1378 Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Rules and Regulations 

TABLE 1 OF § 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS—Continued 

U.S. code citation Environmental statute 

Statutory civil monetary 

penalties for violations 

that occur or occurred 

after November 2, 2015, 

where penalties are 

assessed on or after 

January 8, 2025 

Statutory civil monetary 

penalties for violations 

that occurred after 

November 2, 2015, 

where penalties were 

assessed on or after 

December 27, 2023, 

but before 

January 8, 2025 

Statutory civil monetary 

penalties, as enacted 

42 U.S.C. 300h–3(c) ........................ SDWA ............................................................. 24,885/53,088 24,255/51,744 5,000/10,000 

42 U.S.C. 300i(b) ............................. SDWA ............................................................. 29,911 29,154 15,000 

42 U.S.C. 300i–1(c) ......................... SDWA ............................................................. 174,109/1,741,100 169,700/1,697,012 100,000/1,000,000 

42 U.S.C. 300j(e)(2) ......................... SDWA ............................................................. 12,442 12,127 2,500 

42 U.S.C. 300j–4(c) ......................... SDWA ............................................................. 71,545 69,733 25,000 

42 U.S.C. 300j–6(b)(2) ..................... SDWA ............................................................. 49,848 48,586 25,000 

42 U.S.C. 300j–23(d) ....................... SDWA ............................................................. 13,132/131,308 12,799/127,983 5,000/50,000 

42 U.S.C. 4852d(b)(5) ...................... RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT OF 1992.22,263 21,699 10,000 

42 U.S.C. 4910(a)(2) ........................ NOISE CONTROL ACT OF 1972 .................. 47,041 45,850 10,000 

42 U.S.C. 6928(a)(3) ........................ RESOURCE CONSERVATION AND RECOVERY ACT (RCRA).124,426 121,275 25,000 

42 U.S.C. 6928(c) ............................ RCRA ............................................................. 74,943 73,045 25,000 

42 U.S.C. 6928(g) ............................ RCRA ............................................................. 93,058 90,702 25,000 

42 U.S.C. 6928(h)(2) ........................ RCRA ............................................................. 74,943 73,045 25,000 

42 U.S.C. 6934(e) ............................ RCRA ............................................................. 18,610 18,139 5,000 

42 U.S.C. 6973(b) ............................ RCRA ............................................................. 18,610 18,139 5,000 

42 U.S.C. 6991e(a)(3) ...................... RCRA ............................................................. 74,943 73,045 25,000 

42 U.S.C. 6991e(d)(1) ...................... RCRA ............................................................. 29,980 29,221 10,000 

42 U.S.C. 6991e(d)(2) ...................... RCRA ............................................................. 29,980 29,221 10,000 

42 U.S.C. 7413(b) ............................ CLEAN AIR ACT (CAA) ................................. 124,426 121,275 25,000 

42 U.S.C. 7413(d)(1) ........................ CAA ................................................................ 59,114/472,901 57,617/460,926 25,000/200,000 

42 U.S.C. 7413(d)(3) ........................ CAA ................................................................ 11,823 11,524 5,000 

42 U.S.C. 7524(a) ............................ CAA ................................................................ 59,114/5,911 57,617/5,761 25,000/2,500 

42 U.S.C. 7524(c)(1) ........................ CAA ................................................................ 472,901 460,926 200,000 

42 U.S.C. 7545(d)(1) ........................ CAA ................................................................ 59,114 57,617 25,000 

42 U.S.C. 9604(e)(5)(B) ................... COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA).71,545 69,733 25,000 

42 U.S.C. 9606(b)(1) ........................ CERCLA ......................................................... 71,545 69,733 25,000

42 U.S.C. 9609(a)(1) ........................ CERCLA ......................................................... 71,545 69,733 25,000

42 U.S.C. 9609(b) ............................ CERCLA ......................................................... 71,545/214,637 69,733/209,202 25,000/75,000 

