Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Rules and Regulations 15035 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0135; FRL–9538–01– 

R9] 

Air Quality Implementation Plans; 

California; San Diego County; 2008 

and 2015 8-Hour Ozone Nonattainment 

Area Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve portions of two State 

implementation plan (SIP) revisions 

submitted by the State of California to 

meet Clean Air Act (CAA) requirements 

for the 2008 8-hour ozone national 

ambient air quality standards (NAAQS 

or ‘‘standards’’) and the 2015 8-hour 

ozone NAAQS in the San Diego County 

ozone nonattainment area (‘‘San Diego 

County area’’ or ‘‘area’’). The first SIP 

revision, ‘‘2020 Plan for Attaining the 

National Ambient Air Quality Standards 

for Ozone in San Diego County’’ (‘‘2020 

San Diego County Ozone SIP’’ or ‘‘2020 

Plan’’), addresses most of the SIP 

requirements for the area. The second 

SIP revision, referred to as the ‘‘Smog 

Check Certification,’’ supplements the 

motor vehicle inspection and 

maintenance program portion of the 

2020 Plan. The EPA is taking final 

action to approve the 2020 Plan, and the 

San Diego County area portion of the 

Smog Check Certification, as meeting all 

the applicable ozone nonattainment area 

requirements for the 2008 and 2015 8- 

hour ozone NAAQS addressed by the 

plan except for the emissions statement 

requirement that the EPA previously 

found to have been met and the 

contingency measure requirements, for 

which the EPA is deferring action. 

DATES: This rule is effective April 1, 

2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R09–OAR–2021–0135. 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 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 availability information. 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: John 

J. Kelly, Air Planning Office (AIR–2–1), 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105; phone: (415) 

947–4151; email: kelly.johnj@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Summary of Proposed Action 

II. Public Comments and EPA Responses 

III. Environmental Justice Considerations 

IV. EPA Action 

V. Statutory and Executive Order Reviews 

I. Summary of Proposed Action 

On December 19, 2023 (88 FR 87850), 

the EPA proposed to approve all of the 

‘‘2020 Plan for Attaining the National 

Ambient Air Quality Standards for 

Ozone in San Diego County,’’ submitted 

on January 12, 2021, with two 

exceptions, and the San Diego County 

area vehicle inspection and 

maintenance (I/M) SIP revision for the 

2008 and 2015 ozone NAAQS, i.e., the 

San Diego County area portion of the 

‘‘California Smog Check Performance 

Standard Modeling and Program 

Certification for the 70 Parts Per Billion 

(ppb) 8-Hour Ozone Standard’’ (also 

referred to as the ‘‘Smog Check 

Certification’’), submitted on April 26, 

2023. The portions of the 2020 Plan on 

which we did not propose action are the 

portion addressing the emissions 

statement requirement, which we 

already approved in a separate 

rulemaking, and the portion addressing 

the contingency measures requirement, 

for which we are deferring action. 

Our December 19, 2023 proposed rule 

contains more information on the plans, 

our evaluation, and our rationale for 

proposing approval. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received no comments. 

III. Environmental Justice 

Considerations 

This document takes final action to 

approve certain SIP elements included 

in the 2020 Plan and the San Diego 

County area portion of the Smog Check 

Certification. Information on ozone and 

its relationship to negative health 

impacts can be found on the EPA’s 

website. We expect that this action will 

generally be neutral or contribute to 

reduced environmental and health 

impacts on all populations in the San 

Diego County area, including people of 

color and low-income populations in 

the area. At a minimum, the action 

would not worsen any existing air 

quality and is expected to ensure the 

area is meeting requirements to attain 

air quality standards. Further, there is 

no information in the record indicating 

that this action is expected to have 

disproportionately high or adverse 

human health or environmental effects 

on a particular group of people. Lastly, 

although the San Diego County Air 

Pollution Control District (‘‘District’’) 

did not perform an environmental 

justice review specifically for the 2020 

Plan, the District does implement the 

State’s ‘‘Community Air Protection 

Program’’ in San Diego County. This 

environmental justice program 

identifies specific communities based 

on environmental, health, and 

socioeconomic information in order to 

reduce their pollution exposure. 

