Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Proposed Rules 93243 

V. Incorporation by Reference 

In this document, the EPA is 

proposing to include regulatory text that 

includes incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference revisions to 

Knowlton Technologies LLC title V 

operating permit Condition 32 as 

described in section II. of this preamble. 

The EPA has made, and will continue 

to make, these materials available 

through www.regulations.gov and at the 

EPA Region II Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

VI. 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, the 

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 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 13563 (76 FR 3821, 

January 21, 2011); 

• 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 (Public Law 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• 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 

this action does not involve technical 

standards. 

In addition, the SIP is not proposing 

to 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 and it 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, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. The EPA defines 

environmental justice (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 New York State Department of 

Environmental Conservation did not 

evaluate environmental justice 

considerations as part of its SSSIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

The EPA performed an environmental 

justice analysis, as is described above in 

the section titled, ‘‘Environmental 

Justice Considerations.’’ The analysis 

was done for the purpose of providing 

additional context and information 

about this rulemaking to the public, not 

as a basis of the action. In addition, 

there is no information in the record 

upon which this decision is based 

inconsistent with the stated goal of E.O. 

12898 of achieving environmental 

justice for communities with EJ 

concerns. 

List of Subjects 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting, Recordkeeping 

requirements, and Volatile organic 

compound. 

Authority: 42 U.S.C. 7401 et seq. 

Lisa Garcia, 

Regional Administrator, Region 2. 

[FR Doc. 2024–27594 Filed 11–25–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR PART 52 

[EPA–HQ–OAR–2021–0863; EPA–R03– 

OAR–2023–0179; FRL–12161–01–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: Proposed action. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing 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 proposed 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 

taking direct final action on this 

withdrawal. See the direct final action 

published in the Rules and Regulations 

section of this issue of the Federal 

Register. If we receive no significant 

adverse comment on this proposed 

action, we will not take further action 

on this proposed action. 

DATES: Written comments must be 

received by December 26, 2024. 

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: a-and-r-Docket@epa.gov. 

Include Docket ID Nos. EPA–HQ–OAR– 


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93244 Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Proposed Rules 

1See ‘‘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). 2See Environ. Comm. Fl. Elec. Power v. EPA, 94 

F.4th 77 (D.C. Cir. 2024). 

3See ‘‘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). 

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 

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 lawrence.sydney@epa.gov. 

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. How can I get copies of this document 

and other related information? 

C. Where do I go if I have specific air 

agency questions? 

II. Why is the EPA issuing this proposed 

action? 

III. Consequences of Partial Withdrawals of 

Findings of Failure To Submit and 

Remaining Air Agency Obligations 

IV. Statutory and Executive Order Reviews 

B. 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, Proprietary 

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. 

C. 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: 

EPA regional office Air agencies 

EPA Region 1: Alison Simcox, Air Quality Branch, EPA Region 1, 5 Post Office Square, Boston, Massachusetts 02109. simcox.alison@epa.gov.Rhode Island. 

EPA Region 3: Sean Silverman, Planning and Implementation Branch, EPA Region 3, 1650 

Arch Street, Philadelphia, Pennsylvania 19103. silverman.sean@epa.gov.

District of Columbia. 

EPA Region 3: Serena Nichols, Planning and Implementation Bracnh, EPA Region 3, 1650 

Arch Street, Philadelphia, Pennsylvania 19103. nichols.serena@epa.gov.

West Virginia. 

EPA Region 4: Faith Goddard, Air Planning and Implementation Branch, EPA Region 4, 61 

Forsyth Street SW, Atlanta, Georgia 30303. goddard.faith@epa.gov.

Alabama; North Carolina—Forsyth; Tennessee—Shelby (Memphis). 

EPA Region 5: Michael Leslie, Air Planning and Maintenance Section, EPA Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 60604. leslie.michael@epa.gov.

Illinois; Ohio. 

EPA Region 6: Michael Feldman, Air Program Branch, EPA Region 6, 1201 Elm Street, Dallas, 

Texas 75270. feldman.michael@epa.gov.

Arkansas. 

EPA Region 8: Adam Clark, Air Quality Planning Branch, EPA Region 8, 1595 Wynkoop 

Street, Denver, Colorado 80202. clark.adam@epa.gov.

South Dakota. 

EPA Region 9: Eugene Chen, Control Measures Section, Air and Radiation Division, EPA Region 9, 75 Hawthorne Street, San Francisco, California 94105. chen.eugene@epa.gov.California—San Joaquin Valley Air Pollution 

Control District (APCD). 

EPA Region 10: Randall Ruddick, Air Planning Section, EPA Region 10, 1200 Sixth Avenue, 

Seattle, Washington 98101. ruddick.randall@epa.gov.

Washington—Energy Facility Site Evaluation 

Council (EFSEC); Washington—Southwest 

Clean Air Agency (SWCAA). 

II. Why is the EPA issuing this 

proposed rule? 

The EPA is issuing both a proposed 

action and a direct final action to 

partially withdraw two previously 

issued Findings of Failure to Submit 

(FFS) to address EPA’s 2015 findings of 

substantial inadequacy and ‘‘SIP calls’’ 

(‘‘2015 SSM SIP Call’’) 1 for provisions 

applying to excess emissions during 

periods of SSM that were statutorily due 

no later than November 22, 2016. The 

EPA’s previously issued FFS 

determinations were impacted by a 

court decision issued in March 2024 by 

the United States Court of Appeals 

District of Columbia Circuit (D.C. 

