73588 Federal Register / Vol. 89, No. 176 / Wednesday, September 11, 2024 / Rules and Regulations 

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. Section 52.220 is amended by 

adding reserved paragraph (c)(615) and 

adding paragraph (c)(616) to read as 

follows: 

§ 52.220 Identification of plan—in part. 

* * * * * 

(c) * * * 

(615) [Reserved] 

(616) The following regulation was 

submitted on August 13, 2021, by the 

Governor’s designee. 

(i) Incorporation by reference. (A) 

South Coast Air Quality Management 

District. 

(1) Rule 2305, ‘‘Warehouse Indirect 

Source Rule—Warehouse Actions and 

Investments to Reduce Emissions 

(WAIRE) Program,’’ adopted on May 7, 

2021. 

(2) [Reserved] 

(B) [Reserved] 

(ii) [Reserved] 

* * * * * 

[FR Doc. 2024–20349 Filed 9–10–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 84 

[EPA–HQ–OAR–2024–0065; FRL–11597–01– 

OAR] 

RIN 2060–AW15 

Phasedown of Hydrofluorocarbons: 

Vacated Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The U.S. Environmental 

Protection Agency is taking final action 

to remove regulations from the Code of 

Federal Regulations that have been 

vacated by the United States Court of 

Appeals for the District of Columbia 

Circuit related to the prohibition of 

disposable cylinders and tracking of 

cylinders of hydrofluorocarbons. 

DATES: This final rule is effective on 

September 11, 2024. 

ADDRESSES: The U.S. Environmental 

Protection Agency (EPA) has established 

a docket for this action under Docket ID 

No. EPA–HQ–OAR–2024–0065. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information may not be 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 http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Connor Henderson, Stratospheric 

Protection Division and Office of Air 

and Radiation (6205A), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave NW, Washington, DC 20460; 

telephone number: 202–564–2177; 

email address: Henderson.Connor@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

This action may be relevant for you if 

you produce, import, export, destroy, 

use as a feedstock or process agent, 

reclaim, or recycle HFCs. Potentially 

relevant categories, North American 

Industry Classification System (NAICS) 

codes, and examples of potentially 

relevant entities are included in table 1. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities that may 

be interested in this action. If you have 

questions regarding the relevance of this 

action to a particular entity, consult the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

TABLE 1—NAICS CLASSIFICATION OF POTENTIALLY RELEVANT ENTITIES

NAICS Code NAICS industry description 

325120 ............................................ Industrial Gas Manufacturing. 

325199 ............................................ All Other Basic Organic Chemical Manufacturing. 

325211 ............................................ Plastics Material and Resin Manufacturing. 

325412 ............................................ Pharmaceutical Preparation Manufacturing. 

325414 ............................................ Biological Product (except Diagnostic) Manufacturing. 

325998 ............................................ All Other Miscellaneous Chemical Product and Preparation Manufacturing. 

326220 ............................................ Rubber and Plastics Hoses and Belting Manufacturing. 

326150 ............................................ Urethane and Other Foam Product. 

326299 ............................................ All Other Rubber Product Manufacturing. 

333415 ............................................ Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment 

Manufacturing. 

333511 ............................................ Industrial Mold Manufacturing. 

334413 ............................................ Semiconductor and Related Device Manufacturing. 

334419 ............................................ Other Electronic Component Manufacturing. 

334510 ............................................ Electromedical and Electrotherapeutic Apparatus Manufacturing. 

336212 ............................................ Truck Trailer Manufacturing. 

336214 ............................................ Travel Trailer and Camper Manufacturing. 

336411 ............................................ Aircraft Manufacturing. 

336611 ............................................ Ship Building and Repairing. 

336612 ............................................ Boat Building. 

339112 ............................................ Surgical and Medical Instrument Manufacturing. 

423720 ............................................ Plumbing and Heating Equipment and Supplies (Hydronics) Merchant Wholesalers.

423730 ............................................ Warm Air Heating and Air-Conditioning Equipment and Supplies Merchant Wholesalers. 

423740 ............................................ Refrigeration Equipment and Supplies Merchant Wholesalers. 

423830 ............................................ Industrial Machinery and Equipment Merchant Wholesalers. 

423840 ............................................ Industrial Supplies Merchant Wholesalers. 

