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 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Rules and Regulations 15039 

environmental and health impacts on all 

populations, including people of color 

and low-income populations, in 

Arkansas that are located near an 

existing kraft pulp mill. At a minimum, 

this 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. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of Arkansas 

Pollution Control and Ecology 

Commission (APC & EC) Rule 19, 

Chapter 8, approved January 28, 2022, 

which is part of the CAA section 111(d) 

Plan applicable to existing kraft pulp 

mills subject to the Kraft Pulp Mills 

Emission Guidelines within ADEQ’s 

jurisdiction in the State of Arkansas. 

The regulatory provisions of APC & EC 

Rule 19, Chapter 8, incorporate the Kraft 

Pulp Mills Emission Guidelines 

promulgated by the EPA and provide 

emission standards for the control of 

existing kraft pulp mills, as defined in 

40 CFR 60.281(a) and under the Kraft 

Pulp Mills Emission Guidelines, that 

commenced construction, modification, 

or reconstruction on or before 

September 24, 1976. The EPA has made, 

and will continue to make, these 

materials generally available through 

www.regulations.gov (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). This 

incorporation by reference has been 

approved by the Office of the Federal 

Register and the plan is federally 

enforceable under the CAA as of the 

effective date of this final rulemaking. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a CAA section 

111(d) submission that complies with 

the provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7411(d); 

42 U.S.C. 7429; 40 CFR part 60, subparts 

B and Cf; and 40 CFR part 62, subpart 

A. Thus, in reviewing CAA section 

111(d) State plan submissions and 

negative declarations, EPA’s role is to 

approve State choices, provided that 

they meet the criteria of the Act and 

implementing regulations. 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: 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is not a significant 

regulatory action as defined in 

Executive Order 12866 (58 FR 51735, 

October 4, 1993), as amended by 

Executive Order 14094 (88 FR 21879, 

April 11, 2023), and was therefore not 

subject to a requirement for Executive 

Order 12866 review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA (44 U.S.C. 3501 et seq.) because it 

does not contain any information 

collection activities. 

C. Regulatory Flexibility Act (RFA) 

This action is certified to not have a 

significant economic impact on a 

substantial number of small entities 

under the RFA (5 U.S.C. 601 et seq.). 

This action will approve plan revisions 

and accept negative declarations 

pursuant to CAA section 111(d) and will 

therefore have no net regulatory burden 

for all directly regulated small entities. 

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 imposes no 

enforceable duty on any State, local, or 

Tribal governments or the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999). 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. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action will not 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). 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern environmental 

health or safety risks that EPA has 

reason to believe may 

disproportionately affect children, per 

the definitions of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive order. Therefore, this action is 

not subject to Executive Order 13045 

because it approves a State program. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution and Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. This action 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. 

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 


ddrumheller on DSK120RN23PROD with RULES1
15040 Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Rules and Regulations 

commercial operations or programs and 

policies.’’ 

The air agency did not evaluate 

environmental justice considerations as 

part of its submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. The EPA performed an 

environmental justice analysis, as 

described in the section titled 

‘‘Environmental Justice Considerations’’ 

in the proposed rule associated with 

this action (88 FR 72723, October 23, 

2023). The analysis was done for the 

purpose of providing additional context 

and information about this rulemaking 

to the public, not as a basis of the 

action. Due to the nature of the action 

being taken here, this action is expected 

to have a neutral impact on the air 

quality of the affected area. In addition, 

there is no information in the record 

upon which this action is based 

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 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 62 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Reporting and recordkeeping 

requirements. 

Dated: February 22, 2024. 

Earthea Nance, 

Regional Administrator, Region 6. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends 40 CFR part 62 as 

follows: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows:

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

Subpart E—Arkansas 

■ 2. Amend § 62.850 by revising 

paragraphs (c)(1) and (2) and removing

and reserving paragraph (c)(3) to read as

follows:

§ 62.850 Identification of plan.

* * * * * 

(c) * * *

(1) Kraft pulp mills.

