```

[Federal Register Volume 89, Number 228 (Tuesday, November 26, 2024)]
[Rules and Regulations]
[Pages 93187-93192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27263]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR PART 52

[EPA-HQ-OAR-2021-0863; EPA-R03-OAR-2023-0179; FRL-12161-02-OAR]

Excess Emissions During Periods of Startup, Shutdown, and 
Malfunction; Partial Withdrawals of Findings of Failure To Submit State 
Implementation Plan (SIP)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final action.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to partially withdraw two final actions finding that 13 
States and/or local air pollution control agencies failed to submit 
State Implementation Plan (SIP) revisions required by the Clean Air Act 
(CAA) in a timely manner to address the EPA's 2015 findings of 
substantial inadequacy and ``SIP calls'' for provisions applying to 
excess emissions during periods of startup, shutdown, and malfunction 
(SSM). This final action would render no longer applicable certain CAA 
deadlines for the EPA to impose sanctions if a State does not submit a 
complete SIP revision addressing the outstanding requirements and to 
promulgate a Federal Implementation Plan (FIP). Concurrently, the EPA 
is also issuing a parallel proposal of this withdrawal action. See the 
proposed action published in the Proposed Rules section of this issue 
of the Federal Register.

DATES: This action is effective on January 10, 2025, without further 
notice, unless the EPA receives significant adverse comment by December 
26, 2024. If significant adverse comments are received on the 
accompanying proposed action, the EPA will publish a timely withdrawal 
of this direct final action in the Federal Register. If the direct 
final action is withdrawn, all comments will be addressed in a 
subsequent final action based on the accompanying proposed action. The 
EPA will not institute a second comment period pertaining to the 
revisions on the subsequent final action. Any parties interested in 
commenting should do so at this time.

ADDRESSES: You may send comments, identified by Docket ID Nos. EPA-HQ-
OAR-2021-0863 and EPA-R03-OAR-2023-0179, by any of the following 
methods:
     Federal eRulemaking Portal: https://www.regulations.gov/ 
(our preferred method). Follow the online instructions for submitting 
comments.
     Email: [email protected]. Include Docket ID Nos. EPA-
HQ-OAR-2021-0863 and EPA-R03-OAR-2023-0179.
     Fax: (202) 566-9744
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 
20460.
     Hand Delivery or Courier: 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. to 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 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: General questions concerning this 
notice should be addressed to, Sydney Lawrence, Office of Air Quality 
Planning and Standards, Air Quality Policy Division, 109 T.W. Alexander 
Drive, Research Triangle Park, NC 27711; by telephone (919) 541-4768; 
or by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. How is the preamble organized?

    The information presented in this preamble is organized as follows:

Table of Contents

I. General Information
    A. How is the preamble organized?
    B. Why is the EPA issuing a direct final action and parallel 
proposed action?
    C. Written Comments
    D. How can I get copies of this document and other related 
information?
    E. Where do I go if I have specific air agency questions?
II. Background
III. Partial Withdrawals of Findings of Failure To Submit for Air 
Agencies That Failed To Make a SIP Submittal To Address EPA's 2015 
SSM SIP Action
IV. Consequences of Partial Withdrawals of Findings of Failure To 
Submit and Remaining Air Agency Obligations
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Executive 
Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

[[Page 93188]]

    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act of 1995 (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    I. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution or Use
    J. National Technology Transfer and Advancement Act (NTTAA)
    K. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority and Low-Income Populations
    L. Congressional Review Act (CRA)
    M. Judicial Review

B. Why is the EPA issuing a direct final action and parallel proposed 
action?

    As is discussed in further detail later, the EPA is taking this 
action as a result of the United States Court of Appeals for the 
District of Columbia mandate in Environ. Comm. Fl. Elec. Power v. EPA, 
94 F.4th 77 (D.C. Cir. 2024). In that decision, the D.C. Circuit 
vacated portions of the EPA's 2015 findings of substantial inadequacy 
and SIP calls for provisions applying to excess emissions during 
periods of SSM (``2015 SSM SIP Call'') \1\ as it applied to State 
provisions including automatic exemptions, director's discretion 
provisions, and affirmative defenses that are functionally exemptions. 
