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[Federal Register Volume 89, Number 237 (Tuesday, December 10, 2024)]
[Proposed Rules]
[Pages 99180-99184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28873]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2024-0006; FRL-12050-01-R4]

Air Plan Approval; SC; Updates to the Cross-State Air Pollution 
Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted through 
the South Carolina Department of Health and Environmental Control (SC 
DHEC) on September 26, 2023, regarding updates to the State's Cross-
State Air Pollution Rule (CSAPR) emissions trading programs. The SIP 
revision incorporates by reference (IBRs) certain amendments EPA has 
made to the regulations for the Federal CSAPR trading programs for 
annual emissions of nitrogen oxides (NOX) and sulfur dioxide 
(SO2) for large electric generating units (EGUs). EPA 
created these Federal trading programs in 2011 as market-based 
mechanisms for South Carolina and certain other States to address their 
obligations to downwind States under the Clean Air Act (CAA or Act)'s 
good neighbor provision with respect to the national ambient air 
quality standards (NAAQS) for fine particulate matter 
(PM2.5). EPA is proposing to approve South Carolina's 
September 26, 2023, SIP revision because it is consistent with EPA's 
good neighbor CSAPR trading programs and the CAA.

DATES: Comments must be received on or before January 9, 2025.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2024-0006 at www.regulations.gov. Follow the online instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. EPA may publish any comment received to 
its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. 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. 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). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Josue Ortiz Borrero, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Ortiz can be 
reached via phone number (404) 562-8085 or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Overview

    EPA is proposing to approve the portions of SC DHEC's \1\ September 
26,

[[Page 99181]]

2023, SIP submission that updates South Carolina's State trading 
programs at Regulation 61-62.97, Cross-State Air Pollution Rule (CSAPR) 
Trading Program, Subpart A--South Carolina CSAPR NOX Annual 
Trading Program, and Subpart B--South Carolina CSAPR SO2 
Group 2 Trading Program. Large EGUs in South Carolina are subject to 
these two State CSAPR trading programs for annual NOX and 
SO2 emissions, which are precursors to PM2.5, to 
address the State's good neighbor obligation for the 1997 annual 
PM2.5 NAAQS. The State CSAPR trading programs are integrated 
with the Federal CSAPR NOX Annual Trading Program and the 
Federal CSAPR SO2 Group 2 Trading Program established by 
EPA's regulations at 40 CFR part 97, subparts AAAAA and DDDDD, 
respectively. As adopted by the State before this SIP revision and as 
previously approved by EPA into the SIP, the State's CSAPR trading 
program regulations generally IBR the Federal CSAPR trading program 
regulations as the Federal regulations had been amended through October 
26, 2016. The September 26, 2023, SIP submission would update the IBR 
language to reflect amendments EPA made to the Federal CSAPR trading 
program regulations in the 2021 Revised CSAPR Update \2\ and the 2022 
Recordation Rule.\3\ The SIP revision would also correct two cross-
references in the State's rule. Section II, below, briefly summarizes 
the framework of the CSAPR trading programs and how those programs are 
implemented in South Carolina.
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    \1\ On July 1, 2024, SC DHEC was restructured into a health 
agency, the Department of Public Health, and an environmental 
agency, the Department of Environmental Services (DES). In a letter 
dated June 20, 2024, South Carolina represented to EPA that all the 
functions, powers, and duties of the environmental divisions, 
offices, and programs of DHEC, including the authority to administer 
and enforce State Implementation Plans, are retained and continued 
in full force and effect under DES. The letter is in the docket for 
this proposed rulemaking. The State agency will simply be referred 
to as the State or South Carolina for the remainder of this 
document.
    \2\ Revised Cross-State Air Pollution Rule Update for the 2008 
Ozone NAAQS, 86 FR 23054 (Apr. 30, 2021).
    \3\ Deadlines for Submission and Recordation of Allowance 
Allocations Under the Cross-State Air Pollution Rule (CSAPR) Trading 
Programs and the Texas SO2 Trading Program, 87 FR 52473 
(Aug. 26, 2022).
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    EPA is proposing to approve South Carolina's September 26, 2023, 
SIP revision because it is consistent with EPA's good neighbor CSAPR 
trading programs and the CAA.\4\ Please refer to the Federal Register 
citations referenced herein, for additional detailed background on the 
CSAPR and subsequent rulemakings.
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    \4\ EPA is not taking action on changes reflected in this 
submittal to South Carolina Regulation 61-62.60, subpart XXX, 
subpart IIII, subpart JJJJ, and South Carolina Regulation 61-62.63, 
subpart C, subpart AAAA, subpart YYYY, subpart ZZZZ, subpart DDDDD, 
subpart GGGGG, subpart IIIII, and subpart HHHHHH, since these rules 
are not part of the SIP.
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II. Background on CSAPR and CSAPR-Related Rulemakings

