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. 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Rules and Regulations 82511 

1On October 27, 2022 (87 FR 65015), the EPA 

published a correcting amendment to correct the 

amendatory instructions appearing in the 

September 28, 2022 final rule for codifying the 

replacement of the previously-approved versions of 

Rule 20.1, Rule 20.3. and Rule 20.4. The September 

28, 2022 final rule had listed the incorrect 

paragraphs for the previously-approved versions of 

these rules and those corrections were made in the 

October 27, 2022 action. 

ADDRESSES: The EPA has established 

dockets for this action under Docket No. 

EPA–R09–OAR–2015–0083, EPA–R09– 

OAR–2021–0773, EPA–R09–OAR– 

2022–0306, and EPA–R09–OAR–2023– 

0479. All documents in the dockets are 

listed on the https://

www.regulations.gov website. Although 

listed in an 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: Mae 

Wang, EPA Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105; phone: 

(415) 947–4137; email: wang.mae@

epa.gov. 

SUPPLEMENTARY INFORMATION: This 

action corrects regulatory text errors 

resulting from inadvertent errors in the 

amendatory instructions in final 

rulemakings affecting 40 CFR part 52. 

This action does not change any final 

action taken by the EPA in a previously 

published final rule. This action merely 

corrects regulatory text to properly 

codify the EPA’s previously published 

final rulemakings. An explanation of 

each correction is listed below. 

On March 27, 2015 (80 FR 16289), the 

EPA published a direct final rule that, 

among other actions, approved Ventura 

County Air Pollution Control District 

(APCD) Rule 74.31, ‘‘Metalworking 

Fluids and Direct-Contact Lubricants,’’ 

adopted on November 12, 2013, as a 

revision to the California SIP. However, 

there was a typographic error in the 

amendatory instructions. The 

instructions for adding paragraph 

52.220(c)(441)(i)(C)(2) inadvertently 

omitted the rule number from the text 

to be added. The EPA is correcting the 

text for paragraph 52.220(c)(441)(i)(C)(2) 

in this action. 

On September 28, 2022 (87 FR 58729), 

the EPA published a final rule 

approving four permitting rules 

submitted as a revision to the San Diego 

County APCD portion of the California 

SIP.1 The revision concerned San Diego 

APCD Rule 11, ‘‘Exemptions From Rule 

10 Permit Requirements,’’ Rule 20.1, 

‘‘New Source Review—General 

Provisions,’’ Rule 20.3, ‘‘New Source 

Review—Major Stationary Sources and 

PSD Stationary Sources,’’ and Rule 20.4, 

‘‘New Source Review—Portable 

Emission Units.’’ However, the text of 

the newly added paragraphs to codify 

the replacement of the previouslyapproved versions of these rules 

inadvertently listed the incorrect 

adoption dates for the replaced rules. In 

this action, the EPA is correcting the 

rule adoption dates appearing in 

52.220(c)(488)(i)(A)(6), (c)(539)(i)(A)(5), 

(c)(539)(i)(A)(6), and (c)(539)(i)(A)(7). 

On February 9, 2024 (89 FR 8999), the 

EPA published a final rule approving a 

revision to the California Air Resources 

Board (CARB) portion of the California 

SIP. This revision concerned regulations 

and a certification procedure for 

certification of vapor recovery systems 

for gasoline cargo tanks. However, there 

was a typographic error in the 

amendatory instructions for codifying 

the CARB regulation and the 

certification procedure. The date of the 

submittal letter listed in the 

corresponding entries for this revision 

in 40 CFR 52.220a(c) table 1 and table 

2 should have been September 8, 2023, 

rather than September 21, 2023. The 

EPA is correcting this date in this 

action. 

On April 14, 2022 (87 FR 22135), the 

EPA published a final rule that, among 

other actions, approved Maricopa 

County Ordinance P–26, ‘‘Residential 

Burning Restrictions,’’ revised October 

23, 2019, as a revision to the Maricopa 

County portion of the Arizona SIP. 

However, the amendatory instructions 

erroneously added an entry for 

Ordinance P–26 to table 4 of 40 CFR 

52.120(c), rather than replacing the 

previously-approved entry for Maricopa 

County Ordinance P–26 in table 6 of 40 

CFR 52.120(c). The EPA is correcting 

this error in this action. 