Subsequent to the issuance of the 2015 SIP Call, EPA issued two 
findings of failure to submit (FFS) impacting multiple 
States.2 3 This action seeks to withdraw relevant parts of 
the FFS that were invalidated by the D.C. Circuit's vacatur. Because of 
the D.C. Circuit's vacatur, there is no longer a legally valid 
predicate submission obligation for those particular SIP-called 
provisions. As a result, the EPA's findings that such obligation was 
not met are also no longer valid and must be withdrawn. Concurrently, 
the EPA is also issuing a parallel proposal of this withdrawal action. 
See the proposed action published in the Proposed Rules section of this 
issue of the Federal Register. If we receive no significant adverse 
comment, we will not take further action on the proposed action and 
this direct final action will become effective as prescribed.
---------------------------------------------------------------------------

    \1\ See ``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,'' 80 FR 33840 (June 12, 2015).
    \2\ See ``Findings of Failure To Submit State Implementation 
Plan Revisions in Response to the 2015 Findings of Substantial 
Inadequacy and SIP Calls To Amend Provisions Applying To Excess 
Emissions During Periods of Startup, Shutdown, and Malfunction,'' 87 
FR 1680 (January 12, 2022).
    \3\ See ``West Virginia; Finding of Failure To Submit State 
Implementation Plan Revision in Response to the 2015 Findings of 
Substantial Inadequacy and SIP Calls To Amend Provisions Applying to 
Excess Emissions During Periods of Startup, Shutdown, and 
Malfunction,'' 88 FR 23353 (April 17, 2023).
---------------------------------------------------------------------------

C. Written Comments

    Submit your comments, identified by Docket ID Nos. EPA-HQ-OAR-2021-
0863 and EPA-R03-OAR-2023-0179, 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. The EPA may publish any comment received to its public docket. 
Do not submit to EPA's docket at https://www.regulations.gov any 
information you consider to be Confidential Business Information (CBI), 
Proprietary Business Information (PBI), or other information whose 
disclosure is restricted by statute. Our preferred method to receive 
CBI, PBI, or other information who disclosure is restricted by statue 
is for it to be transmitted electronically using email attachments, 
File Transfer Protocol (FTP), or other online file sharing services 
(e.g., Dropbox, OneDrive, Google Drive). Electronic submissions must be 
transmitted directly to the OAQPS CBI Office using the email address, 
[email protected], and should include clear CBI or PBI markings. If 
assistance is needed with submitting large electronic files that exceed 
the file size limit for email attachments, and if you do not have your 
own file sharing service, please email [email protected] to request a 
file transfer link. If sending CBI or PBI information through the 
postal service, please send it to the following address: OAQPS Document 
Control Officer (C404-02), OAQPS, U.S. Environmental Protection Agency, 
Research Triangle Park, North Carolina 27711, Attention Docket ID Nos. 
EPA-HQ-OAR-2021-0863 and EPA-R03-OAR-2023-0179. The mailed CBI or PBI 
material should be double wrapped and clearly marked. Any CBI or PBI 
markings should not show through the outer envelope. 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). Please visit https://www.epa.gov/dockets/commenting-epa-dockets for additional submission methods; the full EPA public comment 
policy; information about CBI, PBI, or multimedia submissions; and 
general guidance on making effective comments.

D. How can I get copies of this document and other related information?

    The EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2021-0863 (as it pertains to the January 2022 national 
FFS) and Docket ID No. EPA-R03-OAR-2023-0179 (as it pertains to the 
April 2023 West Virginia FFS). All documents in the docket are listed 
in the https://www.regulations.gov index. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, will be 
publicly available only in hard copy. Publicly available docket 
materials are available either electronically at https://www.regulations.gov or in hard copy at the U.S. Environmental 
Protection Agency, EPA Docket Center, William Jefferson Clinton West 
Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the Office 
of Air and Radiation Docket is (202) 566-1742.

