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[Federal Register Volume 89, Number 246 (Monday, December 23, 2024)]
[Proposed Rules]
[Pages 104471-104476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30212]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[EPA-HQ-OAR-2023-0262; FRL-12160-01-OAR]
RIN 2060-AW41

Regional Haze Third Implementation Period; Extension of the State 
Implementation Plan Due Date

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
revisions to the Regional Haze Rule under the Clean Air Act (CAA) to 
change the due date for the next round of State Implementation Plans 
(SIPs) for the third implementation period. Under the Regional Haze 
Rule, States must submit plans to protect visibility in mandatory Class 
I Federal areas (Class I areas) to continue reasonable progress towards 
natural visibility.

DATES: Comments must be received on or before February 6, 2025.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2023-0262, by any of the following methods: via the Federal 
eRulemaking Portal, http://www.regulations.gov (our preferred method). 
Follow the online instructions for submitting comments.
    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: Ms. Paige Wantlin, Air Quality Policy 
Division, Office of Air Quality Planning and Standards (Mailcode C539-
01), Environmental Protection Agency, 109 TW Alexander Drive, Research 
Triangle Park, NC 27711; telephone number: (919) 541-5760; email 
address: [email protected] or Mr. Brian Timin, Air Quality Policy 
Division, Office of Air Quality Planning and Standards (Mailcode C539-
01), Environmental Protection Agency, 109 TW Alexander Drive, Research 
Triangle Park, NC 27711; telephone number: (919) 541-1850; email 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Public Participation

Written Comments

    Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2023-
0262, 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 the 
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. 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 the EPA public comment policy; information about CBI, PBI, or 
multimedia submissions; and general guidance on making effective 
comments.

II. General Information

A. Preamble Glossary of Terms and Acronyms

    The following are abbreviations of terms used in this document.

CAA Clean Air Act

[[Page 104472]]

CFR Code of Federal Regulations
EGU Electric generating unit
EPA Environmental Protection Agency
FLM(s) Federal Land Managers
NAAQS National Ambient Air Quality Standards
NOX Nitrogen oxides
OMB Office of Management and Budget
PM Particulate matter
PM2.5 Particulate matter equal to or less than 2.5 
microns in diameter (fine particulate matter)
PM10 Particulate matter equal to or less than 10 microns 
in diameter
PRA Paperwork Reduction Act
RPG Reasonable progress goal
SIP State implementation plan
SO2 Sulfur dioxide

B. Does this action apply to me?

    Entities potentially affected directly by this proposed rule 
include State, local and Tribal governments, as well as Federal Land 
Managers (FLMs) responsible for protection of visibility in mandatory 
Class I areas. Entities potentially affected indirectly by this 
proposed rule include owners and operators of sources that emit 
particulate matter equal to or less than 10 microns in diameter 
(PM10), particulate matter equal to or less than 2.5 microns 
in diameter (PM2.5 or fine PM), sulfur dioxide 
(SO2), oxides of nitrogen (NOX), volatile organic 
compounds and other pollutants that may cause or contribute to 
visibility impairment. Others potentially affected indirectly by this 
proposed rule include members of the general public who live, work or 
recreate nearby or in mandatory Class I areas affected by visibility 
impairment. Because emissions sources that contribute to visibility 
impairment in Class I areas also may contribute to air pollution in 
other areas, members of the general public may also be affected by this 
proposed rulemaking.