423860 ............................................ Transportation Equipment and Supplies (except Motor Vehicle) Merchant Wholesalers. 

424690 ............................................ Other Chemical and Allied Products Merchant Wholesalers. 

488510 ............................................ Freight Transportation Arrangement. 

541380 ............................................ Testing Laboratories. 


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1As the D.C. Circuit denied the other challenges 

to the Allocation Framework Rule raised in this 

consolidated litigation, its vacatur was only partial. 

2The AIM Act provides that the Clean Air Act’s 

section 307 ‘‘shall apply to’’ actions under the AIM 

Act ‘‘as though [Section 7675] were expressly 

included in title VI’’ of the Clean Air Act. 42 U.S.C. 

7675(k)(1)(C). Clean Air Act Section 307(d) applies 

to ‘‘promulgation or revision of regulations under 

subchapter VI of [the CAA].’’ 307(d)(1)(I); 

7607(d)(1)(I). See also CAA section 307(d)(3); 42 

U.S.C. 7607(d)(3) (requiring publication of a 

Continued 

TABLE 1—NAICS CLASSIFICATION OF POTENTIALLY RELEVANT ENTITIES—Continued 

NAICS Code NAICS industry description 

541714 ............................................ Research and Technology in Biotechnology (except Nanobiotechnology). 

562111 ............................................ Solid Waste Collection. 

562211 ............................................ Hazardous Waste Treatment and Disposal. 

562920 ............................................ Materials Recovery Facilities. 

922160 ............................................ Fire Protection. 

II. Basis for Immediate Effective Date 

EPA has determined that it is 

consistent with the Administrative 

Procedure Act (APA), 5 U.S.C. 553(d), to 

make this action effective September 11, 

2024, Section 553(d)(3) provides that 

final rules shall not become effective 

until 30 days after publication in the 

Federal Register ‘‘except . . . as 

otherwise provided by the agency for 

good cause found and published with 

the rule.’’ ‘‘In determining whether good 

cause exists, an agency should balance 

the necessity for immediate 

implementation against principles of 

fundamental fairness which require that 

all affected persons be afforded a 

reasonable amount of time to prepare for 

the effective date of its ruling.’’ 

Omnipoint Corp. v. Fed. Commc’n 

Comm’n, 79 F.3d 620, 630 (D.C. Cir. 

1996) (quoting United States v. 

Gavrilovic, 551 F.2d 1099, 1105 (8th Cir. 

1977)). The purpose of this provision is 

to ‘‘give affected parties a reasonable 

time to adjust their behavior before the 

final rule takes effect.’’ Id.; see also 

Gavrilovic, 551 F.2d at 1104 (quoting 

legislative history). 

The EPA has determined that in light 

of the nature of this action, good cause 

exists to make this final action effective 

immediately because the Agency seeks 

to provide regulatory certainty and 

clarity as soon as possible. The removal 

of vacated regulations from the Code of 

Federal Regulations does not change the 

status quo or impose new obligations on 

any person or entity. As a result, there 

is no need to provide parties additional 

time to adjust their behavior, and no 

person will be harmed by making the 

action immediately effective as opposed 

to delaying the effective date by 30 days. 

Accordingly, EPA is making this action 

effective immediately upon publication. 

III. Removal of Vacated Provisions on 

Disposable Cylinder Ban and Cylinder 

Tracking 

On September 23, 2021, EPA signed a 

final rule that was the first regulation 

under the American Innovation and 

Manufacturing (AIM) Act. This rule 

established the initial production and 

consumption baseline levels against 

which the phasedown of production 

and consumption of hydrofluorocarbons 

(HFCs) would be measured, established 

an initial methodology for allocating 

and trading HFC allowances for 2022 

and 2023, and created a robust, agile, 

and innovative compliance and 

enforcement system. Phasedown of 

Hydrofluorocarbons: Establishing the 

Allowance Allocation and Trading 

Program Under the American 

Innovation and Manufacturing Act, 86 

FR 55116 (October 5, 2021) (hereinafter 

referred to as the Allocation Framework 

Rule). EPA explained in that rule that it 

was establishing a comprehensive 

system of mechanisms that together and 

by themselves would discourage and 

prevent illegal production, import, and 

subsequent sales of illegally produced 

or imported HFCs. EPA intended for, 

and designed, these provisions to each 

stand independently from the others 

and to provide significant stand-alone 

benefits to deter and identify potential 

violations, while also recognizing that 

these separate provisions work together 

as a comprehensive system to deter 

noncompliance, incentivize future 

compliance, and ensure that companies 

that are complying with statutory and 

regulatory obligations are not put at a 

competitive disadvantage. Id. at 55166. 

