5770 Federal Register / Vol. 89, No. 20 / Tuesday, January 30, 2024 / Rules and Regulations 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone lasting only 60 days based on the 

response operations for the fire onboard 

the M/V GENIUS STAR XI and will 

prohibit entry within 1⁄2 nautical mile of 

the vessel. It is categorically excluded 

from further review under paragraph 

L60d of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. A Record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Revise § 165.T17–0020, added at 89 

FR 1457 (January 10, 2024), to read as 

follows: 

§ 165.T17–0020 Safety Zone; North Pacific 

Ocean, Dutch Harbor, AK. 

(a) Location. The following is a safety 

zone: All navigable waters within a 1⁄2

nautical mile radius of the M/V GENIUS 

STAR XI within the Captain of the Port 

Zone Western Alaska in the vicinity of 

the Port of Dutch Harbor, Alaska. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

Coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Western Alaska (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you shall not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative via Marine VHF channel 

16 or by calling the USCG Command 

Center at 907–428–4100. Those in the 

safety zone must comply with all lawful 

orders or directions given to them by the 

COTP or the COTP’s designated 

representative. 

(d) Enforcement period. This section 

will be enforced from January 19, 2024, 

through March 6, 2024. 

Dated: January 19, 2024. 

C.A. Culpepper, 

Captain, U.S. Coast Guard, Captain of the 

Port Western Alaska. 

[FR Doc. 2024–01857 Filed 1–26–24; 4:15 pm] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2023–0630; FRL–11617– 

01–R9] 

Finding of Failure To Submit State 

Implementation Plan Submissions for 

the 2012 Fine Particulate Matter 

National Ambient Air Quality 

Standards; California; Los AngelesSouth Coast Air Basin 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final action. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

find that California has failed to submit 

state implementation plan (SIP) 

elements required under the Clean Air 

Act (CAA or ‘‘Act’’) to implement the 

2012 national ambient air quality 

standards (NAAQS) for fine particulate 

matter (PM2.5) (‘‘2012 PM2.5 NAAQS’’) 

in the Los Angeles-South Coast Air 

Basin (‘‘South Coast’’). California was 

required to submit a SIP that meets the 

Serious area plan requirements for a 

reasonable further progress 

demonstration, quantitative milestones, 

an attainment demonstration, and 

contingency measures for the 2012 

PM2.5 NAAQS by December 31, 2023. 

The State submitted the required SIP 

elements, but subsequently withdrew its 

submission. If the EPA has not 

affirmatively found that the State has 

submitted a complete SIP to correct 

these deficiencies within 18 months of 

this finding, the offset sanctions will 

apply in the area. If within six 

additional months the EPA has still not 

affirmatively determined that the State 

has submitted a complete SIP to correct 

the deficiencies, the highway funding 

sanction will apply in the area. No later 

than two years after the EPA makes this 

finding, if the State has not submitted 

and the EPA has not approved each of 

the required SIP elements, the EPA must 

promulgate a Federal implementation 

plan (FIP) to address the remaining 

requirements. 

DATES: The effective date of this action 

is February 29, 2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2023–0630. 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. 


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Federal Register / Vol. 89, No. 20 / Tuesday, January 30, 2024 / Rules and Regulations 5771 

1 62 FR 38652 (July 18, 1997). 

2 71 FR 61143 (October 17, 2006). 

3 78 FR 3086 (January 15, 2013). 

4 80 FR 2206 (January 15, 2015). 

5Fine Particulate Matter National Ambient Air 

Quality Standards: State Implementation Plan 

Requirements; Final rule; 81 FR 58010 (August 24, 

2016). 

6 40 CFR 51.1003(a)(1). 

7 85 FR 71264 (November 9, 2020). For additional 

background, see the associated proposed 

rulemaking at 85 FR 40026 (July 2, 2020). 

8 Id. at 71266. 

9 Id. at 71268. 

10 85 FR 71264. 

11 Id. at 71268. 

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: 

Ginger Vagenas, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 972–3964 or by 

email at vagenas.ginger@epa.gov. 

SUPPLEMENTARY INFORMATION: Section 

553 of the Administrative Procedure Act 

(APA), U.S.C. 553(b)(B), provides that 

an agency may issue a rule without 

providing notice and an opportunity for 

public comment when that agency finds 

for good cause that notice and public 

procedure are impracticable, 

unnecessary, or contrary to public 

interest. The EPA has determined that 

there is a good cause for issuing this 

finding without prior proposal and 

opportunity for comment because there 

is little or no judgment involved for the 

EPA to make a finding of failure to 

submit SIPs or elements of SIPs required 

by the CAA, where states have not 

submitted a required SIP revision, made 

incomplete submissions, or, as in this 

case, withdrawn an existing submission 

by the date specified by the statute. In 

such circumstances, the EPA finds that 

notice and public procedures are 

unnecessary and that this constitutes 

good cause under 5 U.S.C. 553(b)(B). 