C. What should I consider as I prepare my comments for the EPA?

    When submitting comments, remember to identify the rulemaking 
docket by docket number and other identifying information (such as 
subject heading and Federal Register date and page number). Commenters 
should follow directions described in the proposed rule by responding 
to specific questions or by organizing comments by referencing a Code 
of Federal Regulations (CFR) part or section number. Commenters should 
also explain why they agree or disagree, suggest alternatives, or 
substitute language for requested changes. To support comments, 
described any assumptions and provide any technical information and/or 
data that you used to support your comment. If you estimate potential 
costs or burdens, explain how you arrived at your estimate in 
sufficient detail to allow for it to be reproduced. Please provide 
specific examples to illustrate your concerns wherever possible, 
suggest alternatives, and explain your views as clearly as possible 
while avoiding profanity or personal threats. Finally, make sure to 
submit your comments by the comment period deadline.
    Please note that this proposed rulemaking is narrow in scope. 
Please focus your comments on only those sections of the CFR affected 
by our proposed changes. Comments that are outside the scope of this 
proposed action will not be considered.

D. Where can I obtain a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this Federal Register document will be posted at http://www.epa.gov/visibility.

E. How is this Federal Register document organized?

    The information presented in this document is organized as follows:

I. Public Participation
II. General Information
    A. Preamble Glossary of Terms and Acronyms
    B. Does this action apply to me?
    C. What should I consider as I prepare my comments for the EPA?
    D. Where can I obtain a copy of this document and other related 
information?
    E. How is this Federal Register document organized?
III. What action is the EPA proposing to take?
IV. What is the background for the EPA's proposed action?
    A. Regional Haze
    B. Requirements for Regional Haze SIPs for the Second 
Implementation Period
V. Proposed Rule Changes
VI. Environmental Justice Considerations
VII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 14094: Modernizing Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health & Safety Risks
    H. Executive Order 13211: Actions that Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations and Executive Order 14096: Revitalizing Our Nation's 
Commitment to Environmental Justice for All
VIII. Statutory Authority

III. What action is the EPA proposing to take?

    The EPA is proposing to revise the due date for the next required 
regional haze SIP revision from the current due date of July 31, 2028, 
to a revised due date of July 31, 2031. The revised SIP due date would 
apply to periodic comprehensive State implementation plans developed 
for the third regional haze implementation period.\1\ The proposed 
change to the third regional haze SIP due date has no effect on prior 
due dates for the second \2\ or prior \3\ implementation periods under 
the existing Regional Haze Rule. The EPA is also proposing to revise 40 
CFR 51.308(f) to clarify that the due date for the fourth 
implementation period SIPs will still be due on July 31, 2038. The end 
date for the third implementation period is not being revised and will 
remain in 2038. Therefore, State plans will remain focused on emissions 
reduction measures designed to achieve reasonable progress by 2038, as 
required by the current rule. Other than the proposed change to the 
next due date for periodic comprehensive SIP revisions (i.e., for those 
currently due in 2028) and clarifying the due date for future periodic 
comprehensive SIP revisions (i.e., for those that will still be due in 
2038), the EPA is proposing no other changes for due dates for future 
periodic comprehensive SIP revisions or future progress reports.
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    \1\ While the EPA uses ``implementation period'' in this notice 
of proposed rulemaking, we note that ``planning period'' may be used 
in other Regional Haze guidance, policy, and rules. The terms may be 
used interchangeably and convey the same meaning.
    \2\ SIP revisions for the second implementation period were due 
July 31, 2021.
    \3\ SIPs for the first implementation period were due December 
17, 2007.
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    The EPA is proposing a third implementation period deadline change 
from July 31, 2028, to July 31, 2031, for several reasons, as described 
more fully later in this proposed action. The EPA intends to propose 
revisions to the Regional Haze Rule through a notice-and-comment 
rulemaking. Once finalized, these revisions would impact the third 
implementation period SIPs. The proposed extension rule revisions also 
clarify that the due date for the fourth implementation period SIPs 
remains 2038 and does not alter the previously established SIP 
schedule. The current SIP revision deadline of July 31, 2028, is not 
expected to provide States with enough time to develop their

