Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Rules and Regulations 86755 

TABLE 1 TO PARAGRAPH (C)—EPA-APPROVED MISSISSIPPI LAWS AND REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

*******

11 MAC Part 2—Chapter 2 Permit Regulations for the Construction and/or Operation of Air Emissions Equipment 

*******

Rule 2.5 .......................... Application Review ....... 3/24/2024 10/31/2024, [Insert first 

page of Federal Register citation].

Except for Rule 2.5(A) and 2.5(C) through (E) 

which have a state effective date of 7/25/2013. 

* * * * * * * 

11 MAC Part 2—Chapter 5 Regulations for the Prevention of Significant Deterioration of Air Quality 

Rule 5.1 .......................... Purpose of this regulation.3/24/2024 10/31/2024, [Insert first 

page of Federal Register citation].

Rule 5.2 .......................... Adoption of Federal 

Rules by Reference.

3/24/2024 10/31/2024, [Insert first 

page of Federal Register citation].

The version of Rule 5.2 in the SIP does not incorporate the provisions at § 52.21(b)(2)(v) 

and (b)(3)(iii)(c) that were stayed indefinitely 

by the Fugitive Emissions Interim Rule (published in the Federal Register March 30, 

2011). 

Rule 5.3 .......................... Definition of term ‘‘Administrator’’.3/24/2024 10/31/2024, [Insert first 

page of Federal Register citation].

Rule 5.4 .......................... Adoption of Federal 

Rules for Exclusions 

from Increment Consumption.

3/24/2024 10/30/2024, [Insert first 

page of Federal Register citation].

Rule 5.5 .......................... Transmittal of Permit 

Applications to EPA 

Administrator.

7/25/2013 10/31/2024, [Insert first 

page of Federal Register citation].

Rule 5.6 .......................... Applicability ................... 3/24/2024 10/31/2024, [Insert first 

page of Federal Register citation].

Rule 5.7 .......................... Public Participation ....... 3/24/2024 10/31/2024, [Insert first 

page of Federal Register citation].

* * * * * 

§ 52.1276 [Removed and Reserved] 

■ 3. Remove and reserve § 52.1276. 

[FR Doc. 2024–25243 Filed 10–30–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2023–0466; FRL–12179– 

02–R4] 

Air Plan Approval; Forsyth County, 

North Carolina; Removal of Excess 

Emissions Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the North Carolina 

Division of Air Quality (NCDAQ) on 

behalf of the Forsyth County Office of 

Environmental Assistance and 

Protection (FCEAP or Forsyth County) 

on November 28, 2022. The revision 

was submitted in response to a finding 

of substantial inadequacy and SIP call 

published on June 12, 2015, concerning 

excess emissions during startup, 

shutdown, and malfunction (SSM) 

events. EPA is approving the SIP 

revision in accordance with 

requirements for SIP provisions under 

the Clean Air Act (CAA or Act) and 

finds that such SIP revision corrects the 

deficiencies identified in the Forsyth 

County portion of the North Carolina 

SIP in the June 12, 2015, SIP Call. EPA 

is also approving minor and 

administrative changes to certain 

regulatory provisions that have been 

revised by the local agency since EPA’s 

last approval of those provisions. 

DATES: This rule is effective December 2, 

2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2023–0466. 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 Multi-Air Pollutant Coordination 


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86756 Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Rules and Regulations 

1As discussed in the September 12, 2024, NPRM, 

the November 28, 2022, submission contains a 

revised cross-reference to source testing 

requirements not approved into the Forsyth County 

portion of the North Carolina SIP. EPA is not acting 

on that change in this rulemaking. On September 

27, 2024, in a letter dated September 26, 2024, 

NCDAQ on behalf of FCEAP withdrew the portion 

of the November 28, 2022, SIP revision updating the 

aforementioned cross-reference and requested that 

the existing SIP-approved source testing 

requirements cross-reference be retained instead. 

See the September 26, 2024, partial withdrawal 

letter in the docket for this rulemaking. 

