92600 Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Rules and Regulations 

circuit by January 21, 2025. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule 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) of the CAA). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Particulate 

matter, Sulfur oxides. 

Dated: November 14, 2024. 

Cesar Zapata, 

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, amend the table in 

paragraph (e) by adding an entry for 

‘‘Regional Haze Plan—Second Planning 

Period’’ at the end of the table to read 

as follows: 

§ 52.1770 Identification of plan. 

(e) * * * 

EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS

Provision State effective 

date 

EPA approval 

date 

Federal Register 

citation Explanation 

*******

Regional Haze 

Plan—Second 

Planning Period.

4/4/2022 11/22/2024 [Insert first page of 

Federal Register 

citation].

Approval of the portions of the Haze Plan addressing the requirements of 40 CFR 51.308(f)(1), (f)(4)–(6), and (g)(1)–(5). 

Disapproval of the portions of the Haze Plan addressing the 

requirements of 40 CFR 51.308(f)(2), (f)(3), and (i)(2)–(4). 

■ 3. Section 52.1776 is added to read as 

follows: 

§ 52.1776 Visibility protection. 

(a) Disapproval. On April 4, 2022, the 

North Carolina Department of 

Environmental Quality, Division of Air 

Quality submitted a revision to its SIP 

to address regional haze for the second 

planning period. The portions of this 

SIP revision addressing the 

requirements of 40 CFR 51.308(f)(2) and 

(3) and (i)(2) through (4) are 

disapproved. 

(b) [Reserved] 

[FR Doc. 2024–26980 Filed 11–21–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2024–0184; FRL–11968– 

02–R5] 

Air Plan Approval; Wisconsin; 

Nitrogen Oxide Emissions Control 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving Wisconsin’s 

additions and amendments to chapters 

NR 400, NR 428, and NR 484 of the 

Wisconsin Administrative Code (Wis. 

Adm. Code). These changes clarify 

existing requirements and ensure clear 

and consistent implementation of 

Wisconsin’s control requirements for 

emissions of nitrogen oxide (NOX). EPA 

proposed to approve this action on July 

17, 2024, and received no comments. 

DATES: This final rule is effective on 

December 23, 2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2024–0184. 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), Proprietary Business 

Information (PBI), 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 through https://

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Katie 

Mullen, at (312) 353–3490 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Katie Mullen, Air and Radiation 

Division (AR 18J), Air and Radiation 

Division (AR18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 353–3490, 

mullen.kathleen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. Background Information 

Wisconsin’s April 10, 2024, submittal 

requested that EPA approve revisions to 

NOX control requirements in chapters 

NR 400, NR 428, and NR 484 of the Wis. 

Adm. Code. Wisconsin’s proposed 

revisions clarify emission limits for 

units using more than one type of fuel, 

incorporate procedures for approving a 

site-specific emission limit alternative 

to ensure that limits are achievable in 

practice, revise and clarify existing 

compliance and monitoring 

requirements, clarify an applicability 

exception, update cross references, and 

include definitions. On July 17, 2024 

(89 FR 58097), EPA proposed to approve 

revisions to NOX control requirements 

in chapters NR 400, NR 428, and NR 484 

of the Wis. Adm. Code. Specifically, 

EPA proposed to approve Wisconsin 

rule(s) 400.03(4)(mf), 428.02(7i), 

428.02(7p), 428.02(7u), 428.02(7w), 

428.04(2)(i), 428.04(4)(c), 428.05(2)(b), 

428.05(2)(f), 428.05(3)(f), 428.05(5)(c), 

428.055, 428.07(1)(a)2, 

428.08(2)(e)(title), 428.08(2)(f)(title), 

428.08(2)(g), 428.08(3), 428.21(3)(d), 

428.22(1), 428.22(3), 428.24(1)(c), and 

484.04 Table 2 Row (15m), effective 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Rules and Regulations 92601 

April 1, 2024. An explanation of the 

Clean Air Act (CAA) requirements, a 

detailed analysis of the revisions, and 

EPA’s reasons for proposing approval 

were provided in the notice of proposed 

rulemaking, and will not be restated 

here. The public comment period for 

this proposed rule ended on August 16, 

2024. EPA received no comments on the 

proposal. 

