Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Rules and Regulations 105461 

1 ‘‘State Implementation Plans: Response to 

Petition for Rulemaking; Restatement and Update of 

EPA’s SSM Policy Applicable to SIPs; Findings of 

Substantial Inadequacy; and SIP Calls to Amend 

Provisions Applying to Excess Emissions During 

Periods of Startup, Shutdown and Malfunction,’’ 

(80 FR 33839, June 12, 2015). 

■ 2. In § 52.770, the table in paragraph 

(c) is amended by revising the entry for 

‘‘1–1–3’’ to read as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED INDIANA REGULATIONS

Indiana 

citation Subject Indiana effective date EPA approval date Notes 

* * * * * * * 

1–1–3 ............ References to the Code of Federal Regulations.10/20/2023 [INSERT DATE OF PUBLICATION IN 

THE FEDERAL REGISTER], 

[INSERT FIRST PAGE OF FEDERAL 

REGISTER CITATION].

* * * * * * * 

* * * * * 

[FR Doc. 2024–30729 Filed 12–26–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2024–0207; FRL–12341– 

02–R8] 

Air Plan Approval; Revisions to 

Colorado Common Provisions 

Regulation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Common Provisions Regulation of 

the Colorado State Implementation Plan 

(SIP). These revisions were submitted 

by the State of Colorado in response to 

the EPA’s June 12, 2015, Findings of 

Substantial Inadequacy and ‘‘SIP calls’’ 

for certain provisions in the SIP related 

to affirmative defenses applicable to 

excess emissions during startup, 

shutdown, and malfunction (SSM) 

events. The EPA is approving these SIP 

revisions because the Agency has 

determined that they are in accordance 

with the requirements for SIP provisions 

under the Clean Air Act (CAA or the 

Act). 

DATES: This rule is effective on January 

27, 2025. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2024–0207. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Adam Clark, Air and Radiation 

Division, EPA, Region 8, Mailcode 

8ARD–AQ, 1595 Wynkoop Street, 

Denver, Colorado, 80202–1129, 

telephone number: (303) 312–7104, 

email address: clark.adam@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

the EPA. 

I. Background 

The background for this action is 

discussed in detail in our October 30, 

2024 proposal (89 FR 86305). In that 

document we proposed to approve 

revisions to the Common Provisions 

Regulation portion of Colorado’s SIP. 

We did not receive comments on this 

proposal. 

II. Final Action 

The EPA is approving the portion of 

Colorado’s June 26, 2023, SIP 

submission revising the Colorado SIP by 

removing Common Provisions 

Regulation sections II.E. and II.J. from 

the SIP by making them State-only. We 

are approving the SIP revisions because 

we have determined that they are 

consistent with the requirements for SIP 

provisions under the CAA. The EPA is 

further determining that finalizing such 

SIP revisions would correct the 

deficiencies identified in the EPA’s June 

12, 2015 Findings of Substantial 

Inadequacy and SIP Calls.1

III. Incorporation by Reference 

In this action, we are including in a 

final rule regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5 the EPA is incorporating by 

reference the revisions that would 

designate them as State-only, and thus 

remove from ‘‘5 CCR 1001–02, Common 

Provisions Regulation’’ of the Colorado 

SIP, sections II.E., ‘‘Affirmative Defense 

Provision for Excess Emissions During 

Malfunctions,’’ and II.J., ‘‘Affirmative 

Defense Provision for Excess Emissions 

During Startup and Shutdown.’’ The 

EPA has made, and will continue to 

make, these documents generally 

available electronically through https:// 

www.regulations.gov and in hard copy 

at the EPA Region 8 office. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve State choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves State law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by State law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 


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105462 Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Rules and Regulations 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a State program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian Tribe has demonstrated that a 

Tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

Tribal implications and will not impose 

substantial direct costs on Tribal 

governments or preempt Tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. The EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ The EPA 

further defines the term fair treatment to 

mean that ‘‘no group of people should 

bear a disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

Colorado did not evaluate EJ 

considerations as part of its SIP 

submittal; 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. 

Due to the nature of the action being 

taken here, this action is expected to 

have a neutral to positive impact on the 

air quality of the affected area. 

Consideration of EJ is not required as 

part of this final action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving EJ for people of color, lowincome populations, and Indigenous 

peoples. 

The Congressional Review Act (CRA), 

5 U.S.C. 801 et seq., as added by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by February 25, 

2025. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Greenhouse gases, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: December 17, 2024. 

KC Becker, 

Regional Administrator, Region 8. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency is amending 40 CFR part 52 as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart G–Colorado 

■ 2. In § 52.320, the table in paragraph 

(c) is amended by revising the entry ‘‘II. 

General’’ to read as follows: 

§ 52.320 Identification of plan. 