The EPA has determined that this 

action falls under the ‘‘good cause’’ 

exemption in section 553(b)(B) of the 

Administrative Procedure Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation where public notice 

and comment procedures are 

impracticable, unnecessary, or contrary 

to the public interest. Public notice and 

comment for this action is unnecessary 

because the underlying rules for which 

these correcting amendments have been 

prepared were already subject to 30-day 

comment periods. Further, this action is 

consistent with the purposes and 

rationales of the final rules for which 

inaccurate amendatory instructions are 

being corrected herein. Because this 

action does not change the EPA’s 

analyses or overall actions, no purpose 

would be served by additional public 

notice and comment. Consequently, 

additional public notice and comment 

are unnecessary. 

The EPA also finds that there is good 

cause under APA section 553(d)(3) for 

these corrections to become effective on 

the date of publication of this action. 

Section 553(d)(3) of the APA allows an 

effective date of less than 30 days after 

publication ‘‘as otherwise provided by 

the agency for good cause found and 

published with the rule.’’ 5 U.S.C. 

553(d)(3). The purpose of the 30-day 

waiting period prescribed in APA 

section 553(d)(3) is to give affected 

parties a reasonable time to adjust their 

behavior and prepare before the final 

rule takes effect. This rule does not 

create any new regulatory requirements 

such that affected parties would need 

time to prepare before the rule takes 

effect. This action merely corrects 

inaccurate amendatory instructions in 

previous rulemakings. For these 

reasons, the EPA finds good cause under 

APA section 553(d)(3) for these 

corrections to become effective on the 

date of publication of this action. 

This action is subject to the 

Congressional Review Act (CRA), and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. Section 808 allows the issuing 

agency to make a rule effective sooner 

than otherwise provided by the CRA if 

the agency makes a good cause finding 

that notice and public procedure is 

impracticable, unnecessary or contrary 

to the public interest. This 

determination must be supported by a 

brief statement. 5 U.S.C. 808(2). As 

stated previously, the EPA has made 

such a good cause finding, including the 

reasons therefore, for this action to 

become effective on the date of 

publication. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Ozone, Particulate 

matter, Reporting and recordkeeping 


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82512 Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Rules and Regulations 

requirements, Volatile organic 

compounds. 

Dated: October 2, 2024. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

Accordingly, the Environmental 

Protection Agency is correcting 40 CFR 

part 52 by making the following 

correcting amendments: 

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 D—Arizona 

■ 2. In § 52.120, amend paragraph (c) 

by: 

■ a. Removing the subheading for 

‘‘Maricopa County Ordinances’’ and the 

entry for ‘‘Ordinance P–26’’ in table 4, 

under the heading ‘‘Post-July 1988 Rule 

Codification,’’; and 

■ b. Revising the entry for ‘‘Maricopa 

County Ordinance P–26’’ in table 6. 

The revision reads as follows: 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 6—EPA-APPROVED ORDINANCES ADOPTED BY MARICOPA COUNTY AND OTHER LOCAL JURISDICTIONS WITHIN

MARICOPA COUNTY

County citation Title/subject State effective date EPA approval date Additional explanation 

Maricopa County Ordinance P–26.Residential Burning Restrictions.October 23, 2019 .............. April 14, 2022, 87 FR 

22135.

Submitted on November 

20, 2019. 

* * * * * * * 

* * * * * 

Subpart F—California 

■ 3. Section 52.220 is amended by 

revising paragraphs (c)(441)(i)(C)(2); 

(c)(488)(i)(A)(6); (c)(539)(i)(A)(5), (6); 

and (7). 

The revisions read as follows: 

§ 52.220 Identification of plan—in part. 

* * * * * 

(c) * * * 

(441) * * * 

(i) * * * 

(C) * * * 

(2) Rule 74.31, ‘‘Metalworking Fluids 

and Direct-Contact Lubricants,’’ adopted 

on November 12, 2013. 

* * * * * 

(488) * * * 

(i) * * * 

(A) * * * 

(6) Previously approved on October 4, 

2018, in paragraph (c)(488)(i)(A)(3) of 

this section and now deleted with 

replacement in paragraph 

(c)(557)(i)(B)(1) of this section: Rule 11, 

‘‘Exemptions from Rule 10 Permit 

Requirements,’’ revision adopted on 

May 11, 2016. 

* * * * * 

(539) * * * 

(i) * * * 

(A) * * * 

(5) Previously approved on September 

16, 2020, in paragraph (c)(539)(i)(A)(1) 

of this section and now deleted with 

replacement in paragraph 

(c)(588)(i)(A)(1) of this section: Rule 

20.1, ‘‘New Source Review—General 

Provisions,’’ revision adopted on June 

26, 2019. 

