Air Plan Approval; Nevada; Washoe County Health District, 50543-50545 [2024-12815]
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Federal Register / Vol. 89, No. 116 / Friday, June 14, 2024 / Proposed Rules
Code of Federal Regulations (see 39 CFR
111.1):
PART 111—[AMENDED]
1. The authority citation for 39 CFR
part 111 continues to read as follows:
■
4.8 Preparing Bundles in Sacks and
Flat Trays
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301–
307; 18 U.S.C. 1692–1737; 39 U.S.C. 101,
401–404, 414, 416, 3001–3018, 3201–3220,
3401–3406, 3621, 3622, 3626, 3629, 3631–
3633, 3641, 3681–3685, and 5001.
2. Revise the Mailing Standards of the
United States Postal Service, Domestic
Mail Manual (DMM) as follows:
■
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM)
*
*
*
*
*
200 Commercial Letters, Cards, Flats,
and Parcels
*
*
*
*
*
*
4.0
Bundles
*
*
*
*
*
*
*
*
[Revise the title of 202.4.4 to read as
follows:]
ddrumheller on DSK120RN23PROD with PROPOSALS1
4.4 Exception to Bundle Preparation—
Full Letter and Flat Trays and Small
Flat Mailings
[Add a sentence at the end of 4.4 to
read as follows:]
* * * In mailings of 500 or fewer flatsized pieces, mailers are not required to
prepare bundles and may place said
pieces loose in flat trays.
4.5 Securing Bundles of Flats
Bundles must be able to withstand
normal transit and handling without
breakage or injury to USPS employees,
and are subject to the following
requirements:
[Revise the text of item (a) to read as
follows:]
a. Bundles must be secured with two
or more cross-strapped bands or shrinkwrapped with two or more crossstrapped bands. Banding includes
plastic bands, and similar material. Use
of wire or metal banding is not
permitted.
[Delete current item (b) in its’ entirety]
[Renumber item (c) as item (b); then
revise the text to read as follows:]
b. Bundles must be cross-strapped
(encircle the length and girth of the
bundle at least once). Additional bands
may be used if none lies within 1 inch
of any bundle edge.
[Add a new item (c) to read as
follows:]
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In addition to following the standards
in 4.5 through 4.7, mailers must prepare
bundles placed in flat trays and sacks as
follows: * * *
[Revise item (d) to read as follows:]
d. Bundles of pieces with covers of
‘‘coated stock’’ (glossy covers) that are
not individually enclosed in an
envelope or mailing wrapper must be
secured with at least two plastic straps
or with shrinkwrap plus two plastic
straps and must not exceed 6 inches in
height.
*
*
*
*
*
4.9
203 Basic Postage Statement,
Documentation, and Preparation
Standards
*
c. Rubber bands and twine/string are
not permitted to use as banding to
secure bundles.
*
*
*
*
*
Preparing Bundles on Pallets
In addition to general bundling
standards in 4.1, bundles on pallets
must meet the following standards:
[Revise item 4.9(a) to read as follows:]
a. Bundles must be secured with
appropriate banding or shrinkwrap
supplemented by two or more bands.
Banding includes plastic bands
(recommended) or similar material.
*
*
*
*
*
245
Mail Preparation
*
*
*
*
*
9.0 Preparing Enhanced Carrier Route
Flats
*
*
*
*
*
9.5
Multi Carrier Routes Bundle
A mailer may combine individual
eligible bundles of USPS Marketing
Mail Enhanced Carrier Route basic price
mail into a multi carrier routes bundle
of the same 5-digit ZIP Code under these
conditions: * * *
[Revise the text of item 9.5(d) to read
as follows:]
d. The multi carrier routes bundle
must be secured with at least two crossstrapped bands, one around the length
and one around the girth, or shrinkwrapped with two or more crossstrapped bands.
*
*
*
*
*
Christopher Doyle,
Attorney, Ethics and Legal Compliance.
