Federal Register / Vol. 89, No. 187 / Thursday, September 26, 2024 / Proposed Rules 78837 

DATES: The food additive petition was 

withdrawn on March 4, 2024. 

ADDRESSES: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov and insert the 

docket number found in brackets in the 

heading of this document into the 

‘‘Search’’ box and follow the prompts, 

and/or go to the Dockets Management 

Staff, 5630 Fishers Lane, Rm. 1061, 

Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Karen Hall, Center for Food Safety and 

Applied Nutrition, Food and Drug 

Administration, 5001 Campus Dr., 

College Park, MD 20740, 240–402–9195. 

SUPPLEMENTARY INFORMATION: In a notice 

published in the Federal Register of 

June 21, 2023 (88 FR 40122), we 

announced that we had filed a food 

additive petition (FAP 2A4832), 

submitted by Burdock Group 

Consultants on behalf of PHM Brands, 

730 17th Street, Denver, Colorado 

80202. The petition proposed to amend 

the food additive regulations in 

§ 173.300 (21 CFR 173.300 Chlorine 

dioxide) to provide for production of the 

additive via an electrolytic method from 

a brine solution containing chloride 

salts. PHM Brands has now withdrawn 

the petition without prejudice to a 

future filing (21 CFR 171.7). 

Dated: September 20, 2024. 

Lauren K. Roth, 

Associate Commissioner for Policy. 

[FR Doc. 2024–21934 Filed 9–25–24; 8:45 am] 

BILLING CODE 4164–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0385; FRL–12224– 

01–R5] 

Determination of Attainment by the 

Attainment Date; Michigan; St. Clair 

2010 Sulfur Dioxide Nonattainment 

Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to determine 

that the St. Clair, MI sulfur dioxide 

(SO2) nonattainment area attained the 

2010 1-hour primary SO2 national 

ambient air quality standard (NAAQS) 

by the date of September 12, 2021. This 

determination is based on annual SO2

emissions data, modeled data, and 

certified ambient air quality data from 

EPA’s December 7, 2021, Clean Data 

Determination for St. Clair, as well as 

publicly available additional supporting 

2020 data. This action, if finalized, will 

address EPA’s obligation under the 

Clean Air Act (CAA) to determine 

whether the St. Clair SO2 nonattainment 

area (referred to hereafter as the St. Clair 

area, or simply the area) attained the 

2010 SO2 NAAQS by the September 12, 

2021, attainment date. 

DATES: Written comments for this 

proposed rule must be received on or 

before October 28, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2020–0385 at https://

www.regulations.gov or via email to 

arra.Sarah@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from the 

docket. EPA may publish any comment 

received to its public docket. Do not 

submit to EPA’s docket at https://

www.regulations.gov any information 

you consider to be Confidential 

Business Information (CBI), Proprietary 

Business Information (PBI), or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI, PBI, or 

multimedia submissions, and general 

guidance on making effective 

comments, please visit https://

www.epa.gov/dockets/commenting-epadockets. 

FOR FURTHER INFORMATION CONTACT: 

Alexis Bender, Air and Radiation 

Division (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–9497, bender.alexis@

epa.gov. The EPA Region 5 office is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding 

Federal holidays and facility closures 

due to COVID–19. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. Background 

A. The 2010 1-Hour Primary SO2

NAAQS 

Under section 109 of the CAA, EPA 

has established primary and secondary 

NAAQS for certain pervasive air 

pollutants (referred to as ‘‘criteria 

pollutants’’) and conducts periodic 

reviews of the NAAQS to determine 

whether they should be revised or 

whether new NAAQS should be 

established. 

On June 22, 2010 (75 FR 35520), EPA 

published in the Federal Register a 

strengthened, primary 1-hour SO2

NAAQS, establishing a new standard at 

a level of 75 ppb, based on the 3-year 

average of the annual 99th percentile of 

daily maximum 1-hour average 

concentrations of SO2. This revised SO2

NAAQS provided increased protection 

of public health and provided for 

revocation of the 1971 primary annual 

and 24-hour SO2 standards for most 

areas of the country following area 

designations under the new NAAQS. 