IV. EPA Action 

No comments were submitted. 

Therefore, pursuant to section 110(k)(3) 

of the CAA, and for the reasons 

provided in our December 19, 2023 

proposed rule, the EPA is taking final 

action to approve into the California SIP 

all of the ‘‘2020 Plan for Attaining the 

National Ambient Air Quality Standards 

for Ozone in San Diego County,’’ 

submitted to the EPA on January 12, 

2021, with two exceptions, and the San 

Diego County area I/M SIP revision for 

the 2008 and 2015 ozone NAAQS, i.e., 

the San Diego County area portion of the 

‘‘Smog Check Certification,’’ submitted 

on April 26, 2023. More specifically, we 

are taking final action to approve the 

following portions of the 2020 Plan, as 

supplemented by the Smog Check 

Certification, as meeting the following 

requirements: 

• Base year emissions inventory 

element as meeting the requirements of 

CAA sections 172(c)(3) and 182(a)(1) for 

the 2008 and 2015 ozone NAAQS, 40 

CFR 51.1115 for the 2008 ozone 

NAAQS, and 40 CFR 51.1315 for the 

2015 ozone NAAQS; 

• Reasonably Available Control 

Measures (RACM) demonstration 

element as meeting the requirements of 

CAA section 172(c)(1) for the 2008 and 

2015 ozone NAAQS, 40 CFR 51.1112(c) 

for the 2008 ozone NAAQS, and 40 CFR 

51.1312(c) for the 2015 ozone NAAQS; 


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15036 Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Rules and Regulations 

• Attainment demonstration element 

for the 2008 ozone NAAQS as meeting 

the requirements of CAA section 

182(c)(2)(A) and 40 CFR 51.1108; 

• Attainment demonstration element 

for the 2015 ozone NAAQS as meeting 

the requirements of CAA section 

182(c)(2)(A) and 40 CFR 51.1308, and 

the related commitments by the 

California Air Resources Board (CARB) 

(through CARB Resolution 20–29) to 

achieve an aggregate emissions 

reduction of 4 tpd of NOX by 2032 in 

the San Diego County area and by the 

District (through District Resolution 20– 

166) to achieve emissions reductions of 

1.7 tpd of NOX by 2032; 

• Rate of Progress (ROP) 

demonstration element as meeting the 

requirements of CAA section 182(b)(1) 

for the 2008 and 2015 ozone NAAQS, 40 

CFR 51.1110(a)(2) for the 2008 ozone 

NAAQS, and 40 CFR 51.1310(a)(2) for 

the 2015 ozone NAAQS; 

• Reasonable Further Progress (RFP) 

demonstration element as meeting the 

requirements of CAA sections 172(c)(2), 

182(b)(1), and 182(c)(2)(B) for the 2008 

and 2015 ozone NAAQS, 40 CFR 

51.1110(a)(2)(i) and (ii) for the 2008 

ozone NAAQS, and 40 CFR 

51.1310(a)(2)(ii) for the 2015 ozone 

NAAQS; 

• Vehicle Miles Traveled (VMT) 

emissions offset demonstration element 

as meeting the requirements of CAA 

section 182(d)(1)(A) for the 2008 and 

2015 ozone NAAQS, 40 CFR 51.1102 for 

the 2008 ozone NAAQS, and 40 CFR 

51.1302 for the 2015 ozone NAAQS; 

• Motor vehicle emissions budgets for 

the 2020 and 2023 RFP milestone years 

and the 2026 attainment year (see Table 

1) because they are consistent with the 

RFP and attainment demonstrations for 

the 2008 ozone NAAQS approved 

herein and meet the other criteria in 40 

CFR 93.118(e)(4); 

TABLE 1—MOTOR VEHICLE EMISSIONS BUDGETS FOR THE 2008 OZONE NAAQS IN THE SAN DIEGO COUNTY AREA

[Summer planning inventory, tpd] 

Budget year VOC NOX

2020 ......................................................................................................................................................................... 16.3 28.1 

2023 ......................................................................................................................................................................... 13.6 19.3 

2026 ......................................................................................................................................................................... 12.1 17.3 

Source: 2020 Plan, Table 3–1. 

