[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Proposed Rules]
[Pages 49398-49402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15750]



[[Page 49398]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2023-0342: FRL-11155-01-R10]


Air Plan Approval; Washington; Southwest Clean Air Agency, 
General Air Quality Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Washington State Implementation Plan (SIP) 
that were submitted on June 22, 2023, by the Department of Ecology 
(Ecology) in coordination with the Southwest Clean Air Agency (SWCAA). 
In 2017, the EPA approved a comprehensive update to SWCAA 400 General 
Regulations for Air Pollution Sources in the SIP, which includes new 
source review permitting requirements as well as other general 
requirements for sources regulated under SWCAA's jurisdiction. In this 
action, the EPA proposes to approve minor updates to SWCAA 400 
promulgated since our comprehensive approval in 2017.

DATES: Comments must be received on or before August 30, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2023-0342 at https://www.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, 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.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth 
Avenue--Suite 155, Seattle, WA 98101, at (206) 553-0256, or 
[email protected].

Table of Contents

I. Background for Proposed Action
    A. WSR 17-11-078--Consolidated Fee Schedule
    B. WSR 20-06-003--Adoption of Federal Rules
    C. WSR 21-17-054--Revised Statutory Citation and Other 
Miscellaneous Revisions
II. The EPA's Proposed Action
    A. Regulations To Approve and Incorporate by Reference Into the 
SIP
    B. Approved but Not Incorporated by Reference Regulations
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background for Proposed Action

    On April 10, 2017, the EPA approved a comprehensive update of SWCAA 
400 General Regulations for Air Pollution Sources in the SIP (82 FR 
17136). Under the Washington Clean Air Act, local clean air agencies 
may adopt equally stringent or more stringent requirements to apply in 
lieu of Ecology's statewide general air quality regulations for sources 
regulated under the local agency's jurisdiction, if they so choose.\1\ 
SWCAA's jurisdiction consists of Clark, Cowlitz, Lewis, Skamania, and 
Wahkiakum counties, with certain exceptions. By statute, SWCAA does not 
have authority for sources under the jurisdiction of the Energy 
Facility Site Evaluation Council (EFSEC). See Revised Code of 
Washington Chapter 80.50. Under the applicability provisions of 
Washington Administrative Code (WAC) 173-405-012, 173-410-012, and 173-
415-012, SWCAA does not have jurisdiction for kraft pulp mills, sulfite 
pulping mills, and primary aluminum plants. For these sources, Ecology 
retains statewide, direct jurisdiction. Ecology and EFSEC also retain 
statewide, direct jurisdiction for issuing permits under the Prevention 
of Significant Deterioration (PSD) program for major stationary sources 
in attainment areas. Lastly, SWCAA does not have jurisdiction on Indian 
reservations and any other area where the EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. The regulations approved 
and incorporated by reference into the SIP for SWCAA's specific 
jurisdiction can be found at 40 CFR 52.2470(c), Table 8--Additional 
Regulations Approved for the Southwest Clean Air Agency (SWCAA) 
Jurisdiction.
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    \1\ See proposed rulemaking 82 FR 6413 (January 19, 2017).
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    The version of SWCAA 400 approved in the SIP includes updates 
promulgated by SWCAA effective as of October 9, 2016. SWCAA 
subsequently promulgated updates to SWCAA 400 effective June 18, 2017, 
March 21, 2020, and September 10, 2021. Detailed redline/strikeout 
versions of the regulatory changes are included in the docket under 
Washington State Register (WSR) documents WSR 17-11-078, WSR 20-06-003, 
and WSR 21-17-054. In addition, the EPA's evaluation of each WSR 
document is included in the docket. A summary of the major changes is 
discussed below.