[[Page 104473]]

regional haze SIP revisions to reflect any updated requirements based 
on the anticipated forthcoming rule revisions. In addition, extending 
the third implementation period SIP due date allows States to obtain 
and consider the potential emissions reductions resulting from 
implementing other near-term regulatory programs,\4\ including 
implementation of measures adopted as part of the regional haze second 
implementation period. The SIP due date extension would also allow 
States to develop SIP revisions for the third implementation period 
that are more integrated with State planning for these other programs. 
This was an advantage that was identified in feedback from States over 
prior implementation periods and that is anticipated to result in 
greater environmental progress than if planning for these multiple 
programs were not as well integrated.\5\
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    \4\ This includes programs such as such as the 2015 8-hour Ozone 
NAAQS Serious and Severe Area SIPs, implementation of the 2024 
annual PM2.5 NAAQS revised standard, CAA section 111(d) 
EGU State plans, and CAA section 111(d)--OOOO(c) Oil and Gas State 
plans.
    \5\ In early 2024, the EPA conducted a series of outreach 
webinars to inform stakeholders of EPA's intent to revise the 
Regional Haze Rule for the third implementation period. Comments on 
potential rule revisions were submitted to a non-regulatory docket 
(EPA-HQ-OAR-2023-0262). Many commenters requested that the EPA 
extend the third implementation period SIP deadline by 3-5 years 
following any major revision of the Regional Haze Rule given that 
regional haze SIP development requires many years and States do not 
yet know how any major regulatory revisions will impact the SIP 
development process. See FN 21 for more information.
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    While the EPA is proposing the specific extended third 
implementation period SIP deadline of July 31, 2031, and clarifying the 
deadline remains July 31, 2038 for the fourth implementation period 
SIPs, the EPA is also soliciting comment on alternative deadline 
options for the third implementation period Haze SIPs. Commenters may 
suggest alternate deadline options for the third implementation period 
regional haze SIP revisions by submitting alternatives to Docket ID No. 
EPA-HQ-OAR-2023-0262 at http://www.regulations.gov. If commenters 
provide feedback identifying a date other than July 31, 2031, the EPA 
asks that comments also include the specific basis and/or rationale for 
the identified date.

IV. What is the background for the EPA's proposed action?

A. Regional Haze

    Regional haze is visibility impairment that is produced by a 
multitude of sources and activities that are located across a broad 
geographic area and emit PM10, PM2.5 (e.g., 
sulfates, nitrates, organic carbon, elemental carbon and soil dust) and 
their precursors (e.g., SO2, NOX and, in some 
cases, ammonia and volatile organic compounds). Fine particle 
precursors react in the atmosphere to form PM2.5, which 
impairs visibility by scattering and absorbing light. This light 
scattering reduces the clarity, color and visible distance that one can 
see. Particulate matter can also cause serious health effects in humans 
(including premature death, heart attacks, irregular heartbeat, 
aggravated asthma, decreased lung function and increased respiratory 
symptoms) and contribute to environmental effects such as acid 
deposition and eutrophication.