II. Final Action 

EPA is approving the revisions in NR 

400, 428, and 484 of the Wisconsin 

Administrative Code, which simply 

clarify and streamline Wisconsin’s 

existing NOX emission control 

requirements. 

III. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Wisconsin 

Regulations described in section I of this 

preamble and set forth in the 

amendments to 40 CFR part 52 below. 

EPA has made, and will continue to 

make, these documents generally 

available through https://

www.regulations.gov, and at the EPA 

Region 5 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 CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

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); 

• 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 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). 

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 WDNR 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 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 January 21, 2025. 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, Volatile 

organic compounds. 

Dated: November 4, 2024. 

Debra Shore, 

Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, title 40 CFR part 52 is 

amended 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. 

■ 2. Section 52.2570 is amended by 

adding paragraph (c)(151) to read as 

follows: 

§ 52.2570 Identification of plan. 

* * * * * 

(c) * * * 

(151) On April 10, 2024, the 

Wisconsin Department of Natural 

Resources submitted revised rules to 

clarify existing requirements and ensure 

clear and consistent implementation of 

Wisconsin’s control requirements for 

emissions of nitrogen oxide (NOX). 

(i) Incorporation by reference. The 

following sections of the Wisconsin 

Administrative Code are incorporated 

by reference. 


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92602 Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Rules and Regulations 

(A) NR 400.03(4)(mf), as published in 

the Wisconsin Register March 2024 No. 

819, effective April 1, 2024. 

(B) NR 428.02(7i), NR 428.02(7p), NR 

428.02(7u), NR 428.02(7w), NR 

428.04(2)(i), NR 428.04(4)(c), NR 

428.05(2)(b), NR 428.05(2)(f), NR 

428.05(3)(f), NR 428.05(5)(c), NR 

428.055, NR 428.07(1)(a)2, NR 

428.08(2)(e)title, NR 428.08(2)(f)title, NR 

428.08(2)(g), NR 428.08(3), NR 

428.21(3)(d), NR 428.22(1) introductory 

text, NR 428.22(3), and NR 428.24(1)(c), 

as published in the Wisconsin Register 

March 2024 No. 819, effective April 1, 

2024. 

(C) NR 484.04 Table 2 Row (15m), as 

published in the Wisconsin Register 

March 2024 No. 819, effective April 1, 

2024. 

[FR Doc. 2024–26114 Filed 11–21–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 3170 

[BLM_HQ_FRN_MO4500181705] 

RIN 1004–AF01 

Waste Prevention, Production Subject 

to Royalties, and Resource 

Conservation 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Direct final rule. 

SUMMARY: On April 10, 2024, the Bureau 

of Land Management (BLM) published a 

final rule that aims to reduce the waste 

of natural gas from venting, flaring, and 

leaks during oil and gas production 

activities on Federal and Indian leases. 

This direct final rule corrects technical 

errors in that final rule, including 

revisions to equations for consistency 

with, or to better reflect, the regulatory 

text. It separately lists definitions of the 

variables for those equations for 

increased clarity. It also corrects 

typographical errors and makes minor 

re-arrangements of provisions for better 

clarity. 

DATES: This direct final rule is effective 

on December 23, 2024, without further 

notice, unless the BLM receives 

significant adverse comment by 

December 23, 2024. If the BLM receives 

a significant adverse comment that leads 

it to conclude that the rule is 

controversial, the BLM will publish a 

timely withdrawal of this direct final 

rule in the Federal Register and the 

technical corrections described in this 

direct final rule will not go into effect. 

The incorporation by reference of 

certain material listed in the rule was 

approved by the Director of the Federal 

Register as of June 10, 2024. 

ADDRESSES: 

Mail, personal, or messenger delivery: 

U.S. Department of the Interior, Director 

(630), Bureau of Land Management, 

1849 C St. NW, Room 5646, 

Washington, DC 20240, Attention: 

1004–AF01. 