A. WSR 17-11-078--Consolidated Fee Schedule

    Effective June 18, 2017, SWCAA made minor rule changes and 
consolidated all fees into a single Consolidated Fee Schedule to make 
it easier for affected parties to locate applicable fees. SWCAA also 
removed specific fees in individual sections of SWCAA 400, instead 
redirecting the reader to consult the Consolidated Fee Schedule. Four 
sections of SWCAA 400 in the currently approved SIP are affected by 
this change: SWCAA 400-036 Portable Sources from Other Washington 
Jurisdictions, SWCAA 400-072 Small Unit Notification for Selected 
Source Categories, SWCAA 400-074 Gasoline Transport Tanker 
Registration, and SWCAA 400-109 Air Discharge Permit Applications.\2\ 
From an EPA approval standpoint, the consolidation of fees and removal 
of fee amounts from individual sections is not a significant change. In 
our comprehensive 2017 update of the SIP, we already excluded the fee 
provisions of SWCAA 400-074(2) and 400-109(4) noting that while the EPA 
reviews these submissions to confirm adequate authority, the EPA 
generally does not include local or state agency fees as part of the 
Washington SIP incorporated by reference in 40 CFR 52.2470(c).\3\ 
Therefore, we are proposing to approve the minor changes to SWCAA 400-
036, 400-072, 400-074, and 400-109 removing specific fee amounts and 
referring the reader to the Consolidated Fee Schedule.\4\
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    \2\ See ``wsr_17-11-078_review.pdf'' included in the docket.
    \3\ See 82 FR 6413 (January 19, 2017) at page 6416 and 6418.
    \4\ SWCAA subsequently revised section 400-072, effective March 
21, 2020, discussed in section I.B of this document. SWCAA also 
subsequently revised sections 400-036, 400-072, and 400-109, 
effective September 10, 2021, discussed in section I.C of this 
document.
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B. WSR 20-06-003--Adoption of Federal Rules

    Effective July 1, 2016, Ecology promulgated WAC 173-400-025 
Adoption by Reference, establishing a single adoption by reference date 
for all

[[Page 49399]]

Federal rules cited in WAC 173-400 General Regulations for Air 
Pollution Sources. As part of the same revision package, Ecology 
modified other sections of WAC 173-400 removing specific Federal rule 
adoption dates, instead cross-referencing WAC 173-400-025. The EPA 
approved these revisions on October 6, 2016 (81 FR 69385) with a 
subsequent update to WAC 173-400-025 approved on February 24, 2020 (85 
FR 10302).
    Effective March 21, 2020, SWCAA promulgated SWCAA 400-025 Adoption 
of Federal Rules, mirroring Ecology's approach. The revision also 
amends the following sections to remove specific Federal rule adoption 
dates and instead cross-reference the adoption date in SWCAA 400-025: 
SWCAA 400-050 Emission Standards for Combustion and Incineration Units, 
SWCAA 400-060 Emission Standards for General Process Units, SWCAA 400-
072 Small Unit Notification for Selected Source Categories, SWCAA 400-
105 Records, Monitoring and Reporting, SWCAA 400-106 Emission Testing 
and Monitoring at Air Contaminant Sources, SWCAA 400-110 Application 
Review Process for Stationary Sources (New Source Review), SWCAA 400-
111 Requirements for New Sources in a Maintenance Plan Area, SWCAA 400-
171 Public Involvement, SWCAA 400-850 Actual Emissions--Plantwide 
Applicability Limitation (PAL), and Appendix A SWCAA Method 9 Visual 
Opacity Determination Method.
    We are proposing to approve SWCAA 400-025, which establishes a 
Federal rule adoption date for citations in SWCAA 400. We are also 
proposing to approve the minor revisions described above to SWCAA 400-
050, 400-060, 400-072, 400-105, 400-106, 400-110, 400-111, 400-171, 
400-850, and Appendix A, which refer the reader to SWCAA 400-025.\5\ 
Our proposed approval of these revised sections is subject to the same 
exclusions cited in our comprehensive 2017 approval and codified in the 
current approved SIP at 40 CFR 52.2470(c), Table 8, with one exception. 
As part of the update to SWCAA 400-050, the agency added a new 
subsection (7) related to hospital, medical, and infectious waste 
incinerators regulated under 40 CFR part 62, subpart HHH, which is 
outside the scope of the SIP and was not submitted for approval. 
Therefore, we are proposing to revise the exclusions in 40 CFR 
52.2470(c), Table 8, to note that SWCAA 400-050(7) is excluded from the 
approved SIP.
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    \5\ SWCAA subsequently revised sections 400-025, 400-050, 400-
072, 400-105, 400-110, 400-111, and 400-171 as part of WSR 21-17-
054, effective September 10, 2021, discussed in section I.C. of this 
document.
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C. WSR 21-17-054--Revised Statutory Citation and Other Miscellaneous 
Revisions

