Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Rules and Regulations 7289 

1EPA notes the Agency received the submittal on 

February 17, 2021. 

vessels, and the marine environment 

from potential explosion within the 

explosive arc. The regulation for this 

safety zone, § 165.1198, specifies the 

location of the safety zone which 

encompasses the navigable waters in the 

area between 500 yards of MOTCO Pier 

in position 38°03′30′′ N, 122°01′14′′ W 

and 3,000 yards of the pier. During the 

enforcement period, as reflected in 

§ 165.1198(d), if you are the operator of 

a vessel in the regulated area you must 

comply with the instruction of the 

COTP or the designated on-scene patrol 

personnel. Vessel operators desiring to 

anchor or otherwise loiter within the 

safety zone must contact Sector San 

Francisco Vessel Traffic Service at 415– 

556–2760 or VHF Channel 14 to obtain 

permission. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via marine information broadcasts. 

Dated: January 29, 2024. 

Taylor Q. Lam, 

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

Port San Francisco. 

[FR Doc. 2024–02127 Filed 2–1–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0367; FRL–11573– 

02–R4] 

Air Plan Approval; Alabama; 

Birmingham Limited Maintenance Plan 

for the 2006 24-Hour PM2.5 NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing the approval 

of a State Implementation Plan (SIP) 

revision submitted by the State of 

Alabama, through the Alabama 

Department of Environmental 

Management (ADEM), via a letter dated 

February 2, 2021. The SIP revision 

includes the 2006 24-hour fine 

particulate matter (PM2.5) national 

ambient air quality standards (NAAQS) 

Limited Maintenance Plan (LMP) for the 

Birmingham, Alabama maintenance area 

(Birmingham Area or Area). The 

Birmingham 2006 24-hour PM2.5

maintenance area is comprised of 

Jefferson County, Shelby County, and a 

portion of Walker County. EPA is 

approving the Birmingham Area LMP 

because it provides for the maintenance 

of the 2006 24-hour PM2.5 NAAQS 

within the Birmingham Area through 

the end of the second 10-year portion of 

the maintenance period. The effect of 

this action would be to make certain 

commitments related to maintenance of 

the 2006 24-hour PM2.5 NAAQS in 

Birmingham federally enforceable as 

part of the Alabama SIP. EPA is also 

notifying the public of the status of 

EPA’s adequacy determination, 

consistent with the requirements in the 

transportation conformity rule, for this 

LMP. 

DATES: This rule is effective March 4, 

2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2021–0367. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information 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 either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air and Radiation Division, 

U.S. Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that 

you contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Dianna Myers, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960. 

The telephone number is (404) 562– 

9207. Ms. Myers can also be reached via 

electronic mail at myers.dianna@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with the Clean Air Act 

(CAA or Act), EPA is approving the 

Birmingham LMP for the 2006 24-hour 

PM2.5 NAAQS, adopted by ADEM on 

February 2, 2021, and submitted by 

ADEM as a revision to the Alabama SIP 

under a cover letter with the same date.1

On November 13, 2009, EPA 

promulgated designations for the 2006 

24-hour PM2.5 NAAQS, designating the 

Birmingham Area, which includes 

Jefferson County, Shelby County, and a 

portion of Walker County, as 

nonattainment for the 2006 24-hour 

PM2.5 NAAQS based upon air quality 

data for calendar years 2006 through 

2008. See 74 FR 58688. Subsequently, 

on January 25, 2013, EPA approved the 

Birmingham Area’s maintenance plan 

and the State’s request to redesignate 

the Birmingham Area to attainment for 

the 2006 24-hour PM2.5 NAAQS. See 78 

FR 5306. 

The Birmingham LMP for the 2006 

24-hour PM2.5 NAAQS is designed to 

maintain the 2006 24-hour PM2.5

NAAQS within Birmingham through the 

end of the second 10-year portion of the 

maintenance period beyond 

redesignation or 2034. EPA is approving 

the plan because it meets all applicable 

requirements under CAA sections 110 

and 175A. As a general matter, the 

Birmingham LMP for the 2006 24-hour 

PM2.5 NAAQS relies on the same control 

measures and similar contingency 

provisions to maintain the 2006 24-hour 

PM2.5 NAAQS during the second 10- 

year portion of the maintenance period 

as the maintenance plan submitted by 

ADEM for the first 10-year period. 

In a notice of proposed rulemaking 

(NPRM) published on December 13, 

2023 (88 FR 86303), EPA proposed to 

approve the Birmingham LMP because 

the State made a showing, consistent 

with EPA’s LMP guidance, that the 

Birmingham Area’s PM2.5

concentrations are well below the 2006 

24-hour PM2.5 NAAQS, have been 

historically stable, and that it has met 

all other maintenance plan 

requirements. The details of Alabama’s 

submission and the rationale for EPA’s 

action are explained further in the 

December 13, 2023, NPRM. Comments 

on the December 13, 2023, NPRM were 

due on or before January 12, 2024. No 

comments were received on the NPRM, 

adverse or otherwise. 