E. Where do I go if I have specific air agency questions?

    For questions related to specific air agencies mentioned in this 
notice, please contact the appropriate EPA Regional Office:

[[Page 93189]]

------------------------------------------------------------------------
          EPA regional office                      Air agencies
------------------------------------------------------------------------
EPA Region 1: Alison Simcox, Air         Rhode Island.
 Quality Branch, EPA Region 1, 5 Post
 Office Square, Boston, Massachusetts
 02109. [email protected].
EPA Region 3: Sean Silverman, Planning   District of Columbia.
 and Implementation Branch, EPA Region
 3, 1650 Arch Street, Philadelphia,
 Pennsylvania 19103.
 [email protected].
EPA Region 3: Serena Nichols, Planning   West Virginia.
 and Implementation Brach, EPA Region
 3, 1650 Arch Street, Philadelphia,
 Pennsylvania 19103.
 [email protected].
EPA Region 4: Faith Goddard, Air         Alabama; North Carolina-
 Planning and Implementation Branch,      Forsyth; Tennessee-Shelby
 EPA Region 4, 61 Forsyth Street SW,      (Memphis).
 Atlanta, Georgia 30303.
 [email protected].
EPA Region 5: Michael Leslie, Air        Illinois; Ohio.
 Planning and Maintenance Section, EPA
 Region 5, 77 West Jackson Boulevard,
 Chicago, Illinois 60604.
 [email protected].
EPA Region 6: Michael Feldman, Air       Arkansas.
 Program Branch, EPA Region 6, 1201 Elm
 Street, Dallas, Texas 75270.
 [email protected].
EPA Region 8: Adam Clark, Air Quality    South Dakota.
 Planning Branch, EPA Region 8, 1595
 Wynkoop Street, Denver, Colorado
 80202. [email protected].
EPA Region 9: Eugene Chen, Control       California-San Joaquin Valley
 Measures Section, Air and Radiation      Air Pollution Control District
 Division, EPA Region 9, 75 Hawthorne     (APCD).
 Street, San Francisco, California
 94105. [email protected].
EPA Region 10: Randall Ruddick, Air      Washington-Energy Facility Site
 Planning Section, EPA Region 10, 1200    Evaluation Council (EFSEC);
 Sixth Avenue, Seattle, Washington        Washington-Southwest Clean Air
 98101. [email protected].          Agency (SWCAA).
------------------------------------------------------------------------

II. Background

    On January 12, 2022, the EPA took final action (``January 2022 
FFS'') \4\ to find that 12 States and local air agencies failed to 
submit SIP revisions required by the CAA in a timely manner to address 
the EPA's 2015 findings of substantial inadequacy and ``SIP calls'' for 
provisions applying to excess emissions during periods of SSM (``2015 
SSM SIP Call'' \5\) that were statutorily due no later than November 
22, 2016. On April 17, 2023, the EPA Region 3 took final action 
(``April 2023 FFS'') to find that the State of West Virginia failed to 
timely submit a SIP revision required by the CAA to address the 
deficiencies identified in the EPA's 2015 SSM SIP Call that was 
statutorily due no later than November 22, 2016.\6\ In total, the 13 
States and/or local air agencies that were issued an FFS can be found 
in Table 1. For those States and/or local air agencies subject to the 
FFS for which EPA has fully approved their submitted SIP revision--
Arkansas, California-San Joaquin Valley Air Pollution Control District, 
and North Carolina-Forsyth--the FFS obligation has been fulfilled, and 
there is no need to for the EPA or those States to take further action. 
The States and/or local air agencies which have not submitted a SIP 
revision in response to the FFS or for which the EPA has not taken 
final action on their submittal--i.e., the States for which some 
obligation still exists--can be found in Table 2.
---------------------------------------------------------------------------

    \4\ See 87 FR 1680.
    \5\ See 80 FR 33840.
    \6\ See 88 FR 23353.

 Table 1--13 States and/or Local Air Pollution Control Agencies Included
               in the January 2022 FFS and April 2023 FFS
------------------------------------------------------------------------
               EPA region                 State and/or local air agency
------------------------------------------------------------------------
1......................................  Rhode Island.