    WSR 21-17-054, effective September 10, 2021, contains numerous 
revisions to SWCAA 400. Many of the revisions were to sections outside 
the scope of the SIP, such as SWCAA 400-075 Emission Standards for 
Stationary Sources Emitting Hazardous Air Pollutants. Other changes to 
SWCAA 400 were submitted as part of a separate SIP revision request, 
which we will take action on in a separate rulemaking. Sections 
proposed for approval in this action are SWCAA 400-025 Adoption of 
Federal Rules, SWCAA 400-030 Definitions, SWCAA 400-036 Portable 
Sources From Other Washington Jurisdictions, SWCAA 400-050 Emission 
Standards for Combustion and Incineration Units, SWCAA 400-072 Small 
Unit Notification for Selected Source Categories, SWCAA 400-091 
Voluntary Limits on Emissions, SWCAA 400-105 Records, Monitoring and 
Reporting, SWCAA 400-106 Emission Testing and Monitoring at Air 
Contaminant Sources, SWCAA 400-109 Air Discharge Permit Applications, 
SWCAA 400-110 Application Review Process for Stationary Sources (New 
Source Review), SWCAA 400-111 Requirements for New Sources in a 
Maintenance Plan Area, SWCAA 400-112 Requirements for New Sources in 
Nonattainment Areas, SWCAA 400-113 Requirements for New Sources in 
Attainment or Nonclassifiable Areas, SWCAA 400-114 Requirements for 
Replacement or Substantial Alteration of Emission Control Technology at 
an Existing Stationary Source, SWCAA 400-136 Maintenance of Emission 
Reduction Credits in Bank, SWCAA 400-151 Retrofit Requirements for 
Visibility Protection, SWCAA 400-171 Public Involvement, SWCAA 400-230 
Regulatory Actions and Civil Penalties, SWCAA 400-240 Criminal 
Penalties, SWCAA 400-260 Conflict of Interest, SWCAA 400-270 
Confidentiality of Records and Information, SWCAA 400-280 Powers of 
Agency, and SWCAA 400-810 Major Stationary Source and Major 
Modification Definitions.
    Most of the changes proposed for approval in this action are 
administrative or clarifying in nature. Effective June 11, 2020, the 
state legislature recodified the Washington Clean Air Act from Revised 
Code of Washington (RCW) 70.94 to RCW 70A.15. Local air agencies were 
encouraged to update affected rules to reflect new statutory references 
by July 1, 2025. This was the sole change affecting SWCAA sections 400-
091, 400-112, 400-113, 400-136, 400-230, 400-240, and 400-270. In 
addition to the recodification, SWCAA made other generally minor 
changes. A comprehensive redline/strikeout version of WSR 21-17-054 is 
included in the docket for this action, as well as the EPA's analysis 
of the revisions proposed for approval in this action. Listed below is 
a summary of the most significant changes:
     In section 400-025, SWCAA updated the adoption by 
reference date for Federal regulations cited in other sections of SWCAA 
400.
     In section 400-030, SWCAA added a definition for 
``diesel,'' made clarifying edits to the definitions for ``distillate 
oil'' and ``new source'' and revised the definition of ``volatile 
organic compound'' to match the Federal definition in 40 CFR 51.100(s) 
effective at the time.\6\ We note that in our 2017 approval of section 
400-030, SWCAA did not submit, and the EPA did not approve subsection 
(129) ``Toxic air pollutant'' because the regulation of toxic air 
pollutants is outside the scope of Clean Air Act (CAA) section 110 
requirements for SIPs. With the addition of a new definition for 
``diesel'' as subsection (33), subsection (129) is now renumbered to 
(130). We propose to revise the exclusions in 40 CFR 52.2470(c), Table 
8, to reflect this change.
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    \6\ On February 8, 2023 (88 FR 8226), the EPA revised the 
definition of Volatile Organic Compounds to exclude (2E)-
1,1,1,4,4,4-hexafluorobut-2-ene (HFO1336mzz(E)). Because the 
revisions EPA is acting on in this action do not include exclusion 
of this compound, SWCAA's SIP-approved definition is more stringent 
than the Federal definition, which is acceptable.
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     In section 400-036, SWCAA revised requirements for 
relocation noticing and emission unit registration, adding a provision 
that portable sources must provide relocation notice upon departure 
from SWCAA's jurisdiction.
     In section 400-050, SWCAA made minor revisions to 
subsections (1), (2), and (4). Subsections (3), (5), (6), and (7) are 
excluded from the current SIP, and SWCAA's submittal requests the EPA 
retain these exclusions.
     In section 400-072, SWCAA made minor clarifying revisions 
to the introductory text, as well as to subsections (1), (2), (4), 
(5)(c), (5)(d), and (5)(e). SWCAA also revised the applicability of 
subsection (5)(d) from dry cleaning facilities that use petroleum to 
any dry cleaning facility that uses a solvent other than 
perchloroethylene. We are proposing to approve the minor updates to 
SWCAA

