Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Rules and Regulations 76735 

For this reason, the Secretary is 

waiving the requirements in 34 CFR 

75.261(a) and (c)(2), which allow the 

extension of a project period only if the 

extension does not involve the 

obligation of additional Federal funds. 

The waiver allows the Department to 

issue a one-time FY 2024 continuation 

award to the current PPSID–NTAD 

program grantee estimated as follows: 

Institution State Award 

University of Massachusetts at Boston ................................................................................................................... MA $1,543,686 

Any activities carried out during the 

year of this continuation award must be 

consistent with the scope, goals, and 

objectives of the grantee’s application as 

approved in the FY 2021 competition. 

Additionally, 5 U.S.C. 553(d)(1) 

contains an exception to the 

requirement in 5 U.S.C. 553(d) that 

requires publication or service of a 

substantive rule shall be made not less 

than 30 days before its effective date for 

a substantive rule which grants or 

recognizes an exemption or relieves a 

restriction. Accordingly, the Department 

has elected to make this final Waiver 

and Extension effective on September 

19, 2024. 

Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 

part 79. One of the objectives of the 

Executive order is to foster an 

intergovernmental partnership and a 

strengthened federalism. The Executive 

order relies on processes developed by 

State and local governments for 

coordination and review of Federal 

financial assistance. 

This document provides early 

notification of our specific plans and 

actions for this program. 

Regulatory Flexibility Act Certification 

The Secretary certifies that the final 

waiver and extension of the project 

period would not have a significant 

economic impact on a substantial 

number of small entities. The only small 

entities that will be affected by the final 

waiver and extension of the project 

period is the current grantee and any 

other potential applicants. 

The Secretary certifies that the final 

waiver and extension will not have a 

significant economic impact on these 

entities because the extension of an 

existing project period would impose 

minimal compliance costs to extend the 

existing project, and the activities 

required to support the additional year 

of funding would not impose additional 

regulatory burdens or require 

unnecessary Federal supervision. 

Paperwork Reduction Act of 1995 

This final waiver and extension does 

not contain any information collection 

requirements. 

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, 

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 

Department documents 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 Department 

documents 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. 

Nasser Paydar, 

Assistant Secretary for Postsecondary 

Education. 

[FR Doc. 2024–21277 Filed 9–18–24; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2023–0405; FRL–11263– 

02–R9] 

Air Plan Approval; Nevada; Washoe 

County Health District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the Washoe 

County portion of the Nevada State 

Implementation Plan (SIP). This 

revision concerns emissions of 

particulate matter (PM) from 

woodburning devices. We are approving 

a local rule that regulates these emission 

sources under the Clean Air Act (CAA 

or the Act). 

DATES: This rule is effective October 21, 

2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2023–0405. 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 (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 availability information. If 

you need assistance in a language other 

than English or if you are a person with 

a disability 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: 

Christine Vineyard, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105; phone: (415) 947–4125; email: 

vineyard.christine@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On June 14, 2024 (89 FR 50543), the 

EPA proposed to approve the following 

rule into the Nevada SIP. 


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76736 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

Local agency Rule No. Rule title Revised Submitted 

Washoe County District Board of Health (DBOH) ............... 040.051 Wood-Burning Devices ......................... 02/24/22 10/04/22 

We proposed to approve this rule 

because we determined that it complies 

with the relevant CAA requirements. 

Our proposed action contains more 

information on the rule and our 

evaluation. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received three 

comments. Two of the comments were 

anonymous and supported the proposed 

action. The third comment discussed 

the environmental effects of growing 

cannabis. The EPA has determined that 

this comment fails to raise issues 

germane to the proposed revisions to 

DBOH Rule 040.051, which regulates 

emissions of PM from wood-burning 

devices. Therefore, we have determined 

that none of the submitted comments 

necessitate a specific response. 

III. EPA Action 

No comments were submitted that 

change our assessment of the rule as 

described in our proposed action. 

Therefore, as authorized in section 

110(k)(3) of the Act, the EPA is 

approving this rule into the Nevada SIP. 

The February 24, 2022 version of Rule 

040.051 will replace the previously 

approved version of this rule in the SIP. 