3......................................  District of Columbia.
3......................................  West Virginia.
4......................................  Alabama.
4......................................  North Carolina-Forsyth.
4......................................  Tennessee-Shelby (Memphis).
5......................................  Illinois.
5......................................  Ohio.
6......................................  Arkansas.
8......................................  South Dakota.
9......................................  California-San Joaquin Valley
                                          Air Pollution Control
                                          District.
10.....................................  Washington-Energy Facility Site
                                          Evaluation Council.
10.....................................  Washington-Southwest Clean Air
                                          Agency.
------------------------------------------------------------------------

  Table 2--States and/or Local Air Agencies Without Fully Approved SIP
  Revisions in Response to the January 2022 FFS and April 2023 FFS \7\
------------------------------------------------------------------------
               EPA region                 State and/or local air agency
------------------------------------------------------------------------
1......................................  Rhode Island.
3......................................  District of Columbia.

[[Page 93190]]

 
3......................................  West Virginia.
4......................................  Alabama.
4......................................  Tennessee-Shelby (Memphis).
5......................................  Illinois.
5......................................  Ohio.
8......................................  South Dakota.
10.....................................  Washington-Energy Facility Site
                                          Evaluation Council.
10.....................................  Washington-Southwest Clean Air
                                          Agency.
------------------------------------------------------------------------

    On March 1, 2024, the United States Court of Appeals for the 
District of Columbia Circuit issued a decision in Environ. Comm. Fl. 
Elec. Power v. EPA, 94 F.4th 77 (D.C. Cir. 2024). The Court granted the 
petitions in part, vacating the SIP calls that were based on SIP 
provisions that included automatic exemptions, director's discretion 
provisions, and ``complete affirmative defenses'' (i.e. affirmative 
defenses that are functionally exemptions); and denied the petitions in 
part, affirming the SIP calls based on SIP provisions that included 
overbroad enforcement discretion provisions and affirmative defenses 
against specific relief. As a result of the D.C. Circuit's decision in 
Environ. Comm. Fl. Elec. Power v. EPA, the EPA is partially withdrawing 
the January 2022 FFS and the April 2023 FFS. Because certain portions 
of the SIP call were vacated by the D.C. Circuit and therefore have no 
legal effect, the States and/or local air agencies with provisions to 
which those vacated portions of the SIP call previously applied no 
longer have a legal obligation to submit the revisions that the EPA had 
originally determined were required pursuant to the 2015 SSM SIP 
Call.\8\ Further, as there is no longer a predicate submission 
obligation for those particular SIP-called provisions, the EPA's 
findings that such obligation was not met are no longer valid and must 
be withdrawn.
---------------------------------------------------------------------------

    \7\ The EPA and its state partners work regularly on SIP 
requirements including plan development, review and approval. Often, 
national actions like this partial FFS withdrawal overlap with 
ongoing actions for specific areas. At or about the same time this 
direct final action is promulgated, the EPA is also taking separate 
final action on two SIP revisions related to today's action: (1) 
Tennessee-Shelby (Memphis) SIP call revision submitted to the EPA on 
March 2, 2022. See 89 FR 74165, September 12, 2024. Once finalized, 
Tennessee-Shelby (Memphis) will have a fully approved SIP revision 
that partially responds to the January 2022 FFS. The FFS obligations 
will remain in effect for a portion of the Tennessee-Shelby 
(Memphis) SIP. For more information, see the Tennessee-Shelby 
(Memphis) Final Rule, (Docket ID No. EPA-R4-OAR-2023-0361) at 
https://www.regulations.gov/docket/EPA-R04-OAR-2023-0361. (2) 
Washington-Energy Facility Site Evaluation Council (EFSEC) SIP call 
revision submitted on June 15, 2023. See 89 FR 84322, October 22, 
2024. Once finalized, Washington-EFSEC will have a fully approved 
SIP revision in response to the January 2022 FFS and will have 
fulfilled their FFS obligations. For more information, see the 
Washington-EFSEC Final Rule, (Docket ID EPA-R10-OAR-2024-0372) at 
https://www.regulations.gov/docket/EPA-R10-OAR-2024-0372.
