88694 Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Proposed Rules 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. Therefore, this action 

is not subject to Executive Order 13045 

because it is merely proposing a limited 

approval and limited disapproval of 

state law as meeting federal 

requirements. Furthermore, the EPA’s 

Policy on Children’s Health does not 

apply to this action. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Section 12(d) of the NTTAA directs 

the EPA to use voluntary consensus 

standards in its regulatory activities 

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 Population 

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 State 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. 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 Executive Order 

12898 of achieving EJ for communities 

with EJ concerns. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: November 2, 2024. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2024–25947 Filed 11–7–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 257 

[EPA–HQ–OLEM–2020–0107; FRL–7814.1– 

01–OLEM] 

RIN 2050–AH34 

Hazardous and Solid Waste 

Management System: Disposal of Coal 

Combustion Residuals From Electric 

Utilities; Legacy CCR Surface 

Impoundments; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) is 

proposing to correct three errors 

published in the Federal Register on 

May 8, 2024. This May 8, 2024 rule 

(Legacy Final Rule) established 

regulatory requirements for legacy coal 

combustion residuals (CCR) surface 

impoundments and CCR management 

units, among other things, under the 

Resource Conservation and Recovery 

Act (RCRA). This proposal seeks 

comment on issues discussed in the 

direct final rule to correct three errors in 

the Legacy Final Rule. 

DATES: Comments must be received on 

or before December 9, 2024. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–HQ– 

OLEM–2020–0107, by any of the 

following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov/ (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Office of Land and Emergency 

Management (OLEM) Docket, Mail Code 

28221T, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460. 

• Hand Delivery or Courier (by 

scheduled appointment only): EPA 

Docket Center, WJC West Building, 

Room 3334, 1301 Constitution Avenue 

NW, Washington, DC 20004. The Docket 

Center’s hours of operations are 8:30 

a.m.–4:30 p.m., Monday–Friday (except 

Federal Holidays). 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received may be 

posted without change to https:// 

www.regulations.gov/, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: For 

questions concerning this proposal, 

contact Taylor Holt, Office of Resource 

Conservation and Recovery, Materials 

Recovery and Waste Management 

Division, Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW, MC: 5304T, Washington, DC 

20460; telephone number: (202) 566– 

1439; email address: Holt.Taylor@

epa.gov, or Frank Behan, Office of 

Resource Conservation and Recovery, 

Materials Recovery and Waste 

Management Division, Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue NW, MC: 5304T, Washington, 

DC 20460; telephone number: (202) 

566–0531; email address: Behan.Frank@

epa.gov. For more information on this 

rulemaking please visit https:// 

www.epa.gov/coalash. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation—Written 

Comments 

Submit your comments, identified by 

Docket ID No. EPA–HQ–OLEM–2020– 

0107, at https://www.regulations.gov 

(our preferred method), or the other 

methods identified in the ADDRESSES

section. 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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Proposed Rules 88695 

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. 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-epadockets. 

II. General Information 

A. Does this action apply to me? 

This rule may be of interest to electric 

utilities and independent power 

producers that fall within the North 

American Industry Classification 

System (NAICS) code 221112. The 

reference to NAICS code 221112 is not 

intended to be exhaustive, but rather 

provides a guide for readers regarding 

entities likely to be regulated by this 

action. This discussion lists the types of 

entities that EPA is now aware could 

potentially be regulated by this action. 

Other types of entities not described 

here could also be regulated. To 

determine whether your entity is 

regulated by this action, you should 

carefully examine the applicability 

criteria found in 40 CFR 257.50 of title 

40 of the Code of Federal Regulations. 

If you have questions regarding the 

applicability of this action to a 

particular entity, consult the persons 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

B. What action is the Agency taking? 

EPA is proposing to correct errors in 

the Legacy Final Rule published in the 

Federal Register on May 8, 2024, which 

established regulatory requirements for 

legacy CCR surface impoundments and 

CCR management units (CCRMU). 

In the ‘‘Rules and Regulations’’ 

section of this Federal Register, EPA 

has also published a direct final rule for 

this same action because the Agency 

views this as a noncontroversial action 

and anticipates no adverse comment. 

EPA has explained the reasons for this 

in the preamble to the direct final rule. 

