Air Plan Approval; Arizona; Maricopa County Air Quality Department, 23521-23523 [2024-06879]
Download as PDF
Federal Register / Vol. 89, No. 66 / Thursday, April 4, 2024 / Rules and Regulations
To be eligible for fertility services,
including IVF, the Veteran must have a
service-connected condition that results in
the inability to procreate without the use of
fertility treatment, as defined above. NOTE:
For additional eligibility information, see
appendix A.
30. VHA Directive 1334, paragraph
7.c.(1), Practices and Procedures, is
revised to read:
VA will cover costs of cryopreservation
and storage at an independent community
laboratory indefinitely up through the end of
life of the eligible Veterans. Storage of
cryopreserved gametes and embryos will take
place at an independent facility in the
community, per guidelines outlined in
appendix A.
31. VHA Directive 1334, paragraph
7.c.(3), Practices and Procedures, is
revised to read:
VA will pay the costs of cryopreservation
and storage of cryopreserved oocytes, sperm
and embryos indefinitely until the end of the
life the eligible Veteran, or until the
cryopreserved oocytes, sperm, or embryos are
transferred to a third party (for any purpose
outside this treatment program.
32. VHA Directive 1334, paragraph
7.e.(1), Practices and Procedures, is
struck from the directive.
Gestational surrogacy, as defined in
VHA Directive 1334, will remain
outside the scope of VA IVF Services.
Although the amended DoD Policy
allows for a third-party gestational
carrier in limited instances, Congress’s
authorization for VA to provide fertility
counseling and treatment, including
ART, is limited to providing these
services to a covered veteran and the
spouse of a covered veteran. Therefore,
VA may not provide IVF services to a
person who is neither the covered
veteran nor the spouse of a covered
Veteran.
33. VHA Directive 1334, Appendix A,
Eligibility Criteria, is revised to read:
ddrumheller on DSK120RN23PROD with RULES1
1. To be eligible for In Vitro Fertilization
(IVF) under 38 Code of Federal Regulations
(CFR) 17.380, a Veteran must have a serviceconnected disability that results in the
Veteran’s inability to procreate without the
use of fertility treatment.
2. Lawful spouses of eligible Veterans are
eligible for fertility counseling and treatment
under the program pursuant to 38 CFR
17.412.
34. VHA Directive 1334, Appendix B,
In Vitro Fertilization Services,
comparison table c is revised to strike:
1. ‘‘+ lawful eligible spouses’’ from the
‘‘Eligibility’’ line;
2. ‘‘naturally’’ from the ‘‘Service
connection’’ line;
3. the entirety of the ‘‘Marital status’’ line;
VerDate Sep<11>2014
16:37 Apr 03, 2024
Jkt 262001
4. the entirety of the ‘‘Couples’’ line;
5. ‘‘with opposite-sex gametes’’ from the
‘‘IUI’’ line;
6. ‘‘or an eligible Veteran’s lawful divorce’’
from the ‘‘Time limits for cryopreservation of
gametes’’ line;
7. ‘‘or an eligible Veteran’s lawful divorce’’
from the ‘‘Cryopreservation for embryos’’
line: and
8. ‘‘or an eligible Veteran’s lawful divorce’’
from the ‘‘Embryo storage paid by VA’’ line.
Additionally, the ‘‘no’’ from the
‘‘Donate sperm’’ line is revised to
‘‘Allowable but not paid for by VA
(Veteran pays for non-Veteran sperm
preparation or procedure to nonVeteran).’’
35. In 38 CFR 17.380, the term ‘‘a
service-connected disability that results
in the inability of the veteran to
procreate without the use of fertility
treatment’’ is interpreted to include:
for a female veteran without ovarian function
and/or patent uterine cavity, a serviceconnected injury or illness that prevents the
successful fertilization of an egg by sperm, to
include the service-connected loss of ovarian
function and/or a patent uterine cavity.
Applicability
36. This Instruction applies to
decisions to authorize benefits on or
after the date of this Instruction, in
which a veteran seeks fertility
counseling or IVF services under 38
CFR 17.380 and 17.412.
Signing Authority
Denis McDonough, Secretary of
Veterans Affairs, approved and signed
this document on March 28, 2024, and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy
& Management, Office of General Counsel,
Department of Veterans Affairs.
[FR Doc. 2024–07040 Filed 4–3–24; 8:45 am]
ACTION:
23521
Final rule.
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the Maricopa
County Air Quality Department
(MCAQD) portion of the Arizona State
Implementation Plan (SIP). These
revisions concern a rule that includes
definitions for certain terms that are
necessary for the implementation of
local rules that regulate sources of air
pollution. We are approving a local rule
under the Clean Air Act (CAA or the
Act).
SUMMARY:
DATES:
This rule is effective May 6,
2024.