    EPA published the original CSAPR in August 2011 to address the 
requirements of CAA section 110(a)(2)(D)(i)(I), known as the ``good 
neighbor'' provision, concerning interstate transport of air 
pollution.\5\ See 42 U.S.C. 7410(a)(2)(D)(i)(I). Acting to address the 
same statutory provision, EPA published the CSAPR Update \6\ in October 
2016 and the Revised CSAPR Update in April 2021. The three rules 
collectively require 27 southern, midwestern, and eastern States to 
limit their statewide emissions of SO2 and/or NOX 
in order to mitigate transported air pollution unlawfully impacting 
other States' ability to attain or maintain one or more of the 
following four NAAQS: the 1997 annual PM2.5 NAAQS, the 2006 
24-hour PM2.5 NAAQS, the 1997 8-hour ozone NAAQS, and the 
2008 8-hour ozone NAAQS. To implement the required emissions 
reductions, the rules include Federal implementation plans (FIPs) that 
require EGUs in each covered State to participate in one or more of six 
Federal emissions trading programs established under regulations set 
forth at 40 CFR part 97, subparts AAAAA through EEEEE and GGGGG.\7\
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    \5\ Federal Implementation Plans: Interstate Transport of Fine 
Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR 
48208 (Aug. 8, 2011).
    \6\ Cross-State Air Pollution Rule Update for the 2008 Ozone 
NAAQS, 81 FR 74504 (Oct. 26, 2016).
    \7\ The trading programs established under CSAPR, the CSAPR 
Update, and the Revised CSAPR Update include a program for annual 
NOX emissions; two geographically separate programs for 
annual SO2 emissions; and three geographically separate 
programs for ozone-season NOX emissions. While some of 
the requirements set forth in these three rules have been amended in 
subsequent rules, the subsequent amendments are not relevant to the 
South Carolina SIP revision addressed in this action.
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    As part of the original CSAPR in 2011, EPA determined that 
emissions from South Carolina significantly contributed to 
nonattainment or interference with maintenance of the 1997 ozone NAAQS 
and the 1997 24-hour PM2.5 NAAQS in other States.\8\ To 
address South Carolina's good neighbor obligations with respect to the 
1997 ozone NAAQS, the State's large EGUs became subject to the Federal 
CSAPR NOX Ozone Season Trading Program established in 
subpart BBBBB of 40 CFR part 97, and to address the State's good 
neighbor obligations with respect to the 1997 PM2.5 NAAQS, 
the State's large EGUs because subject to the Federal CSAPR 
NOX Annual Trading Program established in subpart AAAAA of 
40 CFR part 97 and the Federal CSAPR SO2 Group 2 Trading 
Program established in subpart DDDDD of 40 CFR part 97.\9\
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    \8\ See 76 FR at 48212.
    \9\ See 76 FR at 48373-74.
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    In the 2016 CSAPR Update, EPA determined that emissions from South 
Carolina do not significantly contribute to nonattainment or interfere 
with maintenance of the 1997 or 2008 ozone NAAQS in other States.\10\ 
As a result, EGUs in South Carolina ceased to be subject to the Federal 
CSAPR NOX Ozone Season Trading Program requirements starting 
with the 2017 ozone season.\11\ The CSAPR Update included technical 
corrections to all the trading programs established in CSAPR but did 
not otherwise address the 1997 or 2006 PM2.5 NAAQS. South 
Carolina's EGUs that meet the CSAPR applicability criteria therefore 
continued to be subject to the CSAPR requirements to participate in the 
Federal CSAPR NOX Annual Trading Program and the Federal 
CSAPR SO2 Group 2 Trading Program to address the State's 
good neighbor obligation with respect to the 1997 annual 
PM2.5 NAAQS.
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    \10\ See 81 FR at 74555.
    \11\ Id.
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    CSAPR includes provisions under which States may submit and EPA 
will approve SIP revisions to modify or replace the CSAPR FIP 
requirements while allowing States to continue to meet their good 
neighbor obligations using either CSAPR's Federal emissions trading 
programs or State emissions trading programs integrated with the 
Federal programs.\12\ South Carolina took advantage of these provisions 
in 2017. That year, South Carolina submitted and EPA approved revisions 
to South Carolina's SIP establishing two State CSAPR trading programs 
that replaced the two Federal CSAPR trading programs regarding South 
Carolina EGUs for annual emissions of NOX and 
SO2.\13\ EPA approved South Carolina's 2017 SIP submission 
in an action published on October 13, 2017, which added Regulation 61-
62.97, Cross-State Air Pollution Rule (CSAPR) Trading Program, to the 
South Carolina SIP. This rule contains two subparts: 61-62.97, Subpart 
A--South Carolina CSAPR NOX Annual Trading Program, and 61-
62.97, Subpart B--South Carolina CSAPR SO2 Group 2 Trading 
Program. In general, each subpart in South Carolina's CSAPR