B. Requirements for Regional Haze SIPs for the Second Implementation 
Period

    In 2017, the EPA revised the Regional Haze Rule (2017 RHR) to 
clarify States' obligations and streamline certain regional haze 
requirements for the second implementation period.\6\ These revisions 
to the regional haze program focused on the requirement that States' 
SIPs contain long-term strategies for making reasonable progress 
towards the national visibility goal. These reasonable progress 
requirements as revised in the 2017 rulemaking are codified at 40 CFR 
51.308(f). Among other changes, the 2017 RHR adjusted the deadline for 
States to submit their second implementation period SIPs,\7\ clarified 
the order of analysis and the relationship between the reasonable 
progress goals and the long-term strategy and focused on making 
visibility improvements on the days with the most anthropogenic 
visibility impairment, as opposed to the days with the most visibility 
impairment overall. The EPA also revised requirements of the visibility 
protection program related to periodic progress reports and FLM 
consultation.
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    \6\ 82 FR 3078 (January 10, 2017).
    \7\ The 2017 RHR extended the deadline to submit second 
implementation period SIPs from July 31, 2018, to July 31, 2021. Id. 
at 3116-3118.
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    Currently, 40 CFR 51.308(f) requires States to submit periodic 
comprehensive revisions of implementation plans (referred to in this 
document as periodic comprehensive SIP revisions) addressing regional 
haze visibility impairment by no later than July 31, 2021, July 31, 
2028, and every 10 years thereafter. All 50 States, the District of 
Columbia, and the U.S. Virgin Islands are required to submit regional 
haze SIPs satisfying the applicable requirements for the second 
implementation period of the regional haze program. Each SIP must 
contain a long-term strategy for making reasonable progress toward 
meeting the national goal of remedying any existing and preventing any 
future anthropogenic visibility impairment in Class I areas.\8\ To this 
end, 40 CFR 51.308(f) lays out the process by which States determine 
what constitutes their long-term strategies, with the order of the 
requirements in 40 CFR 51.308(f)(1) through (3) generally mirroring the 
order of the steps in the reasonable progress analysis \9\ and 40 CFR 
51.308(f)(4) through (6) containing additional, related requirements. 
In addition to satisfying the requirements at 40 CFR 51.308(f) related 
to reasonable progress, the regional haze SIP revisions for the second 
implementation period must address the requirements in 40 CFR 
51.308(g)(1) through (5) pertaining to periodic reports describing 
progress towards the reasonable progress goals (RPGs), 40 CFR 
51.308(f)(5), as well as requirements for FLM consultation that apply 
to all visibility protection SIPs and SIP revisions.\10\
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    \8\ CAA 169A(b)(2)(B).
    \9\ The EPA explained in the 2017 RHR Revisions that we were 
adopting new regulatory language in 40 CFR 51.308(f) that, unlike 
the structure in 51.308(d), ``tracked the actual planning 
sequence.'' (82 FR 3091, January 10, 2017).
    \10\ 40 CFR 51.308(i).
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    For additional background on the EPA's regional haze program and 
the 2017 RHR revisions, please refer to Section III. Overview of 
Visibility Protection Statutory Authority, Regulation, and 
Implementation of ``Protection of Visibility: Amendments to 
Requirements for State Plans'' of the 2017 RHR.\11\
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    \11\ See 82 FR 3078 (January 10, 2017, located at https://www.federalregister.gov/documents/2017/01/10/2017-00268/protection-of-visibility-amendments-to-requirements-for-State-plans#h-16).
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V. Proposed Rule Changes

    The EPA has announced its intention to revise the Regional Haze 
Rule, in part to incorporate lessons learned from the implementation of 
the rule in the second implementation period. Given that such revisions 
have not yet been proposed, we are proposing to extend the SIP due date 
timeline to avoid a situation where the rule revisions are finalized 
too close in time to the existing timeline, resulting in State 
inability to meet that timeline. Therefore, we are proposing to extend 
the SIP deadline in anticipation that it will be necessary to provide 
States with sufficient time to take potential revisions into account 
when developing their SIPs. Indeed, we expect that extending the 
deadline to align with the

[[Page 104474]]

forthcoming Regional Haze Rule revisions will result in a more 
effective program in terms of achieving the goal of improved visibility 
in Class I areas by aligning programmatic objectives with an 
opportunity for holistic air quality planning approaches across 
multiple criteria air pollutants. In addition, we are also proposing 
revisions that would clarify that the fourth implementation plans are 
still due on July 31, 2038, and do not significantly alter the 
originally intended SIP revision schedule.