2 In lieu of the July 14, 2022, locally effective 

version of the last sentence of Rule 3D .0535(f), EPA 

is retaining the September 14, 1998, locally 

effective version of the sentence, consistent with 

EPA’s last approval on February 17, 2000. See 65 

FR 8053. In this final action, the Agency is updating 

the SIP table at 40 CFR 52.1770(c) to reflect the 

retention of the September 14, 1998, version of the 

aforementioned sentence. 

3Additionally, the existing substantive text of 

Rule 3D .0535(c) and (g) is being removed from the 

Forsyth County portion of the North Carolina SIP. 

With this final action, the SIP-approved version of 

Rule 3D .0535(c) reads, ‘‘(Paragraph (c) is not 

included in Forsyth County’s portion of the State 

Implementation Plan.),’’ and the SIP-approved 

version of .0535(g) reads, ‘‘(Paragraph (g) is not 

included in Forsyth County’s portion of the State 

Implementation Plan.).’’ In this final action, the 

Agency is updating the SIP table at 40 CFR 

52.1770(c) accordingly. 

4See 62 FR 27968 (May 22, 1997). 

5Forsyth County is retaining the substantive text 

of Rule 3D .0535(c) and (g) for local-law purposes 

only. With this final action, emission limits 

incorporated into the Forsyth County portion of the 

North Carolina SIP apply at all times, and 

exemptions for emissions exceeding otherwise 

applicable SIP emission limitations during periods 

of SSM, as provided in the substantive text of Rule 

3D .0535(c) and (g), apply to Forsyth County in its 

exercise of enforcement authority for local-law 

purposes only. Therefore, with this final action, 

citizens and EPA can seek injunctive relief or civil 

penalties for excess emissions. 

6 In this final action, EPA is also approving, as 

part of the November 28, 2022, SIP revision, certain 

changes to malfunction abatement plan, 

notification, and source testing requirements, as 

well as non-substantive administrative changes to 

the remaining Rule 3D .0535 regulatory text, as 

discussed in the September 12, 2024, NPRM. 

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 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: 

Faith Goddard, Multi-Air Pollutant 

Coordination 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. 

The telephone number is (404) 562– 

8757. Ms. Goddard can also be reached 

via electronic mail at goddard.faith@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In a September 12, 2024, notice of 

proposed rulemaking (NPRM), EPA 

proposed to approve the November 28, 

2022, SIP revision submitted by NCDAQ 

on behalf of Forsyth County in response 

to a June 12, 2015, action titled ‘‘State 

Implementation Plans: Response to 

Petition for Rulemaking; Restatement 

and Update of EPA’s SSM Policy 

Applicable to SIPs; Findings of 

Substantial Inadequacy; and SIP Calls to 

Amend Provisions Applying to Excess 

Emissions During Periods of Startup, 

Shutdown, and Malfunction’’ (‘‘2015 

SSM SIP Action’’). See 80 FR 33840 

(June 12, 2015). EPA’s rationale for the 

proposed approval and determination is 

explained in the September 12, 2024, 

NPRM.1 See 89 FR 74171. The public 

comment period for EPA’s proposed 

approval and determination ended on 

October 3, 2024. EPA received one 

comment on the September 12, 2024, 

NPRM, but the comment is not relevant 

to this action. The comment is available 

in the docket for this action. 

II. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, and as discussed in Section I of 

this preamble, EPA is finalizing the 

incorporation by reference of Forsyth 

County Air Quality Control Ordinance 

and Technical Code Subchapter 3D, 

Section .0500, Rule 3D .0535, Excess 

Emissions Reporting and Malfunctions, 

locally effective July 14, 2022, with the 

following exceptions: EPA is not 

incorporating the last sentence of Rule 

3D .0535(f), locally effective July 14, 

2022,2 and in Rule 3D .0535(c) and (g) 

is incorporating only the statements that 

each paragraph ‘‘is not included in 

Forsyth County’s portion of the State 

Implementation Plan.’’ 3 EPA has made, 

and will continue to make, these 

materials generally available through 

www.regulations.gov and at the EPA 

Region 4 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by 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 EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.4

