Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Rules and Regulations 101477 

1 86 FR 26401 (May 14, 2021) (effective June 14, 

2021). 

2The full text of the comments is available in the 

docket for this action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Pollution, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: December 9, 2024. 

Earthea Nance, 

Regional Administrator, Region 6. 

For the reasons stated in the 

preamble, the EPA amends chapter I, 

title 40 of the Code of Federal 

Regulations 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 T—Louisiana 

■ 2. Amend § 52.978 by adding 

paragraph (b) to read as follows: 

§ 52.978 Control strategy and regulations: 

Sulfur Dioxide. 

* * * * * 

(b) Determination of failure to attain. 

Effective January 15, 2025, the EPA has 

determined that the Evangeline Parish 

nonattainment area failed to attain the 

2010 1-hour primary sulfur dioxide 

(SO2) national ambient air quality 

standard (NAAQS) by the applicable 

statutory attainment date of April 9, 

2023. This determination triggers the 

requirements of CAA section 179(d) for 

the State of Louisiana to submit a 

revision to the Louisiana SIP for the 

Evangeline Parish nonattainment area to 

the EPA December 16, 2024. The SIP 

revision must, among other elements, 

provide for attainment of the 1-hour 

primary SO2 NAAQS in the Evangeline 

Parish SO2 nonattainment area as 

expeditiously as practicable but no later 

than December 16, 2029. 

[FR Doc. 2024–29438 Filed 12–13–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2020–0434; FRL–12215– 

02–R6] 

Determination of Attainment by the 

Attainment Date for the 2010 1-Hour 

Primary Sulfur Dioxide National 

Ambient Air Quality Standard; Texas; 

Freestone-Anderson and Titus 

Counties 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is finalizing our determination that the 

sulfur dioxide (SO2) nonattainment area 

(NAA) in Freestone and Anderson 

Counties and the SO2 NAA in Titus 

County have each attained the 2010 1- 

hour primary SO2 national ambient air 

quality standard (NAAQS) by the 

applicable attainment date of January 

12, 2022. This determination is based on 

primary source shutdowns, available 

ambient air quality monitoring data 

from the 2019–2021 monitoring period, 

relevant modeling analysis, and 

additional emissions inventory 

information. This final action will 

address the EPA’s obligation under CAA 

section 179(c) to determine whether the 

Freestone-Anderson and Titus SO2

NAAs attained the 2010 1-hour primary 

SO2 NAAQS by the statutory attainment 

date of January 12, 2022, for each area. 

DATES: This rule is effective on January 

15, 2025. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2020–0434. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. 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, is not placed on 

the internet. Publicly available docket 

materials are available electronically 

through https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

James E. Grady, EPA Region 6 Office, 

Regional Haze and SO2 Section, (214) 

665–6745; grady.james@epa.gov. Please 

call or email Mr. Grady above or call Mr. 

Bill Deese at 214–665–7253 if you need 

alternative access to material indexed 

but not provided in the docket. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ mean ‘‘the EPA.’’ 

I. Background 

The background for this action is 

discussed in detail in our September 3, 

2024, proposed action (89 FR 71230). In 

that document, we proposed to 

determine that the Freestone-Anderson 

and Titus NAAs attained the 2010 1- 

hour primary SO2 NAAQS by the 

statutory attainment date of January 12, 

2022. This satisfies the obligation under 

CAA section 179(c) which required EPA 

to issue a determination within 6 

months of the attainment date (i.e., by 

July 12, 2022). Our proposed 

determination was based on EPA’s 

previous clean data determination 

(CDD) published on May 14, 2021; 1 the 

permanent and enforceable shutdowns 

of the primary sources of SO2 emissions 

in these areas; the available modeling 

analysis demonstrating that the Big 

Brown Steam Electric Station in 

Freestone County and the Monticello 

Steam Electric Station in Titus County 

were responsible for almost 100 percent 

of the SO2 impacts on the maximum 

modeled concentrations in each 

respective area; review of emissions 

data showing emissions within the 

Freestone-Anderson and Titus NAA’s 

have been reduced by nearly 100 

percent with the retirements of Big 

Brown and Monticello Steam Electric 

Stations in 2018 and that no other 

sources remain that are contributing to 

a violation of the SO2 NAAQS in those 

NAAs; and the Freestone County and 

Welsh monitors’ reported 2019–2021 

design values of 5 ppb (7 percent of the 

standard) and 19 ppb (25 percent of the 

standard) providing additional evidence 

that these areas are in attainment. 

