79850 Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Proposed Rules 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. The EPA believes that this 

action is not subject to the requirements 

of section 12(d) of the NTTAA because 

application of those requirements would 

be inconsistent with the CAA. 

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. The 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.’’ 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 PRDNER 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. Consistent with the EPA’s 

discretion under the CAA, the EPA 

evaluated the environmental justice 

considerations of this action, as is 

described above in the section titled, 

‘‘Environmental Justice 

Considerations.’’ The analysis was done 

for the purpose of providing additional 

context and information about this 

rulemaking to the public, and 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 to positive 

impact on the air quality of the affected 

area. In addition, there is no information 

in the record inconsistent with the 

stated goal of E.O. 12898 of achieving 

environmental justice for communities 

with environmental justice concerns. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Sulfur dioxide, Reporting and 

recordkeeping requirements. 

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

Lisa Garcia, 

Regional Administrator, Region 2. 

[FR Doc. 2024–22466 Filed 9–30–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 281 and 282 

[EPA–R04–UST–2024–0279; FRL–12181– 

01–R4] 

North Carolina: Final Approval of State 

Underground Storage Tank Program 

Revisions, Codification, and 

Incorporation by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The State of North Carolina 

(North Carolina) has applied to the 

Environmental Protection Agency (EPA) 

for final approval of revisions to its 

Underground Storage Tank Program 

(UST Program) under subtitle I of the 

Resource Conservation and Recovery 

Act (RCRA). Pursuant to RCRA, the EPA 

is proposing to approve revisions to 

North Carolina’s UST Program. This 

action is based on the EPA’s 

determination that the State’s revisions 

satisfy all requirements for UST 

program approval. This action also 

proposes to codify North Carolina’s 

revised UST Program and to incorporate 

by reference the State statutes and 

regulations that we have determined 

meet the requirements for approval. 

DATES: Comments on this proposed rule 

must be received on or before November 

1, 2024. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–R04– 

UST–2024–0279, by either of the 

following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Email: giri.upendra@epa.gov. 

Include the Docket ID No. EPA–R04– 

UST–2024–0279 in the subject line of 

the message. 

Instructions: Submit your comments, 

identified by Docket ID No. EPA–R04– 

UST–2024–0279, via the Federal 

eRulemaking Portal at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from https://

www.regulations.gov. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) 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. The 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, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit: 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

The EPA encourages electronic 

submittals and lists all publicly 

available docket materials electronically 

at https://www.regulations.gov. If you 

are unable to make electronic submittals 

or require alternative access to docket 

materials, please contact Upendra Giri, 

the contact listed in the FOR FURTHER

INFORMATION CONTACT provision below. 

The index of the docket and all publicly 

available docket materials for this action 

are available for review at https://

www.regulations.gov. 

Please also contact Upendra Giri if 

you need assistance in a language other 

than English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you. For 

further information on EPA Docket 

Center services, please visit us online at 

https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Upendra Giri, RCRA Programs and 

Cleanup Branch, Land, Chemicals, and 

Redevelopment Division, U.S. 

Environmental Protection Agency, 

Region 4, Atlanta Federal Center, 61 

Forsyth Street SW, Atlanta, Georgia 

30303–8960; Phone number: (404) 562– 

8185, email address: giri.upendra@

epa.gov. Please contact Upendra Giri by 

phone or email for further information. 

SUPPLEMENTARY INFORMATION: For 

additional information, see the direct 

final rule published in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register. 


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Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Proposed Rules 79851 

1See 41 U.S.C. 8301–8305. 

2See e.g., 41 U.S.C. 8302. 

3 Infrastructure Investment and Jobs Act, Public 

Law 117–58, 135 Stat. 429 (2021). 

4Make PPE in America Act, Public Law 117–58, 

div. G, title IX, subtitle C, sections 70951–70953, 

135 Stat. 1312–1316. The Make PPE in America Act 

is codified in 41 U.S.C. 8301 note. 

5Public Law 117–58, 135 Stat. 1312. 

6Public Law 117–58, 135 Stat. 1313. 

7Public Law. 117–58, 135 Stat. 1313–14. 

8Public Law 117–58, 135 Stat. 1314. 

9 Id. 

10 Id. 11 Id. 12 Id. 13See HSAR Deviations, available at: https://

www.dhs.gov/publication/current-hsar-deviations. 14See HSAR Class Deviation 23–01 

Implementation of the Make PPE in America Act at 

https://www.dhs.gov/sites/default/files/2022-10/ 

HSARClassDeviation23-01Implementation

ofMakePPEinAmericaAct-508Final.pdf. 

List of Subjects in 40 CFR Parts 281 and 

282 

Environmental protection, 

Administrative practice and procedure, 

Hazardous substances, Incorporation by 

reference, Indian country, Petroleum, 

Reporting and recordkeeping 

requirements, State program approval, 

Underground storage tanks. 

Authority: This document is issued under 

the authority of sections 2002(a), 9004, and 

7004(b) of the Solid Waste Disposal Act, as 

amended, 42 U.S.C. 6912, 6991c, 6991d, and 

6991e. 

Dated: September 25, 2024. 

