[Federal Register Volume 89, Number 136 (Tuesday, July 16, 2024)]
[Proposed Rules]
[Pages 57819-57823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14786]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0209; FRL-11948-01-R9]
Air Plan Approval; California; Mojave Desert Air Quality
Management District
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 Mojave Desert Air Quality Management District
(MDAQMD or ``District'') portion of the California State Implementation
Plan (SIP). The revisions concern recodification of prohibitory and
administrative rules used by the District to regulate air pollutants
under the Clean Air Act (CAA or the Act). The EPA is proposing to
update the California SIP to reflect the recodified rules. The EPA is
taking comments on this proposal and plans to follow with a final
action.
DATES: Comments must be received on or before August 15, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2024-0209 at https://www.regulations.gov. For comments submitted at
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, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For 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. 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: La Kenya Evans-Hopper, EPA Region IX,
75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3245 or
by email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. The State's Submittal
A. What is the background for this proposed action?
B. What rules did the State submit to rescind or replace?
C. Are there other versions of the rules?
D. What is the purpose of the submitted rule revisions?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What is the background for this proposed action?
Under the CAA, the EPA has established National Ambient Air Quality
Standards (NAAQS) for certain pervasive air pollutants, including,
among others, ozone and particulate matter (PM). Under CAA section
110(a), states are required to adopt and submit SIPs to implement,
maintain, and enforce the NAAQS. Under CAA section 107(d), the EPA has
designated all areas of the country as attainment, nonattainment, or
unclassifiable for the NAAQS. Areas designated as nonattainment must
adopt and submit SIP revisions that, among other things, provide for
attainment of the NAAQS by the applicable attainment date.
The MDAQMD regulates sources of air pollution within California's
``Mojave Desert Air Basin,'' which lies within the previously-
designated ``Southeast Desert Air Basin.'' \1\ The MDAQMD's
jurisdiction includes the desert portion of San Bernardino County and
the far eastern portion of Riverside County. The EPA has designated two
areas in the San Bernardino County portion of the District as
nonattainment areas for PM equal to or less than 10 microns in diameter
(PM10): (1) the Trona planning area, located in the
northwestern portion of the county, and (2) the larger San Bernardino
nonattainment area that covers the remaining portion of San Bernardino
County regulated by the MDAQMD, excluding the Trona planning area.\2\ A
portion of San Bernardino County within the District is also in the
West Mojave Desert ozone nonattainment area.\3\ The Riverside County
portion of the District is designated as unclassifiable/attainment for
all the NAAQS.
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\1\ The two air basins are described in the California Air
Resources Board's (CARB's) Initial Statement of Reasons for Proposed
Rulemaking, Proposed Amendments to Divide the Southeast Desert Air
Basin and to Modify the Boundary of the South Coast Air Basin and
Proposed Amendments to the Related Agricultural Burning Regulations,
April 1996.
\2\ 40 CFR 81.305--``California--PM-10'' table of area
designations.
\3\ 40 CFR 81.305. The West Mojave Desert ozone nonattainment
area also includes the Antelope Valley portion of Los Angeles
County.
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In 1972, when the original California SIP was submitted and
approved by the EPA, the San Bernardino County Air Pollution Control
District (SBCAPCD) had jurisdiction over stationary sources within all
of San Bernardino County. On
[[Page 57820]]
July 16, 1975, the Los Angeles County Air Pollution Control District
(LACAPCD), Orange County Air Pollution Control District (OCAPCD),
Riverside County Air Pollution Control District (RCAPCD), and SBCAPCD
were unified into the Southern California Air Pollution Control
District (SoCalAPCD). On February 1, 1977, California split the
SoCalAPCD into four agencies. The western coastal area became regulated
by the South Coast Air Quality Management District (SCAQMD) and the
remaining eastern desert portions of Los Angeles, San Bernardino, and
Riverside Counties were separated back into air pollution control
districts for each county (i.e., LACAPCD, SBCAPCD, and RCAPCD). The
original jurisdiction of the SCAQMD covered an area referred to as the
``South Coast Air Basin'' that included all of Orange County and the
western non-desert portions of Los Angeles, Riverside, and San
Bernardino Counties. The jurisdiction of the LACAPCD, SBCAPCD, and
RCAPCD extended over a portion of an air basin referred to as the
``Southeast Desert Air Basin.'' \4\
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\4\ 43 FR 25684 (June 14, 1978).