* * * * * 

(c) * * * 

Title 

State 

effective 

date 

EPA effective 

date 

Final rule 

citation/date Comments 

* * * * * * * 

5 CCR 1001–02, Common Provisions Regulation 


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Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Rules and Regulations 105463 

1EPA received the May 30, 2023, submittal on 

May 31, 2023. For clarity, throughout this 

document EPA will refer to the May 31, 2023, 

submission by its cover letter date of May 30, 2023. 

2The May 30, 2023, submittal also contains 

changes to Jefferson County Regulation 1.02, 

Definitions, in the Jefferson County portion of the 

Kentucky SIP. EPA addressed those changes in a 

separate rulemaking. See 89 FR 41319 (May 13, 

2024). 

3 In 2003, the City of Louisville and Jefferson 

County governments merged, and the ‘‘Jefferson 

County Air Pollution Control District’’ was renamed 

the ‘‘Louisville Metro Air Pollution Control 

District.’’ However, to be consistent with the 

terminology used in the subheading in Table 2 of 

40 CFR 52.920(c), throughout this document we 

refer to the District regulations contained in the 

Jefferson County portion of the Kentucky SIP as the 

‘‘Jefferson County’’ regulations. 

Title 

State 

effective 

date 

EPA effective 

date 

Final rule 

citation/date Comments 

* * * * * * * 

II. General .................................................................................... 2/14/2023 1/27/2025 [insert Federal 

Register 

citation], 12/ 

27/2025 

Previous SIP approval 1/ 

25/2016 except for II.I. 

and II.J.5. Substantive 

changes removing II.E. 

and II.J. approved 12/27/ 

2025. 

* * * * * * * 

* * * * * 

[FR Doc. 2024–30695 Filed 12–26–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2023–0339; FRL–12355– 

02–R4] 

Air Plan Approval; KY; Revisions to 

Jefferson County Control of Open 

Burning 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving changes to 

the Jefferson County portion of the 

Kentucky State Implementation Plan 

(SIP) submitted by the Commonwealth 

of Kentucky through the Kentucky 

Division for Air Quality (KDAQ) on May 

30, 2023. The changes were submitted 

by KDAQ on behalf of the Louisville 

Metro Air Pollution Control District 

(District, also referred to herein as 

Jefferson County). EPA is approving 

changes to the District’s rules which 

clarify that a fire for general agricultural 

production must be a controlled burn; to 

allow the use of District-approved 

accelerants to start certain fires; and to 

adjust paragraph numbering. EPA is 

approving the changes pursuant to the 

Clean Air Act (CAA or Act) and its 

implementing regulations. 

DATES: This rule is effective January 27, 

2025. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2023–0339. All documents in the docket 

are listed on the regulations.gov 

website. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air and Radiation Division, 

U.S. Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that, 

if at all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday 8:30 a.m. to 4:30 p.m., 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Simone Jarvis, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, Region 4, U.S. 

Environmental Protection Agency, 61 

Forsyth Street SW, Atlanta, Georgia 

30303–8960. The telephone number is 

(404) 562–8393. Ms. Jarvis can also be 

reached via electronic mail at 

Jarvis.Simone@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 31, 2023,1 KDAQ, on behalf 

of the District, submitted changes to the 

Jefferson County portion of the 

Kentucky SIP for EPA approval.2 3 In 

this rulemaking, EPA is approving 

changes to Regulation 1.11, Control of 

Open Burning. 

Through a notice of proposed 

rulemaking (NPRM) published on 

October 31, 2024 (89 FR 86771), EPA 

proposed to approve changes to the 

District’s Regulation 1.11, Control of 

Open Burning, which included three 

changes. The first change was the 

addition of the phrase ‘‘i.e., a controlled 

burn’’ to Section 2.1.4 to clarify that ‘‘a 

fire for general agricultural production’’ 

must be a controlled burn. The second 

change was the addition of an exception 

to Section 2.4 allowing the use of 

District-approved liquid accelerants to 

start fires for general agricultural 

production for weed abatement, disease 

control, or pest prevention or for 

recognized silvicultural, range, native 

grassland, or wildlife management 

practices that have been approved by 

the District pursuant to Section 2.1.4. 

The third and final change renumbers 

the paragraph breaks for subsections 

2.1.8 and 2.1.9 and removes subsection 

2.1.10. These numbering changes do not 

affect the language of the rule or 

otherwise have any substantive impact. 

In this rulemaking, EPA is finalizing 

its approval of the District’s May 31, 

2023, request to incorporate Version 11 

of Regulation 1.11 into the SIP, 

replacing Version 10, the version of the 

rule currently in the SIP. EPA’s 

rationale for approving the changes is 

described in the October 31, 2024, 

NPRM. Comments on the October 31, 

2024, NPRM were due on or before 

December 2, 2024. No comments were 

received on the October 31, 2024, 

NPRM, adverse or otherwise. 

II. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, and as discussed in Section I of 

this preamble, EPA is finalizing the 

incorporation by reference of Jefferson 

County Regulation 1.11, Version 11, 

Control of Open Burning, Districteffective on March 15, 2023, which 

clarifies that a fire for general 


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