82508 Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Rules and Regulations 

1A copy of the SIP revision is available online at 

www.regulations.gov, Docket number EPA–R06– 

OAR–2023–0648. 

officer, or other officer operating a Coast 

Guard vessel and a Federal, State, and 

local law enforcement officer designated 

by or assisting the Captain of the Port 

Sector Virginia (COTP) in the 

enforcement of the regulations in this 

section. 

Participant means all persons and 

vessels directly engaged in the parade 

present within the established SLR 

during the enforcement period of the 

parade. 

(c) Regulations. (1) All nonparticipants are prohibited from 

entering, transiting through, anchoring 

in, or getting underway within the 

regulated area described in paragraph 

(a)(1) of this section unless authorized 

by the Captain of the Port, Sector 

Virginia or their designated 

representative. 

(2) To seek permission to enter, 

contact the COTP by calling the Sector 

Virginia Command Center at 757–638– 

6635 or contact the COTP’s designated 

representative on Marine band Radio, 

VHF–FM channel 16 (156.8 MHz). 

Those in the regulated area must 

comply with all lawful orders or 

directions given to them by the COTP or 

the designated representative. 

(3) All non-participants, including 

those engaged in protest activity, may be 

directed by a designated representative 

to enforcement area described in section 

(a)(2) of this section, where they must 

remain during the effective period 

unless otherwise authorized or directed. 

(4) The COTP will provide notice of 

the regulated area via broadcast notice 

to mariners and by on-scene designated 

representatives. 

(d) Enforcement period. This section 

will be enforced from noon to 4 p.m. on 

Saturday, October 20, 2024. 

Dated: October 7, 2024. 

P.M. Britton, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Virginia. 

[FR Doc. 2024–23587 Filed 10–10–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2023–0648; FRL–11992– 

02–R6] 

Air Plan Approval; New Mexico; 

Periodic Emission Inventory SIP for 

Sunland Park Nonattainment Area for 

2015 Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is approving State Implementation Plan 

(SIP) revisions related to the 2015 8- 

hour ozone National Ambient Air 

Quality Standards (NAAQS). 

DATES: This rule is effective on 

November 12, 2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2023–0648. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet. Publicly available docket 

materials are available electronically 

through https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Nevine Salem, EPA Region 6 Office, 

Infrastructure and Ozone Section, 214– 

665–7222, salem.nevine@epa.gov. We 

encourage the public to submit 

comments via https://

www.regulations.gov. Please call or 

email the contact listed above if you 

need alternative access to material 

indexed but not provided in the docket. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means the EPA. 

I. Background 

On July 3, 2024 (89 FR 55136), the 

EPA published a Notice of Proposed 

Rulemaking (NPRM) for the State of 

New Mexico. The NPRM proposed 

approval of the state’s periodic 

emissions inventory for Sunland Park, 

Don ̃ a Ana County, New Mexico 

marginal nonattainment area for the 

2015 NAAQS. The background for this 

action and rationale for EPA’s proposed 

action are explained in the NPRM and 

will not be restated here. We received a 

comment on our proposal from the New 

Mexico Environmental Department 

(NMED). Our response to the comment 

follows. 

II. Response to Comments 

We received one comment from the 

NMED regarding an inadvertent 

typographical error in the NPRM—in 

tables 1 and 2 that summarized the NOX

and VOC emissions in Sunland Park, 

Don ̃ a Ana County, New Mexico. The 

ozone season daily emissions (lb/day) 

column in the NPRM showed some 

discrepancies from what was submitted 

by the State. In response, the EPA is 

making the necessary corrections in the 

updated tables 1, and 2 listed below. 

The corrected values in fact are less 

than what was previously listed in 

tables 1 and 2 of the proposed action. 

This correction does not change or affect 

the total NOX or VOC emissions in the 

2020 periodic emission inventory for 

Sunland Park marginal nonattainment 

area for a typical ozone season day. 

Additionally, the original tables were 

included in the State’s SIP revision 

submittal,1 in the rulemaking docket. 

TABLE 1—NOX EMISSIONS SUNLAND PARK, DON ̃A ANA COUNTY, NEW MEXICO

Source category 

Don ̃a Ana County 

emissions 

(tpy) 

Sunland Park, NM 

nonattainment 

emissions 

(tpy) 

Sunland Park, NM 

nonattainment 

area ozone 

season daily 

emissions 

(lb/day) 

Point ........................................................................................................................... 1,155.22 740.60 4,046.97 

Nonpoint Area ............................................................................................................ 1,588.62 42.01 215.22 

Onroad ....................................................................................................................... 3,590.66 111.04 603.13 

Nonroad ..................................................................................................................... 430.87 10.49 58.42 


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Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Rules and Regulations 82509 

TABLE 1—NOX EMISSIONS SUNLAND PARK, DON ̃A ANA COUNTY, NEW MEXICO—Continued 

Source category 

Don ̃a Ana County 

emissions 

(tpy) 

Sunland Park, NM 

nonattainment 

emissions 

(tpy) 

Sunland Park, NM 

nonattainment 

area ozone 

season daily 

emissions 

(lb/day) 

Total .................................................................................................................... 6,765.37 904.14 4,923.74 