Circuit).2 The first FFS that is being 

proposed for partial withdrawal is the 

January 22, 2022 national FFS issued to 

12 States and local air pollution control 

agencies to respond to the abovereferenced SIP call.3 The second FFS 

that is being proposed for partial 

withdrawal is the April 17, 2023 FFS 

issued to West Virginia for the same 


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Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Proposed Rules 93245 

4See ‘‘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). 

5See 87 FR 1680, 1682. 

6See 88 FR 88 FR 23353, 23354–23355. 

reasons.4 In total, the 13 States and/or 

local air agencies that were issued an 

FFS can be found in Table 1 of Section 

II of the direct final action. 

The EPA is taking direct final action 

with parallel proposal because we view 

the partial FFS withdrawals as 

administrative, noncontroversial, and 

anticipate no significant adverse 

comments. The EPA has identified the 

State and/or local air agency SIP 

provisions for which the partial FFS 

withdrawals are applicable to and 

explained our reasons for the 

withdrawal in the direct final action. At 

the same time, the EPA is proposing to 

make the same partial withdrawals. If 

no significant adverse comments are 

received on this proposed action, no 

further action will be taken on this 

proposal, and the direct final action will 

become effective as provided in that 

action. For further supplementary 

information and the rationale and 

consequences of this proposal, see the 

direct final action published in the 

Rules and Regulations section of this 

issue of the Federal Register. 

III. Consequences of Withdrawn 

Portions of Findings of Failure To 

Submit and Remaining Air Agency 

Obligations 

As further discussed in the direct 

final action, because certain SIP calls 

were vacated by the D.C. Circuit, the 

States and/or local air agencies with 

provisions to which those SIP calls 

previously applied no longer have an 

obligation to submit the revisions that 

the EPA had originally determined 

pursuant to the 2015 SSM SIP Call. As 

there is no longer a predicate 

submission obligation for those 

particular SIP-called provisions, the 

EPA’s findings that such obligation were 

not met are no longer valid and must be 

withdrawn. The SIP provisions for 

which the EPA is proposing to 

withdraw the Agency’s FFS can be 

found in Table 3 of Section III of the 

direct final action. 

For those State and/or local 

jurisdiction SIP provisions listed in 

Table 3 of Section III of the direct final 

action 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 section 110(c) remain in 

effect as previously established.5 6 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 Section 

IV of the direct final action. 

IV. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders (E.O.) can 

be found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. 

For a complete discussion of the 

administrative requirements applicable 

to this action, see the direct final action 

published in the Rules and Regulations 

section of this issue of the Federal 

Register. 

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. 2024–27262 Filed 11–25–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R3–ES–2024–0132; 

FXES1111090FEDR–256–FF09E21000] 

RIN 1018–BH72 

Endangered and Threatened Wildlife 

and Plants; Designation of Critical 

Habitat for the Rusty Patched Bumble 

Bee 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), propose to 

designate critical habitat for the rusty 

patched bumble bee (Bombus affinis), a 

bumble bee historically known to occur 

broadly across the eastern United States 

and portions of Canada, under the 

Endangered Species Act of 1973, as 

amended (Act). In total, we are 

proposing the designation of 

approximately 1,635,746 acres (661,963 

hectares) of occupied critical habitat in 

14 units across 33 counties in 6 States. 

We also announce the availability of an 

economic analysis of the proposed 

designation of critical habitat for the 

rusty patched bumble bee. 

DATES: We will accept comments 

received or postmarked on or before 

January 27, 2025. We must receive 

requests for a public hearing, in writing, 

at the address shown in FOR FURTHER

INFORMATION CONTACT by January 10, 

2025. 

ADDRESSES: Written comments: You may 

submit comments by one of the 

following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: 

https://www.regulations.gov. In the 

Search box, enter FWS–R3–ES–2024– 

0132, which is the docket number for 

this rulemaking. Then, click on the 

Search button. On the resulting page, in 

the panel on the left side of the screen, 

under the Document Type heading, 

check the Proposed Rule box to locate 

this document. You may submit a 

comment by clicking on ‘‘Comment.’’ 

Comments submitted electronically 

using the Federal eRulemaking Portal 

must be received by 11:59 p.m. eastern 

time on the closing date. 

(2) By hard copy: Submit by U.S. mail 

to: Public Comments Processing, Attn: 

FWS–R3–ES–2024–0132, U.S. Fish and 

Wildlife Service, MS: PRB/3W, 5275 

Leesburg Pike, Falls Church, VA 22041– 

3803. 

We request that you send comments 

only by the methods described above. 

We will post all comments on https:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see 

Information Requested, below, for more 

information). 

Availability of supporting materials: 

Supporting materials, such as the 

species status assessment report, are 

available on the Service’s website at 

https://www.fws.gov/species/rustypatched-bumble-bee-bombus-affinis or 

at https://www.regulations.gov at Docket 

No. FWS–R3–ES–2024–0132. If we 

finalize the critical habitat designation, 

we will make the coordinates or plot 

points or both from which the maps are 

generated available athttps://

www.regulations.govat Docket No. 

FWS–R3–ES–2024–0132 and on the 

Service’s website athttps://

www.fws.gov/species/rusty-patchedbumble-bee-bombus-affinis. 


lotter on DSK11XQN23PROD with PROPOSALS1