Jeaneanne M. Gettle, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2024–22540 Filed 9–30–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

48 CFR Parts 3025 and 3052 

[Docket No. DHS–2024–0020] 

RIN 1601–AB15 

Homeland Security Acquisition 

Regulation, Make Personal Protective 

Equipment in America Act Restrictions 

on Foreign Acquisition (HSAR Case 

2024–003) 

AGENCY: Office of the Chief Procurement 

Officer (OCPO), Department of 

Homeland Security (DHS). 

ACTION: Proposed rule. 

SUMMARY: DHS is proposing to amend 

the Homeland Security Acquisition 

Regulation (HSAR) to add a new 

subpart, clause, and provision that 

would codify how DHS complies with 

the requirements of the Make Personal 

Protective Equipment (PPE) in America 

Act. DHS believes these proposed 

changes would help to ensure the 

sustainment and expansion of domestic 

manufacturing for certain types of PPE 

critical to the United States’ national 

response to a public health crisis, such 

as the COVID–19 pandemic. 

DATES: Comments on the proposed rule 

should be submitted in writing to one of 

the addresses shown below on or before 

December 2, 2024, to be considered in 

the formation of the final rule. 

ADDRESSES: Submit comments 

identified by HSAR Case 2024–003, 

Make PPE in America Act Restrictions 

on Foreign Acquisition, using any of the 

following methods: 

• Regulations.gov: https://

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by entering ‘‘HSAR 

Case 2024–003’’ under the heading 

‘‘Enter Keyword or ID’’ and select 

‘‘Search.’’ Select the link ‘‘Submit a 

Comment’’ that corresponds with 

‘‘HSAR Case 2024–003.’’ Follow the 

instructions provided at the ‘‘Submit a 

Comment’’ screen. Please include your 

name, company name (if any), and 

‘‘HSAR Case 2024–003’’ on your 

attached document. 

• Fax: (202) 447–0520. 

• Mail: Department of Homeland 

Security, Office of the Chief 

Procurement Officer, Acquisition Policy 

and Legislation, ATTN: Ms. Shaundra 

Ford, 245 Murray Drive, Bldg. 410 

(RDS), Washington, DC 20528. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment(s), 

please check www.regulations.gov, 

approximately two to three days after 

submission to verify posting (except 

allow 30 days for posting of comments 

submitted by mail). 

FOR FURTHER INFORMATION CONTACT: 

Shaundra Ford, Department of 

Homeland Security, Office of the Chief 

Procurement Officer, Acquisition Policy 

and Legislation, at (202) 282–8000 or 

email at HSAR@hq.dhs.gov. Include 

HSAR Case 2024–003 in the subject 

line. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Buy American Act of 1933, as 

amended (BAA), addresses preferences 

in Federal procurement.1 The BAA 

provides a preference for the purchase 

of domestic supplies.2

On November 15, 2021, the 

Infrastructure Investment and Jobs Act 

was signed into law.3 Subtitle C of title 

IX of Division G of the Infrastructure 

Investment and Jobs Act is the Make 

PPE in America Act (‘‘the Act’’).4 The 

Act requires the Department of 

Homeland Security (DHS), Department 

of Veterans Affairs (VA), and the U.S. 

Department of Health and Human 

Services (HHS) to take certain actions to 

ensure the sustainment and expansion 

of domestic manufacturing for certain 

types of PPE critical to the United 

States’ national response to a public 

health crisis, such as the COVID–19 

pandemic.5

The Act defines PPE as surgical 

masks, respirator masks and powered 

air purifying respirators and required 

filters, face shields and protective 

eyewear, gloves, disposable and 

reusable surgical and isolation gowns, 

head and foot coverings, and other gear 

or clothing used to protect an individual 

from the transmission of disease.6 The 

Act requires that any contracts for the 

procurement of PPE entered into by 

DHS, VA, and HHS be for PPE, 

including the materials and components 

thereof, that is domestically grown, 

reprocessed, reused, or produced.7 The 

Act also requires that these contracts 

with DHS, HHS, or VA for PPE last at 

least two years in duration plus all 

option periods necessary, to incentivize 

investment in the domestic production 

of PPE and the materials and 

components thereof.8 The Act allows for 

alternatives to domestic production 

under certain conditions (i.e., where 

PPE assembled outside of the United 

States contains only materials and 

components grown, reprocessed, reused 

or produced in the United States).9

When using alternatives to domestic 

production, DHS, HHS, or VA, as 

applicable, must certify every 120 days 

that alternatives to domestic production 

are necessary to procure PPE due to the 

immediate needs of a public health 

emergency.10 The Act further recognizes 

certain exceptions to the domestic 

production of PPE, such as due to 

nonavailability, or where the PPE 

cannot be procured at U.S. market 

prices.11 Where DHS, HHS, or VA 

respectively grants an exception, that 

Secretary would also need to certify that 

implementing these exceptions are 

necessary to meet the immediate needs 

of a public health emergency.12

The DHS Chief Procurement Officer 

can issue HSAR deviations when 

necessary to allow Components to 

deviate from the HSAR.13 On October 

17, 2022, DHS issued a deviation 

regarding how DHS would comply with 

the Make PPE in America Act 

requirements (Deviation 23–01). 14

DHS proposes to amend the HSAR at 

48 CFR part 3025, Foreign Acquisition, 

and at 48 CFR part 3052, Solicitation 


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