Extension of the Next Regional Haze SIP Deadline From 2028 to 2031

    The EPA is proposing to amend 40 CFR 51.308(f) to extend the 
compliance deadline for the third periodic comprehensive SIP revisions 
from July 31, 2028, to July 31, 2031. We are also proposing revisions 
to clarify that the compliance deadline for the fourth periodic 
comprehensive SIP revisions is still July 31, 2038. Periodic 
comprehensive SIP revisions for the third implementation period would 
be due on July 31, 2031, SIP revisions for the fourth implementation 
period would be due on July 31, 2038, and future periodic comprehensive 
SIP revisions would be due every 10 years thereafter. The EPA is not 
proposing to change the end date for the third implementation period, 
which will remain 2038 regardless of when States submit their SIP 
revisions. The EPA is also not proposing to amend the due date for 
third implementation period progress reports, which remain due in 2033.
    The EPA is within its statutory authority to propose this deadline 
extension.\12\ First, the EPA's proposal to extend the third 
implementation period's submission deadline by 3 years will not impact 
the EPA's statutory duty to ensure that reasonable progress towards 
natural visibility is being made at Class I areas. Section 169A(a)(4) 
of the CAA requires the EPA to promulgate regulations to assure (1) 
reasonable progress toward meeting the national goal of preventing any 
future and remedying any existing visibility impairment; and (2) 
compliance with other regional haze requirements. Then, CAA section 
169A(b) generally outlines what EPA must cover in those regulations. 
Under CAA section 169A(b)(2)(B), regional haze SIP submissions must 
include, among other things, a long-term, 10-to-15-year, strategy for 
making reasonable progress toward meeting the national goal. Although 
second implementation period SIPs were initially due in 2018, when the 
EPA extended that deadline to 2021,\13\ the second implementation 
period still ended in 2028. Therefore, the third implementation 
period's long-term strategy could end anywhere between 2038-2043. 
However, as outlined in this proposal, the EPA is proposing for the SIP 
submission deadline to be 2031, with the third implementation period 
still ending in 2038. Therefore, the timing of third implementation 
period SIPs will still allow for a long-term strategy that meets the 
statutory requirements and will not elongate the third implementation 
period. This is especially true given that the due date for the fourth 
periodic comprehensive SIP revisions is still July 31, 2038.
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    \12\ The EPA is authorized to promulgate the Regional Haze Rule 
under CAA sections 110, 114, 121, 160-169, and 169A.
    \13\ 82 FR 3078 at 30116-3118 (January 10, 2017).
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    The EPA acknowledges that extending the deadline to submit third 
implementation SIPs by three years will also extend the timeframe for 
additional measures to be added to the State's long-term strategy by 
three years. However, between 2028 and 2031, existing regional haze 
implementation plans that include measures deemed necessary for 
reasonable progress for the first two implementation periods will 
continue to be in place. Additionally, if a State would ever wish to 
revise those measures being implemented under its current SIP, the 
State would have to submit a SIP revision for EPA review. In that 
review, the EPA is obligated to ensure, inter alia, that such a 
revision does not contribute to an increase in anthropogenic visibility 
impairment in any Class I area. Therefore, despite EPA's proposed 3-
year extension, the measures deemed necessary for reasonable progress 
during the first two implementation periods will continue to ensure 
reasonable progress from 2028 to 2031 and beyond, unless the State 
submits a SIP revision.
    Under the current rule, when determining what is necessary for 
reasonable progress within a given implementation period, States must 
consider the four statutory factors under CAA section 169(A)(g)(1).\14\ 
However, before considering the four statutory factors, States must 
conduct photochemical modeling and/or other technical analyses to 
estimate their contributions of anthropogenic visibility impairment in 
various Class I areas nationwide. States then select sources for 
analysis under the four statutory factors to determine if new controls 
are necessary or if existing controls suffice to make reasonable 
progress and justify their decisions within their SIP. As discussed 
later in this section, States have indicated that it may take 4 years 
to complete this work. Providing States sufficient time to develop 
meaningful and comprehensive SIPs that address visibility improvement 
goals ultimately helps ensure that the SIPs contain measures that are 
necessary for reasonable progress and will in fact make progress 
towards the national goal of eliminating existing and preventing future 
visibility impairment.
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    \14\ In determining what measures are necessary for reasonable 
progress, States must consider the cost of compliance, the time 
necessary for compliance, the energy and nonair quality 
environmental impacts of compliance, and the remaining useful life 
of any existing source subject to such requirements (CAA section 
169A(g)(1)).
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    Furthermore, while SIP development schedules can vary State-to-
State, regional haze SIPs often take longer than 2 years to develop due 
to modeling and technical analyses that are performed up front, prior 
to SIP development. As an example, the most recent Regional Haze Rule 
revisions were published in January 2017 and gave States approximately 
4.5 years from the publication date to submit final SIP revisions.\15\ 
Even with the 4-year notice, only 8 (out of 52 required) States 
submitted SIPs by the July 31, 2021, compliance deadline for the second 
implementation period. Multiple States claimed that the 4-year window 
was an insufficient period of time in which to develop legally 
compliant SIPs.\16\ While the EPA believes that States were given a 
reasonable amount of time to develop and submit their SIPs for the 
second implementation period, it is clear that States need time beyond 
the current 2028 deadline to complete the necessary technical work 
(which often includes photochemical modeling, as discussed earlier in 
this section), make appropriate and reasonable decisions on the content 
of their long-term strategies, fully document the work in a SIP 
submittal, satisfy the FLM consultation and public comment 
requirements, and sometimes lengthy State legislative requirements. 
Based on this past experience, we estimate that States will need 
approximately 4 years to complete this work. Given the current rule 
revisions schedule, that aligns with a 2031 third implementation period 
SIP due date.
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    \15\ See 40 CFR 51.308(f): ``Each State identified in Sec.  
51.300(b) must revise and submit its regional haze implementation 
plan revision to EPA by July 31, 2021, July 31, 2028, and every 10 
years thereafter . . .''
    \16\ See comments submitted to our non-regulatory docket (EPA-
HQ-OAR-2023-0262), available at https://www.regulations.gov/.
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    Finally, extending the regional haze SIP due date will also allow 
States to coordinate regional haze planning with other CAA regulatory 
program planning,