Throughout this document, ‘‘we,’’ 

‘‘us,’’ and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Background 

II. Consequences of Findings of Failure to 

Submit 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Airborne particulate matter (PM) can 

be composed of a complex mixture of 

particles in both solid and liquid form. 

Particulate matter can be of different 

sizes, commonly referred to as ‘‘coarse’’ 

and ‘‘fine’’ particles. Fine particles, in 

general terms, are PM with an 

aerodynamic diameter less than or equal 

to a nominal 2.5 micrometers. For this 

reason, particles of this size are referred 

to as PM2.5. 

Under section 109 of the Act, the EPA 

is required to establish primary (healthbased) and secondary (welfare-based) 

NAAQS for each pollutant for which the 

EPA has issued air quality criteria. The 

EPA first promulgated annual and 24- 

hour NAAQS for PM2.5 in July 1997 1

and then revised the 24-hour PM2.5

NAAQS in October 2006.2 Most 

recently, on December 14, 2012, the 

EPA revised the primary annual PM2.5

standard by lowering the level from 15.0 

to 12.0 micrograms per cubic meter of 

air (mg/m3) to provide increased 

protection against health effects 

associated with long- and short-term 

PM2.5 exposures. The EPA did not revise 

the secondary annual PM2.5 standard, 

which remains at 15.0 mg/m3.3 In 

addition, the EPA retained the level and 

form of the primary and secondary 24- 

hour PM2.5 standards to continue to 

provide supplemental protection against 

health and welfare effects associated 

with short-term PM2.5 exposures. 

Promulgation of a revised NAAQS 

triggers a requirement for the EPA to 

designate areas of the country as 

nonattainment, attainment, or 

unclassifiable for the standards. As 

prescribed by CAA section 188(a), areas 

designated as nonattainment for a PM2.5

NAAQS are initially classified as 

Moderate. The designation and initial 

classification for the South Coast as 

Moderate nonattainment for the 2012 

PM2.5 NAAQS became effective on April 

15, 2015.4

Nonattainment areas for PM2.5 are 

subject to the general nonattainment 

area planning requirements of CAA 

section 172 and to the PM-specific 

planning requirements of CAA sections 

188–189. On August 24, 2016, the EPA 

established a final implementation rule 

(‘‘PM2.5 SIP Requirements Rule’’) 

outlining the attainment planning and 

control requirements for current and 

future PM2.5 NAAQS.5 The PM2.5 SIP 

Requirements Rule also established the 

due date for Moderate area PM2.5 SIP 

submissions as no later than 18 months 

from the effective date of area 

designations.6 Accordingly, the areas 

designated as nonattainment for the 

2012 PM2.5 NAAQS (with an effective 

date of April 15, 2015) were required to 

submit Moderate area attainment plans 

to EPA no later than October 15, 2016. 

On April 27, 2017, California 

submitted the ‘‘Final 2016 Air Quality 

Management Plan’’ (‘‘2016 Plan’’), as 

adopted on March 3, 2017, by the 

Governing Board for the South Coast Air 

Quality Management District (SCAQMD 

or ‘‘District’’) to the EPA to address CAA 

requirements associated with the 2012 

PM2.5 standard.7 The 2016 Plan 

included a demonstration, consistent 

with the requirements of CAA section 

189(a)(1)(B), that attainment of the 2012 

PM2.5 standard by the December 31, 

2021, Moderate area attainment date 

was impracticable, despite the 

implementation of required control 

measures.8 The 2016 Plan also included 

a request that the EPA reclassify the 

nonattainment area from Moderate to 

Serious, and included a Serious area 

attainment demonstration, an emissions 

inventory, attainment related plan 

elements, and control measure 

provisions.9 Effective December 9, 2020, 

we approved or conditionally approved 

the portions of the 2016 Plan that 

addressed the CAA Moderate area 

requirements for the 2012 PM2.5 NAAQS 

in the South Coast nonattainment area 

and reclassified the South Coast as a 

Serious nonattainment area under CAA 

section 188(b)(1).10

Our final action on the 2016 Plan’s 

Moderate area requirements and 

reclassification of the nonattainment 

area to Serious also noted that the 

submitted 2016 Plan included Serious 

area planning elements for the 2012 

PM2.5 NAAQS and stated that we would 

evaluate and act on them through 

subsequent rulemakings as 

appropriate.11 At the same time, our 

final action explained that our 

reclassification of the South Coast 

nonattainment area from Moderate to 

Serious for the 2012 PM2.5 NAAQS 

triggered statutory and regulatory 

timelines for submittal of Serious area 

planning elements. Specifically, we 

stated that section 189(b)(2) of the CAA 

requires a state to submit the required 

best available control measure (BACM) 