As part of the suite of compliance and 

enforcement tools, EPA finalized a 

prohibition that as of July 1, 2025, no 

person may import or domestically fill 

HFCs in a disposable cylinder, and as of 

January 1, 2027, no person may sell or 

distribute, or offer for sale or 

distribution HFCs contained in a 

disposable cylinder at 40 CFR 84.5(h). 

See id. at 55172–78. As an additional, 

separate compliance enforcement tool, 

EPA finalized a requirement that as of 

January 1, 2025, all containers of 

regulated substances imported, sold, or 

distributed by producers and importers 

have a quick response (QR) code. As of 

January 1, 2026, the rule would require 

QR codes on all containers filled, sold 

or distributed, or offered for sale or 

distribution, by all other repackagers 

and cylinder fillers in the United States, 

including reclaimers and fire 

suppressant recyclers. Finally, as of 

January 1, 2027, the rule would require 

a QR code on every container of 

regulated substances sold or distributed, 

offered for sale or distribution, 

purchased or received. 40 CFR 84.23. 

See id. at 55183–86. 

However, on June 20, 2023, the U.S. 

Court of Appeals for the District of 

Columbia Circuit issued an opinion 

concluding, in relevant part, that EPA in 

relying on subsection (e)(2)(B) of the 

AIM Act had not identified a provision 

of the AIM Act giving it authority to ban 

disposable cylinders or to require a QRcode tracking system. As a result of this 

conclusion, the D.C. Circuit vacated the 

parts of the Allocation Framework Rule 

related to the QR code requirements and 

disposable cylinder ban and remanded 

to the Agency. Heating, Air 

Conditioning & Refrigeration 

Distributors Int’l v. EPA, 71 F.4th 59, 68 

(D.C. Cir. 2023).1 On August 23, 2023, 

the D.C. Circuit issued its formal 

mandate. 

Consistent with the D.C. Circuit’s 

decision, this action removes from 40 

CFR part 84, subpart A certain 

regulatory provisions that prohibit use 

of disposable cylinders and that 

implement the cylinder tracking system 

(including provisions that create 

auditing obligations related to the 

cylinder tracking system). EPA views 

this removal of regulatory language that 

has been vacated by the D.C. Circuit as 

purely ministerial in nature. 

IV. Good Cause Findings 

EPA is removing the identified 

vacated regulations from the Code of 

Federal Regulations without providing 

an opportunity for public comment or a 

public hearing because EPA finds that 

the Administrative Procedure Act (APA) 

good cause exemption applies here. If 5 

U.S.C. 553(b)(B) did not apply, this rule 

would be subject to the rulemaking 

procedures in Clean Air Act (CAA) 

section 307(d).2 However, CAA section 


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73590 Federal Register / Vol. 89, No. 176 / Wednesday, September 11, 2024 / Rules and Regulations 

proposed rule with an opportunity for public 

comment). 

3See CAA section 307(d)(1); 42 U.S.C. 7607(d)(1). 

4Section 553(b) generally requires notice-andcomment rulemaking procedures unless, as here, an 

exception applies under section 553(b)(A) or (B). 5 

U.S.C. 553(b). 

5 In the report on the 1977 Amendments that 

revised section 307(b)(1) of the CAA, Congress 

noted that the Administrator’s determination that 

the ‘‘nationwide scope or effect’’ exception applies 

would be appropriate for any action that has a 

scope or effect beyond a single judicial circuit. See 

H.R. Rep. No. 95–294 at 323, 324, reprinted in 1977 

U.S.C.C.A.N. 1402–03. 

307(d) does not apply ‘‘in the case of 

any rule or circumstance referred to in 

[5 U.S.C. 553(b)(B)]’’ 3 — i.e., the good 

cause exception noted above.4 Section 

553(b)(B) allows an agency to 

promulgate a rule without providing 

prior notice and opportunity for public 

comment ‘‘when the agency for good 

cause finds (and incorporates the 

finding and a brief statement of reasons 

therefor in the rule issued) that notice 

and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest.’’ 