    \8\ In vacating certain portions of the 2015 SSM SIP Action, the 
D.C. Circuit's decision did not determine whether the SIP-called 
provisions were otherwise lawful under the CAA. See e.g. slip op. at 
55 (``We thus do not reach the question whether the called SIPs' 
relevant emission restrictions in fact amount to (or must amount to) 
``emission limitations'' per the statutory definition.).
---------------------------------------------------------------------------

III. Partial Withdrawals of Findings of Failure To Submit

    As a result of this final action, the January 22, 2022, national 
FFS and April 17, 2023, FFS are partially withdrawn with respect to the 
State and/or local air agency SIP provisions listed in Table 3.
---------------------------------------------------------------------------

    \9\ Because the D.C. Circuit only vacated certain portions of 
the EPA's 2015 SSM SIP Action, the 2015 SIP Call is still applicable 
for certain provisions in some states. As such, the EPA is only 
withdrawing the FFS as they apply to those provisions corresponding 
to the vacatur. As a result, the FFS remain in place for provisions 
that correspond to the portions of the 2015 SSM SIP Action that were 
not vacated (i.e. provisions that were SIP called because they 
include an affirmative defense that provides specific relief and 
provisions that constitute overbroad enforcement discretion). Some 
states were included in the FFS for both types of provision.

  Table 3--SIP Provisions for Which the EPA Is Withdrawing the Agency's
                    Findings of Failure To Submit \9\
------------------------------------------------------------------------
                                                   Applicable provisions
            Region               State/local air   for which the FFS are
                                      agency             withdrawn
------------------------------------------------------------------------
1.............................  Rhode Island.....  25-4-13 R.I. Code R.
                                                    Sec.   16.2.
3.............................  District of        D.C. Mun. Regs. tit.
                                 Columbia.          20 Sec.   107.3.
                                                   D.C. Mun. Regs. tit.
                                                    20 Sec.   606.1.
                                                   D.C. Mun. Regs. tit.
                                                    20 Sec.   606.2.
                                West Virginia....  W. Va. Code R. Sec.
                                                    45-2-9.1.
                                                   W. Va. Code R. Sec.
                                                    45-7-10.3.
                                                   W. Va. Code R. Sec.
                                                    45-40-100.8.
                                                   W. Va. Code R. Sec.
                                                    45-2-10.1.
                                                   W. Va. Code R. Sec.
                                                    45-3-7.1.
                                                   W. Va. Code R. Sec.
                                                    45-5-13.1.
                                                   W. Va. Code R. Sec.
                                                    45-6-8.2.
                                                   W. Va. Code R. Sec.
                                                    45-7-9.1.
                                                   W. Va. Code R. Sec.
                                                    45-7-10.4.
                                                   W. Va. Code R. Sec.
                                                    45-10-9.1.
                                                   W. Va. Code R. Sec.
                                                    45-21-9.3.
                                                   W. Va. Code R. Sec.
                                                    45-3-3.2.
                                                   W. Va. Code R. Sec.
                                                    45-2-10.2.
4.............................  Alabama..........  Ala Admin Code Rule
                                                    335-3-14-.03(1)(h)(1
                                                    ).
                                                   Ala Admin Code Rule
                                                    335-3-14-
                                                    .03(1)(h)(2).

[[Page 93191]]

 
5.............................  Ohio.............  Ohio Admin. Code 3745-
                                                    15-06(A)(3).
                                                   Ohio Admin. Code 3745-
                                                    17-07(A)(3)(c).
                                                   Ohio Admin. Code 3745-
                                                    17- 07(B)(11)(f).
                                                   Ohio Admin. Code 3745-
                                                     14-11(D).
                                                   Ohio Admin. Code 3745-
                                                     15-06(C).
8.............................  South Dakota.....  S.D. Admin. R.
                                                    74:36:12:02(3).