• Motor vehicle emissions budgets for 

the 2023, 2026, and 2029 RFP milestone 

years and the 2032 attainment year (see 

Table 2) because they are consistent 

with the RFP and attainment 

demonstrations for the 2015 ozone 

NAAQS approved herein and meet the 

other criteria in 40 CFR 93.118(e)(4); 

TABLE 2—MOTOR VEHICLE EMISSIONS BUDGETS FOR THE 2015 OZONE NAAQS IN THE SAN DIEGO COUNTY AREA

[Summer planning inventory, tpd] 

Budget year VOC NOX

2023 ......................................................................................................................................................................... 13.6 19.3 

2026 ......................................................................................................................................................................... 12.1 17.3 

2029 ......................................................................................................................................................................... 11.0 15.9 

2032 ......................................................................................................................................................................... 10.0 15.1 

Source: 2020 Plan, Table 4–1. 

• General conformity budgets (or 

growth increments, in this case) for the 

Department of the Navy (DoN) and 

United States Marine Corps (USMC), 

and for the San Diego International 

Airport (SDIA), see Table 3, as meeting 

the requirements of CAA section 176(c) 

and 40 CFR 93.161; 

TABLE 3—FACILITY-WIDE GENERAL CONFORMITY BUDGETS (INCREMENTS OF GROWTH) FOR THE DEPARTMENT OF THE

NAVY AND UNITED STATES MARINE CORPS, AND FOR THE SAN DIEGO INTERNATIONAL AIRPORT IN SAN DIEGO COUNTY

[Summer planning inventory, tpd] 

Facility VOC NOX

DoN and USMC ....................................................................................................................................................... 1.08 8.34 

SDIA ......................................................................................................................................................................... 0.141 1.756 

Source: 2020 Plan, pp. 18 and 19. 

• Enhanced vehicle inspection and 

maintenance program element in the 

2020 Plan, as supplemented by the San 

Diego County area portion of the Smog 

Check Certification, as meeting the 

requirements of CAA section 182(c)(3) 

for the 2008 and 2015 ozone NAAQS, 40 

CFR 51.1102 for the 2008 ozone 

NAAQS, and 40 CFR 51.1302 for the 

2015 ozone NAAQS; 

• Clean fuels fleet program element as 

meeting the requirements of CAA 

sections 182(c)(4)(A) and 246 for the 

2008 and 2015 ozone NAAQS, 40 CFR 

51.1102 for the 2008 ozone NAAQS, and 

40 CFR 51.1302 for the 2015 ozone 

NAAQS; 

• New Source Review program 

element as meeting the requirements of 

CAA sections 172(c)(5), 173, and 

182(a)(2)(C) for the 2008 and 2015 ozone 

NAAQS, 40 CFR 51.1114 for the 2008 

ozone NAAQS, and 40 CFR 51.1314 for 

the 2015 ozone NAAQS; and 

• Enhanced monitoring element as 

meeting the requirements of CAA 


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Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Rules and Regulations 15037 

section 182(c)(1) for the 2008 and 2015 

ozone NAAQS, 40 CFR 51.1102 for the 

2008 ozone NAAQS, and 40 CFR 

51.1302 for the 2015 ozone NAAQS. 

V. 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 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 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 the EPA or 

an Indian Tribe has demonstrated that a 

Tribe has jurisdiction. In those areas of 

Indian country, this action 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). 