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2023–0599. 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. If
you need assistance in a language other
than English or if you are a person with
a disability who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
ADDRESSES:
Kira
Wiesinger, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105; phone: (415) 972–3827; email:
wiesinger.kira@epa.gov.
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 8320–01–P
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
ENVIRONMENTAL PROTECTION
AGENCY
Table of Contents
40 CFR Part 52
[EPA–R09–OAR–2023–0599; FRL–11591–
02–R9]
Air Plan Approval; Arizona; Maricopa
County Air Quality Department
Environmental Protection
Agency (EPA).
AGENCY:
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On December 27, 2023 (88 FR 89355),
the EPA proposed to approve the
following rule into the Arizona SIP.
E:\FR\FM\04APR1.SGM
04APR1
23522
Federal Register / Vol. 89, No. 66 / Thursday, April 4, 2024 / Rules and Regulations
Local agency
Rule #
Rule title
Revised
Submitted
MCAQD .....................................................
100
General Provisions and Definitions ..........
08/09/2023
08/23/2023
We proposed to approve this rule
because we determined that it complies
with the relevant CAA requirements.
Our proposed action contains more
information on the rule and our
evaluation.
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received no comments
on our proposal.
III. EPA Action
No comments were submitted on our
proposal. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is
approving this rule into the Arizona SIP.
The August 9, 2023 version of Rule 100
will replace the previously approved
version of this rule in the SIP.
ddrumheller on DSK120RN23PROD with RULES1
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
MCAQD’s Rule 100, ‘‘General
Provisions and Definitions,’’ revised on
August 9, 2023, which sets forth the
legal authority for the Maricopa County
Air Pollution Rules and provides
definitions of terms used throughout
these rules. Therefore, these materials
have been approved by the EPA for
inclusion in the SIP, have been
incorporated by reference by the EPA
into that plan, are fully federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of the EPA’s approval,
and will be incorporated by reference in
the next update to the SIP compilation.1
The EPA has made, and will continue
to make, these documents available
through www.regulations.gov and at the
EPA Region IX office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
1 62
FR 27968 (May 22, 1997).
VerDate Sep<11>2014
16:37 Apr 03, 2024
Jkt 262001
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves the state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by the state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
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); and
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act.
In addition, the SIP is not approved
to 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. 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,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
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.’’
The State did not evaluate
environmental justice considerations as
part of its SIP submittal as 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 action, and there is no
information in the record inconsistent
with the stated goal of Executive Order
12898 of achieving environmental
justice for people of color, low-income
populations, and Indigenous peoples.
This action is subject to the
Congressional Review Act, and the EPA
will submit a rule report to each House
of the Congress and to the Comptroller
General of the United States. 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 June 3, 2024.
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).)
E:\FR\FM\04APR1.SGM
04APR1
23523
Federal Register / Vol. 89, No. 66 / Thursday, April 4, 2024 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: March 27, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Authority: 42 U.S.C. 7401 et seq.
Subpart D—Arizona
2. In § 52.120, in paragraph (c), amend
table 4 by revising the entry for ‘‘Rule
100’’ under the Table headings, ‘‘PostJuly 1988 Rule Codification’’ and
‘‘Regulation I—General Provisions,’’ to
read as follows:
■
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.120
*
1. The authority citation for Part 52
continues to read as follows:
■
Identification of plan.
*
*
(c) * * *
*
*
TABLE 4 TO PARAGRAPH (c)—EPA-APPROVED MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS
County citation
State effective
date
Title/subject
*
*
*
EPA Approval Date
*
Post-July 1988 Rule Codification
*
Additional
explanation
*
*
Regulation I—General Provisions
Rule 100 .................
General Provisions and Definitions .....
*
*
*
*
*
*
*
*
[FR Doc. 2024–06879 Filed 4–3–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2023–0565; FRL–11415–
02–R3]
Air Plan Approval; Pennsylvania;
Allegheny County Open Burning
Revision and Addition of Mon Valley
Air Pollution Episode Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Pennsylvania
Department of Environmental Protection
(PADEP) on behalf of the Allegheny
County Health Department (ACHD). The
revision incorporates into the
Pennsylvania SIP, particulate matter
emission mitigation requirements for
industry operating in the portion of
Allegheny County known as the ‘‘Mon
Valley’’ during weather-related
pollution episodes. It also amends a
portion of Allegheny County’s open
burning regulation, which was
previously incorporated into
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:37 Apr 03, 2024
August 9, 2023 .....
Jkt 262001
*
[INSERT FIRST PAGE OF FEDERAL
REGISTER CITATION], April 4,
2024.
*
Pennsylvania’s SIP. EPA is approving
this revision to the Allegheny County
portion of the Pennsylvania SIP in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on
May 6, 2024.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2023–0565. All
documents in the docket are listed on
the 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 www.regulations.gov,
or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
availability information.