B. Designations and Attainment Dates 

for the 2010 SO2 NAAQS 

Following promulgation of a new or 

revised NAAQS, EPA is required to 

designate all areas of the country as 

either ‘‘attainment,’’ ‘‘nonattainment,’’ 

or ‘‘unclassifiable,’’ pursuant to CAA 

section 107(d)(1). On July 12, 2016 (81 

FR 45039), EPA finalized its second 

round of initial designations under the 

2010 SO2 NAAQS. During the second 

round of designations, the St. Clair area 

of Michigan was designated as 

nonattainment for the 2010 SO2 NAAQS 

(40 CFR 81.323) based on modeling of 

actual emissions for the designated area. 

CAA section 191(a) directs states 

containing an area designated 

nonattainment for the 2010 SO2 NAAQS 

to develop and submit a nonattainment 

area State Implementation Plan (SIP) to 

EPA within 18 months of the effective 

date of an area’s designation as 

nonattainment. The Michigan 

Department of Environment, Great 

Lakes, and Energy (EGLE) was required 

to submit a SIP by March 12, 2018, to 

bring the St. Clair area into attainment 

by the attainment date of September 12, 

2021. 

EGLE submitted a request for a Clean 

Data Determination (CDD) on July 24, 

2020. When a nonattainment area is 

attaining the 2010 SO2 NAAQS based on 

the most recent available data, EPA may 

issue a CDD suspending planning 

requirements. EPA issued a CDD for the 

St. Clair area based on monitoring and 

modeling data for the 2017–2019 period 

via a final rule published on December 

7, 2021 (86 FR 69173). 


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78838 Federal Register / Vol. 89, No. 187 / Thursday, September 26, 2024 / Proposed Rules 

C. Requirement To Determine 

Attainment by the Attainment Date 

Section 179(c)(1) of the CAA requires 

EPA to determine whether a 

nonattainment area attained a standard 

by the applicable attainment date based 

on the area’s air quality as of the 

attainment date. EPA is to issue this 

determination within six months of the 

attainment date. Thus, EPA had a 

mandatory duty under CAA section 

179(c) to determine by March 12, 2022 

whether the area attained by September 

12, 2021. This action proposes to 

determine the St. Clair area did attain 

the 2010 SO2 NAAQS by the attainment 

date of September 12, 2021. 

A determination of whether an area’s 

air quality meets applicable standards is 

generally based upon the most recent 

three years of complete, quality-assured 

data gathered at established State and 

local air monitoring stations in a 

nonattainment area and entered into 

EPA’s Air Quality System (AQS) 

database. Data from ambient air 

monitors operated by State and local 

agencies in compliance with EPA 

monitoring requirements must be 

submitted to AQS. Monitoring agencies 

annually certify that these data are 

accurate to the best of their knowledge. 

All data are reviewed to determine the 

area’s air quality status in accordance 

with 40 CFR part 50, appendix T (for 

SO2). In general, for SO2, EPA does not 

rely exclusively on monitoring data to 

determine whether the NAAQS is met 

unless it has been demonstrated that the 

monitors were appropriately sited to 

record expected maximum ambient 

concentrations of SO2 in an area. As 

such, monitoring data can be 

supplemented with other relevant 

information, including dispersion 

modeling and emissions inventories, for 

determining attainment. 

II. Proposed Determination of 

Attainment by the Attainment Date 

A. Area Characterization 

The St. Clair area is located within the 

lower southeastern corner of Michigan 

northeast of Detroit and shares a border 

with Ontario, Canada along the St. Clair 

River. The area is defined by the St. 

Clair River for the eastern boundary, an 

extension from the St. Clair River 

straight west to the intersection of State 

Highway M–29 and St. Clair River 

Drive, continuing west on State 

Highway M–29 to Church Road to 

Arnold Road to County Line Road for 

the southern boundary, County Line 

Road and the Macomb/St. Clair County 

boundary to Stoddard Road to Wales 

Ridge Road for the western boundary, 

and Alpine Road to Fitz Road to Smith 

Creek Road to Range Road to Huron 

Avenue, extending straight east from the 

intersection of Huron Road and River 

Road to the St. Clair River for the 

northern boundary. 

The St. Clair area contains two SO2- 

emitting facilities that are both coalfired power plants. Additionally, the 

area contains two SO2 monitors which 

reside near the facilities. The two 

monitors have been operating since 

2016 and have had no recorded 

violations of the NAAQS. As these 

monitors were sited to operate under 

guidance per the ‘‘SO2 NAAQS 

Designations Source-Oriented 

Monitoring Technical Assistance 

Document’’ (SO2 Monitoring TAD), EPA 

believes that these monitors’ locations 

adequately represent the locations of 

potential maximum SO2 impacts from 

the two power plants. 

