12244 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 

final rule amending the Department’s 

FOIA regulations in 34 CFR part 5, 

including § 5.40(b) (Appeals of Adverse 

Determinations). On January 26, 2024, 

we corrected that provision to strike the 

last sentence, which contained 

erroneous language. 89 FR 5097. 

Because the title of the corrected 

provision inadvertently was omitted in 

the amendatory instructions, we are 

correcting that provision to add back the 

original title, ‘‘Appeal requirements.’’ 

All other information in the 2010 final 

rule remains the same, except for the 

provisions that were amended on 

December 12, 2019 (84 FR 67865) and 

January 26, 2024 (89 FR 5097). 

Waiver of Rulemaking 

Under the Administrative Procedure 

Act (APA) (5 U.S.C. 553), the 

Department generally offers interested 

parties the opportunity to comment on 

proposed regulations. However, the 

APA provides that an agency is not 

required to conduct notice-andcomment rulemaking when the agency, 

for good cause, finds that notice and 

public comment are impracticable, 

unnecessary, or contrary to the public 

interest (5 U.S.C. 553(b)(B)). 

Rulemaking is ‘‘unnecessary’’ in those 

situations in which ‘‘the administrative 

rule is a routine determination, 

insignificant in nature and impact, and 

inconsequential to the industry and to 

the public.’’ Utility Solid Waste 

Activities Group v. EPA, 236 F.3d 749, 

755 (D.C. Cir. 2001), quoting U.S. 

Department of Justice, Attorney 

General’s Manual on the Administrative 

Procedure Act 31 (1947) and South 

Carolina v. Block, 558 F. Supp. 1004, 

1016 (D.S.C. 1983). 

There is good cause to waive 

rulemaking here, because rulemaking is 

unnecessary. The actions in this 

document merely correct an inadvertent 

deletion of an existing regulatory title 

and are not an exercise of the 

Department’s discretion. Thus, the 

Secretary has determined that 

publication of a proposed rule is 

unnecessary under 5 U.S.C. 553(b)(B). 

Accessible Format: On request to the 

program contact person listed under FOR

FURTHER INFORMATION CONTACT, 

individuals with disabilities can obtain 

this document in an accessible format. 

The Department will provide the 

requestor with an accessible format that 

may include Rich Text Format (RTF) or 

text format (txt), a thumb drive, an MP3 

file, braille, large print, audiotape, or 

compact disc, or other accessible format. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations at 

www.govinfo.gov. At this site you can 

view this document, as well as all other 

documents of this Department 

published in the Federal Register, in 

text or Portable Document Format 

(PDF). To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

List of Subjects in 34 CFR Part 5 

Administrative practice and 

procedure, Investigations. 

Accordingly, part 5 of title 34 of the 

Code of Federal Regulations is corrected 

by making the following correcting 

amendments: 

PART 5—AVAILABILITY OF 

INFORMATION TO THE PUBLIC 

■ 1. The authority citation for part 5 

continues to read as follows: 

Authority: 5 U.S.C. 552, 20 U.S.C. 1221e– 

3, and 20 U.S.C. 3474. 

■ 2. Section 5.40 is amended by adding 

a subject heading to paragraph (b) to 

read as follows: 

§ 5.40 Appeals of adverse determinations. 

* * * * * 

(b) Appeal requirements. * * * 

* * * * * 

Alexis Barrett, 

Chief of Staff, Office of the Secretary 

Department of Education. 

[FR Doc. 2024–03267 Filed 2–15–24; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2023–0199; FRL–10830– 

03–R7] 

Approval of State Plans for Designated 

Facilities and Pollutants; MO; Approval 

and Promulgation of Implementation 

Plans; Control of Emissions From 

Existing Municipal Solid Waste 

Landfills 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Missouri State Implementation Plan 

(SIP) related to municipal solid waste 

landfills in the St. Louis ozone 

nonattainment area. The revision to this 

rule includes incorporating by reference 

Emission Guidelines (EG) for Municipal 

Solid Waste (MSW) landfills. EPA is 

approving this SIP revision based on 

EPA’s finding that the rule implements 

more stringent thresholds and do not 

impact the stringency of the SIP or have 

an adverse effect on air quality. The 

EPA’s approval of this rule revision is 

being done in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective March 

18, 2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2023–0199. 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, i.e., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional information. 

FOR FURTHER INFORMATION CONTACT: 

Allyson Prue, Environmental Protection 

Agency, Region 7 Office, Air Permitting 

and Planning Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219; 

telephone number: (913) 551–7277; 

email address: prue.allyson@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

II. What is being addressed in this document? 

III. Have the requirements for approval of a 

SIP revision been met? 

IV. The EPA’s Response to Comments 

V. What action is the EPA taking? 

VI. Incorporation by Reference 

VII. Statutory and Executive Order Reviews 

I. Background 

On August 21, 2023, the EPA 

proposed to approve Missouri’s 

submitted section 111(d) State Plan with 

two accompanying state rule revisions 

and a SIP revision in the Federal 

Register (88 FR 56787). The EPA 

proposed to approve both the section 

111(d) State Plan with two 


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Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 12245 

accompanying state rule revisions and 

SIP revision together. In this action, the 

EPA is finalizing approval of the 

revision to 10 CSR 10–5.490 ‘‘Municipal 

Solid Waste Landfills’’ (which covers 

the St. Louis area) into Missouri’s SIP. 