42 U.S.C. 9609(c) ............................ CERCLA ......................................................... 71,545/214,637 69,733/209,202 25,000/75,000 

42 U.S.C. 11045(a) .......................... EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA).71,545 69,733 25,000 

42 U.S.C. 11045(b)(1)(A) ................. EPCRA ........................................................... 71,545 69,733 25,000 

42 U.S.C. 11045(b)(2) ...................... EPCRA ........................................................... 71,545/214,637 69,733/209,202 25,000/75,000 

42 U.S.C. 11045(b)(3) ...................... EPCRA ........................................................... 71,545/214,637 69,733/209,202 25,000/75,000 

42 U.S.C. 11045(c)(1) ...................... EPCRA ........................................................... 71,545 69,733 25,000

42 U.S.C. 11045(c)(2) ...................... EPCRA ........................................................... 28,619 27,894 10,000

42 U.S.C. 11045(d)(1) ...................... EPCRA ........................................................... 71,545 69,733 25,000

42 U.S.C. 14304(a)(1) ...................... MERCURY-CONTAINING AND RECHARGEABLE BATTERY MANAGEMENT 

ACT (BATTERY ACT).

19,942 19,437 10,000 

42 U.S.C. 14304(g) .......................... BATTERY ACT ............................................... 19,942 19,437 10,000 

1 Note that 7 U.S.C. 136l(a)(2) contains three separate statutory maximum civil penalty provisions. The first mention of $1,000 and the $500 statutory maximum civil 

penalty amount were originally enacted in 1978 (Pub. L. 95–396), and the second mention of $1,000 was enacted in 1972 (Pub. L. 92–516). 

* * * * * 

[FR Doc. 2025–00206 Filed 1–7–25; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2024–0595; FRL–12391– 

03–R10] 

Interim Final Determination To Defer 

Sanctions; AK, Fairbanks North Star 

Borough 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Interim final determination. 

SUMMARY: The Environmental Protection 

Agency (EPA) is making an interim final 

determination that the State of Alaska 

has submitted state implementation 

plan (SIP) revisions that satisfy 

outstanding Clean Air Act requirements. 

This interim final determination defers 

the imposition of sanctions for the 2006 

24-hour fine particulate matter (PM2.5) 

Fairbanks North Star Borough PM2.5

nonattainment area. This determination 

is based on a proposed approval, 

published in the ‘‘Proposed Rules’’ 

section of this Federal Register, of the 

SIP revisions, submitted by the State of 

Alaska (Alaska or the State) on 

December 4, 2024, to address Clean Air 

Act requirements for the 2006 24-hour 

PM2.5 national ambient air quality 

standards (NAAQS). 

DATES: This interim final determination 

is effective January 8, 2025. However, 

comments will be accepted until 

February 7, 2025. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2024–0595, at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The 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 the disclosure of which is 


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Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Rules and Regulations 1379 

1 40 CFR 51.1003(c). 2 88 FR 84626, December 5, 2023. 

3 88 FR 84626, December 5, 2023. 

4See EPA–R10–OAR–2024–0595. 

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). 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: 

Matthew Jentgen, EPA Region 10, 1200 

Sixth Avenue—Suite 155, Seattle, WA 

98101, (206) 553–0340, 

jentgen.matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is 

intended to refer to the EPA. 

I. Background 

In 2009, the EPA designated a portion 

of the Fairbanks North Star Borough as 

‘‘nonattainment’’ for the 2006 24-hour 

PM2.5 NAAQS, which is set at the level 

of 35 micrograms per cubic meter (mg/ 

m3) (Fairbanks PM2.5 Nonattainment 

Area) (74 FR 58688, November 13, 

2009). Effective July 2, 2014, the EPA 

classified the area as ‘‘Moderate’’ (79 FR 

31566, June 2, 2014). Subsequently, 

Alaska submitted, and the EPA 

approved, a plan to meet the Moderate 

nonattainment area requirements (82 FR 

42457, September 8, 2017) (Fairbanks 

Moderate Plan). 