TABLE 2—VOC EMISSIONS SUNLAND PARK, DON ̃A ANA COUNTY, NEW MEXICO

Source category 

Don ̃a Ana County 

emissions 

(tpy) 

Sunland Park, NM 

nonattainment 

area emissions 

(tpy) 

Sunland Park, NM 

nonattainment 

area ozone 

season daily 

emissions 

(lb/day) 

Point ........................................................................................................................... 114.84 41.78 228.32 

Nonpoint Area ............................................................................................................ 10,933.55 134.11 552.64 

Onroad ....................................................................................................................... 1,206.00 25.41 138.49 

Nonroad ..................................................................................................................... 311.27 7.92 50.36 

Total .................................................................................................................... 12,565.66 209.23 969.82 

NMED had another remark stating 

that no public hearing was conducted 

for this rulemaking. EPA confirms that 

in section III of the proposal, we stated 

that ‘‘New Mexico notified the public in 

both English and Spanish and offered 

the opportunity for comment and public 

hearing. A full record of public notices 

is included in the state’s submittal. New 

Mexico did not receive any comments 

during the 30-day public comment 

period or request for public hearing’’. 

III. Final Action 

We are approving the New Mexico 

SIP revisions submitted on December 

20, 2023, to address the periodic ozone 

season daily and annual ozone 

precursor emission inventories for NOX

and VOC for the Sunland Park, Don ̃ a 

Ana County, New Mexico, 

nonattainment area for the 2015 ozone 

NAAQS. 

IV. Environmental Justice 

Considerations 

The EPA reviewed demographic data, 

which provides an assessment of 

individual demographic groups of the 

populations living within the 

approximate 13.86 square miles 

contained in the portion of the ozone 

nonattainment area within Sunland 

Park, New Mexico. The complete report 

is available in the public docket for this 

action. The Environmental Justice Index 

for eight of the twelve EJScreen 

indicators exceed the 80th percentile in 

the United States; seven of the twelve 

EJScreen indicators exceed the 80th 

percentile in the State of New Mexico. 

Five of the twelve indicators exceed the 

90th percentile in both the State of New 

Mexico and the United States, including 

indices for particulate matter 2.5, ozone, 

air toxics cancer risk, air toxics 

respiratory, and wastewater discharge. 

This analysis showed an approximate 

population of 17,408 residents based on 

the 2017–2021 Census. Within this area, 

EJScreen identified that approximately 

95% of the population are people of 

color with 58% identified as low 

income. Additionally, approximately 

34% of the population is linguistically 

isolated and 30% of the population has 

less than a high school education. 

This action is to approve the periodic 

emission inventory for Sunland Park 

2015 ozone nonattainment area, in 

which updated air emissions data in the 

National Emissions Inventory (NEI) is 

available on EPA public web page. This 

action is not anticipated to have a 

disproportionately high or adverse 

human health or environmental effects 

on communities with environmental 

justice concerns. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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 Clean Air 

Act. 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 Clean Air Act. 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 


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82510 Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Rules and Regulations 

human health or environmental effects’’ 

of their actions on communities with 

environmental justice (EJ) concerns 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 New Mexico Environmental 

Department did not evaluate 

environmental justice considerations as 

part of its SIP revision submittal; the 

CAA and applicable implementing 

regulations neither prohibit nor require 

such an evaluation. EPA performed an 

environmental justice analysis, 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, 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. 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. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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 December 10, 

2024. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: October 3, 2024. 

Earthea Nance, 

Regional Administrator, Region 6. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends 40 CFR part 52 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 GG—New Mexico 

■ 2. In § 52.1620 (e), the table titled 

‘‘EPA-Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures in the New Mexico SIP’’ is 

amended by adding the entry ‘‘2020 

Periodic Emissions Inventory (NOX and 

VOC ozone daily summer season and 

annual emissions) for the 2015 Ozone 

NAAQS’’ at the end of the table to read 

as follows: 

§ 52.1620 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP 

Name of SIP provision Applicable geographic 

or nonattainment area 

State submittal/ 

effective date EPA approval date Explanation 

*******

2020 Periodic Emissions Inventory (NOX and 

VOC ozone daily summer season and annual emissions) for the 2015 Ozone NAAQS.

Sunland Park ozone 

nonattainment area.

12/20/2023 10/11/2024, [Insert 

Federal Register citation].

* * * * * 

[FR Doc. 2024–23339 Filed 10–10–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0083, EPA–R09– 

OAR–2021–0773, EPA–R09–OAR–2022– 

0306, and EPA–R09–OAR–2023–0479; FRL– 

12172–01–R9] 

Air Plan Approvals; Arizona; 

California; Correcting Amendments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Correcting amendments. 

SUMMARY: On various dates, the 

Environmental Protection Agency (EPA) 

published final rules in the Federal 

Register approving certain revisions to 

the Arizona State Implementation Plan 

(SIP) and the California SIP. In those 

final rules, inadvertent errors in the 

amendatory instructions resulted in 

inaccuracies in the regulatory text 

codifying the final actions into the Code 

of Federal Regulations (CFR). This 

document corrects the errors in the 

regulatory text for those final rules. 

DATES: These correcting amendments 

are effective October 11, 2024. 


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