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The Southeast Desert Air Basin portion of Riverside County was
added to the SCAQMD on December 1, 1977. Effective December 1, 1977,
under state law, all SCAQMD Rules and Regulations became applicable
within the Southeast Desert portion of Riverside County.\5\ In 1982,
the applicability of SCAQMD rules that had been approved as part of the
California SIP was extended to the Southeast Desert portion of
Riverside County.\6\ On July 1, 1993, the SBCAPCD was re-formed as the
MDAQMD. On July 1, 1994, the Palo Verde Valley area in far eastern
Riverside County (and that is a part of the Southeast Desert portion of
Riverside County) left the SCAQMD and joined the MDAQMD.\7\
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\5\ Letter dated August 11, 1980, from Gary Rubenstein, Deputy
Executive Officer, CARB to Paul DeFalco, Jr., EPA Regional
Administrator--approved at 47 FR 25013 (June 9, 1982).
\6\ 47 FR 25013 (June 9, 1982).
\7\ The Palo Verde Valley portion of the MDAQMD covers an area
approximately 30 miles wide along the eastern boundary of the county
adjoining the State of Arizona.
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An outgrowth of the complicated regulatory history of the MDAQMD is
that the applicable SIP for the area the District regulates consists of
a mixture of rules from current and former agencies. Rules adopted by
MDAQMD apply District-wide; SBCAPCD rules apply only in the San
Bernardino County portion of the District; and rules adopted by the
RCAPCD, SoCalAPCD or the SCAQMD only apply in the Riverside County
portion of the District.
B. What rules did the State submit to rescind or replace?
This proposal covers portions of SIP revisions submitted by the
California Air Resources Board (CARB) to the EPA on September 23,
2022,\8\ November 30, 2022,\9\ May 11, 2023,\10\ and October 13,
2023.\11\ Table 1 lists the MDAQMD rules that were submitted for
inclusion in the SIP with the date each rule was adopted and then
submitted by CARB.\12\ When these rules were submitted, CARB also
requested rescission of the analogous rules in the SIP that were
adopted by SCAQMD \13\ and apply within the Riverside County portion of
the District. Table 2 lists the rules to be rescinded by this action
with the dates that they were adopted by SCAQMD, approved by the EPA
(with the associated Federal Register citations), subsequently
rescinded by MDAQMD, and then submitted by CARB for rescission.
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\8\ CARB submitted the SIP revision electronically on September
23, 2022, as an enclosure to a transmittal letter of the same date.
\9\ CARB submitted the SIP revision electronically on November
30, 2022, as an enclosure to a transmittal letter dated November 22,
2022. CARB later clarified that, in addition to the rule rescissions
requested for SCAQMD Rules 468 and 468, the November 30, 2022
submission was also intended to include the submission of
replacement rules, MDAQMD Rules 468, ``Sulfur Recovery Units'' and
469, ``Sulfuric Acid Units.'' See CARB email dated April 4, 2024,
from Ariel Fideldy (CARB) to Jefferson Wehling (EPA), Subject:
``CARB Clarification regarding November 30, 2022 submittal of MDAQMD
Rules.''
\10\ CARB submitted the SIP revision electronically on May 11,
2023, as an enclosure to a transmittal letter dated May 10, 2023.
\11\ CARB submitted the SIP revision electronically on October
13, 2023, as an enclosure to a transmittal letter of the same date.