[[Page 49400]]

400-072 subject to the same exclusions as our comprehensive 2017 
update, with one exception. In consultation with the EPA, Ecology and 
SWCAA did not submit revisions to subsection (5)(b) as part of this SIP 
revision package. In the interim, the EPA will retain the version of 
subsection (5)(b) approved as part of our comprehensive 2017 update.
     In section 400-105, SWCAA made minor clarifying edits and 
added a separate emission inventory submittal deadline for gasoline 
stations.
     In section 400-106, SWCAA made minor revisions to the 
source testing requirements in subsection (1).\7\
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    \7\ EPA's proposed approval of changes to sections 400-106, 400-
109, 400-110, and 400-111 is subject to the same exclusions 
identified in our comprehensive 2017 update and codified in the 
current approved SIP at 40 CFR 52.2470(c), Table 8.
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     In section 400-109, SWCAA added an application procedure 
for permit extensions in subsection (2)(f) and made minor clarifying 
edits to other subsections.
     In section 400-110, SWCAA added a new subsection (2)(e) 
with presumptive application withdrawal provisions, added a new 
subsection (4)(d) clarifying supersession of previous permits in new 
permitting actions, revised subsection (6)(d) to add a reference to the 
portable source provisions in SWCAA 400-036, added a new subsection 
(12)(b) providing notification and public involvement requirements for 
reopening for cause actions, and made other clarifying edits.
     In section 400-111, SWCAA made minor administrative edits 
to update citations and add quotation marks around the defined term 
``emission unit'' to match the formatting of other defined terms.
     In section 400-114, SWCAA added a new subsection (2)(b) 
providing SWCAA with authority to require the owner or operator to 
employ a level of emission control equivalent to the existing emission 
control technology when replacing or substantially altering controls, 
as well as minor administrative edits. SWCAA also added a cross 
reference to ``T-RACT'' for the regulation of toxic air pollutants 
which is outside the scope of the SIP.
     In section 400-151, SWCAA made a minor edit to define the 
acronym ``BART,'' which stands for ``Best Available Retrofit 
Technology.''
     In section 400-171, SWCAA made minor clarifying edits to 
the public notice and application notice provisions.
     In section 400-260, SWCAA made clarifying edits including 
a cross reference to the Federal conflict of interest requirements of 
Clean Air Act section 128.
     In section 400-280, SWCAA updated and standardized 
citations for other Revised Code of Washington statutory provisions, in 
addition to the recodification of the Washington Clean Air Act 
discussed above.
     In section 400-810, SWCAA corrected internal cross-
citations to the definitions.

