89942 Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Proposed Rules 

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision-Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2024–1001 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the Search Results column, 

and click on it. Then click on the 

Comment option. If you cannot submit 

your material by using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this proposed rule 

for alternate instructions. 

Viewing material in docket. To view 

documents mentioned in this proposed 

rule as being available in the docket, 

find the docket as described in the 

previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. Also, if you click 

on the Dockets tab and then the 

proposed rule, you should see a 

‘‘Subscribe’’ option for email alerts. The 

option will notify you when comments 

are posted, or a final rule is published. 

We review all comments received, but 

we will only post comments that 

address the topic of the proposed rule. 

We may choose not to post off-topic, 

inappropriate, or duplicate comments 

that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard is proposing 

to amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. In § 165.801, amend Table 7, by 

adding item 8 to read as follows: 

§ 165.801 Annual fireworks displays and 

other events in the Eighth Coast Guard 

District requiring safety zones. 

* * * * * 

TABLE 7 OF § 165.801—SECTOR MOBILE ANNUAL AND RECURRING MARINE EVENTS

Date Sponsor/name Sector mobile location Safety zone 

*******

8. 3rd or 4th Saturday or Sunday 

of September.

Swim Across the Bay .................... St. Louis Bay, Bay St. Louis, MS St. Louis Bay, bounded by the following coordinates beginning at: 

30°19.133′ N, 89°19.317′ W, 

thence to 

30°18.967′ N 89°17.417′ W, 

thence to 

30°18.367′ N, 89°19.650′ W, 

thence to 

30°18.300′ N, 89°17.567′ W, then 

back to the point of origin. 

Dated: November 5, 2024. 

M.O. Vega, 

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

Port Sector Mobile. 

[FR Doc. 2024–26508 Filed 11–13–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2024–0433: FRL–12248– 

01–R10] 

Air Plan Approval; Washington; 

Spokane Regional Clean Air Agency, 

General Air Quality Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Washington State 

Implementation Plan (SIP) that were 

submitted by the Department of Ecology 

(Ecology) in coordination with the 

Spokane Regional Clean Air Agency 

(SRCAA). In 2021, the EPA approved a 

comprehensive update to the SRCAA 

general air quality regulations in the 

SIP, which include new source review 

permitting requirements as well as other 

general requirements for sources 

regulated under SRCAA’s jurisdiction. 

In this action, the EPA proposes to 

approve additional updates to the 

SRCAA general air quality regulations 

promulgated since our comprehensive 

approval in 2021. 

DATES: Comments must be received on 

or before December 16, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2024–0433 at https:// 


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1See our February 24, 2021 proposed rulemaking 

(86 FR 11204). 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from 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. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt, EPA Region 10, 1200 Sixth 

Avenue—Suite 155, Seattle, WA 98101, 

at (206) 553–0256, or hunt.jeff@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background for Proposed Action

A. Recodification of the Washington Clean

Air Act and Other Miscellaneous

Revisions

B. Revision to the Source Categories

Subject to Registration

C. Revision to Minor New Source Review

Permitting Applicability Thresholds

D. Use of Woodstoves During Emergency

Power Outages

II. The EPA’s Proposed Action

A. Proposed Revisions to the Incorporation

by Reference Section of the SIP

B. Approved But Not Incorporated by

Reference Regulations

III. Incorporation by Reference

IV. Statutory and Executive Order Reviews

I. Background for Proposed Action

On May 10, 2021, the EPA approved

a comprehensive update of the general 

air quality regulations, codified in 

SRCAA Regulation I, into the SIP (86 FR 

24718). Under the Washington Clean 

Air Act, local clean air agencies may 

adopt equally stringent or more 

stringent requirements to apply in lieu 

of Ecology’s Statewide general air 

quality regulations for sources regulated 

under the local agency’s jurisdiction, if 

they so choose.1 SRCAA’s jurisdiction 

covers the geographic area of Spokane 

County, with certain exceptions. By 

statute, SRCAA does not have authority 

for sources under the jurisdiction of the 

Energy Facility Site Evaluation Council 

(EFSEC). See Revised Code of 

Washington Chapter 80.50. Under the 

applicability provisions of Washington 

Administrative Code (WAC) 173–405– 

012, 173–410–012, and 173–415–012, 

SRCAA does not have jurisdiction for 

kraft pulp mills, sulfite pulping mills, 

and primary aluminum plants. For these 

sources, Ecology retains Statewide, 

direct jurisdiction. Ecology and EFSEC 

also retain Statewide, direct jurisdiction 

for issuing permits under the Prevention 

of Significant Deterioration (PSD) 

program for major stationary sources in 

attainment areas. Lastly, SRCAA does 

not have jurisdiction on Indian 

reservations and any other area where 

the EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. The regulations approved 

and incorporated by reference into the 

SIP for SRCAA’s specific jurisdiction 

can be found at 40 CFR 52.2470(c), 

Table 9—Additional Regulations 

Approved for the Spokane Regional 

Clean Air Agency (SRCAA) Jurisdiction. 

