 8-hour ozone National
Ambient Air Quality Standards (NAAQS) and the 2008 8-hour ozone NAAQS.
DATES: This rule is effective July 3, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2021-0923. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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: Elijah Gordon, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3158 or by
email at <a href="/cdn-cgi/l/email-protection#fa9d95889e9594d49f9693909b92ba9f8a9bd49d958c"><span class="__cf_email__" data-cfemail="afc8c0ddcbc0c181cac3c6c5cec7efcadfce81c8c0d9">[email protected]</span></a>.
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 15, 2022 (87 FR 42422), the EPA proposed to approve the
following rule into the California SIP.
[[Page 36250]]
Table 1--Submitted Rule
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Local agency Rule No. Rule title Amended Submitted
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MDAQMD................................ 1161 Portland Cement Kilns... 01/22/2018 05/23/2018
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As mentioned in our proposed action, submitted Rule 1161 meets the
requirement to correct a deficiency identified in the EPA's February
12, 2018 (83 FR 5921) partial conditional approval of MDAQMD's RACT
demonstrations for the 1997 8-hour ozone NAAQS and the 2008 8-hour
ozone NAAQS. The partial conditional approval was based, in part, on
commitments from MDAQMD to revise and submit amendments to Rule 1161
that would meet current RACT requirements. Revisions to Rule 1161,
submitted to the EPA on May 23, 2018, addressed this deficiency by
establishing a more stringent NO<INF>X</INF> limit for Portland cement
kilns. These revisions fulfill the commitment made by MDAQMD and the
California Air Resources Board, with respect to Rule 1161, necessary
for the EPA to fully approve the rule. 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.
III. EPA Action
No comments were submitted. Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully approving this rule into the
California SIP. The January 22, 2018 version of Rule 1161 will replace
the previously approved version of this rule in the SIP. This action
corrects the deficiency related to Rule 1161 that was previously
identified in the EPA's action on MDAQMD's RACT demonstrations for the
1997 8-hour ozone NAAQS and the 2008 8-hour ozone NAAQS.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, the EPA is finalizing the incorporation by reference of
MDAQMD Rule 1161, ``Portland Cement Kilns,'' amended on January 22,
2018, which regulates NO<INF>X</INF> emissions from the operation of
cement kilns. The EPA has made, and will continue to make, these
documents available through <a href="http://www.regulations.gov">www.regulations.gov</a> 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 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:
<bullet> 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 13563 (76 FR 3821, January 21, 2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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.
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.'' 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. 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 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.
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
[[Page 36251]]
this action must be filed in the United States Court of Appeals for the
appropriate circuit by August 1, 2023. 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.
Dated: May 25, 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
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)(300)(i)(A)(2) and
(c)(518)(i)(A)(9) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(300) * * *
(i) * * *
(A) * * *
(2) Previously approved on February 27, 2003 in paragraph
(c)(300)(i)(A)(1) of this section and now deleted with replacement in
paragraph (c)(518)(i)(A)(9): Rule 1161, amended on March 25, 2002.
* * * * *
(518) * * *
(i) * * *
(A) * * *
(9) Rule 1161, ``Portland Cement Kilns,'' amended on January 22,
2018.
* * * * *
Sec. 52.248 [Amended]
0
3. Section 52.248 is amended by removing and reserving paragraph
(d)(1)(ix).
[FR Doc. 2023-11683 Filed 6-1-23; 8:45 am]
BILLING CODE 6560-50-P
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