B. St. Clair Nonattainment Area’s 

Attainment of the 2010 SO2 NAAQS 

We propose to determine that the St. 

Clair nonattainment area attained the 

2010 SO2 NAAQS by the attainment 

date of September 12, 2021. EPA 

previously determined that the St. Clair 

SO2 nonattainment area was attaining 

the 2010 SO2 NAAQS in its December 

7, 2021 (86 FR 69173), CDD. EPA issued 

the CDD based on SO2 monitoring and 

modeling data from EGLE. For this 

determination of attainment by the 

attainment date, EPA is in part relying 

on the approved CDD of the St. Clair 

area as well as additional supporting 

information. The data cited by the CDD 

demonstrated attainment for the 2017– 

2019 time period, with averaged SO2

monitoring values of 54 ppb for the 

Belle River-Mills Monitor and 45 ppb 

for the St. Clair-Remer Monitor. The 

CDD modeled 2017–2019 emission 

sources for an overall maximum 99th 

percentile impact output of 64.4 ppb, 

which falls below the 2010 SO2 NAAQS 

of 75 ppb. 

As noted, determinations of whether 

areas attained the NAAQS by the 

attainment date are generally based on 

the area’s design value as of the 

attainment date, i.e., the three most 

recent calendar years of data, in this 

case 2018–2020. Therefore, in this 

proposal EPA is closely examining 

monitoring and emissions data from 

2020 to supplement the analysis already 

concluded in the CDD, which looked at 

air quality information from 2017–2019. 

In 2020, primary source SO2 emissions 

and monitored SO2 ambient air 

concentrations in the area continued to 

decline. The SO2 emissions from the 

Belle River and St. Clair power plants 

decreased by an additional total of 8,996 

tons per year from 2019 to 2020 (Table 

1). As seen in Table 2, the 2018–2020 

design values at the two air quality 

monitors in the area continued to show 

SO2 levels below the 75 ppb level of the 

NAAQS and a decline in SO2

concentration from 2017–2019. 

Therefore, the additional information 

EPA has examined for 2020, coupled 

with the existing CDD based on 2017– 

2019 monitoring and emissions data, 

leads the agency to conclude that the St. 

Clair nonattainment area attained by its 

attainment date. 

TABLE 1—ST. CLAIR, MI NONATTAINMENT AREA ANNUAL EMISSIONS

SO2 emissions 

Power plant Total tons/year 

Year 

2017 ......................................................................................... Belle River/St. Clair ................................................................. 36,918 

2018 ......................................................................................... Belle River/St. Clair ................................................................. 41,381 

2019 ......................................................................................... Belle River/St. Clair ................................................................. 30,751 

2020 ......................................................................................... Belle River/St. Clair ................................................................. 21,755 


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Federal Register / Vol. 89, No. 187 / Thursday, September 26, 2024 / Proposed Rules 78839 

TABLE 2—ST. CLAIR, MI NONATTAINMENT AREA 2010 SO2 NAAQS STANDARD 3-YEAR DESIGN VALUES

Power plant monitors 3-Year design values (ppb) 

Site ID 2017–2019 2018–2020 

26–147–0913 ................................................................ Belle River-Mills ............................................................ 45 40 

26–147–0914 ................................................................ St. Clair-Remer ............................................................. 54 45 

III. Proposed Action and Request for 

Public Comment 

Based on EPA’s review of all available 

evidence described in this notice, EPA 

is proposing to determine that the St. 

Clair nonattainment area attained the 

2010 SO2 NAAQS by the relevant 

attainment date of September 12, 2021. 

The determination of attainment by 

the attainment date does not constitute 

a redesignation of the St. Clair, MI 

nonattainment area to attainment of the 

2010 SO2 NAAQS under section 

107(d)(3) of the CAA. If this action is 

finalized, the St. Clair area will remain 

designated nonattainment for the 2010 

SO2 NAAQS until such time as EPA 

approves a redesignation request and 

accompanying 10-year maintenance 

plan, and EPA determines that the area 

meets the requirements of CAA section 

107(d)(3) and provides for maintenance 

as required by CAA section 175A. 