[[Page 99182]]

State trading program rule was designed to replace the corresponding 
Federal trading program regulations.\14\ South Carolina's CSAPR trading 
programs are integrated with the Federal CSAPR NOX Annual 
Trading Program and the Federal CSAPR SO2 Group 2 Trading 
Program. The State trading programs are substantively identical to the 
Federal trading programs as amended in the CSAPR Update.\15\
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    \12\ See 40 CFR 52.38, 52.39. States also retain the ability to 
submit SIP revisions to meet their good neighbor obligations using 
mechanisms other than the CSAPR Federal trading programs or 
integrated State trading programs.
    \13\ See Air Plan Approval; South Carolina; Cross-State Air 
Pollution Rule, 82 FR 47936 (October 13, 2017).
    \14\ South Carolina Regulation 61-62.97, Subpart A--South 
Carolina CSAPR NOX Annual Trading program is designed to 
IBR most of subpart AAAAA of 40 CFR part 97, while separately 
listing the Phase 2 annual NOX trading budgets, set-
asides, and variability limits found at 40 CFR 97.410(a)(18)(iv) 
through (vi) and (b)(18). Regulation 61-62.97, Subpart B--South 
Carolina CSAPR SO2 Group 2 Trading Program is designed to 
IBR most of subpart DDDDD of 40 CFR part 97, while separately 
listing the Phase 2 annual SO2 budgets, set-asides, and 
variability limits found at 40 CFR and 97.710(a)(6)(iv) through (vi) 
and (b)(6).
    \15\ South Carolina retains EPA's default allowance allocation 
methodology, and EPA remains the implementing authority for 
administration of the trading program.
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    Since EPA's approval of the two State CSAPR trading programs into 
South Carolina's SIP in 2017, EPA has promulgated changes to the 
Federal CSAPR trading programs at 40 CFR part 97, subparts AAAAA and 
DDDDD, in the Revised CSAPR Update in 2021 and the Recordation Rule in 
2022. The primary purpose of the Revised CSAPR Update rulemaking was to 
complete the evaluation of good neighbor obligations of certain States 
(not including South Carolina) with respect to the 2008 ozone 
NAAQS.\16\ However, that rule also made certain amendments to subparts 
AAAAA and DDDDD of part 97, including adjustments to the procedures for 
allocating allowances from the portions of the States' emissions 
budgets set aside for potential allocation to new units (with 
conforming adjustments to the assurance provisions) \17\ as well as 
extensions to the deadlines for EPA to record allocations of allowances 
in sources' compliance accounts and for sources to hold allowances 
after each control period, whether the sources participate in the 
integrated trading programs under FIPs or under approved SIP revisions. 
The Recordation Rule further extended the deadlines for EPA to record 
allocations of allowances in sources' compliance accounts.
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    \16\ The Revised CSAPR Update did not reopen EPA's determination 
in the CSAPR Update that South Carolina does not contribute 
significantly to nonattainment in, or interfere with maintenance by, 
any other State with respect to the 2008 ozone NAAQS. See 86 FR 
23067 & n.60.
    \17\ The CSAPR trading programs' ``assurance provisions'' 
require the surrender of additional allowances if total emissions 
from a state's sources in a control period exceed the state's 
``assurance level,'' which equals the state's emissions budget plus 
a defined ``variability limit.'' See, e.g., 40 CFR 97.406(c)(2) and 
97.425.
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    South Carolina's current September 26, 2023, SIP revision would 
update the State's Air Pollution Control Regulations and Standards at 
Regulation 61-62.97 to align with the changes made by EPA to the 
Federal CSAPR NOX Annual Trading Program at 40 CFR part 97, 
subpart AAAAA, and the Federal CSAPR SO2 Group 2 Trading 
Program at 40 CFR part 97, subpart DDDDD, in the Revised CSAPR Update 
and the Recordation Rule.