The version of Regulation I approved in 

the SIP includes updates promulgated 

by SRCAA effective as of September 1, 

2020. SRCAA subsequently 

promulgated an update to Regulation I 

effective July 15, 2023 (Washington 

State Register 23–12–060 included in 

the docket for this action). 

A. Recodification of the Washington

Clean Air Act and Other Miscellaneous

Revisions

Effective June 11, 2020, the State 

legislature recodified the Washington 

Clean Air Act from Revised Code of 

Washington (RCW) 70.94 to RCW 

70A.15. Local air agencies were 

encouraged to update affected rules to 

reflect new statutory references by July 

1, 2025. This change affected SRCAA 

sections 1.01, 1.04, 2.01, 2.03, 2.04, 

2.05, 2.08, 2.11, 2.12, 4.04, 5.02, 5.04, 

5.05, 5.07, 5.08, 5.10, 5.13, 6.04, 8.03, 

8.07, 8.08, 8.09, and 8.10, which were 

submitted for reapproval in the SIP. In 

addition to the recodification, SRCAA 

made other generally minor 

typographical and formatting changes. 

Comprehensive redline/strikeout 

versions of each updated section of 

Regulation I are included in the docket 

for this action, as well as the EPA’s 

analysis of the revisions proposed for 

approval in this action. Therefore, the 

relatively minor citation updates, 

formatting changes, and typographical 

revisions are not restated here. 

The most substantive proposed 

change, other than the changes 

described in sections I.B. and I.C. of this 

preamble, relates to Regulation I, section 

2.08 Falsification of Statements or 

Documents, and Treatment of 

Documents. Previously, as part of the 

2021 comprehensive update, SRCAA 

submitted only subsections (E) and (F) 

because they had direct corollaries in 

the WAC. In this update, SRCAA 

submitted, and the EPA is proposing to 

approve subsections (A) through (D) 

which contain additional provisions 

regarding the treatment of documents, 

the prevention of falsifying documents, 

and the prohibition against making false 

or misleading statements to an 

authorized representative of the SRCAA 

Board of Directors. 

B. Revision to the Source Categories

Subject to Registration

Effective March 9, 2023, as part of 

Washington State Register 23–05–21 

included in the docket for this action, 

SRCAA removed marijuana producers 

and processors from the list of source 

categories subject to regulation under 

SRCAA section 4.04. We note that in 

our prior approval of SRCAA Regulation 

I, the EPA did not include the marijuana 

provisions in subsections (A)(3)(u), 

(A)(3)(v), and (A)(5)(e)(9) formerly 

contained in SRCAA section 4.04, 

because provisions related to odor and 

nuisance are outside the scope of the 

SIP (86 FR 24718, May 10, 2021). 

However, removal of these provisions 

affected the codification of citations for 

other provisions approved in the SIP. 

Therefore, the EPA is proposing to 

approve the updated version of section 

4.04, including the minor typographical 

and statutory citation revisions 

discussed above in section I.A. of this 

preamble, to reflect the recodification of 

citations for the remaining SIP-approved 

provisions in section 4.04. SRCAA also 

made a minor revision to section 5.02 

New Source Review Applicability and 

When Required to reflect the removal of 

marijuana producers and processors in 

subsection (I)(1)(b). While this provision 

is also outside the scope of the SIP, 

removal of subsection (I)(1)(b) resulted 

in recodification of the former 

subsection (I)(1)(c), discussed below in 

section I.C. of this preamble, to (I)(1)(b). 

C. Revision to Minor New Source Review

Permitting Applicability Thresholds

As discussed in the proposed 

rulemaking for our 2021 update of 

Regulation I in the SIP, SRCAA uses a 

registration-based, source category 

approach in section 4.04 Stationary 

Sources and Source Categories Subject 

to Registration for determining minor 

new source review (NSR) applicability 

under Regulation I, Article V New 


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2Subsection 4.04(A)(5)(b) relates solely to 

thresholds for toxic air pollutants regulated under 

Chapter 173–460 Washington Administrative Code 

which is not part of the SIP. See 88 FR 24718 (May 

10, 2021). 