------------------------------------------------------------------------

IV. Consequences of Withdrawn Portions of Findings of Failure To Submit 
and Remaining Air Agency Obligations

    For those State and/or local air agency SIP provisions listed in 
Table 3 of Section III for which the FFS are withdrawn, the CAA 
deadlines for the EPA to impose sanctions under CAA sections 179(a) and 
(b) and promulgate a FIP under CAA section 110(c) are no longer 
applicable. For those State and/or local jurisdiction SIP provisions in 
which the FFS are not withdrawn and are still applicable, the CAA 
deadlines for the EPA to impose sanctions under CAA sections 179(a) and 
(b) and promulgate a FIP under CAA section 110(c) remain in effect as 
previously established.10 11 The States and/or local air 
agencies for which the FFS are not withdrawn and mandatory CAA 
deadlines remain in effect can be found in Table 4.
---------------------------------------------------------------------------

    \10\ See 87 FR 1680, 1682.
    \11\ See 88 FR 88 FR 23353, 23354-23355.

Table 4--States and/or Local Air Agencies With Remaining FFS Obligations
------------------------------------------------------------------------
                                                   Applicable provisions
          EPA region               State and/or      for which the FFS
                                 local air agency     remain in effect
------------------------------------------------------------------------
3.............................  District of        D.C. Mun. Regs. tit.
                                 Columbia.          20 Sec.   606.4.
3.............................  West Virginia....  W. Va. Code R. Sec.
                                                    45-2-9.4.
4.............................  Tennessee-Shelby   Shelby County Code
                                 (Memphis).         Sec.   16-87.
5.............................  Illinois.........  Ill. Admin. Code tit.
                                                    35 Sec.   201.261.
                                                   Ill. Admin. Code tit.
                                                    35 Sec.   201.262.
                                                   Ill. Admin. Code tit.
                                                    35 Sec.   201.265.
10............................  Washington-Energy  Wash. Admin. Code
                                 Facility Site      Sec.   463-39-005.
                                 Evaluation
                                 Council.
10............................  Washington-        SWCAA 400-107.
                                 Southwest Clean
                                 Air Agency.
------------------------------------------------------------------------

IV. Final Action

    In light of the D.C. Circuit's decision in Environ. Comm. Fl. Elec. 
Power v. EPA, the EPA is taking final action to partially withdraw its 
finding that 12 air agencies have failed to submit SIP revisions in 
response to the 2015 SSM SIP Action that were statutorily due no later 
than November 22, 2016, and to partially withdraw the EPA Region 3's 
finding that West Virginia failed to submit a SIP revision in response 
to the 2015 SSM SIP Action that was statutorily due no later than 
November 22, 2016. The six States and/or local air agencies affected by 
this final withdrawal action are: Alabama, District of Columbia, Ohio, 
Rhode Island, South Dakota, and West Virginia.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
(E.O.) can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Orders 12866: Regulatory Planning and Executive Order 
13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action as defined in 
Executive Order 12866, as amended by Executive Order 14094, and was 
therefore not subject to a requirement for Executive Order 12866 
review.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the provisions of the PRA. This final action does not establish any new 
information collection requirement apart from what is already required 
by law. This action relates to the requirement in the CAA for States to 
submit SIPs in response to findings of substantial inadequacy under CAA 
section 110(k)(5).

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. This action 
relates to the requirement in the CAA for States to submit SIPs in 
response to findings of substantial inadequacy under CAA section 
110(k)(5).

E. Unfunded Mandates Reform Act of 1995 (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any State, 
local or Tribal governments, or the private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.

[[Page 93192]]

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have Tribal implications as specified in 
Executive Order 13175. This action finds that several air agencies have 
failed to submit SIP revisions in response to findings of substantial 
inadequacy under section 110(k)(5) of the CAA. No Tribe is subject to 
the requirement to submit an implementation plan under the findings of 
inadequacy relevant to this action. Thus, Executive Order 13175 does 
not apply to this action.

H. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern 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. This action is not subject to Executive Order 13045 
because it relates to the requirement in the CAA for States to submit 
SIPs in response to findings of substantial inadequacy under CAA 
section 110(k)(5) and does not directly or disproportionately affect 
children.