II. Response to Comments 

The public comment period for our 

proposed determination of attainment 

by the attainment date expired on 

October 3, 2024. We received two 

comments total; 2 one from the Texas 

Commission on Environmental Quality 

(TCEQ) supporting our proposed action; 

and one that was outside the scope of 

this action and not related to the SO2

NAAs or our proposed determination. 

TCEQ’s comment included a request 

that EPA act on the Redesignation 

Request and Maintenance Plan SIP 

revision submitted on March 3, 2022, 

and we plan to act on that SIP submittal 

in a separate action in the future. Since 


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101478 Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Rules and Regulations 

there were no adverse comments 

received, we are finalizing our action as 

proposed. 

III. Final Action 

The EPA is finalizing our 

determination that the SO2 NAA in 

Freestone and Anderson Counties and 

the SO2 NAA in Titus County have each 

attained the 2010 1-hour primary SO2

NAAQS by the applicable attainment 

date of January 12, 2022. This 

determination is based on primary 

source shutdowns, available ambient air 

quality monitoring data from the 2019– 

2021 monitoring period, relevant 

modeling analysis, and additional 

emissions inventory information. This 

fulfills EPA’s obligation under CAA 

section 179(c) to determine whether the 

NAAs attained the SO2 NAAQS by the 

statutory attainment date. 

This action does not constitute a 

redesignation of the Freestone-Anderson 

and Titus NAA’s to attainment of the 

2010 1-hour SO2 NAAQS under section 

107(d)(3) of the CAA. The FreestoneAnderson and Titus NAA’s will remain 

designated nonattainment for the 2010 

1-hour SO2 NAAQS until EPA revises 

the area’s designation under CAA 

section 107(d)(3). 

IV. Environmental Justice 

Considerations 

Information on Executive Order 12898 

(Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations, 59 FR 7629, February 16, 

1994) and how EPA defines 

environmental justice (EJ) can be found 

in the section titled ‘‘V. Statutory and 

Executive Order Reviews.’’ EPA 

provided additional analysis of EJ 

associated with this action for the 

purpose of providing information to the 

public in the September 3, 2024, 

proposed action (89 FR 71230). This 

action is finalizing our proposed 

determination of attainment by the 

attainment date for the FreestoneAnderson and Titus SO2 NAAs. We 

expect that this action will have a 

neutral effect on the communities with 

EJ concerns, as this action only 

identifies that the areas attained the 

2010 1-hour primary SO2 NAAQS by the 

attainment date. 

V. Statutory and Executive Order 

Reviews 

This action determined that two areas 

have attained the SO2 NAAQS by the 

relevant attainment dates 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, 

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 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 CAA. 

In addition, this final action, the 

finding of attainment by the attainment 

date for the Freestone-Anderson and 

Titus SO2 NAAs, does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because this action is not 

intended 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, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on communities with EJ 

concerns to the greatest extent 

practicable and permitted by law. The 

EPA defines 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.’’ 

This action is exempt from the 

Congressional Review Act because it is 

a rule of particular applicability. The 

rule makes factual determinations for an 

identified entity (the FreestoneAnderson and Titus areas of Texas), 

based on facts and circumstances 

specific to that entity. The 

determination of attainment of the 2010 

SO2 NAAQS does not in itself create any 

new requirements beyond what is 

mandated by the CAA. 

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 14, 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 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. 

Dated: December 9, 2024. 

Earthea Nance, 

Regional Administrator, Region 6. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency 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 SS—Texas 

■ 2. In § 52.2277, revise paragraph (b) to 

read as follows: 

§ 52.2277 Control strategy and 

regulations: Sulfur Dioxide. 