3The EPA designated the Spokane area as 

nonattainment for the 1971 carbon monoxide 

NAAQS and the 1987 particulate matter (PM10) 

NAAQS. The EPA redesignated the Spokane area to 

‘‘attainment’’ for both pollutants in August 2005 

and has designated the Spokane area as 

‘‘unclassifiable/attainment’’ for all subsequent 

NAAQS revisions. 

Source Review for Stationary Sources 

and Portable Sources (see 86 FR 11204, 

February 24, 2021, at page 11206). 

Under subsection 5.02(I), not all source 

categories subject to registration require 

NSR permits. In our 2021 update, 

SRCAA did not submit, and the EPA did 

not approve, subsection 5.02(I) 

Stationary Sources Exempt from Article 

V because the source categories at the 

time related primarily to the regulation 

of odor and air toxics which are not 

criteria pollutants and which are 

outside the scope of the SIP. 

As part of SRCAA’s update to 

Regulation I, SRCAA added a new 

provision (c) under subsection 5.02(I)(1) 

related to surface coating, which could 

impact criteria pollutants or precursors 

to criteria pollutants. Subsection 

5.02(I)(1)(c) continues to require surface 

coating operations with the potential to 

emit (PTE) emissions above 100 pounds 

per year to register as a source category 

listed under section 4.04. However, for 

sources that only use non-spray 

application methods (e.g., roller coat, 

brush coat, flow coat, or pre-packaged 

aerosol can) a minor NSR permit is not 

required unless PTE emissions are 

above 1,000 pounds per year for any 

single criteria pollutant or its precursors 

under subsection 4.04(A)(5)(a) or a 

combination of air contaminants under 

subsections 4.04(A)(5)(c) and (d).2 As 

discussed in the analysis of section 5.02 

included in the docket for this action, 

SRCAA explained that for a non-spray 

operation there are few substantive 

permit requirements that could be put 

in place. For example, with roll or dip 

coating there is no overspray and 

therefore, no need for a filtered booth to 

control particulate matter emissions. For 

larger operations above the thresholds 

in subsections 4.04(A)(5)(a), (c), and (d), 

SRCAA explained that there could be 

some technology or air quality 

requirements that should be reviewed in 

the context of a minor NSR permit. 

Similarly, subsection 5.02(I)(1)(b), not 

previously submitted as part of the SIP, 

contains a minor NSR permitting 

exemption for small motor vehicle or 

motor vehicle component surface 

coating operations with PTE below 100 

pounds per year. To the extent that 

these small-scale operations may have 

criteria pollutant impacts, SRCAA 

explained that if there are overspray 

emissions, or other impacts outside the 

scope of the SIP such as odors or toxic 

air pollutant emissions above the small 

quantity emission rates listed in Chapter 

173–460 WAC, the source will no longer 

qualify for the exemption and must 

obtain a minor NSR permit for a paint 

booth. 

We are proposing to determine that 

the minor NSR applicability thresholds 

in subsections 5.02(I)(1)(b) and (c) are 

reasonable because emissions at these 

low thresholds are highly unlikely to 

impact continued attainment and 

maintenance of the national ambient air 

quality standards (NAAQS) for criteria 

pollutants in the Spokane area.3

Therefore, we are proposing to approve 

the revised subsection 5.02(I) into the 

SIP as it relates to the regulation of 

criteria pollutants under Clean Air Act 

section 110. We note that SRCAA did 

not submit, and the EPA is not 

proposing to approve, subsection 

5.02(I)(1)(a) because this provision 

regulates nuisance and odor which are 

outside the scope of the SIP. We are also 

not proposing to approve the 

application of any provision in 

5.02(I)(1), or elsewhere in Regulation I, 

to toxic air pollutants regulated under 

Chapter 173–460 WAC, because 

regulation of toxic air pollutants is also 

outside the scope of the SIP. 