Federal eRulemaking Portal: https://

www.regulations.gov. In the Searchbox, 

enter ‘‘RIN 1004–AF01’’ and click the 

‘‘Search’’ button. Follow the 

instructions at this website. 

FOR FURTHER INFORMATION CONTACT: John 

Ajak, Acting Division Chief, Division of 

Fluid Minerals at 505–549–9654 or 

jajak@blm.gov for information about the 

final rule. Please use ‘‘RIN 1004–AF01’’ 

in the subject line. 

Individuals in the United States who 

are deaf, deafblind, hard of hearing, or 

have a speech disability may dial 711 

(TTY, TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

For a short, plain language summary 

of the direct final rule, please see the 

direct final rule summary document in 

docket BLM–2024–0001 on 

www.regulations.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This direct final rule corrects 

technical errors in 43 CFR subpart 3179 

of the final rule that published in the 

Federal Register on April 10, 2024 (89 

FR 25378), entitled, ‘‘Waste Prevention, 

Production Subject to Royalties, and 

Resource Conservation’’ (Waste 

Prevention rule). The Waste Prevention 

rule established various measures to 

reduce waste of natural gas from 

onshore Federal and Indian oil and gas 

leases, including measures that are 

intended to ensure that, when such gas 

is wasted, the public or Indian mineral 

owners are compensated for that gas 

through royalty payments. To assist in 

meeting these objectives, § 3179.71(b) 

requires operators to measure flared gas 

for high-pressure flares for volumes 

greater than 1,050 Mcf per month above 

the averaging period (as defined in 43 

CFR 3170.3). The Waste Prevention rule 

also sets out, in § 3179.71(g) and (h), 

three equations intended to be used by 

operators when reporting or allocating 

flared gas. In addition, the Waste 

Prevention rule established a Leak 

Detection and Repair (LDAR) program 

for production facilities located on 

Federal or Indian surface estates. 

API 22.3 is referenced in the 

amendatory text of this document and 

was previously approved for § 3179.71. 

II. Direct Final Rulemaking 

The BLM is publishing corrections to 

the Waste Prevention rule as a direct 

final rule. This rule merely corrects 

inadvertent errors that would otherwise 

cause unnecessary confusion for the 

operators attempting to comply with the 

reporting requirements of the Waste 

Prevention rule, but does not impose 

new requirements. None of the changes 

are inconsistent with the BLM’s 

explanation of the Waste Prevention 

rule in its preamble. Therefore, the 

Department of the Interior has 

determined that it is appropriate for this 

rule to go into effect at the close of a 30- 

day comment period unless BLM 

receives a significant adverse comment. 

A significant adverse comment is one 

that explains: (1) why the rule is 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach; or (2) why the direct final 

rule will be ineffective or unacceptable 

without additional changes. After the 

30-day comment period closes, the BLM 

will assess whether any of the 

comments received qualify as a 

significant adverse comment. If the BLM 

finds that there is a significant adverse 

comment, then it will withdraw this 

direct final rule. If no such comment is 

received, this direct final rule will 

become effective on December 23, 2024, 

without further BLM action. The BLM 

will not consider a comment 

recommending an addition to the rule to 

be significant or adverse unless the 

comment explains how this direct final 

rule would be ineffective without 

additional change. Aside from the 

technical corrections described in this 

direct final rule, this rule does not affect 

the Waste Prevention rule. 

III. Discussion 

The BLM is making technical 

corrections to Equations 2 and 3 in 

§ 3179.71, as further discussed below. In 

addition, the BLM is restyling Equation 

1 by moving the value to be determined 

from the right side of the equal sign to 

the left, in keeping with mathematical 

convention. In addition, for clarity, the 

rule as now corrected separately lists 

the variable definitions for each 

equation (in the final rule, the variable 

definitions for Equations 1 and 2 were 

combined in a single list). This rule also 

adds clarifying language in § 3179.71(b) 

and (g) and removes unintended and 

unworkable references to low-pressure 

flare volumes, discussed below, and 


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