III. Final Action 

EPA is approving Forsyth County’s 

November 28, 2022, SIP submission 

requesting changes to Rule 3D .0535, 

Excess Emissions Reporting and 

Malfunctions, except for the change to 

the cross-referenced rule in Rule 3D 

.0535(f), into the Forsyth County portion 

of the North Carolina SIP. Specifically, 

EPA is approving the removal of the 

substantive text of Rule 3D .0535(c) and 

(g) from the Forsyth County portion of 

the North Carolina SIP, the addition of 

statements clarifying that Rule 3D 

.0535(c) and (g) are not included in the 

Forsyth County portion of the North 

Carolina SIP,5 and is otherwise 

approving the revised version of Rule 

3D .0535 into the Forsyth County 

portion of the North Carolina SIP,6

except for the last sentence of Rule 3D 

.0535(f), which contains a revised crossreference that EPA is not acting on at 

this time. See 89 FR 74171. EPA is 

approving this SIP revision because the 

Agency has determined that it is 

consistent with the requirements for SIP 

provisions under the CAA. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

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); 


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Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Rules and Regulations 86757 

• 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 EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rulemaking 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 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 

risks, including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The FCEAP did not evaluate EJ 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

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 EJ for communities with EJ 

concerns. 

This action is subject to the 

Congressional Review Act, and 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 30, 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: October 28, 2024. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, EPA 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 II—North Carolina 

■ 2. In § 52.1770, in paragraph (c)(2), 

amend table EPA-Approved Forsyth 

County Regulations by revising the 

entry for ‘‘Rule .0535’’ to read as 

follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(c) * * * 

(2) EPA-APPROVED FORSYTH COUNTY REGULATIONS

Citation Title/subject 

County 

effective 

date 

EPA approval 

date Explanation 

*******

Section .0500 Emission Control Standards 

*******

Rule .0535 Excess Emissions 

Reporting and Malfunctions.

7/14/2022 10/31/2024, [Insert 

first page of Federal Register citation].

Except for the last sentence of paragraph (f), which is retained 

with a local effective date of September 14, 1998. Except for 

language providing exemptions for emissions exceeding otherwise applicable SIP emission limitations during startup and shutdown at paragraph (c) and malfunctions at paragraph (g); paragraph (c) reads only, ‘‘(Paragraph (c) is not included in Forsyth 

County’s portion of the State Implementation Plan.)’’ and paragraph (g) reads only, ‘‘(Paragraph (g) is not included in Forsyth 

County’s portion of the State Implementation Plan.).’’ 

* * * * * * * 


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86758 Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Rules and Regulations 

* * * * * 

[FR Doc. 2024–25392 Filed 10–30–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 139 

[EPA–HQ–OW–2019–0482; FRL 7218–04– 

OW] 

RIN 2040–AF92 

Vessel Incidental Discharge National 

Standards of Performance; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is correcting 

an error found in the Vessel Incidental 

Discharge National Standards of 

Performance final rule. The final rule 

appeared in the Federal Register on 

October 9, 2024. This correction 

removes a footnote superscript number 

‘‘1’’ that was included in error, as there 

is no accompanying footnote text. 

DATES: This correction is effective on 

November 8, 2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OW–2019–0482. 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., 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 electronically through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Jack 

Faulk, Oceans, Wetlands, and 

Communities Division, Office of Water 

(4504T), Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW, Washington, DC 20460; telephone 

number: (202) 564–0768; email address: 

faulk.jack@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA is 

correcting the final rule that published 

in the Federal Register of Wednesday, 

October 9, 2024, (89 FR 82074); FRL– 

7218–01– OW to address an inadvertent 

error made of including a footnote 

superscript number ‘‘1’’ to the subpart 

heading ‘‘Appendix A to Part 139— 

Federally-Protected Waters’’. 