The EPA has determined that it is 

unnecessary to provide a public hearing 

or an opportunity for public comment 

on this action because amending the 

regulations to remove the vacated 

disposable cylinder ban and cylinder 

tracking provisions is a needed 

ministerial act. To address the D.C. 

Circuit’s vacatur of these provisions, as 

described in section I of this document, 

the EPA is removing the affected 

provisions from the Code of Federal 

Regulations. Therefore, this action to 

remove the affected regulatory text 

simply implements the decision of the 

D.C. Circuit, and thus, providing an 

opportunity for public comment or a 

public hearing on this issue would serve 

no useful purpose. 

For these reasons, the EPA finds good 

cause to issue a final rulemaking to 

remove the disposable cylinder ban and 

cylinder tracking provisions pursuant to 

5 U.S.C. 553(b)(B). Therefore, the 

requirements of CAA section 307(d), 

including the requirement for public 

comment and hearing on proposed 

rulemakings, do not apply to this action. 

V. Judicial Review 

The AIM Act provides that certain 

sections of the CAA ‘‘shall apply to’’ the 

AIM Act and actions ‘‘promulgated by 

the Administrator of [EPA] pursuant to 

[the AIM Act] as though [the AIM Act] 

were expressly included in title VI of 

[the CAA].’’ 42 U.S.C. 7675(k)(1)(C). 

Among the applicable sections of the 

CAA is section 307, which includes 

provisions on judicial review. Section 

307(b)(1) provides, in part, that petitions 

for review must only be filed in the 

United States Court of Appeals for the 

District of Columbia Circuit: (i) when 

the agency action consists of ‘‘nationally 

applicable regulations promulgated, or 

final actions taken, by the 

Administrator,’’ or (ii) when such action 

is locally or regionally applicable, but 

‘‘such action is based on a 

determination of nationwide scope or 

effect and if in taking such action the 

Administrator finds and publishes that 

such action is based on such a 

determination.’’ For locally or regionally 

applicable final actions, the CAA 

reserves to the EPA complete discretion 

whether to invoke the exception in (ii). 

The final action herein noticed is 

‘‘nationally applicable’’ within the 

meaning of CAA section 307(b)(1), as it 

removes vacated provisions from the 

Code of Federal Regulations that apply 

and were designed to be implemented 

uniformly on a national basis. In the 

alternative, to the extent a court finds 

the final action to be locally or 

regionally applicable, the Administrator 

is exercising the complete discretion 

afforded to him under the CAA to make 

and publish a finding that the action is 

based on a determination of 

‘‘nationwide scope or effect’’ within the 

meaning of CAA section 307(b)(1).5 In 

deciding to invoke this exception, the 

Administrator has taken into account a 

number of policy considerations, 

including his judgment regarding the 

benefit of obtaining the D.C. Circuit’s 

authoritative centralized review, rather 

than allowing development of the issue 

in other contexts, in order to ensure 

consistency in the Agency’s approach to 

allocation of production and 

consumption allowances in accordance 

with EPA’s national regulations in 40 

CFR part 84. This final action treats all 

affected entities consistently in how the 

40 CFR part 84 regulations are applied. 

The Administrator finds that this is a 

matter on which national uniformity is 

desirable to take advantage of the D.C. 

Circuit’s administrative law expertise 

and facilitate the orderly development 

of the basic law under the AIM Act and 

EPA’s implementing regulations. The 

Administrator also finds that 

consolidated review of the action in the 

D.C. Circuit will avoid piecemeal 

litigation in the regional circuits, further 

judicial economy, and eliminate the risk 

of inconsistent results for different 

regulated entities. The Administrator 

also finds that a nationally consistent 

approach in this rulemaking constitutes 

the best use of agency resources. The 

Administrator is publishing his finding 

that the action is based on a 

determination of nationwide scope or 

effect in the Federal Register as part of 

this document. For these reasons, this 

final action is nationally applicable or, 

alternatively, the Administrator is 

exercising the complete discretion 

afforded to him by the CAA and finds 

that the final action is based on a 

determination of nationwide scope or 

effect for purposes of CAA section 

307(b)(1) and is hereby publishing that 

finding in the Federal Register. Under 

section 307(b)(1) of the CAA, petitions 

for judicial review of this action must be 

filed in the United States Court of 

Appeals for the District of Columbia 

Circuit by November 12, 2024. 