On May 10, 2017, the EPA determined 

that the Fairbanks PM2.5 Nonattainment 

Area failed to attain the 2006 24-hour 

PM2.5 NAAQS in the area by the 

outermost statutory Moderate area 

attainment date of December 31, 2015 

(82 FR 21711). As a result, the Fairbanks 

PM2.5 Nonattainment Area was 

reclassified as a ‘‘Serious’’ 

nonattainment area by operation of law. 

On September 2, 2020, the EPA 

determined that the area failed to attain 

by the Serious area attainment date and 

denied the State’s Serious area 

attainment date extension request (85 

FR 54509). As a result, Alaska was 

required to submit a revised SIP 

submission to meet both the Serious 

area attainment plan requirements and 

the additional requirements set forth in 

Clean Air Act (CAA or Act) section 

189(d) by December 31, 2020.1

On December 13, 2019, and December 

15, 2020, Alaska submitted two state 

implementation plan (SIP) revisions to 

meet the CAA planning requirements 

for the Serious Fairbanks PM2.5

Nonattainment Area. On December 5, 

2023, the EPA issued a final rule 

approving in part and disapproving in 

part these SIP submissions.2 Pursuant to 

section 179 of the CAA and the EPA’s 

regulations in the Code of Federal 

Regulations (CFR) at 40 CFR 52.31, our 

partial disapproval action started an 18- 

month clock for the application of the 

offset sanction and a 24-month clock for 

the application of the highway sanction, 

beginning on the effective date of our 

December 5, 2023, action (i.e., January 

4, 2024), unless the State submits, and 

the EPA approves, a SIP revision or 

revisions that address the deficiencies 

that formed the basis for the disapproval 

prior to the expiration of the sanctions 

clocks. 

On December 4, 2024, Alaska 

submitted SIP revisions to rectify the 

previously disapproved portions of its 

SIP submissions for the Fairbanks PM2.5

Nonattainment Area (Fairbanks Revised 

189(d) Plan). In the Proposed Rules 

section of this Federal Register, we are 

proposing to approve the Fairbanks 

Revised 189(d) Plan as meeting the CAA 

Serious area and CAA section 189(d) 

requirements for the Fairbanks PM2.5

Nonattainment Area. Pursuant to 40 

CFR 52.31(d)(2)(i), based on the 

proposed approval of previously 

deficient planning requirements, we are 

taking this interim final action to defer 

the imposition of the offset sanctions 

and the highway sanctions triggered by 

our December 5, 2023, disapproval. 

The EPA is providing the public with 

an opportunity to comment on this 

deferral of sanctions. If our assessment 

described in this interim final 

determination and the proposed 

approval of previously deficient 

planning requirements change on the 

basis of comments submitted, we will 

take subsequent final action to impose 

sanctions pursuant to 40 CFR 52.31(d). 

All sanctions and sanction clocks 

related to the December 5, 2023, 

disapproval will be permanently 

terminated on the effective date of a full 

final approval action. 

II. EPA Action 

We are making an interim final 

determination to defer the imposition of 

CAA section 179 sanctions associated 

with our December 5, 2023, final rule 

approving in part and disapproving in 

part the Fairbanks Serious Plan and 

Fairbanks 189(d) Plan.3 This action is 

based on our concurrent proposed 

approval, in the ‘‘Proposed Rules’’ 

section of this Federal Register, of the 

SIP revisions submitted by Alaska on 

December 4, 2024.4

Because the EPA has preliminarily 

determined that Alaska has addressed 

the SIP deficiencies, relief from 

sanctions designed to compel 

submission of revised SIP elements, 

should be provided as quickly as 

possible. Therefore, the EPA is invoking 

the good cause exception under the 

Administrative Procedure Act (APA) in 

not providing an opportunity for 

comment before this action takes effect 

(5 U.S.C. 553(b)(3)). However, by this 

action the EPA is providing the public 

with a chance to comment on the EPA’s 

determination after the effective date, 

and the EPA will consider any 

comments received in determining 

whether to reverse such action. 