Correction 

In FR Doc. 2024–22013 appearing at 

89 FR 82074 in the Federal Register of 

Wednesday, October 9, 2024, the 

following correction is made: 

Appendix A to Part 139—FederallyProtected Waters [Corrected] 

■ 1. On page 82145, in the second 

column, the subpart heading ‘‘Appendix 

A to Part 139—Federally-Protected 

Waters 1’’ is corrected to read 

‘‘Appendix A to Part 139—FederallyProtected Waters’’. 

Bruno Pigott, 

Principal Deputy Assistant Administrator. 

[FR Doc. 2024–25362 Filed 10–30–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 262 

[EPA–HQ–OLEM–2021–0609; FRL–7308– 

04–OLEM] 

RIN 2050–AH12 

Integrating e-Manifest With Hazardous 

Waste Exports and Other ManifestRelated Reports, PCB Manifest 

Amendments, and Technical 

Corrections; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction. 

SUMMARY: The Environmental Protection 

Agency (EPA) or (the Agency) is making 

four minor corrections to a final rule 

that appeared in the Federal Register on 

July 26, 2024. The final rule related to 

regulatory changes to incorporate export 

manifests and other manifest-related 

reports (i.e., Discrepancy, Exception, 

and Unmanifested Waste Reports) into 

e-Manifest as well as other changes 

related to manifests, including for 

polychlorinated biphenyls under the 

Toxic Substances Control Act. 

DATES: This final rule is effective on 

January 22, 2025. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OLEM–2021–0609. 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., 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 electronically through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Bryan Groce, Program Implementation 

and Information Division, Office of 

Resource Conservation and Recovery, 

Environmental Protection Agency; (202) 

566–0339; email address: groce.bryan@

epa.gov or David Graham, Program 

Implementation and Information 

Division, Office of Resource 

Conservation and Recovery, 

Environmental Protection Agency; (202) 

566–2847; email address: 

graham.david@epa.gov. In addition, 

please refer to EPA’s e-Manifest web 

page for further information: 

www.epa.gov/e-manifest. 

SUPPLEMENTARY INFORMATION: This 

action corrects four minor errors to 

certain regulatory amendments 

established in the July 26, 2024, final 

rule (89 FR 60692) for 40 CFR 262.21, 

262.42, and 262.83. 

With respect to the regulatory 

amendments at § 262.21, the July 26 

final rule established revised printing 

specification requirements at 

§ 262.21(f)(6) and (7) for the new fourcopy paper manifest (EPA Form 8700– 

22) and continuation sheet (EPA Form 

8700–22A) forms. Section 262.21(f)(6) 

describes the revised copy distribution 

requirements to be printed on each copy 

of the new four-copy manifest (EPAForm 8700–22) and continuation sheet 

(EPA Form 8700–22A). Section 

262.21(f)(7) describes the revised 

printing specifications for printing the 

appropriate manifest instructions on the 

back of the form copies. Although, EPA 

finalized the manifest forms themselves 

by revising the wording of the 

distribution scheme in the bottom right 

margins of the forms and by moving the 

instructions on the reverse side of Page 

2 (‘‘Designated Facility to Generator’’ 

copy) to the reverse side of Page 1 (top 

copy) of the manifest forms, EPA 

inadvertently did not make these 

conforming changes in the regulatory 

text at § 262.21(f)(6) and (7). This 

includes adding two instances of ‘‘U.S.’’ 

to the Page 1 (top copy) text and making 

changes for use of capitalization in 

Pages 1–4. To correct these errors, this 

action revises paragraph § 262.21(f)(6) 

so that the words indicating copy 

distribution exactly match the words 

shown at the bottom right margin of 

each copy of the new four-copy manifest 

forms. Similarly, and in addition, this 

action corrects § 262.21(f)(7) to match 

the language on the new four-copy 

manifest form—i.e., to require that 

commercial printers authorized by EPA 

to produce the manifest forms print the 

instructions for designated facilities and 


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