\12\ These rules have adoption dates prior to the formation of
the MDAQMD because the rules were not revised or amended when the
MDAQMD was formed and first adopted its rulebook. The rules were
SBCAPCD rules and were merely recodified as being MDAQMD rules that
apply District-wide.
\13\ The versions of SCAQMD Rules 104, 408, 443, 468, 469 and
472 that are currently part of the applicable SIP for the Riverside
County portion of the MDAQMD were adopted by the SoCalAPCD, rather
than the SCAQMD.
Table 1--Submitted Rules
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Adopted/amended/
Local agency Rule No. Rule title revised date Submittal date
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MDAQMD........................ 104 Reporting of Source December 19, 1988.... October 13, 2023.
Test Data and
Analyses.
MDAQMD........................ 404 Particulate Matter-- July 25, 1977........ May 11, 2023.
Concentration.
MDAQMD........................ 405 Solid Particulate July 25, 1977........ May 11, 2023.
Matter--Weight.
MDAQMD........................ 407 Liquid and Gaseous July 25, 1977........ September 23, 2022.
Air Contaminants.
MDAQMD........................ 408 Circumvention........ July 25, 1977........ May 11, 2023.
MDAQMD........................ 409 Combustion July 25, 1977........ May 11, 2023.
Contaminants.
MDAQMD........................ 443 Labeling of Solvents. July 25, 1977........ May 11, 2023.
MDAQMD........................ 468 Sulfur Recovery Units July 25, 1977........ November 30, 2022.
MDAQMD........................ 469 Sulfuric Acid Units.. July 25, 1977........ November 30, 2022.
MDAQMD........................ 472 Reduction of Animal July 25, 1977........ May 11, 2023.
Matter.
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Table 2--Submitted Rule Rescissions
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Adopted/amended/ SIP approval date Date of rescission
Local agency Title revised date and FR citation by MDAQMD Submittal date
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SCAQMD Rule 104................... Reporting of Source January 9, 1976..... June 14, 1978, 43 FR April 24, 2023...... October 13, 2023.
Test Data and 25684.
Analyses.
SCAQMD Rule 408................... Circumvention........ May 7, 1976......... June 14, 1978, 43 FR April 25, 2022...... May 11, 2023.
25684.
SCAQMD Rule 443................... Labeling of Solvents. January 1, 1977..... June 14, 1978, 43 FR October 24, 2022.... May 11, 2023.
25684.
SCAQMD Rule 468................... Sulfur Recovery Units October 8, 1976..... June 14, 1978, 43 FR August 22, 2022..... November 30, 2022.
25684.
SCAQMD Rule 469................... Sulfuric Acid Units.. October 8, 1976..... June 14, 1978, 43 FR August 22, 2022..... November 30, 2022.
25684.
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SCAQMD Rule 472................... Reduction of Animal May 7, 1976......... June 14, 1978, 43 FR August 22, 2022..... May 11, 2023.
Matter. 25684.
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The September 23, 2022, November 30, 2022, May 11, 2023, and
October 13, 2023 SIP submissions were deemed complete by operation of
law with respect to the completeness criteria in 40 CFR part 51,
appendix V on March 23, 2023, May 30, 2023, November 11, 2023, and
April 13, 2024, respectively.
C. Are there other versions of the rules?
We approved earlier versions of the rules listed in Table 1 when
they were adopted and submitted by the MDAQMD's predecessor agency, the
SBCAPCD. Table 3 lists the previously SIP-approved rules along with
their local adoption dates and EPA approval citations. If we finalize
this action as proposed, the SBCAPCD rules in Table 3 will be
superseded in the applicable SIP by the corresponding MDAQMD rules
listed in Table 1.
Table 3--SIP Rules To Be Superseded Upon Approval of Submitted Rules Listed in Table 1
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Adopted/ amended/ SIP approval date and
Local agency Rule No. Rule title revised date FR citation
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SBCAPCD....................... 104 Reporting of Source December 19, 1988.... November 27, 1990, 55
Test Data and FR 49281.
Analyses.