(6) Previously approved on September 

16, 2020, in paragraph (c)(539)(i)(A)(3) 

of this section and now deleted with 

replacement in paragraph 

(c)(588)(i)(A)(2) of this section: Rule 

20.3, ‘‘New Source Review—Major 

Stationary Sources and PSD Stationary 

Sources’’ (except paragraphs (d)(1)(vi), 

(d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and 

(d)(3)), revision adopted on June 26, 

2019. 

(7) Previously approved on September 

16, 2020, in paragraph (c)(539)(i)(A)(4) 

of this section and now deleted with 

replacement in paragraph 

(c)(588)(i)(A)(3), of this section: Rule 

20.4, ‘‘New Source Review—Portable 

Emission Units’’ (except paragraphs 

(b)(2), (b)(3), (d)(1)(iii), (d)(2)(i)(B), 

(d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5)), 

revision adopted on June 26, 2019. 

* * * * * 

■ 4. In § 52.220a, amend paragraph (c) 

by: 

■ a. Revising the entry for ‘‘94014’’ in 

table 1, under the subheading ‘‘Title 17 

(Public Health), Division 3 (Air 

Resources), Chapter 1 (Air Resources 

Board); Subchapter 8 (Compliance with 

Nonvehicular Emissions Standards); 

Article 1 (Vapor Recovery Systems in 

Gasoline Marketing Operations)’’; and 

■ b. Revising the entry for ‘‘Certification 

Procedure CP–204 Certification 

Procedure for Vapor Recovery Systems 

of Cargo Tanks’’ in table 2. 

The revisions read as follows: 

§ 52.220a Identification of plan—in part. 

* * * * * 

(c) * * * 


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Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Rules and Regulations 82513 

TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1

State citation Title/subject State effective 

date EPA approval date Additional explanation 

*******

California Code of Regulations 

*******

Title 17 (Public Health), Division 3 (Air Resources), Chapter 1 (Air Resources Board); Subchapter 8 (Compliance with Nonvehicular 

Emissions Standards); Article 1 (Vapor Recovery Systems in Gasoline Marketing Operations) 

94014 ............. Certification of Vapor Recovery Systems 

for Cargo Tanks.

7/12/2023 2/9/2024, 89 FR 

8999.

Submitted on September 13, 2023, as an 

attachment to a letter dated September 

8, 2023. 

* * * * * * * 

1Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable SIP. Table 2 of paragraph (c) lists 

approved California test procedures, test methods and specifications that are cited in certain regulations listed in Table 1. Approved California 

statutes that are nonregulatory or quasi-regulatory are listed in paragraph (e). 

TABLE 2—EPA-APPROVED CALIFORNIA TEST PROCEDURES, TEST METHODS, AND SPECIFICATIONS

Title/subject State effective 

date EPA approval date Additional explanation 

*******

Certification Procedure CP–204 Certification Procedure for Vapor Recovery Systems of Cargo 

Tanks.

7/12/2023 2/9/2024, 89 FR 8999 ... Submitted on September 13, 2023, as an attachment to a letter dated September 8, 2023. 

* * * * * * * 

* * * * * 

[FR Doc. 2024–23423 Filed 10–10–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R01–OAR–2024–0462; FRL–12317– 

01–R1] 

Approval and Promulgation of State 

Plans (Negative Declarations) for 

Designated Facilities and Pollutants: 

Maine and Massachusetts 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking a direct final 

action to approve negative declarations 

in lieu of State plans to satisfy the 

requirements in the Emission 

Guidelines and Compliance Times for 

Commercial and Industrial Solid Waste 

Incineration Units for the State of Maine 

and the Commonwealth of 

Massachusetts. The negative 

declarations certify that the States do 

not have any existing sources within 

their jurisdictions that must comply 

with the rule. 

DATES: This direct final rule will be 

effective December 10, 2024, unless EPA 

receives adverse comments by 

November 12, 2024. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2024–0462. 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, i.e., 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 at https://

www.regulations.gov or at the U.S. 

Environmental Protection Agency, EPA 

Region 1 Regional Office, Air and 

Radiation Division, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that, if at all possible, you 

contact the contact 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 legal holidays and 

facility closures due to COVID–19. 

FOR FURTHER INFORMATION CONTACT: 

Jessica Kilpatrick, Air Permits, Toxics, 

and Indoor Programs Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 1, 5 Post 

Office Square, APTB05–2, Boston, MA 

02109–0287. Telephone: 617–918–1652. 

Fax: 617–918–0652 Email: 

kilpatrick.jessica@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Commercial and Industrial Solid Waste 

Incineration Regulations 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

The Clean Air Act (CAA) delineates 

regulations for air pollution emissions 

that can adversely impact public health. 

Section 111(d) of the CAA sets 

standards of performance for existing 


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