[[Page 104475]]

including but not limited to the 2015 8-hr Ozone NAAQS Serious Area and 
Severe Area SIPs,\17\ implementation of the 2024 annual 
PM2.5 NAAQS revised standard,\18\ CAA section 111(d) 
electric generating unit (EGU) State Plans,\19\ and CAA section 
111(d)--OOOO(c) Oil and Gas State Plans.\20\ With this proposed 
extension, States would be able to gather more information on the 
effects of these programs and develop periodic comprehensive SIP 
revisions that are more integrated with State planning for these other 
programs, an advantage that has been identified by States in comments 
submitted to the non-regulatory docket.21 22 The Regional 
Haze Rule requires States to address the impacts of other regulatory 
programs when developing their regional haze SIPs and States have 
stressed the importance of coordination between programs. A number of 
other regulatory programs will be taking effect in the coming years, 
which presents a strategic opportunity for States to coordinate their 
strategies to address significant sources of emissions. The EPA expects 
this cross-program coordination to lead to better overall policies and 
enhanced environmental protection.
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    \17\ See 83 FR 10376.
    \18\ See 89 FR 16202.
    \19\ See 88 FR 80480.
    \20\ Id.
    \21\ In early 2024, the EPA solicited feedback from interested 
parties on revisions to the Regional Haze Rule to improve 
implementation of the regional haze third, and possibly later, 
implementation period SIPs in advance of proposing rule revisions. 
To facilitate this effort, the EPA conducted a series of 
informational public webinars intended to help the public consider 
different aspects of the current Regional Haze Rule relating to how 
key aspects of the program could be implemented in future 
implementation periods. Following the public webinar series, we 
invited interested parties to submit comments and feedback to a non-
regulatory docket (EPA-HQ-OAR-2023-0262).
    \22\ See comments submitted to our non-regulatory docket (EPA-
HQ-OAR-2023-0262), available at https://www.regulations.gov/.
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    With this in mind, we are proposing this SIP due date extension for 
several reasons. First, the EPA has indicated its intent to develop a 
rulemaking that may substantively revise aspects of the Regional Haze 
Rule, which would impact the third implementation period SIPs, and 
possibly into future implementation periods. The public can track the 
EPA's progress on rulemakings through the EPA's Regulatory Agenda, 
which generally includes regulatory timelines.\23\ Therefore, the 
current SIP revision deadline of July 31, 2028, will likely not provide 
States sufficient time to thoughtfully develop their regional haze SIP 
revisions to reflect any updated requirements based on the anticipated 
timing of the forthcoming rule revisions. At this time, it is premature 
to explain how the current requirements in 40 CFR 51.308(f) will 
change; however, the EPA acknowledges that it has announced an 
intention to revise the Regional Haze Rule for purposes of the third 
implementation period on a timeline that is likely not consistent with 
the current third implementation period SIP due date, as previously 
described.
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    \23\ EPA's Regulatory Agenda may be accessed through the 
following website: https://www.epa.gov/laws-regulations/regulatory-agendas-and-regulatory-plans.
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VI. Environmental Justice Considerations