SBCAPCD....................... 404 Particulate Matter-- July 25, 1977........ December 21, 1978, 43
Concentration. FR 59489.
SBCAPCD....................... 405 Solid Particulate July 25, 1977........ December 21, 1978, 43
Matter--Weight. FR 59489.
SBCAPCD....................... 407 Liquid and Gaseous February 1, 1977..... September 8, 1978, 43
Air Contaminants. FR 40011.
SBCAPCD....................... 408 Circumvention........ February 1, 1977..... September 8, 1978, 43
FR 40011.
SBCAPCD....................... 409 Combustion February 1, 1977..... September 8, 1978, 43
Contaminants. FR 40011.
SBCAPCD....................... 443 Labeling of Solvents. February 1, 1977..... September 8, 1978, 43
FR 40011.
SBCAPCD....................... 468 Sulfur Recovery Units February 1, 1977..... September 8, 1978, 43
FR 40011.
SBCAPCD....................... 469 Sulfuric Acid Units.. February 1, 1977..... September 8, 1978, 43
FR 40011.
SBCAPCD....................... 472 Reduction of Animal February 1, 1977..... September 8, 1978, 43
Matter. FR 40011.
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D. What is the purpose of the submitted rule revisions?
Emissions of volatile organic compounds (VOCs) and oxides of
nitrogen (NOX) contribute to the production of ground-level
ozone and smog which harm human health and the environment. Emissions
of PM, including PM equal to or less than 2.5 microns in diameter
(PM2.5) and PM10, contribute to effects that are
harmful to human health and the environment, including premature
mortality, aggravation of respiratory and cardiovascular disease,
decreased lung function, visibility impairment, and damage to
vegetation and ecosystems.
Section 110(a) of the CAA requires states to submit regulations
that control emissions of criteria air pollutants or their precursors,
including NOX, VOCs, and PM, as part of the SIP. Over the
years, MDAQMD's predecessor agency, the SBCAPCD, adopted many
administrative and prohibitory rules to meet SIP requirements,
including those that are the subject of this proposed action, for the
San Bernardino County portion of the MDAQMD. The RCAPCD, SoCalAPCD, and
SCAQMD did the same for the Riverside County portion of the MDAQMD.
However, the SBCAPCD, RCAPCD, and SoCalAPCD no longer exist, and SCAQMD
no longer has jurisdiction in the areas currently regulated by the
MDAQMD. The purpose of the SIP submissions for which action is proposed
is to align the SIP versions of the rules with those that are in effect
in the MDAQMD.
The EPA's technical support document (TSD) has more information
about these rules.
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules?
Under CAA section 110(l), SIP revisions must be adopted by the
state, and the state must provide reasonable public notice and hearing
prior to adoption.\14\ Rules in the SIP must be enforceable (see CAA
section 110(a)(2)), must not interfere with applicable requirements
concerning attainment and reasonable further progress or other CAA
requirements (see CAA section 110(l)), and must not modify certain SIP
control requirements in nonattainment areas without ensuring equivalent
or greater emissions reductions (see CAA section 193).
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\14\ We have reviewed the SIP submissions covered in this
proposed action for compliance with CAA procedural requirements and
found that all such requirements have been met.
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In ozone nonattainment areas classified as Moderate or above, the
CAA requires implementation of Reasonably Available Control Technology
(RACT) for each category of sources covered by a Control Techniques
Guidelines (CTG) document as well as each major source of VOCs and
NOX (see CAA section 182(b)(2)). This requirement applies in
the portion of San Bernardino County that lies within the ``West Mojave
Desert'' nonattainment area that is classified as Severe for the 2008
and 2015 ozone NAAQS.\15\ States must also implement reasonably
available control measures (RACM), including RACT, in Moderate
PM2.5 or PM10 nonattainment areas (see CAA
sections 172(c)(1) and 189(a)(1)(C)). The MDAQMD regulates two
PM10 nonattainment areas in San Bernardino County that are
classified as Moderate for the PM10 NAAQS,\16\ and thus the
RACM requirement applies to these areas. However, in this proposed
action, we are evaluating the submitted rules and rescissions as rule
recodifications and are not evaluating the rules for compliance with
RACT or RACM requirements at this time.
