Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Proposed Rules 104471 

(j)(2), (k)(1), and (k)(2) may be 

necessary. 

(D) Subsection (e)(2). To collect 

information from the subject individual 

could serve notice that he or she is the 

subject of a criminal investigation and 

thereby present a serious impediment to 

such investigations. Collection of 

information only from the individual 

accused of criminal activity or 

misconduct could also subvert 

discovery of relevant evidence and 

subvert the course of justice. 

Accordingly, application of exemption 

(j)(2) may be necessary. 

(E) Subsection (e)(3). To inform 

individuals as required by subsection 

(e)(3) could reveal the existence of a 

criminal investigation and compromise 

investigative efforts. Accordingly, 

application of exemption (j)(2) may be 

necessary. 

(F) Subsections (e)(4)(G) and (H). 

These subsections are inapplicable to 

the extent an exemption is claimed from 

subsections (d)(1) and (2). 

(G) Subsection (e)(4)(I). To the extent 

that this provision is construed to 

require more detailed disclosure than 

the broad, generic information currently 

published in the system notice, an 

exemption from this provision is 

necessary to protect the confidentiality 

of sources of information and to protect 

privacy and physical safety of witnesses 

and informants. 

(H) Subsection (e)(5). It is often 

impossible to determine in advance if 

investigatory records contained in this 

system are accurate, relevant, timely 

and complete, but, in the interests of 

effective law enforcement, it is 

necessary to retain this information to 

aid in establishing patterns of activity 

and provide investigative leads. With 

the passage of time, seemingly irrelevant 

or untimely information may acquire 

new significance as further investigation 

brings new details to light and the 

accuracy of such information can only 

be determined through judicial 

processes. Accordingly, application of 

exemption (j)(2) may be necessary. 

(I) Subsection (e)(8). To serve notice 

could give persons sufficient warning to 

evade investigative efforts. Accordingly, 

application of exemption (j)(2) may be 

necessary. 

(J) Subsection (f). The agency’s rules 

are inapplicable to those portions of the 

system that are exempt. Accordingly, 

application of exemptions (j)(2), (k)(1), 

and (k)(2) may be necessary. 

(K) Subsection (g). This subsection is 

inapplicable to the extent that the 

system is exempt from other specific 

subsections of the Privacy Act. 

Accordingly, application of exemption 

(j)(2) may be necessary. 

(iv) Exempt records from other 

systems. In the course of carrying out 

the overall purpose for this system, 

exempt records from other systems of 

records may in turn become part of the 

records maintained in this system. To 

the extent that copies of exempt records 

from those other systems of records are 

maintained in this system, the DoD 

claims the same exemptions for the 

records from those other systems that 

are entered into this system, as claimed 

for the prior system(s) of which they are 

a part, provided the reason for the 

exemption remains valid and necessary. 

Dated: December 11, 2024. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2024–29639 Filed 12–20–24; 8:45 am] 

BILLING CODE 6001–FR–P 

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. 

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: 

Wantlin.Paige@epa.gov 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: 

Timin.Brian@epa.gov. 

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 


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1While 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. 

2SIP revisions for the second implementation 

period were due July 31, 2021. 

3SIPs for the first implementation period were 

due December 17, 2007. 

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. 

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 noticeand-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 


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4This 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. 

6 82 FR 3078 (January 10, 2017). 

7The 2017 RHR extended the deadline to submit 

second implementation period SIPs from July 31, 

2018, to July 31, 2021. Id. at 3116–3118. 

8CAA 169A(b)(2)(B). 

9The 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). 11See 82 FR 3078 (January 10, 2017, located at 

https://www.federalregister.gov/documents/2017/ 

01/10/2017-00268/protection-of-visibilityamendments-to-requirements-for-State-plans#h-16). 

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

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. 

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

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

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 


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12The 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). 

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)). 

15See 40 CFR 51.308(f): ‘‘Each State identified in 

§ 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 

. . .’’ 

16See comments submitted to our non-regulatory 

docket (EPA–HQ–OAR–2023–0262), available at 

https://www.regulations.gov/. 

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 longterm 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. 

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 longterm 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. 

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. 

Finally, extending the regional haze 

SIP due date will also allow States to 

coordinate regional haze planning with 

other CAA regulatory program planning, 


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17See 83 FR 10376. 

18See 89 FR 16202. 

19See 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). 

22See comments submitted to our non-regulatory 

docket (EPA–HQ–OAR–2023–0262), available at 

https://www.regulations.gov/. 

23EPA’s Regulatory Agenda may be accessed 

through the following website: https://

www.epa.gov/laws-regulations/regulatory-agendasand-regulatory-plans. 

24This 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. 

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 nonregulatory 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. 

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. 

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 nonregulatory 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. 

VII. 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 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. 


khammond on DSK9W7S144PROD with PROPOSALS
104476 Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Proposed Rules 

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 

■ 1. The authority citation for part 51 

continues to read as follows: 

Authority: 23 U.S.C. 101; 42 U.S.C. 7401– 

7671q. 

■ 2. Amend § 51.308 by revising 

paragraph (f) introductory text, to read 

as follows: 

§ 51.308 Regional haze program 

requirements. 

* * * * * 

(f) Requirements for periodic 

comprehensive revisions of 

implementation plans for regional haze. 

Each State identified in § 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2020–0162; FRL–12488– 

01–R6] 

Air Plan Disapproval; Texas; 

Attainment Demonstrations for the 

Dallas-Fort Worth and HoustonGalveston-Brazoria Nonattainment 

Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA), the Environmental 

Protection Agency (EPA) is proposing to 

disapprove revisions to the Texas State 

Implementation Plan (SIP). The 

revisions were submitted by the Texas 

Commission on Environmental Quality 


khammond on DSK9W7S144PROD with PROPOSALS