    When finalized, the proposed regulation will revise procedural and 
timing aspects of the SIP requirements for visibility protection but 
will not change the requirement that SIPs provide for reasonable 
progress towards the goal of natural visibility conditions consistent 
with the CAA timeline. Additionally, when finalized, the proposed 
revision will apply a new timeline for SIP submission that will affect 
all States.
    The EPA acknowledges that the proposed delay in submitting SIP 
revisions from 2028 to 2031 might cause delays in when sources must 
comply with any new requirements. However, because neither the CAA nor 
the existing Regional Haze Rule set specific deadlines for when sources 
must comply with any new requirements in a State's next periodic 
comprehensive SIP revision, States have substantial discretion in 
establishing reasonable compliance deadlines for measures in their 
SIPs. Given this, we expect to see a range of compliance deadlines in 
the next round of regional haze SIPs from early in the third 
implementation period to 2038, depending on the types of measures 
adopted, whether or not these proposed rule changes are finalized. 
Thus, the EPA believes the delay in the periodic comprehensive SIP 
revision submission deadline from 2028 to 2031 will not meaningfully 
reduce the overall progress towards better visibility made by the end 
of 2038 and will not meaningfully adversely affect environmental 
protection for all general segments of the population.
    Since the revision applies nationally, the EPA anticipates there 
may be areas impacted where conditions exist that have the potential to 
result in disproportionate and adverse effects on communities with 
environmental justice concerns. However, it is not practicable to 
provide any more detailed assessment. Nonetheless, the EPA offered 
meaningful engagement related to today's proposal above and beyond 
minimum notice and comment rulemaking obligations. For example, today's 
proposal was preceded by seeking comment on a wide array of issues 
related to the implementation of the Regional Haze Program. EPA did 
this through the opening of a non-regulatory docket, which occurred on 
March 28, 2024, and will close December 31, 2024.\24\ So far, the EPA 
has received 32 comments from different perspectives. Many of the 
comments requested and supported the action being proposed today. 
Consistent with legal requirements, the EPA is now seeking comment on 
this specific proposal as well.
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    \24\ This docket will be open for public comment from March 28, 
2024, to December 31, 2024, however, comments received after June 
28, 2024, will be considered late and EPA may be unable to consider 
comments received after this date.
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VII. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 14094: Modernizing 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.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulations and has assigned OMB 
control number 2060-0704. This action simply proposes to extend the SIP 
due date. The burden associated with developing and submitting SIPs is 
covered in the existing information collection request. This action 
does not impose an information collection burden because it does not 
create an obligation for Regional offices, States, or sources to submit 
new information to the EPA.