If finalized, this action will address 

EPA’s obligation under CAA section 

179(c) to determine if the St. Clair Area 

attained the 2010 SO2 NAAQS by the 

attainment date of September 12, 2021. 

EPA is soliciting public comments on 

this action. These comments will be 

considered before taking final action. 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review, and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive Order 

14094 (88 FR 21879, April 11, 2023). 

B. Paperwork Reduction Act (PRA) 

This rule does not impose an 

information collection burden under the 

provisions of the PRA of 1995 (44 U.S.C. 

3501 et seq.). This action does not 

contain any information collection 

activities and serves only to make a final 

determination that the St. Clair, 

Michigan nonattainment area attained 

the 2010 SO2 NAAQS by the September 

12, 2021, attainment date. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

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

The determination of attainment by 

attainment date action of attaining the 

2010 SO2 NAAQS will not impose any 

requirements on small entities or will 

not create any new requirements beyond 

what is mandated by the CAA. 

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 or the private sector. 

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. The division of 

responsibility between the Federal 

Government and the States for purposes 

of implementing the NAAQS is 

established under the CAA. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), requires EPA to 

develop an accountable process to 

ensure ‘‘meaningful and timely input by 

Tribal officials in the development of 

regulatory policies that have Tribal 

implications.’’ This action does not have 

Tribal implications as specified in 

Executive Order 13175. This action does 

not apply on any Indian reservation 

land, any other area where EPA or an 

Indian Tribe has demonstrated that a 

Tribe has jurisdiction, or nonreservation areas of Indian country. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying to those regulatory actions that 

concern environmental health or safety 

risks that EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not establish an 

environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or 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 (NTTAA) 

This rulemaking does not involve 

technical standards. Therefore, EPA is 

not considering the use of any voluntary 

consensus standards. 

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 communities with 

environmental justice (EJ) concerns to 

the greatest extent practicable and 

permitted by law. EPA defines 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 


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I 
78840 Federal Register / Vol. 89, No. 187 / Thursday, September 26, 2024 / Proposed Rules 

risks, including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

EPA did not perform an EJ analysis 

and did not consider EJ in this action. 

Due to the nature of the action being 

taken here, this action is expected to 

have a neutral to positive impact on the 

air quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

communities with EJ concerns. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Sulfur dioxide. 

Dated: September 18, 2024. 

Debra Shore, 

Regional Administrator, Region 5. 

[FR Doc. 2024–21895 Filed 9–25–24; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[GN Docket No. 20–32; FCC 24–89; FRS 

246488] 

Petitions for Reconsideration of Action 

in Rulemaking Proceeding; Correction 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule; correction. 

SUMMARY: This document makes an 

editorial correction to the date in a 

citation that appeared in the Federal 

Register on September 17, 2024. That 

Federal Register document, which 

invited comment on the 5G Fund 

Second Further Notice of Proposed 

Rulemaking, incorrectly listed the date 

on which a summary of the 

Commission’s 2023 5G Fund Further 

Notice of Proposed Rulemaking was 

published in Federal Register as 

September 28, 2024. The correct date is 

September 28, 2023. 

DATES: The corrections are effective 

September 26, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Valerie Barrish, Office of Economics and 

Analytics, Auctions Division, (202) 418– 

0660, or Valerie.Barrish@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document makes an editorial correction 

in a citation that appeared in the 

summary of the 5G Second Further 

Notice of Proposed Rulemaking, 

published at 89 FR 76016 on September 

17, 2024, which incorrectly listed 

incorrectly listed the date on which a 

summary of the Commission’s 2023 5G 

Fund Further Notice of Proposed 

Rulemaking was published in Federal 

Register as September 28, 2024, rather 

than September 28, 2023. 

In FR Doc. 2024–20979 appearing on 

page 76016 in the Federal Register of 

Tuesday, September 16, 2024, the 

following correction is made: 

1. On page 76017, in the first column,

in the Synopsis in the SUPPLEMENTARY

INFORMATION, in paragraph number 2., 

the date ‘‘(Sept. 28, 2024)’’ is corrected 

to read ‘‘(Sept. 28, 2023)’’. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2024–21968 Filed 9–25–24; 8:45 am] 

BILLING CODE 6712–01–P 


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