Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Rules and Regulations 93187 

(2)(i) Any person who violates a 

material provision of a mitigation 

agreement entered into on or after 

December 26, 2024, with, a material 

condition imposed on or after December 

26, 2024, by, or an order issued on or 

after December 26, 2024, by, the United 

States under section 721(l) may be liable 

to the United States for a civil penalty 

per violation not to exceed the greatest 

of: 

(A) $5,000,000; 

(B) The value of the person’s interest 

in the covered real estate (or, as 

applicable, the owner of the covered 

real estate) at the time of the transaction; 

(C) The value of the person’s interest 

in the covered real estate (or, as 

applicable, the owner of the covered 

real estate) at the time of the violation 

in question or the most proximate time 

to the violation for which assessing such 

value is practicable; or 

(D) The value of the transaction filed 

with the Committee. 

(ii) For clarification, under paragraphs 

(b)(2)(i)(A) through (D) of this section, 

whichever penalty amount is greatest 

may be imposed per violation, and the 

amount of the penalty imposed for a 

violation shall be based on the nature of 

the violation. 

* * * * * 

(e) Upon receiving notice of a penalty 

to be imposed under any of paragraphs 

(a) through (c) of this section, the 

subject person may, within 20 business 

days of receipt of such notice, submit a 

petition for reconsideration to the Staff 

Chairperson, including a defense, 

justification, or explanation for the 

conduct to be penalized. The Committee 

will review the petition and issue any 

final penalty determination within 20 

business days of receipt of the petition. 

The Staff Chairperson and the subject 

person may extend either such period 

through written agreement or, where 

there is a compelling circumstance and 

if it is deemed appropriate by the 

Committee, the Staff Chairperson may 

extend either period by notifying the 

subject person in writing of the 

extended time frame. The Committee 

and the subject person may reach an 

agreement on an appropriate remedy at 

any time before the Committee issues 

any final penalty determination. 

* * * * * 

Paul M. Rosen, 

Assistant Secretary for Investment Security. 

[FR Doc. 2024–27310 Filed 11–25–24; 8:45 am] 

BILLING CODE 4810–AK–P 

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

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 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. 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 


lotter on DSK11XQN23PROD with RULES1
93188 Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Rules and Regulations 

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 ‘‘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). 

3See ‘‘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. 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. 

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, 

oaqpscbi@epa.gov, 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 oaqpscbi@epa.gov 

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: 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Rules and Regulations 93189 

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

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 Brach, 

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. 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. 

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. 


lotter on DSK11XQN23PROD with RULES1
93190 Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Rules and Regulations 

7The 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) TennesseeShelby (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/EPAR04-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.). 

9Because 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 2—STATES AND/OR LOCAL AIR AGENCIES WITHOUT FULLY APPROVED SIP REVISIONS IN RESPONSE TO THE

JANUARY 2022 FFS AND APRIL 2023 FFS 7—Continued 

EPA region State and/or local air agency 

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. 

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. 

TABLE 3—SIP PROVISIONS FOR WHICH THE EPA IS WITHDRAWING THE AGENCY’S FINDINGS OF FAILURE TO SUBMIT 9

Region State/local air agency Applicable provisions for which the FFS are withdrawn 

1 .............................. Rhode Island ......................................... 25–4–13 R.I. Code R. § 16.2. 

3 .............................. District of Columbia ............................... D.C. Mun. Regs. tit. 20 § 107.3. 

D.C. Mun. Regs. tit. 20 § 606.1. 

D.C. Mun. Regs. tit. 20 § 606.2. 

West Virginia ......................................... W. Va. Code R. § 45–2–9.1. 

W. Va. Code R. § 45–7–10.3. 

W. Va. Code R. § 45–40–100.8. 

W. Va. Code R. § 45–2–10.1. 

W. Va. Code R. § 45–3–7.1. 

W. Va. Code R. § 45–5–13.1. 

W. Va. Code R. § 45–6–8.2. 

W. Va. Code R. § 45–7–9.1. 

W. Va. Code R. § 45–7–10.4. 

W. Va. Code R. § 45–10–9.1. 

W. Va. Code R. § 45–21–9.3. 

W. Va. Code R. § 45–3–3.2. 

W. Va. Code R. § 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). 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Rules and Regulations 93191 

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

TABLE 3—SIP PROVISIONS FOR WHICH THE EPA IS WITHDRAWING THE AGENCY’S FINDINGS OF FAILURE TO SUBMIT 9— 

Continued 

Region State/local air agency Applicable provisions for which the FFS are withdrawn 

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. 

TABLE 4—STATES AND/OR LOCAL AIR AGENCIES WITH REMAINING FFS OBLIGATIONS

EPA region State and/or local air agency Applicable provisions for which the FFS remain in effect 

3 .............................. District of Columbia ............................... D.C. Mun. Regs. tit. 20 § 606.4. 

3 .............................. West Virginia ......................................... W. Va. Code R. § 45–2–9.4. 

4 .............................. Tennessee-Shelby (Memphis) ............... Shelby County Code § 16–87. 

5 .............................. Illinois ..................................................... Ill. Admin. Code tit. 35 § 201.261. 

Ill. Admin. Code tit. 35 § 201.262. 

Ill. Admin. Code tit. 35 § 201.265. 

10 ............................ Washington-Energy Facility Site Evaluation Council.Wash. Admin. Code § 463–39–005. 

10 ............................ Washington-Southwest Clean Air Agency.SWCAA 400–107. 

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/lawsregulations/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. 


lotter on DSK11XQN23PROD with RULES1
93192 Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Rules and Regulations 

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. 

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. 

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 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 102–118 

[FMR Case 2023–02; Docket No. GSA–FMR– 

2023–0014; Sequence No. 2] 

RIN 3090–AK73 

Federal Management Regulation; 

Transportation Payment and Audit 

Regulations 

AGENCY: Office of Government-Wide 

Policy (OGP), General Services 

Administration (GSA). 


lotter on DSK11XQN23PROD with RULES1