D. Use of Woodstoves During Emergency 

Power Outages 

On September 28, 2015, the EPA 

approved Regulation I, Article VIII Solid 

Fuel Burning Device Standards (80 FR 

58216). There were no changes to 

Article VIII as part of our 2021 update 

to the SIP because these provisions 

remained unchanged since last adopted 

in 2014. However, in the rule update, 

focused primarily on the recodification 

of the Washington Clean Air Act, 

SRCAA also incorporated another recent 

revision to the Washington Clean Air 

Act. Effective June 9, 2016, the 

Washington State Legislature voted 

unanimously to approve House Bill 

2785 included in the docket for this 

action. This bill modified the 

Washington Clean Air Act, among other 

changes, to clarify that ‘‘Nothing in this 

section restricts a person from burning 

wood in a solid fuel burning device, 

regardless of whether a burn ban has 

been called, if there is an emergency 

power outage.’’ SRCAA modified 

Regulation I, section 8.08 Exemptions, 

which the EPA previously approved in 

the SIP, to reflect this statutory change 

in subsection 8.08(A)(4) and requested 

removal of subsection 8.08(A)(4) from 

the SIP. We are proposing to remove 

subsection 8.08(A)(4) from the SIP 

because removal of this exemption from 

otherwise-applicable SIP requirements 

will strengthen the SIP. Therefore, we 

believe this change meets the 

requirements of CAA section 110(l). 

SRCAA also added a definition for 

‘‘Emergency Power Outage’’ in 

subsection 8.03(A)(6), which SRCAA 

did not submit as part of the SIP. 

The remainder of the changes to 

Article VIII are syntax, formatting, and 

citation updates. These changes, along 

with the EPA’s analyses of the Article 

VIII sections submitted for approval, are 

included in the docket for this action 

and are not restated here. With the 

exceptions noted above, we are 

proposing to approve the revisions to 

Article VIII consistent with the same 

exclusions as our 2015 approval. 

II. The EPA’s Proposed Action 

A. Proposed Revisions to the 

Incorporation by Reference Section of 

the SIP 

The EPA is proposing to approve and 

incorporate by reference into the 

Washington SIP at 40 CFR 52.2470(c)— 

Table 9—Additional Regulations 

Approved for the Spokane Regional 

Clean Air Agency (SRCAA) Jurisdiction, 

the updated SRCAA regulations listed 

in the following table for sources within 

SRCAA’s jurisdiction. Approval of the 

revised version of SRCAA Regulation I 

section 8.08 would have the effect of 

removing subsection 8.08(A)(4), as 

described in section I.C. of this 

preamble. Unless otherwise noted in 

section I of this preamble, the EPA is 

approving revisions to the regulations in 

the following table consistent with the 

same conditions and exceptions as our 

prior 2015 and 2021 approvals. 


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UPDATED SPOKANE REGIONAL CLEAN AIR AGENCY REGULATIONS

State/local 

citation Title/subject 

State/local 

effective 

date 

Explanation 

Spokane Regional Clean Air Agency Regulation I 

1.01 .................. Policy ................................................................ 7/15/23 Subsections (A) and (B) replace WAC 173–400–010. 

1.04 .................. General Definitions ........................................... 7/15/23 Except subsections (17), (41), (52), (60), (74), (101), (112), 

(119), and (122). Section 1.04 replaces WAC 173–400–030 

except the following WAC 173–400–030 definitions adopted 

by reference in subsection 2.14(A)(1): Adverse Impact on 

Visibility; Capacity Factor; Class I Area; Dispersion Technique; Emission Threshold; Excess Stack Height; Existing 

Stationary Facility; Federal Class I Area; Federal Land Manager; Fossil Fuel-fired Steam Generator; General Process 

Unit; Greenhouse Gases; Industrial Furnace; Mandatory 

Class I Federal Area; Natural Conditions; Projected Width; 

Reasonably Attributable; Sulfuric Acid Plant; and Wood 

Waste. 

2.08 .................. Falsification of Statements or Documents, and 

Treatment of Documents.

7/15/23 Subsection (E) replaces WAC 173–400–105(6). Subsection 

(F) replaces WAC 173–400–105(8). 

2.13 .................. Federal and State Regulation Reference Date 7/15/23 Subsection (A) replaces WAC 173–400–025. 

4.04 .................. Stationary Sources and Source Categories 

Subject to Registration.

7/15/23 Except subsection (A)(5)(b) or any other provision as it relates 

to the regulation of toxic air pollutants or odors. 

5.02 .................. New Source Review—Applicability and when 

Required.

7/15/23 Except subsections (C)(5), (I)(1)(a), or any other provision as 

it relates to the regulation of toxic air pollutants or odors. 

Section 5.02 replaces WAC 173–400–110. Subsection (F) 

replaces WAC 173–400–111(2). 