FOR FURTHER INFORMATION CONTACT:
Ellen Schmitt, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1600 John
F Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone
number is (215) 814–5787. Ms. Schmitt
can also be reached via electronic mail
at schmitt.ellen@epa.gov.
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
Submitted on August 23, 2023.
*
*
SUPPLEMENTARY INFORMATION:
I. Background
EPA received a SIP submission from
PADEP on August 23, 2023, which EPA
subsequently proposed approval of on
February 5, 2024 (89 FR 7655). In EPA’s
notice of proposed rulemaking (NPRM),
EPA proposed to approve changes to
ACHD Air Pollution Control Rules and
Regulations in Article XXI. This SIP
revision includes amendments to
section 2105.50 regarding open burning,
and adds new section 2106.06, which
focuses on mitigating particulate matter
air pollution episodes in the Mon
Valley.
II. Summary of SIP Revision and EPA
Analysis
PADEP’s August 2023 SIP submission
seeks to incorporate into Pennsylvania’s
SIP a new section (2106.06, Mon Valley
Air Pollution Episode) to Allegheny
County Article XXI, which focuses on
mitigating particulate matter air
pollution episodes in the Mon Valley.
The SIP submission also seeks to
incorporate into the Pennsylvania SIP
related changes to Article XXI, section
2105.50, Open Burning.
Article XXI, section 2106.06, Mon
Valley Air Episode, is aimed at emission
mitigation requirements for industry
operating in the portion of the county
known as the ‘‘Mon Valley’’ during
E:\FR\FM\04APR1.SGM
04APR1
Agencies
[Federal Register Volume 89, Number 66 (Thursday, April 4, 2024)]
[Rules and Regulations]
[Pages 23521-23523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06879]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2023-0599; FRL-11591-02-R9]
Air Plan Approval; Arizona; Maricopa County Air Quality
Department
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Maricopa County Air Quality
Department (MCAQD) portion of the Arizona State Implementation Plan
(SIP). These revisions concern a rule that includes definitions for
certain terms that are necessary for the implementation of local rules
that regulate sources of air pollution. We are approving a local rule
under the Clean Air Act (CAA or the Act).
DATES: This rule is effective May 6, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2023-0599. 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. If you need assistance
in a language other than English or if you are a person with a
disability who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Kira Wiesinger, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105; phone: (415) 972-3827; email:
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On December 27, 2023 (88 FR 89355), the EPA proposed to approve the
following rule into the Arizona SIP.
[[Page 23522]]
----------------------------------------------------------------------------------------------------------------
Local agency Rule # Rule title Revised Submitted
----------------------------------------------------------------------------------------------------------------
MCAQD............................ 100 General Provisions 08/09/2023 08/23/2023
and Definitions.
----------------------------------------------------------------------------------------------------------------
We proposed to approve this rule because we determined that it
complies with the relevant CAA requirements. Our proposed action
contains more information on the rule and our evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments on our proposal.
III. EPA Action
No comments were submitted on our proposal. Therefore, as
authorized in section 110(k)(3) of the Act, the EPA is approving this
rule into the Arizona SIP. The August 9, 2023 version of Rule 100 will
replace the previously approved version of this rule in the SIP.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
MCAQD's Rule 100, ``General Provisions and Definitions,'' revised on
August 9, 2023, which sets forth the legal authority for the Maricopa
County Air Pollution Rules and provides definitions of terms used
throughout these rules. Therefore, these materials have been approved
by the EPA for inclusion in the SIP, have been incorporated by
reference by the EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of the EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\1\ The EPA has
made, and will continue to make, these documents available through
www.regulations.gov and at the EPA Region IX office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves the state law as meeting
federal requirements and does not impose additional requirements beyond
those imposed by the state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described 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); and
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
In addition, the SIP is not approved to 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. 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,
February 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.''
The State did not evaluate environmental justice considerations as
part of its SIP submittal as 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
action, and there is no information in the record inconsistent with the
stated goal of Executive Order 12898 of achieving environmental justice
for people of color, low-income populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 June 3, 2024. 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).)
[[Page 23523]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: March 27, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart D--Arizona
0
2. In Sec. 52.120, in paragraph (c), amend table 4 by revising the
entry for ``Rule 100'' under the Table headings, ``Post-July 1988 Rule
Codification'' and ``Regulation I--General Provisions,'' to read as
follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
Table 4 to Paragraph (c)--EPA-Approved Maricopa County Air Pollution Control Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
County citation Title/subject date EPA Approval Date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Post-July 1988 Rule Codification
----------------------------------------------------------------------------------------------------------------
Regulation I--General Provisions
----------------------------------------------------------------------------------------------------------------
Rule 100...................... General Provisions August 9, 2023.. [INSERT FIRST PAGE OF Submitted on
and Definitions. FEDERAL REGISTER August 23,
CITATION], April 4, 2023.
2024.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2024-06879 Filed 4-3-24; 8:45 am]
BILLING CODE 6560-50-P