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\15\ 40 CFR 81.305.
\16\ Id.
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Guidance and policy documents that we used to evaluate
enforceability, revision/relaxation and rule stringency
[[Page 57822]]
requirements for the applicable criteria pollutants include the
following:
1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11,
1990).
2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
3. Memorandum, from Johnnie L. Pearson, Chief, Regional Activities
Section, EPA Office of Air Quality Planning and Standards to Chief, Air
Branch, Regions I-X, ``Review of State Regulation Recodifications,''
February 12, 1990.
B. Do the rules meet the evaluation criteria?
The purpose for the submission of the MDAQMD rules is to align the
outdated versions of the rules in the SIP with the versions found in
the current District rulebook. To do this, CARB submitted MDAQMD rules,
which apply District-wide, to replace the versions of the rules in the
SIP that are identical but currently only apply to a geographic subset
of the District (San Bernardino County or Riverside County).
The MDAQMD rules in Table 1 are identical to the SBCAPCD rules in
Table 3 that are currently in the SIP. Thus, we are proposing the
SBCAPCD rules listed in Table 3 will be superseded by our proposed
approval of the MDAQMD rules in Table 1. For the portion of Riverside
County regulated by MDAQMD, the SIP identifies rules adopted by the
SCAQMD. MDAQMD Rules 104, 408, 443, 468, 469 and 472 in Table 1 are
identical to the comparable SCAQMD rules listed in Table 2. Similarly,
we are proposing that approval of the MDAQMD rules in Table 1 allows
for the rescission of the SCAQMD rules in Table 2.
We are reviewing these particular rules as recodifications of
existing rules and are not reviewing the substance of the rules at this
time.\17\ The EPA is now merely proposing to approve the District-wide
versions of rules to replace identical rules that were previously-
approved by the EPA but that only apply to a geographic subset of the
District. The EPA's approval of the District-wide rules, at this time,
does not imply any position with respect to the approvability of the
substantive requirements in the rules. To the extent the EPA issues any
SIP calls to the State with respect to the adequacy of any of the rules
subject to this recodification, the EPA will continue to require the
State to correct any such rule deficiencies despite the EPA's proposed
approval of this recodification.
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\17\ Memorandum dated February 12, 1990, from Johnnie L.
Pearson, Chief, Regional Activities Section, EPA Office of Air
Quality Planning and Standards to Chief, Air Branch, Regions I-X,
``Review of State Regulation Recodifications.''
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C. Public Comment and Proposed Action
As authorized in section 110(k)(3) of the Act, the EPA proposes to
approve the submitted rules in Table 1 because they represent
recodifications of existing SIP rules. These rules would supersede the
rules in Table 3. The EPA is also proposing to approve the rescissions
listed in Table 2 because they mirror recodified rules proposed for
approval. We will accept comments from the public on this proposal
until [Insert date 30 days after date of publication in the Federal
Register]. If we take final action to approve the submitted rules, our
final action would incorporate the submitted rules into the SIP and
would remove from the applicable SIP the rules that have been rescinded
or superseded.
III. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA 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 MDAQMD rules listed in Table 1 of this preamble, which
includes certain administrative and prohibitory rules that control
emissions of NOX, VOCs, and PM. The EPA has made, and will
continue to make, these materials 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).
IV. Statutory and Executive Order Reviews
Under the CAA, 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
proposed action merely proposes to approve state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed 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 proposes to approve 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 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 proposed 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
[[Page 57823]]
industrial, governmental, and commercial operations or programs and
policies.''
The 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. 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 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
dioxide, Volatile organic compounds.
Dated: July 1, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-14786 Filed 7-15-24; 8:45 am]
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