VI. Statutory and Executive Order 

Review 

Additional information about these 

statutes and Executive Orders can be 

found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is a ‘‘significant regulatory 

action’’ as defined in Executive Order 

12866, as amended by Executive Order 

14094. Accordingly, EPA submitted this 

action to the Office of Management and 

Budget (OMB) for Executive Order 

12866 review. Documentation of any 

changes made in response to the 

Executive Order 12866 review is 

available in the docket. The removal of 

vacated requirements from the Code of 

Federal Regulations through this action 

does not impose new or change existing 

legal obligations on any person or 

entity. EPA describes the vacated 

provisions, including their expected 

costs and benefits, in the HFC 

Allocation Framework Rule (86 FR 

55116, FRL–8458–02–OAR, published 

in the Federal Register on October 5, 

2021) and the related regulatory impact 

analysis (RIA). 

The court’s decision to vacate these 

provisions in 2023 changed the 

estimated costs and benefits associated 

with the HFC Allocation Framework 

Rule. As shown in table 3–28 of the RIA, 

EPA estimated the average annual costs 

for the refillable cylinder provisions 

between 2022 and 2050 to be $21.8 

million per year at a 3% discount rate 

and $35.3 million per year at a 7% 

discount rate ($2020). While the upfront 

costs of establishing a fleet of refillable 

cylinders was higher than the average 

annual cost, after 2026 when the full 

fleet of disposable cylinders was in 

place, the Agency estimated that the 

requirement would result in annual cost 

savings. It was estimated that the 

replacement of disposable cylinders 


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Federal Register / Vol. 89, No. 176 / Wednesday, September 11, 2024 / Rules and Regulations 73591 

6The regulatory impact analysis for the HFC 

Allocation Framework Rule can be found on EPA’s 

website at https://www.epa.gov/climate-hfcsreduction/regulatory-actions-allowance-allocationand-reporting. The ICR supporting statement 

associated with the rule can be found at https://

www.reginfo.gov/public/do/PRAOMBHistory?omb

ControlNumber=2060-0734. 

with refillable cylinders in the United 

States could also prevent 29 million 

MTEVe in emissions between 2022 to 

2050 (see table 3–21 of the RIA). The 

EPA noted emission reductions as cobenefits in the RIA, therefore emission 

reductions were not included in topline 

benefits estimate for the HFC Allocation 

Framework Rule. The costs for the 

container tracking system finalized in 

the HFC Allocation Framework Rule 

were estimated to cost $7.8 million 

annually once fully phased in and were 

part of the total reporting and 

recordkeeping burden included in table 

3–13 of the RIA. Both provisions were 

expected to support compliance with 

the overall phasedown targets, ensuring 

U.S. consumption and production were 

below the levels authorized in the AIM 

Act and related implementing 

regulations. More discussion on the 

costs and benefits are included in 

chapters 3 and 5 of the regulatory 

impact analysis for the HFC Allocation 

Framework Rule, with more detail on 

the estimated container tracking costs 

included in the information collection 

request (ICR) supporting statement for 

the proposed rule ‘‘Phasedown of 

Hydrofluorocarbons: Allowance 

Allocation Methodology for 2024 and 

Later Years,’’ (87 FR 66372, November 

3, 2022).6

B. Paperwork Reduction Act (PRA) 

This action does not impose any new 

information collection burden under the 

PRA. The Office of Management and 

Budget (OMB) has previously approved 

the information collection activities 

contained in the existing regulations 

and has assigned OMB control number 

2060–0734. There are no additional 

reporting or recordkeeping requirements 

associated with this rule, which takes 

the ministerial act of removing certain 

vacated provisions from the Code of 

Federal Regulations. Given the 

requirements were vacated in the 

summer of 2023, EPA removed the 

burden associated with the refillable 

cylinder and container tracking 

provisions in the comprehensive ICR 

supporting statement and burden 

estimates for the HFC Allocation 

Program that were transmitted to OMB 

for review as part of the final rule ICR 

package associated with ‘‘Phasedown of 

Hydrofluorocarbons: Allowance 

Allocation Methodology for 2024 and 

Later Years,’’ (88 FR 44220). This 

information was transmitted to OMB in 

January 2024 (see OMB control number 

2060–0734). Further, we do not need to 

take additional comment on these 

changes, as commenters had the 

opportunity to comment on the burden 

of these provisions and the change in 

burden from the court’s vacatur in prior 

rulemaking. 