provisions no later than 18 months after 

the effective date of final reclassification 

(i.e., June 9, 2022). Because an effective 

BACM evaluation requires an up-to-date 

emissions inventory and an evaluation 

of the precursor pollutants that must be 

controlled to provide for expeditious 

attainment, we also required the State to 

submit the emissions inventory required 


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5772 Federal Register / Vol. 89, No. 20 / Tuesday, January 30, 2024 / Rules and Regulations 

12 85 FR 71268. The Serious area SIP elements for 

the 2012 PM2.5 NAAQS include provisions to assure 

that best available control measures (including best 

available control technology) shall be implemented 

no later than four years after the area is reclassified, 

a base year emissions inventory, an attainment 

projected emissions inventory, an attainment 

demonstration with air quality modeling, a 

reasonable further progress (RFP) demonstration, 

quantitative milestones, contingency measures, and 

a nonattainment new source review (NNSR) 

program with the major source threshold set at 70 

tons per year. CAA section 189(b). 

13Letter dated March 8, 2023, from Sarah Rees, 

Ph.D., Deputy Executive Officer, Planning, Rule 

Development & Implementation, South Coast Air 

Quality Management District to Michael Benjamin, 

D. Env., Chief, Air Quality Planning and Science 

Division, California Air Resources Board. 

14Letter dated March 29, 2023, from Michael 

Benjamin, Chief, Air Quality Planning and Science 

Division, California Air Resources Board to Martha 

Guzman, Regional Administrator, EPA Region IX. 

15 88 FR 34093 (May 26, 2023), effective June 26, 

2023. 

under CAA section 172(c)(3) and any 

optional precursor demonstrations by 

this same date. In addition, we 

established a deadline of December 31, 

2023, for the submittal of the attainment 

demonstration and all other attainmentrelated plan elements.12

On March 29, 2023, the State of 

California and the District notified the 

EPA of their determination that the 

portions of the 2016 Plan relating to 

Serious area planning elements for the 

2012 PM2.5 NAAQS were no longer 

appropriate for inclusion in the SIP and 

requested that those portions of the 

submittal be considered withdrawn.13 14

Shortly thereafter, we issued a finding 

that California had failed to submit the 

BACM and emissions inventory (EI) 

plan elements that were due on June 9, 

2022.15 The remaining plan elements, 

which were due on December 31, 2023, 

are the subject of this action. 

II. Consequences of Findings of Failure 

To Submit 

For plan requirements under part D, 

title I of the CAA, such as those for 

PM2.5 nonattainment areas, if the EPA 

finds that a state has failed to make the 

required SIP submission, then CAA 

section 179 establishes specific 

consequences, including the eventual 

imposition of mandatory sanctions for 

the affected area. Additionally, such a 

finding triggers an obligation under 

CAA section 110(c) for the EPA to 

promulgate a FIP no later than two years 

from the effective date of the finding, if 

the affected state has not submitted, and 

the EPA has not approved, the required 

SIP submissions. 

If the EPA has not affirmatively 

determined that a state has submitted a 

complete SIP addressing the deficiency 

that is the basis for these findings 

within 18 months of the effective date 

of this rulemaking, pursuant to CAA 

sections 179(a) and (b) and 40 CFR 

52.31, the emissions offset sanction 

identified in CAA section 179(b)(2) will 

apply to the affected nonattainment 

area. If the EPA has not affirmatively 

determined that the state has submitted 

a complete SIP addressing the 

deficiency that is the basis for these 

findings within six months after the 

offset sanction is imposed, the highway 

funding sanction will apply in the 

affected nonattainment area, in 

accordance with CAA section 179(b)(1) 

and 40 CFR 52.31. The State must make 

the required SIP submission and the 

EPA must take final action to approve 

the submission within two years of the 

effective date of this finding; otherwise, 

the EPA is required to promulgate a FIP 

to address the relevant requirements. 

This is required pursuant to CAA 

section 110(c) for the affected 

nonattainment area. 