[FR Doc. 2024–13152 Filed 6–13–24; 8:45 am]
BILLING CODE 7710–12–P
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50543
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2023–0405; FRL–11263–
01–R9]
Air Plan Approval; Nevada; Washoe
County Health District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the Washoe County portion
of the Nevada State Implementation
Plan (SIP). This revision concerns
emissions of particulate matter (PM)
from woodburning devices. We are
proposing to approve a revision to a
local rule that regulates these emission
sources under the Clean Air Act (CAA
or the Act). We are taking comments on
this proposal and plan to follow with a
final action.
DATES: Comments must be received on
or before July 15, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2023–0405 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information 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). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. 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.
SUMMARY:
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50544
Federal Register / Vol. 89, No. 116 / Friday, June 14, 2024 / Proposed Rules
FOR FURTHER INFORMATION CONTACT:
Christine Vineyard, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 947–4125 or by
email at vineyard.christine@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. The State’s Submittal
A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted
rule revisions?
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rule?
B. Does the rule meet the evaluation
criteria?
C. Public comment and proposed action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What rule did the State submit?
Table 1 lists the rule addressed by this
proposal with the date that it was
adopted by the Washoe County District
Board of Health (DBOH),1 and
submitted by the Nevada Division of
Environmental Protection (NDEP).
TABLE 1—SUBMITTED RULE
Local agency
Rule No.
Rule title
Revised
Submitted
DBOH ..............................................................
040.051
Wood-Burning Devices ..................................
02/24/22
10/04/22
On April 4, 2023, the submittal for
DBOH Rule 040.051 was deemed by
operation of law to meet the
completeness criteria in 40 CFR part 51,
appendix V, which must be met before
formal EPA review.
B. Are there other versions of this rule?
We approved an earlier version of
Rule 040.051 into the SIP on June 16,
2017 (82 FR 27622). The DBOH adopted
revisions to the SIP-approved version on
February 24, 2022, and NDEP submitted
them to us on October 4, 2022. If we
approve the October 4, 2022 version of
Rule 040.051, it will replace the
previously approved version of this rule
in the Washoe County portion of the
Nevada SIP.
ddrumheller on DSK120RN23PROD with PROPOSALS1
C. What is the purpose of the submitted
rule revisions?
Emissions of PM, including PM equal
to or less than 2.5 microns in diameter
(PM2.5) and PM equal to or less than 10
microns in diameter (PM10), contribute
to effects that are harmful to human
health and the environment, including
premature mortality, aggravation of
respiratory and cardiovascular disease,
decreased lung function, visibility
impairment, and damage to vegetation
and ecosystems. Section 110(a) of the
CAA requires States to submit
regulations that control PM emissions.
Rule 040.051 limits PM emissions from
wood-burning devices. DBOH revised
Rule 040.051 and submitted the updated
version to replace the now outdated
version in the SIP. The revisions add
clarity and transparency to the
implementation of the program. For
example, the exemption section is now
included at the beginning of the rule to
provide greater clarity as to which
actions are exempted from specific
sections of the rule. In addition, an
1 The DBOH changed its name to Northern
Nevada Public Health (NNPH) on August 31, 2023.
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exemption was added that allows EPAcertified wood-burning devices installed
between 1990 and May 15, 2020, to
remain in place following a real estate
transaction. Finally, requirements
regarding the limitation on the number
of wood-burning devices allowed per
parcel has been reformatted to ensure
the limitation is accurately determined
based on the acreage of the parcel. The
EPA’s technical support document
(TSD) has more information about this
rule.
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rule?
Rules in the SIP must be enforceable
(see CAA section 110(a)(2)), must not
interfere with applicable CAA
requirements (see CAA section 110(l)),
and must not modify certain SIP control
requirements in nonattainment areas
without ensuring equivalent or greater
emissions reductions (see CAA section
193).
DBOH does not currently regulate any
PM nonattainment areas. Therefore,
DBOH is not required to implement
reasonably available control measures or
best available control measures for PM.