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 DBOH 

Rule 040.051, Wood-Burning Devices 

revised on February 24, 2022, which 

regulates PM emissions from 

woodburning devices. Therefore, these 

materials have been approved by the 

EPA for inclusion in the SIP, have been 

incorporated by reference by the 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.1

The EPA has made, and will continue 

to make, these documents available 

through www.regulations.gov and at the 

EPA Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the CAA, 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 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 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 CAA. 

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, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. 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. The EPA did not perform an 

EJ analysis and did not consider EJ in 

this action. 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 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 November 18, 

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 


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Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Rules and Regulations 76737 

1See 84 FR 23725, 85 FR 43461, and 86 FR 

11875. 

2The revisions were submitted by the North 

Carolina Division of Air Quality in submissions 

dated March 24, 2006, and July 10, 2019. 

3CAA sections 110(a)(1) and (2) also require each 

SIP submitted by a State to undergo reasonable 

public notice and hearing. 

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, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: September 12, 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 DD—Nevada 

■ 2. In § 52.1470, in paragraph (c), table 

7 is amended by revising the entry for 

‘‘040.051’’ to read as follows: 

§ 52.1470 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 7—EPA-APPROVED WASHOE COUNTY REGULATIONS

District citation Title/subject 

District 

effective 

date 

EPA approval date Additional 

explanation 

*******

040.051 .............................. Wood-Burning Devices ..... 7/1/2022 [INSERT FIRST PAGE OF FEDERAL 

REGISTER CITATION], 9/19/2024.

Submitted on 10/4/2022. 

* * * * * * * 

* * * * * 

[FR Doc. 2024–21218 Filed 9–18–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0454; EPA–R04– 

OAR–2019–0638; EPA–R04–OAR–2020– 

0186; FRL–11971–02–R4] 

Air Plan Approval; North Carolina; 

Permitting Provisions Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is correcting the 

erroneous incorporation of crossreferences into the North Carolina State 

Implementation Plan (SIP) using the 

Clean Air Act (CAA or Act) error 

correction provision. EPA has 

determined that portions of its May 23, 

2019, July 17, 2020, and March 1, 2021, 

final SIP rulemaking actions were in 

error and that it is appropriate to correct 

those actions by removing specific 

cross-references in the permitting rules 

from the SIP. 

DATES: This rule is effective October 21, 

2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2017–0454. Additional supporting 

materials associated with this final 

action are included in Docket Nos. 

EPA–R04–OAR–2019–0638 and EPA– 

R04–OAR–2020–0186. All documents in 

the docket are listed on the 

regulations.gov website. Although listed 

in the index, some information may not 

be publicly available, i.e., Confidential 

Business Information or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air and Radiation Division, 

U.S. Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that 

if at all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday 8:30 a.m. to 4:30 p.m., 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Steve Scofield, Multi-Air Pollutant 

Coordination Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, Region 4, U.S. 

Environmental Protection Agency, 61 

Forsyth Street SW, Atlanta, Georgia 

30303–8960. The telephone number is 

(404) 562–9034. Mr. Scofield can also be 

reached via electronic mail at 

scofield.steve@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 23, 2019, July 17, 2020, and 

March 1, 2021,1 EPA approved revisions 

to 15A North Carolina Administrative 

Code (NCAC) 02Q .0101, 02Q .0103, and 

02Q .0301 into the North Carolina SIP.2

These revisions included crossreferences to North Carolina General 

Statutes (G.S.) 143–215.108 and 143– 

215.108A; however, these crossreferenced provisions were not 

incorporated into the SIP. EPA has 

determined these prior approvals of the 

cross-referenced provisions were in 

error and is finalizing removal of these 

cross-references from 15A NCAC 

02Q.0101, 02Q.0103 and 02Q.0301 of 

the SIP. Because the cross-referenced 

provisions are not incorporated into the 

SIP, changes to those provisions could 

change the SIP without the submission 

of a SIP revision and subsequent EPA 

action to approve such a change, which 

is inconsistent with the CAA. 

Specifically, CAA section 110(l) 

requires each SIP revision submitted by 

a State to undergo reasonable public 

notice and hearing and prevents EPA 

from approving a SIP revision that 

would interfere with any applicable 

requirement concerning attainment and 

reasonable further progress, or any other 

applicable requirement of the CAA.3


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