III. South Carolina's SIP Submission and EPA's Analysis

A. South Carolina's SIP Submittal

    As described in section II of this preamble, EPA approved South 
Carolina's CSAPR SIP revision adopting the State rule at Regulation 61-
62.97 in an action published on October 13, 2017, replacing the Federal 
CSAPR NOX Annual and SO2 Group 2 trading programs 
at 40 CFR part 97, subparts AAAAA and DDDDD, for South Carolina EGUs 
with State CSAPR trading programs that are integrated with and 
substantively identical to the Federal trading programs.\18\ South 
Carolina's September 26, 2023, SIP submission seeks approval into the 
SIP of the State's revisions to its State CSAPR trading program rules 
that incorporate by reference more recent amendments to the Federal 
CSAPR trading program regulations. Specifically, the September 26, 
2023, SIP submission revises the IBR language at Regulation 61-62.97, 
subpart A, paragraph 1, and subpart B, paragraph 1, to IBR specified 
revisions to the Federal CSAPR trading programs made after the previous 
October 26, 2016, IBR date and through August 26, 2022. The submission 
also corrects existing cross-references in Regulation 61-62.97, subpart 
A, paragraph 3, and subpart B, paragraph 3.
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    \18\ See 82 FR 47936.
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B. EPA's Analysis of South Carolina's SIP Submission

    EPA is proposing to approve the portions of South Carolina's 
September 26, 2023, SIP submission that update Regulation 61-62.97 by 
incorporating the amendments to the Federal CSAPR NOX Annual 
and SO2 Group 2 trading programs at 40 CFR part 97 made in 
the Revised CSAPR Update and the Recordation Rule and by making 
technical corrections to cross-references. EPA's analysis below 
describes the specific changes included in the portions of the SIP 
submission that EPA is proposing to approve.
    South Carolina's September 26, 2023, SIP revision makes two 
distinct updates to the State CSAPR trading program rules at Regulation 
61-62.97. First, the SIP submission updates the IBR language at subpart 
A, paragraph 1, and subpart B, paragraph 1. The previously approved 
language IBRs ``the provisions of the July 1, 2016, edition'' of 40 CFR 
part 97, subparts AAAAA and DDDDD, ``as amended at 81 FR [74604-07 or 
74618-21] (October 26, 2016),'' where the referenced amendment is a 
citation to specific pages of the CSAPR Update. The September 26, 2023, 
SIP revision removes the phrase ``as amended at 81 FR [74604-07 or 
74618-21] (October 26, 2016)'' and replaces it with the new language 
``. . . as subsequently amended upon publication in the Federal 
Register as listed below . . .'' and then adds tables \19\ with 
citations to the CSAPR Update (81 FR 74504; October 26, 2016), the 
Revised CSAPR Update (86 FR 23054; April 30, 2021), and the Recordation 
Rule (87 FR 52473; August 26, 2022). The revised IBR language also adds 
the phrase ``as if fully repeated herein'' to clarify that the text of 
the Federal regulations covered by the IBR is to be interpreted as if 
that text was repeated verbatim in the State's own regulations. The 
revisions align the format and phrasing of the IBR language in the 
State's CSAPR trading program regulations with the format and phrasing 
of the IBR language in the State's existing New Source Performance 
Standards (NSPS) and National Emission Standards for Hazardous Air 
Pollutants (NESHAP) regulations.
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    \19\ This revised IBR table format lists the CSAPR rulemakings 
that amended the Federal NOX annual and SO2 
Group 2 trading programs at part 97 subpart AAAAA and DDDDD, 
respectively, and establishes August 26, 2022, as the new date by 
which part 97 amendments are incorporated into Regulation 61-62.97.
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    The second update to the State CSAPR trading program rules at 
Regulation 61-62.97 in South Carolina's SIP submission revises subpart 
A, paragraph 3, and subpart B, paragraph 3, to correct existing cross-
references. As originally adopted into the State's regulations, these 
paragraphs provided for ``40 CFR 97.404(a)(1) and (b)(1)'' and ``40 CFR 
97.704(a)(1) and (b)(1)'' in the Federal trading program regulations 
covered by the IBR to be interpreted with specified wording changes 
needed to ensure that any EGUs in areas of Indian country within the 
State's borders continue to be covered by the Federal trading program 
regulations rather than the State trading program