C. Regulatory Flexibility Act

    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. Small entities are not 
subject to the requirements of this rule.

[[Page 104476]]

D. Unfunded Mandates Reform Act

    I certify that this action does not contain an 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.

E. 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.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have Tribal implications as specified in 
Executive Order 13175. It would not have a substantial direct effect on 
one or more Indian Tribes. Furthermore, these proposed regulation 
revisions do not affect the relationship or distribution of power and 
responsibilities between the Federal government and Indian Tribes. The 
CAA and the TAR establish the relationship of the Federal government 
and Tribes in characterizing air quality and developing plans to 
protect visibility in Class I areas. Thus, Executive Order 13175 does 
not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health & Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental 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. Therefore, this action is not 
subject to Executive Order 13045 because it does not concern an 
environmental health risk or safety risk. Since this action does not 
concern human health, the EPA's Policy on Children's Health also does 
not apply.

H. 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.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations and 
Executive Order 14096: Revitalizing Our Nation's Commitment to 
Environmental Justice for All

    The EPA believes that it is not practicable to assess whether the 
human health or environmental conditions that exist prior to this 
action result in disproportionate and adverse effects on communities 
with environmental justice concerns. This action revises a procedural 
requirement--a deadline for submission of a SIP requirement, for all 
States, the District of Columbia, and the U.S. Virgin Islands. Neither 
the CAA nor the RHR require States to conduct an evaluation of 
environmental justice when preparing a Haze SIP, although the EPA 
encourages States to consider whether there may be equity and 
environmental justice considerations when developing a Haze SIP. This 
proposed rulemaking only proposes to extend the SIP deadline for the 
third implementation period. It does not revise or impose new 
requirements regarding the development of a Haze SIP. For these 
reasons, the EPA believes that it is not practicable to assess whether 
this action is likely to result in new disproportionate and adverse 
effects on communities with environmental justice concerns. As was 
explained in this action, the EPA provided for meaningful outreach and 
engagement through the opening of a nonregulatory docket and receipt of 
feedback, including feedback being considered as part of this proposed 
rulemaking.

VIII. Statutory Authority

    The statutory authority for this action is provided by 42 U.S.C. 
7403, 7407, 7410 and 7491(A)(b).

List of Subjects in 40 CFR Part 51

    Environmental protection, administrative practice and procedure, 
air pollution control, nitrogen dioxide, particulate matter, sulfur 
oxides, transportation, volatile organic compounds.

Michael S. Reagan,
Administrator.

    For the reasons stated in the preamble, Title 40, Chapter I of the 
Code of Federal Regulations is proposed to be amended as follows:

PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF 
IMPLEMENTATION PLANS

0
1. The authority citation for part 51 continues to read as follows:

    Authority:  23 U.S.C. 101; 42 U.S.C. 7401-7671q.

0
2. Amend Sec.  51.308 by revising paragraph (f) introductory text, to 
read as follows:

Sec.  51.308  Regional haze program requirements.

* * * * *
    (f) Requirements for periodic comprehensive revisions of 
implementation plans for regional haze. Each State identified in Sec.  
51.300(b) must revise and submit its regional haze implementation plan 
revision to EPA by July 31, 2021, July 31, 2031, July 31, 2038, and 
every 10 years thereafter. The plan revision due on or before July 31, 
2021, must include a commitment by the State to meet the requirements 
of paragraph (g) of this section. In each plan revision, the State must 
address regional haze in each mandatory Class I Federal area located 
within the State and in each mandatory Class I Federal area located 
outside the State that may be affected by emissions from within the 
State. To meet the core requirements for regional haze for these areas, 
the State must submit an implementation plan containing the following 
plan elements and supporting documentation for all required analyses:
* * * * *
[FR Doc. 2024-30212 Filed 12-20-24; 8:45 am]
BILLING CODE 6560-50-P
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