Federal Register / Vol. 89, No. 235 / Friday, December 6, 2024 / Rules and Regulations 96905 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2024–0152; FRL–11858– 

02–R3] 

Air Plan Approval; Maryland; 

Determination of Attainment by the 

Attainment Date for the 2010 1-Hour 

Primary Sulfur Dioxide National 

Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

determine that the Anne Arundel and 

Baltimore County sulfur dioxide (SO2) 

nonattainment area attained the 2010 1- 

hour SO2 primary national ambient air 

quality standard (2010 SO2 NAAQS) by 

the applicable attainment date of 

September 12, 2021. This determination 

is based on certified ambient air quality 

data from the 2018–2020 monitoring 

period, relevant modeling analysis, and 

additional emissions inventory 

information. This action addresses the 

EPA’s obligation under Clean Air Act 

(CAA) section 179(c) to determine 

whether the Anne Arundel and 

Baltimore County SO2 nonattainment 

area (referred to hereafter as the Anne 

Arundel-Baltimore County Area, or 

simply the Area) attained the 2010 SO2

NAAQS by the September 12, 2021 

attainment date. 

DATES: This final rule is effective on 

January 6, 2025. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2024–0152. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through www.regulations.gov, 

or please contact the person identified 

in the FOR FURTHER INFORMATION

CONTACT section for additional 

availability information. 

FOR FURTHER INFORMATION CONTACT: 

Philip McGuire, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1600 John 

F Kennedy Boulevard, Philadelphia, 

Pennsylvania 19103. The telephone 

number is (215) 814–2251. Mr. McGuire 

can also be reached via electronic mail 

at mcguire.philip@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On September 6, 2024 (89 FR 72770), 

the EPA published a notice of proposed 

rulemaking (NPRM) for the State of 

Maryland. In the NPRM, the EPA 

proposed to determine that the Anne 

Arundel-Baltimore County Area had 

attained the 2010 1-hour SO2 primary 

NAAQS by the applicable attainment 

date of September 12, 2021. During the 

comment period for the EPA’s NPRM, 

open from September 6, 2024 to October 

7, 2024, the EPA received no comments. 

This action addresses the EPA’s 

obligation under CAA section 179(c) to 

determine whether the Anne ArundelBaltimore County Area attained the 

2010 SO2 NAAQS by the September 12, 

2021 attainment date. Notably, a 

determination of attainment by the 

attainment date does not constitute a 

redesignation of an area to attainment 

for the 2010 SO2 NAAQS under section 

107(d)(3) of the CAA. The area will 

remain designated nonattainment for 

the 2010 SO2 NAAQS until the state 

formally requests redesignation of the 

area to attainment, the EPA takes formal 

action to determine that the area meets 

CAA requirements for redesignation, 

and the EPA approves an accompanying 

state-submitted maintenance plan that 

ensures the area will continue to meet 

the NAAQS for the successive 10-year 

period. 

II. Summary of Determination and EPA 

Analysis 

CAA section 179(c)(1) requires the 

EPA to ‘‘determine, based on the area’s 

air quality as of the attainment date, 

whether the area attained the standard 

by that date.’’ As discussed in the 

NPRM, the EPA used an integrated 

analysis based on SO2 emissions data, 

ambient air quality monitoring data, and 

the EPA’s 2022 clean data determination 

modeling analysis (based on 2019–2021 

SO2 emissions) in making this 

determination of attainment by the 

attainment date for the Anne-Arundel 

Baltimore County Area. 

The EPA finds that the integrated 

analysis of multiple types of air-quality 

related information supports the 

determination and is consistent with 

CAA section 179(c)(1)’s direction to 

determine the area’s air quality as of the 

attainment date. Specifically, reduced 

SO2 emissions within the Area from 

2012 to 2020, no exceedances of the 

2010 1-hour SO2 NAAQS at monitoring 

sites within the Area since 2012, and 

the EPA’s modeling analysis (based on 

2019–2021 SO2 emissions) predicting a 

maximum design value within the Area 

that is well below the NAAQS all 

provide supporting bases for the EPA’s 

determination of attainment by the 

attainment date. Further details on the 

EPA’s analysis are available in the 

NPRM related to this action. The 

comment period for this NPRM ended 

on October 7, 2024. 