C. Regulatory Flexibility Act (RFA) 

This action is not subject to the RFA. 

The RFA applies only to rules subject to 

notice and comment rulemaking 

requirements under the Administrative 

Procedure Act (APA), 5 U.S.C. 553, or 

any other statute. This rule is not 

subject to notice and comment 

requirements because the Agency has 

invoked the APA ‘‘good cause’’ 

exemption under 5 U.S.C. 553(b). 

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. The action imposes no 

enforceable duty on any State, local, or 

Tribal governments. 

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. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have Tribal 

implications as specified in Executive 

Order 13175. To the extent this action 

has any substantive effect, EPA is not 

aware of Tribal businesses engaged in 

activities that would be directly affected 

by this action. Based on the Agency’s 

assessments, the Agency also does not 

believe that potential effects, even if 

direct, would be substantial. 

Accordingly, this action will not have 

substantial direct effects on tribes, on 

the relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children from Environmental Health 

Risks and Safety Risks 

Executive Order 13045 (62 FR 19885, 

April 23, 1997) directs Federal agencies 

to include an evaluation of the health 

and safety effects of the planned 

regulation on children in Federal health 

and safety standards and explain why 

the regulation is preferable to 

potentially effective and reasonably 

feasible alternatives. This action is not 

subject to Executive Order 13045 

because it is not a significant regulatory 

action under section 3(f)(1) of Executive 

Order 12866, and because the EPA does 

not believe the environmental health or 

safety risks addressed by this action 

present a disproportionate risk to 

children. As noted, this action only 

removes already vacated provisions 

from the Code of Federal Regulations so 

is not anticipated to have any impact on 

children. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ because it is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

This action only removes from the Code 

of Federal Regulations already vacated 

provisions that applied to certain 

regulated substances and certain 

applications containing regulated 

substances, none of which are used to 

supply or distribute energy. 

I. National Technology Transfer and 

Advancement Act and Incorporation by 

Reference 

This rulemaking does not involve 

technical standards. 

J. Executive Orders 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations and Executive 

Order 14096: Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All 

EPA considers that the human health 

or environmental conditions that exist 

prior to this action have the potential to 

result in disproportionate and adverse 

human health or environmental effects 

on communities with environmental 

justice concerns. EPA did extensive 

environmental justice analysis as part of 

the Allocation Framework Rule and the 

most recent Allocation Rule covering 

2024–2028 (88 FR 46836, July 20, 2023), 

which is documented in the preamble to 

those rulemakings and in the associated 

regulatory impact analysis (RIA) and 

RIA addendum. 


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73592 Federal Register / Vol. 89, No. 176 / Wednesday, September 11, 2024 / Rules and Regulations 

The EPA believes that this action is 

not likely to change existing 

disproportionate and adverse effects on 

communities with environmental justice 

concerns. This action only removes 

from the Code of Federal Regulations 

already vacated provisions and is not 

likely to result in new disproportionate 

and adverse effects on communities 

with environmental justice concerns. 

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). 

List of Subjects in 40 CFR Part 84 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Chemicals, 

Climate Change, Emissions, Imports, 

Reporting and recordkeeping 

requirements. 

Michael S. Regan, 

Administrator. 

For the reasons set out in the 

preamble, EPA is amending 40 CFR part 

84 as follows: 

PART 84—PHASEDOWN OF 

HYDROFLUOROCARBONS 

■ 1. The authority citation for part 84 

continues to read as follows: 

Authority: Pub. L. 116–260, Division S, 

Sec. 103. 

§ 84.5 [Amended] 

■ 2. Amend § 84.5 by removing and 

reserving paragraph (h). 

§ 84.23 [Removed and Reserved] 

■ 3. Remove and reserve § 84.23. 