Based upon the withdrawal of the 

Serious area plan elements submitted 

with the 2016 Plan as described in 

section I of this rulemaking, the EPA is 

finding that California has failed to 

make the following required submittals 

for the 2012 PM2.5 NAAQS for the South 

Coast nonattainment area: (1) reasonable 

further progress demonstration, (2) 

quantitative milestones, (3) attainment 

demonstration, and (4) contingency 

measures. These required elements were 

due on December 31, 2023. With this 

finding, section 179 of the CAA starts 

sanctions clocks and a FIP clock. 

California may avoid these sanctions by 

taking timely action to remedy this 

finding. The clock governing the CAA’s 

imposition of sanctions for these areas 

will stop and sanctions will not take 

effect if the EPA finds that the State has 

made a complete SIP submission 

addressing the reasonable further 

progress demonstration, quantitative 

milestones, attainment demonstration, 

and contingency measures requirements 

for this area within 18 months of the 

date of this finding. Similarly, the EPA 

is not required to promulgate a FIP if 

California makes the required SIP 

submissions and the EPA takes final 

action to approve the submissions 

within two years of this finding of 

failure to submit a required SIP. In sum, 

the CAA does not require sanctions or 

a FIP if the State and the EPA take 

timely action to remedy this finding. 

III. Final Action 

In this action, the EPA is finding that 

California has failed to submit certain 

Serious area SIP elements for the 2012 

PM2.5 NAAQS required under subpart 4 

of part D of title I of the CAA. 

Specifically, following the March 2023 

withdrawal, the EPA finds that 

California failed to submit the elements 

that were due no later than December 

31, 2023, including an attainment 

demonstration, a reasonable further 

progress plan, quantitative milestones, 

and contingency measures. The 

consequences of this finding are 

discussed in Section II of this action. 

IV. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive orders can be 

found at http://www2.epa.gov//lawsregulations/laws-and-executiveorders.gov. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

provisions of the PRA because it does 

not impose additional requirements 

beyond those imposed by state law. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities beyond those imposed by state 

law. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. This action does not 

impose additional requirements beyond 

those imposed by state law. 

Accordingly, no additional costs to 

State, local, or tribal governments, or to 

the private sector, will result from this 

action. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the National 

Government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 


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Federal Register / Vol. 89, No. 20 / Tuesday, January 30, 2024 / Rules and Regulations 5773 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175, because this action does 

not 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, and will not 

impose substantial direct compliance 

costs on tribal governments or preempt 

tribal law. Thus, Executive Order 13175 

does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive order. This action is not 

subject to Executive Order 13045 

because it does impose additional 

requirements beyond those imposed by 

state law. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

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 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 because 

the EPA is performing a nondiscretionary duty to find that a 

required State submission was not 

timely submitted, and there is no 

information in the record inconsistent 

with the stated goals of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and indigenous peoples. 

K. Congressional Review Act (CRA) 

This action is subject to the 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). 

L. Petitions for Judicial Review 

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 1, 2024. 

Filing a petition for reconsideration by 

the Administrator of this final action 

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 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 procedures, 

Air pollution control, Approval and 

promulgation of implementation plans, 

Incorporation by reference, 

Intergovernmental relations, Particulate 

matter, Reporting and recordkeeping 

requirements. 

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

Dated: January 23, 2024. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2024–01691 Filed 1–29–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 141 

[EPA–HQ–OW–2023–0541; FRL–11620–01– 

OW] 

Expedited Approval of Alternative Test 

Procedures for the Analysis of 

Contaminants Under the Safe Drinking 

Water Act; Analysis and Sampling 

Procedures 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This action announces the 

Environmental Protection Agency’s 

(EPA’s) approval of alternative testing 

methods for use in measuring the levels 

of contaminants in drinking water to 

determine compliance with national 

primary drinking water regulations. The 

Safe Drinking Water Act authorizes EPA 

to approve the use of alternative testing 

methods through publication in the 

Federal Register. EPA is using this 

streamlined authority to make 93 

additional methods available for 

analyzing drinking water samples. This 

expedited approach provides public 

water systems, laboratories, and 

primacy agencies with more timely 

access to new measurement techniques 

and greater flexibility in the selection of 

analytical methods, thereby reducing 

monitoring costs while maintaining 

public health protection. 

DATES: This action is effective January 

30, 2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OW–2023–0541. 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 electronically through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Teresa Wells, Technical Support 

Branch, Standards and Risk 

Management Division, Office of Ground 

Water and Drinking Water (MS 140), 

Environmental Protection Agency, 26 

West Martin Luther King Drive, 

Cincinnati, OH 45268; telephone 

number: (513) 569–7128; email address: 

wells.teresa@epa.gov. 


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