III. Final Action 

The EPA conducted an analysis, 

described in detail in the NPRM related 

to this action, to determine if the Anne 

Arundel-Baltimore County Area 

attained the 2010 1-hour SO2 NAAQS 

by the September 12, 2021 attainment 

date. Based on that analysis and the 

information presented in the NRPM, the 

EPA is determining that the Anne 

Arundel-Baltimore County Area 

attained the 2010 1-hour SO2 NAAQS 

by the applicable attainment date of 

September 12, 2021, consistent with 

CAA section 179(c)(1). 

On September 6, 2024 (89 FR 72770), 

the EPA published an NPRM proposing 

to determine that the Anne ArundelBaltimore County Area attained the 

NAAQS by the September 12, 2021 

attainment date. The EPA sought public 

comment on the proposed 

determination and received no 

comments. 

This action does not constitute a 

redesignation of the Anne ArundelBaltimore County Area to attainment for 

the 2010 1-hour SO2 NAAQS under 

CAA section 107(d)(3). The 

classification and designation status in 

40 CFR part 81 will remain 

nonattainment until the state formally 

requests redesignation of the area to 

attainment, the EPA takes formal action 

to determine that the area meets CAA 

requirements for redesignation under 

section 107(d)(3)(E), and the EPA 

approves an accompanying statesubmitted maintenance plan pursuant to 

section 175A that ensures the area will 

continue to meet the NAAQS for the 

successive 10-year period. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

This action determines an area has 

attained the NAAQS by the relevant 

attainment date and does not impose 

additional or modify existing 

requirements. For that reason, this 

action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 


lotter on DSK11XQN23PROD with RULES1
96906 Federal Register / Vol. 89, No. 235 / Friday, December 6, 2024 / Rules and Regulations 

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 (Pub. L. 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); and 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act. 

In addition, this action does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because it is not 

approved to apply in Indian country 

located in the State, and the EPA notes 

that it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. Executive Order 12898 

(Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations, 59 FR 7629, February 16, 

1994) directs Federal agencies to 

identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on 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 EPA did not perform an EJ 

analysis and did not consider EJ in this 

action. Due to the nature of the action 

being taken here, this action is expected 

to have a neutral to positive impact on 

the air quality of the affected area. 

Consideration of EJ is not required as 

part of this action, which finds that a 

nonattainment area attained the 2010 

SO2 NAAQS by the applicable 

attainment date, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 4, 2025. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action, the 

determination of attainment by the 

attainment date for the Anne ArundelBaltimore County SO2 nonattainment 

area, may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Adam Ortiz, 

Regional Administrator, Region III. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart V—Maryland 

■ 2. Amend § 52.1082 by adding 

paragraph (m) to read as follows: 

§ 52.1082 Determinations of attainment. 

* * * * * 

(m) The EPA has determined, as of 

January 6, 2025, that based on 2018– 

2020 monitoring data, relevant 

modeling analysis, and additional 

emissions inventory information, the 

Anne Arundel and Baltimore County 

SO2 nonattainment area has attained the 

2010 1-hour SO2 primary NAAQS by the 

applicable attainment date of September 

12, 2021. 

[FR Doc. 2024–27865 Filed 12–5–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 241129–0306] 

RIN 0648–BM70 

International Fisheries; Pacific Tuna 

Fisheries; Fish Aggregating Device 

Design and Reporting Requirements in 

the Eastern Pacific Ocean 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS is issuing and 

modifying regulations under the Tuna 

Conventions Act (TCA) of 1950, as 

amended, to implement two Resolutions 

adopted at the 101st Meeting of the 

Inter-American Tropical Tuna 

Commission (IATTC) in August 2023. 

These Resolutions include Resolution 

C–23–03 (Amendment to Resolution C– 

99–07 on Fish Aggregating Devices) and 

Resolution C–23–04 (On the Design and 


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