(2) Municipal solid waste landfills.

(3) [Reserved]

■ 3. Revise § 62.855 to read as follows: 

§ 62.855 Identification of plan—negative

declaration.

Submittal from the Arkansas 

Department of Energy and Environment, 

Division of Environmental Quality 

(ADEQ) dated June 20, 2022, and 

supplemented on August 24, 2022, and 

August 31, 2022, certifying that there 

are no known existing sulfuric acid 

plants subject to the Sulfuric Acid 

Plants Emission Guidelines and 40 CFR 

part 60, subpart Cd, within its 

jurisdiction. 

■ 4. Revise § 62.865 to read as follows: 

§ 62.865 Identification of plan.

(a) Identification of plan. Control of

air emissions from existing kraft pulp 

mills, as adopted by the State of 

Arkansas on January 28, 2022, and 

submitted on June 20, 2022, by the 

Governor in a letter dated May 12, 2022. 

The plan includes the regulatory 

provisions cited in paragraph (d) of this 

section, which EPA incorporates by 

reference. 

(b) Identification of sources. The plan,

as adopted by the State of Arkansas on 

January 28, 2022, and submitted on June 

20, 2022, applies to existing kraft pulp 

mills subject to the Kraft Pulp Mills 

Emission Guidelines (i.e., kraft pulp 

mills, as defined in 40 CFR 60.281(a), 

that commenced construction, 

reconstruction, or modification on or 

before September 24, 1976) within its 

jurisdiction in the State of Arkansas. 

(c) Effective date. The effective date of

the plan is April 1, 2024. 

(d) Incorporation by reference. The

material listed in this paragraph (d) is 

incorporated by reference into this 

section with the approval of the Director 

of the Federal Register under 5 U.S.C. 

552(a) and 1 CFR part 51. All approved 

incorporation by reference (IBR) 

material is available for inspection at 

the EPA and at the National Archives 

and Records Administration (NARA). 

Contact the EPA Region 6 office at 1201 

Elm Street, Suite 500, Dallas, Texas 

75270; phone 214–665–2200. For 

information on the availability of this 

material at NARA, visit 

www.archives.gov/federal-register/cfr/ 

ibr-locations or email fr.inspection@

nara.gov. The material may be obtained 

from the State of Arkansas, Office of the 

Secretary of State, Arkansas Register, 

State Capitol, Room 026, Little Rock, AR 

72201, arkansasregister@

sos.arkansas.gov, https://

www.sos.arkansas.gov/rulesregulations/arkansas-register/. 

(1) Arkansas Pollution Control and

Ecology Commission (APC&EC) Rule 

No. 19, Rules of the Arkansas Plan of 

Implementation for Air Pollution 

Control, Chapter 8, 111(d) Designated 

Facilities, approved January 28, 2022. 

(2) [Reserved]

[FR Doc. 2024–04102 Filed 2–29–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2022–0595; FRL–11726–01– 

OCSPP] 

1,4-Bis[[3-[2-(2- 

hydroxyethoxy)ethoxy]propyl]amino]- 

9,10-anthracenedione in Pesticide 

Formulations; Tolerance Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of 1,4-bis[[3-[2-(2- 

hydroxyethoxy)ethoxy]propyl]amino]- 

9,10-anthracenedione, when used as an 

inert ingredient (colorant/dye) on 

growing crops and raw agricultural 

commodities pre- and post-harvest in/ 

on animals, limited to a maximum 

concentration of 0.5% in a pesticide 

formulation, and in antimicrobial 

formulations applied to food-contact 

surfaces in public eating places, dairyprocessing equipment, and foodprocessing equipment and utensils not 

to exceed 300 ppm in the end-use 

concentration. Spring Regulatory 

Sciences on behalf of Colorants 

Solutions (new name Heubach 

Colorants USA LLC) submitted a 

petition to EPA under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), 

requesting establishment of an 


ddrumheller on DSK120RN23PROD with RULES1