This proposed rule provides an 

opportunity for the public to comment 

on the issues discussed in the preamble 

to the direct final rule. 

In light of the narrow purpose of this 

rule to conform the regulatory text to the 

final actions described in the Legacy 

Final Rule, EPA is only soliciting 

comment on whether the changes in the 

direct final rule conform the text to 

EPA’s stated intent in the Legacy Final 

Rule preamble. EPA is not 

reconsidering, proposing to reopen, or 

otherwise soliciting comment on any 

provisions of the Legacy Final Rule 

itself. For the reader’s convenience, EPA 

has provided a background description 

of individual provisions in the Legacy 

Final Rule in several places throughout 

the direct final rule preamble. These 

descriptions do not reopen the 

underlying described provisions, but 

merely explain the context to inform the 

public of the basis for this action’s 

technical corrections. EPA will not 

respond to comments submitted on any 

issues other than those specifically 

identified in the direct final rule, and 

such comments will not be considered 

part of the rulemaking record. 

If EPA receives no adverse comment 

on the corrections in the direct final 

rule, the Agency will not take further 

action on this proposed rule and the 

direct final rule will become effective as 

provided in that action. If EPA does 

receive adverse comment, EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

about the specific regulatory 

paragraph(s) or amendment(s) in the 

direct final rule that will not take effect. 

The corrections in the direct final rule 

that are not withdrawn will become 

effective on the date set out above. EPA 

will address all public comments in any 

subsequent final rule based on this 

proposed rule. 

EPA does not intend to institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. For further 

information about commenting on this 

proposed rule see the ADDRESSES section 

of this document. 

C. What is the Agency’s authority for 

taking this action? 

EPA is publishing this rulemaking 

under the authority of sections 

1008(a)(3), 2002(a), 4004, and 4005(a), 

(d) of the Solid Waste Disposal Act of 

1970, as amended by the Resource 

Conservation and Recovery Act of 1976 

(RCRA), as amended by the Hazardous 

and Solid Waste Amendments of 1984 

(HSWA) and the Water Infrastructure 

Improvements for the Nation (WIIN) Act 

of 2016, 42 U.S.C. 6907(a), 6912(a), 

6944, 6945(a) and (d). 

D. Where is the location of regulatory 

text for this proposal? 

The regulatory text for this proposal is 

identical to that for the direct final rule 

published in the Rules and Regulations 

section of this Federal Register. For 

further supplemental information, the 

detailed rationale for the proposal, and 

the regulatory revisions, see the 

information provided in the direct final 

rule published in the Rules and 

Regulations section of this Federal 

Register. 

III. Statutory and Executive Order 

(E.O.) Reviews 

For a complete discussion of all of the 

administrative requirements applicable 

to this action, see the direct final rule in 

the Rules and Regulations section of this 

Federal Register. 

List of Subjects in 40 CFR Part 257 

Environmental protection, Beneficial 

use, Coal combustion products, Coal 

combustion residuals, Coal combustion 

waste, Disposal, Hazardous waste, 

Landfill, Surface impoundment. 

Michael S. Regan, 

Administrator. 

[FR Doc. 2024–25751 Filed 11–7–24; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 14 and 64 

[WC Docket Nos. 23–62, 12–375; Report No. 

3221; FR ID 258977] 

Incarcerated People’s Communication 

Services; Implementation of the Martha 

Wright-Reed Act; Rates for Interstate 

Inmate Calling Services 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice of Petitions for 

Reconsideration of Action in 

Rulemaking Proceeding. 

SUMMARY: Petitions for Reconsideration 

(Petitions) have been filed in the 

Commission’s proceeding by Stephen A. 

Raher; Zainab Alkebsi on behalf of Deaf 

Equality and AnnMarie Killian on 

behalf of TDIAccess; Glenn S. Richards 

and Lee G. Petro on behalf of Network 

Communications International 

Corporation d/b/a NCIC Correctional 

Services; and Michal J. Nowicki on 

behalf of HomeWAV, LLC. 

DATES: Oppositions to the Petitions 

must be filed on or before November 25, 

2024. Replies to oppositions to the 

Petitions must be filed on or before 

December 5, 2024. 


ddrumheller on DSK120RN23PROD with PROPOSALS1