Furthermore, 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. 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 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The State 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. However, as described in 

section III (Environmental Justice 

Considerations) of this document, the 

District does participate in the State’s 

environmental justice program. The 

EPA did not perform an EJ analysis and 

did not consider EJ in this action. Due 

to the nature of this action, this action 

is expected to have a neutral to positive 

impact on the air quality of San Diego 

County. 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 

Executive Order 12898, to achieve 

environmental justice for people of 

color, low-income populations, and 

Indigenous peoples. 

This action is subject to the 

Congressional Review Act, 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). 

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 30, 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, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: February 21, 2024. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

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 F—California 

■ 2. In § 52.220, add paragraphs 

(c)(581)(ii)(A)(2) through (5) and 

(c)(581)(ii)(B), reserved paragraph 

(c)(610), and paragraph (c)(611) to read 

as follows: 

§ 52.220 Identification of plan—in part. 

* * * * * 

(c) * * * 

(581) * * * 

(ii) * * * 

(A) * * * 

(2) ‘‘2020 Plan for Attaining the 

National Ambient Air Quality Standards 

for Ozone in San Diego County (October 

2020),’’ adopted on October 14, 2020, 

excluding the ‘‘Emissions Statement 

Rule Certification,’’ and the contingency 

measure element. 

(3) Resolution 20–166, dated October 

14, 2020, adopting the ‘‘2020 Plan for 

Attaining the National Ambient Air 

Quality Standards for Ozone in San 

Diego County (October 2020),’’ 

including a commitment to achieve 

emissions reductions of 1.7 tons per day 

of NOX by 2032 through adoption to 

amendments to San Diego County Air 

Pollution Control District Rules 69.4.1 

and 69.2.1 and to the adoption of new 

San Diego County Air Pollution Control 

District Rule 69.2.2. 

(4) Letter dated July 31, 2023, from 

Ted Anasis, Manager, Airport Planning, 

San Diego International Airport, to Nick 

Cormier, San Diego County Air 

Pollution Control District. 


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15038 Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Rules and Regulations 

(5) Letter dated August 16, 2023, from 

J.C. Golumbfskie-Jones, Fleet 

Environmental Director, Commander 

Navy Region Southwest, Department of 

the Navy, to Paula Forbis, Air Pollution 

Control Officer, San Diego County Air 

Pollution Control District. 

(B) California Air Resources Board. 

(1) Resolution 20–29, dated November 

19, 2020, adopting a commitment to 

achieve an aggregate emissions 

reduction of 4.0 tons per day of NOX in 

San Diego County by 2032 and a 

commitment from the California Air 

Resources Board to propose to the Board 

the Heavy-Duty Engine and Vehicle 

Omnibus Regulation, Advanced Clean 

Trucks Regulation, and Heavy Duty 

Vehicle Inspection Program and 

Periodic Smoke Inspection Program. 

(2) [Reserved] 

* * * * * 

(610) [Reserved] 

(611) The following materials were 

submitted on April 26, 2023, by the 

Governor’s designee. 

(i) [Reserved] 

(ii) Additional materials. (A) 

California Air Resources Board. 

(1) The San Diego County area portion 

of the ‘‘California Smog Check 

Performance Standard Modeling and 

Program Certification for the 70 Parts 

Per Billion (ppb) 8-Hour Ozone 

Standard,’’ adopted on March 23, 2023. 

(2) [Reserved] 

(B) [Reserved] 

[FR Doc. 2024–04106 Filed 2–29–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R06–OAR–2022–0984; FRL–11401– 

02–R6] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; Arkansas; 

Negative Declaration for Existing 

Sulfuric Acid Plants; Plan Revision for 

Existing Kraft Pulp Mills 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is approving the CAA section 111(d) 