§ 84.33 [Amended] 

■ 4. Amend § 84.33 by: 

■ a. Removing paragraph (b)(11); 

■ b. Redesignating paragraph (b)(12) as 

paragraph (b)(11); 

■ c. Removing paragraph (d)(4); and 

■ d. Redesignating paragraph (d)(5) as 

paragraph (d)(4). 

[FR Doc. 2024–20191 Filed 9–10–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R04–RCRA–2024–0116; FRL–11972– 

03–R4] 

North Carolina: Final Authorization of 

State Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency. 

ACTION: Withdrawal of direct final 

action. 

SUMMARY: The Environmental Protection 

Agency is withdrawing the direct final 

action, North Carolina: Final 

Authorization of State Hazardous Waste 

Management Program Revisions, 

published on July 15, 2024, which 

authorized revisions to North Carolina’s 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA), as amended. Because the 

EPA received comments opposing the 

action, the EPA is withdrawing the 

direct final action. The EPA will address 

these comments and make a final 

authorization decision, in a subsequent 

final action, based on the proposed rule, 

also published on July 15, 2024. 

DATES: As of September 11, 2024, the 

EPA withdraws the direct final action 

published on July 15, 2024, at 89 FR 

57364. 

FOR FURTHER INFORMATION CONTACT: 

Leah Davis; RCRA Programs and 

Cleanup Branch; Land, Chemicals and 

Redevelopment Division; U.S. 

Environmental Protection Agency; 

Atlanta Federal Center, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960; 

telephone number: (404) 562–8562; fax 

number: (404) 562–9964; email address: 

davis.leah@epa.gov. 

SUPPLEMENTARY INFORMATION: The EPA 

is withdrawing the direct final action, 

North Carolina: Final Authorization of 

State Hazardous Waste Management 

Program Revisions, published on July 

15, 2024, at 89 FR 57364, which 

intended to grant authorization for 

revisions to North Carolina’s hazardous 

waste program. The EPA stated in the 

direct final action that if the EPA 

received comments opposing the 

authorization during the comment 

period, the EPA would publish a timely 

notice of withdrawal in the Federal 

Register. Because the EPA did receive 

adverse comments, the EPA is 

withdrawing the direct final action. The 

EPA will address all comments and 

make a final authorization decision in a 

subsequent final action based on the 

proposed rule, also published on July 

15, 2024, at 89 FR 57381. The EPA will 

not provide for additional public 

comment on the final action. 

Dated: September 4, 2024. 

Cesar Zapata, 

Acting Deputy Regional Administrator, 

Region 4. 

[FR Doc. 2024–20338 Filed 9–10–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 88 

[Docket No. CDC–2024–0067; NIOSH–353] 

RIN 0920–AA86 

World Trade Center (WTC) Health 

Program; Expanded Eligibility for 

Pentagon and Shanksville, 

Pennsylvania Responders 

AGENCY: Centers for Disease Control and 

Prevention (CDC), Department of Health 

and Human Services (HHS). 

ACTION: Interim final rule. 

SUMMARY: This interim final rule 

updates existing regulations governing 

the WTC Health Program, which 

provides medical monitoring and 

treatment to eligible firefighters and 

related personnel, law enforcement 

officers, and rescue, recovery, and 

cleanup workers who responded to the 

September 11, 2001, terrorist attacks in 

New York City, at the Pentagon, and in 

Shanksville, Pennsylvania, and to 

eligible survivors of the New York City 

attacks. This rulemaking expands 

existing eligibility criteria for 

enrollment of new Pentagon and 

Shanksville responders, caps those new 

members at 500, and makes various 

conforming amendments to the WTC 

Health Program regulations to align with 

statutory changes. 

DATES: This interim final rule will be 

effective September 11, 2024. The WTC 

Health Program invites written 

comments from interested parties on 

this interim final rule and on the 

information collection approval request 

sought under the Paperwork Reduction 

Act. Comments must be received by 

October 11, 2024. 

ADDRESSES: Written comments: 

Comments, including those related to 

the Paperwork Reduction Act, may be 

submitted by any of the following 

methods: 

• Federal eRulemaking Portal: 

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

instructions for submitting comments to 

the docket. 

• Mail: NIOSH Docket Office, Robert 

A. Taft Laboratories, MS–C34, 1090 


lotter on DSK11XQN23PROD with RULES1