* * * * * 

(b) Determination of Attainment by 

the Attainment Date. Effective January 

15, 2025, the EPA finalizes its 


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Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Rules and Regulations 101479 

1 89 FR 67012. 

determination that the sulfur dioxide 

nonattainment area in Freestone and 

Anderson Counties and the sulfur 

dioxide nonattainment area in Titus 

County have each attained the 2010 1- 

hour primary sulfur dioxide National 

Ambient Air Quality Standard by the 

applicable attainment date of January 

12, 2022, in accordance with CAA 

section 179(c). This determination is 

based on primary source shutdowns, 

available ambient air quality monitoring 

data from the 2019–2021 monitoring 

period, relevant modeling analysis, and 

additional emissions inventory 

information. 

[FR Doc. 2024–29436 Filed 12–13–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2024–0199; FRL–12188– 

02–R9] 

Air Quality Plans; Arizona; Maricopa 

County Air Quality Department; 

Source-Specific SIP Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action on 

a source-specific revision to the 

Maricopa County Air Quality 

Department’s (MCAQD or 

‘‘Department’’) portion of the Arizona 

State Implementation Plan (SIP). This 

revision consists of certain permit 

conditions related to emissions offsets 

generated from the replacement of 

existing diesel-fueled solid waste 

collection trucks promulgated by the 

MCAQD and submitted by the State of 

Arizona for inclusion in the Maricopa 

County portion of the Arizona SIP under 

the Clean Air Act (CAA or ‘‘Act’’). The 

permit conditions were submitted for 

SIP approval to ensure that they are 

federally enforceable, which is the basis 

for qualifying certain emissions 

reductions as creditable offsets under 

the CAA. 

DATES: This rule is effective on January 

15, 2025. 

ADDRESSES: The EPA has established a 

docket for this action under Docket No. 

EPA–R09–OAR–2024–0199. All 

documents in the docket are listed on 

the https://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 https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section. If you 

need assistance in a language other than 

English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Christa Leska, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105; by phone: (415) 972–3930; or by 

email to leska.christa@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On August 19, 2024, the EPA 

proposed approval of the source-specific 

SIP revision to the Arizona SIP.1 The 

SIP revision consists of adding portions 

of the following three operating permits: 

P0011602, P0011603, P0011601. The 

submitted permit conditions ensure that 

emission reduction credits granted to 

Waste Management for replacing 

existing diesel-fired solid waste 

collection trucks with compressed 

natural gas (CNG)-fired solid waste 

collection trucks meet the offset 

integrity criteria contained in 40 CFR 

part 51.165(a)(3)(ii)(C)(1)(i), which 

requires such emission reductions to be 

surplus, permanent, quantifiable, and 

federally enforceable. Although the 

permit conditions are federally 

enforceable pursuant to 40 CFR 52.23, 

approving these permit conditions into 

the SIP ensures their permanence and 

preserves their federal enforceability. 

II. Public Comments 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, no comments were 

submitted on our proposal. 

III. EPA Action 

No comments were submitted on our 

proposal. Therefore, as authorized in 

sections 110(k)(3) and 301(a) of the Act, 

the EPA is finalizing approval of this 

revision to the Arizona SIP. This action 

incorporates the submitted permit 

conditions into the Maricopa County 

portion of the Arizona SIP, which 

provides the necessary federal 

enforceability for these permit 

conditions. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the three 

source-specific SIP revisions identified 

by permit numbers P0011601, P0011602 

and P0011603 issued to Waste 

Management, submitted on April 3, 

2024. These source-specific SIP 

revisions incorporate specific provisions 

from permits issued by the MCAQD to 

ensure certain emission reductions are 

surplus, permanent, quantifiable, and 

federally enforceable. The EPA has 

made, and will continue to make, these 

materials available through https://

www.regulations.gov and in hard copy 

at the EPA Region IX Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act 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 Clean Air 

Act. 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 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 


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