The EPA will act on the section 111(d) 

State Plan and the revision to 10 CSR 

10–6.310 ‘‘Restriction of Emissions 

From Municipal Solid Waste Landfills’’ 

in a separate action. 

The proposed rule includes additional 

background information on Missouri’s 

Municipal Solid Waste Landfill Rule for 

the St. Louis Ozone Nonattainment 

Area. The Technical Support Document 

(TSD), located in the docket for this 

rulemaking, includes the summary and 

analysis of Missouri’s SIP Revision. The 

EPA solicited comments on the 

proposed approval of the submission 

and received one comment. 

II. What is being addressed in this 

document? 

As part of this action, EPA is 

approving the revision to 10 CSR 10– 

5.490, which implements the 2016 

MSW landfill EG at more stringent 

thresholds in the St. Louis ozone 

nonattainment area, into Missouri’s SIP. 

EPA’s approval of 10 CSR 10–5.490 is in 

accordance with section 110 of the CAA 

and 40 CFR part 51. 

EPA’s detailed rationale and 

discussion of Missouri’s revisions to 10 

CSR 10–5.490 can be found in the EPA 

TSD, located in the docket for this 

rulemaking. 

III. Have the requirements for approval 

of a SIP revision been met? 

The State’s submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The submission also satisfied 

the completeness criteria of 40 CFR part 

51, appendix V. The State provided 

public notice on this SIP revision from 

December 27, 2021 to February 3, 2022 

and held a public hearing on January 27, 

2022. The State received one comment 

on 10 CSR 10–5.490 concerning 

incorporation by reference of federal 

requirements and modified the rule in 

response. 

In addition, as explained above and in 

more detail in the technical support 

document (TSD) which is part of this 

docket, the revision meets the 

substantive SIP requirements of the 

CAA, including section 110 and 

implementing regulations. 

IV. The EPA’s Response to Comments 

The public comment period on the 

EPA’s proposed rule opened August 21, 

2023 the date of its publication in the 

Federal Register and closed on 

September 20, 2023. During this period, 

EPA received one comment from an 

individual commenter that was 

supportive of EPA’s proposed action. 

V. What action is the EPA taking? 

The EPA is taking final action to 

approve Missouri’s SIP revision 

submitted by the MoDNR on July 25, 

2022 revising Missouri state rule 10 CSR 

10–5.490, which incorporates 

requirements established in EPA’s 

updated Emission Guidelines, into the 

Missouri SIP replacing the prior SIPapproved version of the state rule. EPA 

amends 40 CFR part 52, subpart AA, to 

reflect this action. 

VI. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Missouri state rule 

10 CSR 10–5.490, state effective date 

July 30, 2022, which regulates 

municipal solid waste landfills in the 

St. Louis area as set forth below in the 

amendments to 40 CFR part 52. EPA has 

made, and will continue to make, these 

materials generally available through 

the docket for this action, EPA–R07– 

OAR–2023–0199, at https://

www.regulations.gov and at the EPA 

Region 7 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by the EPA for inclusion in 

the State Implementation Plan, have 

been incorporated by reference by EPA 

into that plan, are fully federally 

enforceable under sections 110 and 113 

of the CAA as of the effective date of the 

final rulemaking of the EPA’s approval, 

and will be incorporated by reference in 

the next update to the SIP compilation. 

VII. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 minimum 

criteria of the CAA. 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 13563 (76 FR 3821, 

January 21, 2011); 

• 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 an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• 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 submission 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, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 


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12246 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

MoDNR 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 16, 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, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: February 12, 2024. 

Meghan A. McCollister, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as set forth below: 

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 AA—Missouri 

■ 2. In § 52.1320, the table in paragraph 

(c) is amended by revising the entry for 

‘‘10–5.490’’ to read as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title State effective date EPA approval date Explanation 

Missouri Department of Natural Resources 

*******

Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area 

*******

10–5.490 ............ Municipal Solid Waste Landfills.July 30, 2022 ........................ 2/16/2024, [insert Federal 

Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2024–03299 Filed 2–15–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–OLEM–2023–0299; EPA–HQ– 

OLEM–2023–00304; EPA–HQ–OLEM–2023– 

0382; FRL–11238–02–OLEM] 

Deletion From the National Priorities 

List 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) announces the deletion of 

one site and partially deletion of two 

sites from the Superfund National 

Priorities List (NPL). The NPL, created 

under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is an 

appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the States, through their designated 

State agencies, have determined that all 

appropriate response actions under 

CERCLA have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: The document is effective 

February 16, 2024. 

ADDRESSES: Docket: EPA has established 

a docket for this action under the Docket 

Identification included in Table 1 in the 

SUPPLEMENTARY INFORMATION section of 

this document. All documents in the 

docket are listed on the https://

www.regulations.gov website. The Final 

Close-Out Report (FCOR, for a full site 

deletion) or the Partial Deletion 

Justification (PDJ, for a partial site 

deletion) is the primary document 

which summarizes site information to 

support the deletion. It is typically 

written for a broad, non-technical 

audience and this document is included 

in the deletion docket for each of the 

sites in this rulemaking. Although listed 

in the index, some information is not 

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. Docket materials are available 

through https://www.regulations.gov or 

at the corresponding Regional Records 

Centers. Locations, addresses, and 


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