5.04 .................. Information Required ........................................ 7/15/23 Except subsection (A)(8). Collectively, sections 5.04, 5.06, 

5.07, 5.10, 5.13, and 5.14 replace the permitting procedures 

in WAC 173–400–111. 

5.05 .................. Public Involvement ............................................ 7/15/23 Except subsection (C)(15). Section 5.05 replaces WAC 173– 

400–171. 

5.07 .................. Processing NOC Applications for Stationary 

Sources.

7/15/23 Except subsections (A)(1)(g) and (B). Collectively, sections 

5.04, 5.06, 5.07, 5.10, 5.13, and 5.14 replace the permitting 

procedures in WAC 173–400–111, and subsection 

5.07(A)(7) replaces WAC 173–400–110(2)(a). 

5.08 .................. Portable Sources .............................................. 7/15/23 Except subsection (A)(6). Section 5.08 replaces WAC 173– 

400–036. 

5.10 .................. Changes to an Order of Approval or Permission to Operate.7/15/23 Collectively, sections 5.04, 5.06, 5.07, 5.10, 5.13, and 5.14 replace the permitting procedures in WAC 173–400–111. 

5.13 .................. Order of Approval Construction Time Limits .... 7/15/23 Collectively, sections 5.04, 5.06, 5.07, 5.10, 5.13, and 5.14 replace the permitting procedures in WAC 173–400–111. 

6.04 .................. Emission of Air Contaminant: Detriment to 

Person or Property.

7/15/23 Subsections (A), (B), (C), and (H) only and excepting provisions in RCW 70A.15.4530 (incorporated by reference) that 

relate to odor. Subsection (C) replaces WAC 173–400– 

040(6). 

8.01 .................. Purpose ............................................................. 7/15/23 

8.02 .................. Applicability ....................................................... 7/15/23 

8.03 .................. Definitions ......................................................... 7/15/23 Except subsection (A)(6). 

8.04 .................. Emission Performance Standards .................... 7/15/23 Except the incorporation by reference of WAC 173–433–130, 

173–433–170, and 173–433–200. 

8.05 .................. Opacity Standards ............................................ 7/15/23 

8.06 .................. Prohibited Fuel Types ....................................... 7/15/23 

8.07 .................. Curtailment ........................................................ 7/15/23 

8.08 .................. Exemptions ....................................................... 7/15/23 Except subsection (A)(4). 

8.09 .................. Procedure to Geographically Limit Solid Fuel 

Burning Devices.

7/15/23 

8.10 .................. Restrictions on Installation of Solid Fuel Burning Devices.7/15/23 

B. Approved But Not Incorporated by 

Reference Regulations 

In addition to the regulations 

proposed for approval and 

incorporation by reference in section 

II.A. of this preamble, the EPA reviews 

and approves State and local clean air 

agency submissions to ensure they 

provide adequate enforcement authority 

and other general authority to 

implement and enforce the SIP. 

However, regulations describing such 

agency enforcement and other general 

authority are generally not incorporated 

by reference so as to avoid potential 

conflict with the EPA’s independent 

authorities. Therefore, we are proposing 

to approve but not incorporate by 

reference revisions, effective July 15, 

2023, to SRCAA sections 2.01, 2.03, 

2.04, 2.05, 2.11, 2.12, and 8.11 in 40 

CFR 52.2470(e), EPA Approved 

Nonregulatory Provisions and QuasiRegulatory Measures. 

III. Incorporation by Reference 

In this document, the EPA is 

proposing to include in a final rule 

regulatory text that includes 


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89946 Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Proposed Rules 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference the updated 

regulations shown in the table in section 

II.A. and discussed in section I of this 

document. The EPA has made, and will 

continue to make, these documents 

generally available through https://

www.regulations.gov and at the EPA 

Region 10 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

IV. 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 Clean Air 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 

proposed 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 proposed 

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, 

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. 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 air agency did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the Clean Air 

Act and applicable implementing 

regulations neither prohibit nor require 

such an evaluation. The EPA did not 

perform an EJ analysis and did not 

consider EJ in this action. Due to the 

nature of this action, it 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 environmental 

justice for communities with EJ 

concerns. 

In addition, this proposed action 

would not apply on any Indian 

reservation land or in any other area 

where the 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 as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000). 

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: November 1, 2024. 

Casey Sixkiller, 

Regional Administrator, Region 10. 

[FR Doc. 2024–26171 Filed 11–13–24; 8:45 am] 

BILLING CODE 6560–50–P 


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