The EPA believes that notice and 

comment rulemaking before the 

effective date of this action is 

impracticable and contrary to the public 

interest. As discussed in detail in the 

proposed approval of Alaska’s SIP 

revisions published in the ‘‘Proposed 

Rules’’ section of this Federal Register, 

the EPA has reviewed the State’s 

revisions and, through its proposed 

action, have proposed to find that the 

State has corrected the deficiencies that 

started the sanctions clocks. Therefore, 

it is not in the public interest to apply 

sanctions. The EPA believes that it is 

necessary to use the interim final 

process to defer sanctions while the 

EPA completes its rulemaking process 

on the approvability of the SIP 

revisions. Moreover, with respect to the 

effective date of this action, the EPA is 

invoking the good cause exception to 

the 30-day notice requirement of the 

APA because the purpose of this notice 

is to relieve a restriction (5 U.S.C. 

553(d)(1)). 

III. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review as Amended by 

Executive Order 14094: Modernizing 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 


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1380 Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Rules and Regulations 

B. Paperwork Reduction Act (PRA) (44 

U.S.C. 3401 et seq.) 

This action does not impose an 

information collection burden under the 

PRA. This action defers application of 

sanctions and imposes no new 

requirements. 

C. Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities. This action defers application 

of sanctions and imposes no new 

requirements. 

D. Unfunded Mandates Reform Act 

(UMRA) (Pub. L. 104–4) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

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: Coordination 

With Indian Tribal Governments 

This action does not have Tribal 

implications, as specified in Executive 

Order 13175. This action defers 

application of sanctions and imposes no 

new requirements. In addition, this 

action does not apply on any Indian 

reservation land or in any other area 

where the EPA or an Indian Tribe has 

demonstrated that a tribe has 

jurisdiction, and will not impose 

substantial direct costs on Tribal 

governments or preempt Tribal law. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and 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. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety. 

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 (NTTAA) 

Section 12(d) of the NTTAA directs 

the EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. This action does not 

involve technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

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 Executive 

Order 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.’’ 

The air agency did not evaluate EJ 

considerations as part of its SIP 

submission; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

The EPA did not perform an EJ analysis 

and did not consider EJ in this action. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of Executive Order 

12898/14096 of achieving EJ for 

communities with EJ concerns. 

K. Congressional Review Act (CRA) (5 

U.S.C. 801 et seq.) 

This action is subject to the 

Congressional Review Act (CRA), and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. The CRA allows the issuing 

agency to make a rule effective sooner 

than otherwise provided by the CRA if 

the agency makes a good cause finding 

that notice and comment rulemaking 

procedures are impracticable, 

unnecessary, or contrary to the public 

interest (5 U.S.C. 808(2)). The EPA has 

made a good cause finding for this 

action as discussed in section II of this 

preamble, including the basis for that 

finding. 

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 March 10, 2025. Filing a 

petition for reconsideration by the EPA 

Administrator of this action does not 

affect the finality of this action for the 

purpose of judicial review nor does it 

extend the time within which 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 CAA 

section 307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: December 17, 2024. 

Casey Sixkiller, 

Regional Administrator, Region 10. 

[FR Doc. 2024–30649 Filed 1–7–25; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 0, 1, 2, 87, 88 and 95 

[WT Docket No. 22–323; FCC 24–91; FR ID 

255475] 

Spectrum Rules and Policies for the 

Operation of Unmanned Aircraft 

Systems 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission (FCC or 

Commission) enables Uncrewed Aircraft 

System (UAS) operators to access 

dedicated spectrum for control-related 

communications. Specifically, this 


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