Guidance and policy documents that we
used to evaluate enforceability,
revision/relaxation and rule stringency
requirements for the applicable criteria
pollutants include the following:
1. ‘‘State Implementation Plans;
General Preamble for the
Implementation of Title I of the Clean
Air Act Amendments of 1990,’’ 57 FR
13498 (April 16, 1992); 57 FR 18070
(April 28, 1992).
2. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and
Deviations,’’ EPA, May 25, 1988 (the
Bluebook, revised January 11, 1990).
3. ‘‘Guidance Document for Correcting
Common VOC & Other Rule
We still refer to the agency as the DBOH because
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Deficiencies,’’ EPA Region 9, August 21,
2001 (the Little Bluebook).
B. Does the rule meet the evaluation
criteria?
This rule meets CAA requirements
and is consistent with relevant guidance
regarding enforceability and SIP
revisions. In particular, the new
exemption that allows EPA-certified
wood-burning devices installed between
1990 and May 15, 2020, to remain in
place following a real estate transaction
will not interfere with maintenance of
the NAAQS in Washoe County. On May
15, 2020, more stringent Federal
standards for new wood-burning
devices became effective. WBOH
revised its rule to include the new
standards for new devices but is
allowing existing EPA-certified devices
to remain in place during real estate
transactions. This exemption does not
allow any emissions increases. The TSD
has more information on our evaluation.
C. Public Comment and Proposed
Action
As authorized in section 110(k)(3) of
the Act, the EPA proposes to fully
approve the submitted rule because it
fulfills all relevant requirements. We
will accept comments from the public
on this proposal until July 15, 2024. If
we approve the submitted rule, our final
action will incorporate this rule into the
federally enforceable SIP.
III. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
DBOH, Rule 040.051, Wood-Burning
Devices (revised on February 24, 2022),
this name change has not yet been reflected in the
agency’s regulations.
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Federal Register / Vol. 89, No. 116 / Friday, June 14, 2024 / Proposed Rules
which regulates particular matter
emissions from wood-burning devices.
The EPA has made, and will continue
to make, these materials available
through https://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).
ddrumheller on DSK120RN23PROD with PROPOSALS1
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 Act. Accordingly, this proposed
action merely proposes to approve State
law as meeting Federal requirements
and does not impose additional
requirements beyond those imposed by
State law. For that reason, this proposed
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
VerDate Sep<11>2014
16:23 Jun 13, 2024
Jkt 262001
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 proposes to approve 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 proposed 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
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50545
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 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.
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 E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: June 2, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024–12815 Filed 6–13–24; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 89, Number 116 (Friday, June 14, 2024)]
[Proposed Rules]
[Pages 50543-50545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12815]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2023-0405; FRL-11263-01-R9]
Air Plan Approval; Nevada; Washoe County Health District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Washoe County portion of the Nevada State
Implementation Plan (SIP). This revision concerns emissions of
particulate matter (PM) from woodburning devices. We are proposing to
approve a revision to a local rule that regulates these emission
sources under the Clean Air Act (CAA or the Act). We are taking
comments on this proposal and plan to follow with a final action.
DATES: Comments must be received on or before July 15, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2023-0405 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information 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). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. 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.
[[Page 50544]]
FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4125 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. The State's Submittal
A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted rule revisions?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule?
B. Does the rule meet the evaluation criteria?
C. Public comment and proposed action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rule did the State submit?
Table 1 lists the rule addressed by this proposal with the date
that it was adopted by the Washoe County District Board of Health
(DBOH),\1\ and submitted by the Nevada Division of Environmental
Protection (NDEP).
---------------------------------------------------------------------------
\1\ The DBOH changed its name to Northern Nevada Public Health
(NNPH) on August 31, 2023. We still refer to the agency as the DBOH
because this name change has not yet been reflected in the agency's
regulations.
Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Revised Submitted
----------------------------------------------------------------------------------------------------------------
DBOH................................ 040.051 Wood-Burning Devices... 02/24/22 10/04/22
----------------------------------------------------------------------------------------------------------------
On April 4, 2023, the submittal for DBOH Rule 040.051 was deemed by
operation of law to meet the completeness criteria in 40 CFR part 51,
appendix V, which must be met before formal EPA review.
B. Are there other versions of this rule?
We approved an earlier version of Rule 040.051 into the SIP on June
16, 2017 (82 FR 27622). The DBOH adopted revisions to the SIP-approved
version on February 24, 2022, and NDEP submitted them to us on October
4, 2022. If we approve the October 4, 2022 version of Rule 040.051, it
will replace the previously approved version of this rule in the Washoe
County portion of the Nevada SIP.
C. What is the purpose of the submitted rule revisions?
Emissions of PM, including PM equal to or less than 2.5 microns in
diameter (PM2.5) and PM equal to or less than 10 microns in
diameter (PM10), contribute to effects that are harmful to
human health and the environment, including premature mortality,
aggravation of respiratory and cardiovascular disease, decreased lung
function, visibility impairment, and damage to vegetation and
ecosystems. Section 110(a) of the CAA requires States to submit
regulations that control PM emissions. Rule 040.051 limits PM emissions
from wood-burning devices. DBOH revised Rule 040.051 and submitted the
updated version to replace the now outdated version in the SIP. The
revisions add clarity and transparency to the implementation of the
program. For example, the exemption section is now included at the
beginning of the rule to provide greater clarity as to which actions
are exempted from specific sections of the rule. In addition, an
exemption was added that allows EPA-certified wood-burning devices
installed between 1990 and May 15, 2020, to remain in place following a
real estate transaction. Finally, requirements regarding the limitation
on the number of wood-burning devices allowed per parcel has been
reformatted to ensure the limitation is accurately determined based on
the acreage of the parcel. The EPA's technical support document (TSD)
has more information about this rule.
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule?
Rules in the SIP must be enforceable (see CAA section 110(a)(2)),
must not interfere with applicable CAA requirements (see CAA section
110(l)), and must not modify certain SIP control requirements in
nonattainment areas without ensuring equivalent or greater emissions
reductions (see CAA section 193).
DBOH does not currently regulate any PM nonattainment areas.
Therefore, DBOH is not required to implement reasonably available
control measures or best available control measures for PM. Guidance
and policy documents that we used to evaluate enforceability, revision/
relaxation and rule stringency requirements for the applicable criteria
pollutants include the following:
1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11,
1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
B. Does the rule meet the evaluation criteria?
This rule meets CAA requirements and is consistent with relevant
guidance regarding enforceability and SIP revisions. In particular, the
new exemption that allows EPA-certified wood-burning devices installed
between 1990 and May 15, 2020, to remain in place following a real
estate transaction will not interfere with maintenance of the NAAQS in
Washoe County. On May 15, 2020, more stringent Federal standards for
new wood-burning devices became effective. WBOH revised its rule to
include the new standards for new devices but is allowing existing EPA-
certified devices to remain in place during real estate transactions.
This exemption does not allow any emissions increases. The TSD has more
information on our evaluation.
C. Public Comment and Proposed Action
As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rule because it fulfills all relevant
requirements. We will accept comments from the public on this proposal
until July 15, 2024. If we approve the submitted rule, our final action
will incorporate this rule into the federally enforceable SIP.
III. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference DBOH, Rule 040.051, Wood-Burning Devices (revised on February
24, 2022),
[[Page 50545]]
which regulates particular matter emissions from wood-burning devices.
The EPA has made, and will continue to make, these materials available
through https://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).
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 Act. Accordingly, this
proposed action merely proposes to approve State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this proposed 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 proposes to approve 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 proposed 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.''
The State 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. 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 E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: June 2, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-12815 Filed 6-13-24; 8:45 am]
BILLING CODE 6560-50-P