II. The EPA's Proposed Action

A. Regulations To Approve and Incorporate by Reference Into the SIP

    The EPA is proposing to approve and incorporate by reference into 
the Washington SIP at 40 CFR 52.2470(c)--Table 8--Additional 
Regulations Approved for the Southwest Clean Air Agency (SWCAA) 
Jurisdiction, the updated SWCAA regulations listed in the table below 
for sources within SWCAA's jurisdiction. The EPA is also proposing a 
minor change to the applicability subheading in 40 CFR 52.2470(c)--
Table 8 to more clearly reflect jurisdiction for issuing permits under 
the PSD program. Our comprehensive 2017 approval stated that Ecology 
retained statewide, direct jurisdiction for PSD permitting for all 
major stationary sources not otherwise regulated by EFSEC.\8\ However, 
we neglected to include this clarification to the applicability 
subheading consistent with other recent approvals in Washington 
State.\9\ Therefore, we are proposing to add this clarification.
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    \8\ See 82 FR 17136 (April 10, 2017) at page 17138.
    \9\ See 80 FR 23721 (April 29, 2015), 85 FR 22355 (April 22, 
2020), 85 FR 36154 (June 15, 2020), and 86 FR 24718 (May 10, 2021).

             Updated Southwest Clean Air Agency Regulations
 [Applicable in Clark, Cowlitz, Lewis, Skamania and Wahkiakum counties,
    excluding facilities subject to Energy Facilities Site Evaluation
   Council (EFSEC) jurisdiction; facilities subject to the Washington
Department of Ecology's direct jurisdiction under Chapters 173-405, 173-
      410, and 173-415 Washington Administrative Code (WAC); Indian
    reservations; any other area where the EPA or an Indian tribe has
    demonstrated that a tribe has jurisdiction; and the Prevention of
 Significant Deterioration (PSD) permitting of facilities subject to the
               applicability sections of WAC 173-400-700.]
------------------------------------------------------------------------
    State/local                          State/local
      citation         Title/subject   effective date     Explanation
------------------------------------------------------------------------
        SWCAA 400--General Regulations for Air Pollution Sources
------------------------------------------------------------------------
400-025............  Adoption of              9/10/21  .................
                      Federal Rules.
400-030............  Definitions.....         9/10/21  Except: 400-
                                                        030(21) and
                                                        (130).
400-036............  Portable Sources         9/10/21  .................
                      From Other
                      Washington
                      Jurisdictions.
400-050............  Emission                 9/10/21  Except: 400-
                      Standards for                     050(3); 400-
                      Combustion and                    050(5); 400-
                      Incineration                      050(6); and 400-
                      Units.                            050(7).
400-060............  Emission                 3/21/20  .................
                      Standards for
                      General Process
                      Units.
400-072............  Small Unit               9/10/21  Except: 400-
                      Notification                      072(5)(a)(ii)(B)
                      for Selected                      ; 400-
                      Source                            072(5)(d)(ii)(B)
                      Categories.                       ; 400-
                                                        072(5)(d)(iii)(A
                                                        ); 400-
                                                        072(5)(d)(iii)(B
                                                        ); all reporting
                                                        requirements
                                                        related to toxic
                                                        air pollutants;
                                                        and 400-
                                                        072(5)(b), which
                                                        EPA previously
                                                        approved with a
                                                        state-effective
                                                        date of October
                                                        9, 2016.
400-074............  Gasoline                 6/18/17  Except: 400-
                      Transport                         074(2).
                      Tanker
                      Registration.
400-091............  Voluntary Limits         9/10/21  .................
                      on Emissions.
400-105............  Records,                 9/10/21  Except: Reporting
                      Monitoring and                    requirements
                      Reporting.                        related to toxic
                                                        air pollutants.
400-106............  Emission Testing         9/10/21  Except: 400-
                      and Monitoring                    106(1)(d)
                      at Air                            through (g); and
                      Contaminant                       400-106(2).
                      Sources.
400-109............  Air Discharge            9/10/21  Except: The toxic
                      Permit                            air pollutant
                      Applications.                     emissions
                                                        thresholds
                                                        contained in 400-
                                                        109(3)(d); 400-
                                                        109(3)(e)(ii);
                                                        and 400-109(4).