State plan revision submitted by the 

State of Arkansas for existing kraft pulp 

mills subject to the Kraft Pulp Mills 

Emission Guidelines (EG). The Arkansas 

section 111(d) plan revision for kraft 

pulp mills contains administrative 

changes to the State regulations and also 

aligns compliance testing requirements 

to make it consistent with EPA’s kraft 

pulp mills new source performance 

standards. EPA is also notifying the 

public that we have received a CAA 

section 111(d) negative declaration from 

Arkansas for existing sulfuric acid 

plants subject to the Sulfuric Acid 

Plants EG. This negative declaration 

certifies that existing sulfuric acid 

plants subject to the Sulfuric Acid 

Plants EG and the requirements of 

sections 111(d) of the CAA do not exist 

within Arkansas. The EPA is approving 

the State plan revision for existing kraft 

pulp mills, accepting the negative 

declaration for existing sulfuric acid 

plants, withdrawing its approval of the 

Arkansas State plan for existing sulfuric 

acid plants, and amending the agency 

regulations in accordance with the 

requirements of the CAA. 

DATES: This rule is effective on April 1, 

2024. The incorporation by reference of 

certain material listed in the rule is 

approved by the Director of the Federal 

Register April 1, 2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2022–0984. 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 or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet. Publicly available docket 

materials are available electronically 

through https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Karolina Ruan Lei, EPA Region 6 Office, 

Air and Radiation Division—State 

Planning and Implementation Branch, 

(214) 665–7346, ruan-lei.karolina@

epa.gov. Please call or email the contact 

listed above if you need alternative 

access to material indexed but not 

provided in the docket. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means the EPA. 

I. Background 

The background for this action is 

discussed in detail in our October 23, 

2023 proposal (88 FR 72723). In that 

document we proposed to approve the 

Arkansas State plan revision for existing 

kraft pulp mills, accept the negative 

declaration for existing sulfuric acid 

plants and withdraw approval of the 

Arkansas State plan for existing sulfuric 

acid plants, and amend the agency 

regulations at 40 CFR part 62, subpart E, 

in accordance with the requirements of 

the CAA. EPA proposed to find that 

Arkansas’ submittal, submitted by 

Arkansas Department of Energy and 

Environment, Division of 

Environmental Quality (ADEQ) on June 

20, 2022, and supplemented on August 

24, 2022, and August 31, 2022, meets 

the CAA section 111(d) requirements for 

plan revisions, negative declarations, 

and plan approval withdrawals in 

accordance with 40 CFR part 60, subpart 

B, 40 CFR part 62, subpart A, and the 

applicable EG requirements. 

We did not receive any comments 

regarding our proposal. 

II. Final Action 

In this final action, the EPA is 

amending 40 CFR part 62, subpart E, to 

reflect EPA’s approval of the Arkansas 

plan revision for existing kraft pulp 

mills, acceptance of the Arkansas 

negative declaration for existing sulfuric 

acid plants, and the withdrawal of 

EPA’s approval of the Arkansas State 

plan for existing sulfuric acid plants. 

EPA takes this action in accordance 

with the requirements under section 

111(d) of the CAA. 

III. Environmental Justice 

Considerations 

Information on Executive Order 12898 

(Federal Actions To Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations, 59 FR 7629, February 16, 

1994) and how EPA defines 

environmental justice can be found in 

the section titled ‘‘Statutory and 

Executive Order Reviews’’ in this final 

rule. EPA provided additional analysis 

of environmental justice associated with 

this action in our October 23, 2023 

proposal (88 FR 72723) for the purpose 

of providing additional context and 

information about this rulemaking to the 

public, not as a basis of the action. 

This final action is approving 

Arkansas’s June 20, 2022, CAA section 

111(d) plan revision for kraft pulp mills 

and accepting Arkansas’s negative 

declaration for existing sulfuric acid 

plants; changes from the previously 

approved Arkansas plan for kraft pulp 

mills are discussed under the section 

titled ‘‘The EPA’s Evaluation’’ in the 

proposed rule for this action (88 FR 

72723, October 23, 2023). Total reduced 

sulfur (TRS) is considered a welfarerelated pollutant. Information on TRS 

and its relationship to negative health 

impacts can be found at the Federal 

Register document titled ‘‘Kraft Pulp 

Mills, Notice of Availability of Final 

Guideline Document’’ (44 FR 29828, 

May 22, 1979). We expect that this 

action will generally have neutral 


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