I. 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.

J. National Technology Transfer and Advancement Act (NTTAA)

    This final action does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) directs 
federal agencies, to the greatest extent practicable and permitted by 
law, to make environmental justice part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects of their programs, policies, and 
activities on communities with EJ concerns.
    The EPA believes it is not practicable to assess whether the 
conditions that exist prior to this proposed action result in 
disproportionate and adverse effects on people of color, low-income 
populations, and/or indigenous peoples. While it is difficult to assess 
the environmental justice implications of this proposed action because 
the EPA cannot geographically identify or quantify the resulting 
source-specific emission reductions, the EPA recognizes the potential 
for neutral or adverse environmental justice issues associated with 
this action. However, the EPA views this action as a necessary 
procedural step following the D.C. Circuit decision and vacatur of 
portions of the 2015 SSM SIP call.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, 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).

M. Judicial Review

    Section 307(b)(1) of the CAA governs judicial review of final 
actions by the EPA. This section provides, in part, that petitions for 
review must be filed in the United States Court of Appeals for the 
District of Columbia Circuit: (i) when the agency action consists of 
``nationally applicable regulations promulgated, or final actions 
taken, by the Administrator,'' or (ii) when such action is locally or 
regionally applicable, but ``such action is based on a determination of 
nationwide scope or effect and if in taking such action the 
Administrator finds and publishes that such action is based on such a 
determination.'' For locally or regionally applicable final actions, 
the CAA reserves to the EPA complete discretion whether to invoke the 
exception in (ii).
    This final action is ``nationally applicable'' within the meaning 
of CAA section 307(b)(1). In the alternative, to the extent a court 
finds this final action to be locally or regionally applicable, the 
Administrator is exercising the complete discretion afforded to him 
under the CAA to make and publish a finding that this action is based 
on a determination of ``nationwide scope or effect'' within the meaning 
of CAA section 307(b)(1).\12\ This final action consists of a partial 
withdrawal of findings of failure to submit required SIPs from six 
States and/or local air jurisdictions, including the District of 
Columbia, located in 5 of the 10 EPA regions, and in 6 different 
federal judicial circuits.\13\ This final action is also based on a 
common core of factual findings concerning the receipt and completeness 
of the relevant SIP submittals. For these reasons, this final action is 
nationally applicable or, alternatively, the Administrator is 
exercising the complete discretion afforded to him by the CAA and 
hereby finds that this final action is based on a determination of 
nationwide scope or effect for purposes of CAA section 307(b)(1) and is 
hereby publishing that finding in the Federal Register.
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    \12\ In deciding whether to invoke the exception by making and 
publishing a finding that this final action is based on a 
determination of nationwide scope or effect, the Administrator has 
also taken into account a number of policy considerations, including 
his judgment balancing the benefit of obtaining the D.C. Circuit's 
authoritative centralized review versus allowing development of the 
issue in other contexts and the best use of Agency resources.
    \13\ In the report on the 1977 Amendments that revised section 
307(b)(1) of the CAA, Congress noted that the Administrator's 
determination that the ``nationwide scope or effect'' exception 
applies would be appropriate for any action that has a scope or 
effect beyond a single judicial circuit. See H.R. Rep. No. 95-294 at 
323, 324, reprinted in 1977 U.S.C.C.A.N. 1402-03.
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    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 District of Columbia Circuit within 60 days from the date this 
final action is published in the Federal Register. Filing a petition 
for reconsideration by the Administrator of this final action does not 
affect the finality of the action for the purposes of judicial review, 
nor does it extend the time within which a petition for judicial review 
must be filed and shall not postpone the effectiveness of such rule or 
action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Approval and promulgation of implementation 
plans, Incorporation by reference, Intergovernmental relations, and 
Reporting and recordkeeping requirements.

Joseph Goffman,
Assistant Administrator.
[FR Doc. 2024-27263 Filed 11-25-24; 8:45 am]
BILLING CODE 6560-50-P
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