[[Page 49401]]

 
400-110............  Application              9/10/21  Except: 400-
                      Review Process                    110(1)(d).
                      for Stationary
                      Sources (New
                      Source Review).
400-111............  Requirements for         9/10/21  Except: 400-
                      New Sources in                    111(7).
                      a Maintenance
                      Plan Area.
400-112............  Requirements for         9/10/21  Except: 400-
                      New Sources in                    112(6).
                      Nonattainment
                      Areas.
400-113............  Requirements for         9/10/21  Except: 400-
                      New Sources in                    113(5).
                      Attainment or
                      Nonclassifiable
                      Areas.
400-114............  Requirements for         9/10/21  .................
                      Replacement or
                      Substantial
                      Alteration of
                      Emission
                      Control
                      Technology at
                      an Existing
                      Stationary
                      Source.
400-136............  Maintenance of           9/10/21  .................
                      Emission
                      Reduction
                      Credits in Bank.
400-151............  Retrofit                 9/10/21  .................
                      Requirements
                      for Visibility
                      Protection.
400-171............  Public                   9/10/21  Except: 400-
                      Involvement.                      171(2)(a)(xii).
400-260............  Conflict of              9/10/21  .................
                      Interest.
400-810............  Major Stationary         9/10/21  .................
                      Source and
                      Major
                      Modification
                      Definitions.
400-850............  Actual                   3/21/20  .................
                      Emissions--Plan
                      twide
                      Applicability
                      Limitation
                      (PAL).
Appendix A.........  SWCAA Method 9           3/21/20  .................
                      Visual Opacity
                      Determination
                      Method.
------------------------------------------------------------------------

B. Approved but Not Incorporated by Reference Regulations

    In addition to the regulations proposed for approval and 
incorporation by reference in section II.A of this document, the EPA 
reviews and approves state and local clean air agency submissions to 
ensure they provide adequate enforcement authority and other general 
authority to implement and enforce the SIP. However, regulations 
describing such agency enforcement and other general authority are 
generally not incorporated by reference so as to avoid potential 
conflict with the EPA's independent authorities. We are proposing to 
approve revisions, effective September 10, 2021, to SWCAA sections 400-
230, 400-240, 400-270, and 400-280 in 40 CFR 52.2470(e), EPA Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures, as approved but 
not incorporated by reference regulatory provisions.

III. Incorporation by Reference

    In this document, the EPA is proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the updated regulations identified in the table in section 
II.A and discussed in Section I. of this document. The EPA has made, 
and will continue to make, these documents generally available through 
https://www.regulations.gov and at the EPA Region 10 Office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information).

IV. 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 Clean Air Act 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, 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 (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 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

[[Page 49402]]

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. 
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 Southwest Clean Air Agency 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 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.
    Authority: 42 U.S.C. 7401 et seq.

    Dated: July 20, 2023.
Casey Sixkiller,
Regional Administrator, Region 10.
[FR Doc. 2023-15750 Filed 7-28-23; 8:45 am]
BILLING CODE 6560-50-P