II. Final Action 

In accordance with sections 110(k) 

and 175A of the CAA, and for the 

reasons set forth above and in the 

NPRM, EPA is finalizing its approval of 

the Birmingham Area LMP for the 2006 

24-hour PM2.5 NAAQS, submitted by 

ADEM on February 2, 2021, as a 

revision to the Alabama SIP. EPA is 

finalizing the approval of the 

Birmingham Area LMP because it 


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7290 Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Rules and Regulations 

includes an acceptable update of the 

various elements of the 2006 24-hour 

PM2.5 NAAQS maintenance plan 

approved by EPA for the first 10-year 

period (including emissions inventory, 

assurance of adequate monitoring and 

verification of continued attainment, 

and contingency provisions), and 

retains the relevant provisions of the 

SIP. 

EPA also finds that the Birmingham 

Area qualifies for the LMP option and 

adequately demonstrates maintenance 

of the 2006 24-hour PM2.5 NAAQS 

through documentation of monitoring 

data showing maximum 24-hour PM2.5

levels well below the NAAQS 

(including, as explained the NPRM, 

average design values below the critical 

design values), the historically stable 

design values, and the continuation of 

existing control measures. EPA finds the 

Birmingham Area’s 2006 24-hour PM2.5

LMP to be sufficient to provide for 

maintenance of the 2006 24-hour PM2.5

NAAQS in the Birmingham Area over 

the second 10-year maintenance period, 

through 2034, and thereby satisfy the 

requirements for such a plan under CAA 

section 175A(b). 

EPA is approving this second 10-year 

LMP and notifying the public that EPA 

finds the LMP adequate for 

transportation conformity purposes 

because it meets the adequacy criteria in 

40 CFR 93.118(e)(4). After 2024, the 

motor vehicle emissions in the 

Birmingham Area may be treated as 

essentially not constraining for the 

second 10-year maintenance period 

because EPA concludes that it is 

unreasonable to expect that the area will 

experience enough motor vehicle 

emissions growth that a violation of the 

PM2.5 NAAQS would result. Therefore, 

all actions for transportation plans and 

transportation improvement programs 

that would require a transportation 

conformity determination for the 

Birmingham 2006 24-hour PM2.5

maintenance area under EPA’s 

transportation conformity rule 

provisions are considered to have 

already satisfied the regional emissions 

analysis and ‘‘budget test’’ requirements 

in 40 CFR 93.118. See 40 CFR 93.109(e). 

III. 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 

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.’’ 

ADEM 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. 

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 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by April 2, 2024. 

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, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: January 29, 2024. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as follows: 


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Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Rules and Regulations 7291 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart B—Alabama 

■ 2. In § 52.50(e), amend the table by 

adding an entry for ‘‘2006 24-hour PM2.5

Second Maintenance Plan (Limited 

Maintenance Plan) for the Birmingham 

Area’’ at the end of the table to read as 

follows: 

§ 52.50 Identification of plan. 

* * * * * 

(e) * * * 

EPA APPROVED ALABAMA NON-REGULATORY PROVISIONS

Name of nonregulatory SIP provision Applicable geographic or 

nonattainment area 

State 

submittal date/ 

effective date 

EPA approval date Explanation 

*******

2006 24-hour PM2.5 Second Maintenance Plan 

(Limited Maintenance Plan) for the Birmingham Area.

Birmingham PM2.5 Maintenance Area.2/2/2021 2/2/2024, [Insert citation of 

publication].

......................

[FR Doc. 2024–02078 Filed 2–1–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2022–0868; FRL–11673–01– 

OCSPP] 

Saflufenacil; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of saflufenacil in 

or on corn, field, forage; corn, field, 

stover; and corn, field, milled 

byproducts; and amends the existing 

commodity definition for Crop Group 16 

to Crop Group 16–22. BASF Corporation 

requested these tolerances under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). 

DATES: This regulation is effective 

February 2, 2024. Objections and 

requests for hearings must be received 

on or before April 2, 2024, and must be 

filed in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2022–0868, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room and the OPP 

Docket is (202) 566–1744. For the latest 

status information on EPA/DC services, 

docket access, visit https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Director, Registration 

Division (7505T), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

telephone number: (202) 566–1030; 

email address: RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS code 

32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Office of the Federal Register’s eCFR site at https://www.ecfr.gov/ 

current/title-40. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a(g), any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2022–0868 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing and must be received 

by the Hearing Clerk on or before April 

2, 2024. Addresses for mail and hand 

delivery of objections and hearing 

requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2022–0868, by one of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be CBI 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at https://

www.epa.gov/dockets. 

Additional instructions on 

commenting or visiting the docket, 


khammond on DSKJM1Z7X2PROD with RULES