[[Page 99183]]

regulations. While EPA agreed with the State's wording changes, the 
paragraph citations were not entirely correct. The revisions included 
in this SIP revision retain the same wording changes but correct the 
paragraph citations so that the wording changes apply to ``40 CFR 
97.404(a)(1) and (b)'' and ``40 CFR 97.704(a)(1) and (b)'' instead.
    The changes included in the September 26, 2023, SIP submission make 
the State CSAPR trading program regulations more consistent with the 
current Federal CSAPR trading program regulations by incorporating 
amendments that EPA made to the Federal trading program regulations 
after approving South Carolina's CSAPR trading program regulations into 
the SIP and by correcting cross-references. EPA therefore is proposing 
to approve the portions of South Carolina's September 26, 2023, SIP 
submission that revise Regulation 61-62.97. EPA believes these portions 
of the SIP submission are consistent with the Federal CSAPR 
NOX Annual and SO2 Group 2 trading program 
regulations and the implementing provisions that govern a full CSAPR 
SIP revision and that the SIP as revised would continue to satisfy the 
State's good neighbor obligation pursuant to CAA section 
110(a)(2)(D)(i)(I) to prohibit emissions which will significantly 
contribute to nonattainment or interfere with maintenance of the 1997 
annual PM2.5 NAAQS in any other State.

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, and as discussed in section III of 
this preamble, EPA is proposing to incorporate by reference South 
Carolina Regulation 61-62.97, State effective August 25, 2023, which 
adopts and incorporates by reference Federal amendments to 40 CFR part 
97, subpart AAAAA--CSAPR NOX Annual Trading Program and 
subpart DDDDD--CSAPR SO2 Group 2 Trading Program promulgated 
after October 26, 2016, through August 26, 2022. EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and at the EPA Region 4 office (please contact the 
person identified in the For Further Information Contact section of 
this preamble for more information).

V. Proposed Action

    EPA is proposing to approve the September 26, 2023, South Carolina 
SIP revision consisting of changes to Regulation 61-62.97, CSAPR 
Trading Program, in the South Carolina SIP for the reasons discussed 
above.

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. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve State choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed action merely proposes to approve 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 14094 (88 FR 21879, April 11, 2023);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a State program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA.
    Because this proposed action merely proposes to approve State law 
as meeting Federal requirements and does not impose additional 
requirements beyond those imposed by State law, this proposed action 
for the State of South Carolina does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
Therefore, this proposed action will not impose substantial direct 
costs on Tribal governments or preempt Tribal law. The Catawba Indian 
Nation (CIN) Reservation is located within the boundary of York County, 
South Carolina. Pursuant to the Catawba Indian Claims Settlement Act, 
S.C. Code Ann. 27-16-120 (Settlement Act), ``all State and local 
environmental laws and regulations apply to the [Catawba Indian Nation] 
and Reservation and are fully enforceable by all relevant State and 
local agencies and authorities.'' The CIN also retains authority to 
impose regulations applying higher environmental standards to the 
Reservation than those imposed by State law or local governing bodies, 
in accordance with the Settlement Act.
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on communities with environmental justice 
(EJ) concerns to the greatest extent practicable and permitted by law. 
Executive Order 14096 (Revitalizing Our Nation's Commitment to 
Environmental Justice for All, 88 FR 25251, April 26, 2023) builds on 
and supplements E.O. 12898 and defines EJ as, among other things, the 
just treatment and meaningful involvement of all people regardless of 
income, race, color, national origin, or Tribal affiliation, or 
disability in agency decision-making and other Federal activities that 
affect human health and the environment.
    South Carolina did not evaluate EJ considerations as part of its 
SIP submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. EPA did not perform an EJ 
analysis and did not consider EJ in this proposed action. Due to the 
nature of the action being proposed here, this proposed 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 
proposed action, and there is no information in the record inconsistent 
with the stated goal of E.O. 12898/14096 of achieving EJ for 
communities with EJ concerns.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides.

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

[[Page 99184]]

    Dated: December 4, 2024.
C[eacute]sar Zapata,
Acting Regional Administrator, Region 4.
[FR Doc. 2024-28873 Filed 12-9-24; 8:45 am]
BILLING CODE 6560-50-P
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