Air Plan Approval; New Mexico; Periodic Emission Inventory SIP for the Sunland Park Nonattainment Area for the 2015 Ozone NAAQS, 55136-55140 [2024-14434]
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55136
Federal Register / Vol. 89, No. 128 / Wednesday, July 3, 2024 / Proposed Rules
TABLE 1 TO § 100.703—SPECIAL LOCAL REGULATIONS; RECURRING MARINE EVENTS, SECTOR ST. PETERSBURG—
Continued
Date/time
Event/sponsor
Regulated area
Location: All waters of the Tampa Bay encompassed within the following points: 27°46′56.22″ N, 082°36′55.50‘‘W, thence to position
27°47′08.82″ N, 082°34′33.24″ W, thence to position 27°46′06.96″
N, 082°34′29.04″ W, thence to position 27°45′59.22″ N,
082°37′02.88‘‘W, thence back to the original position 27°46′24.24″
N, 082°37′30.24″ W.
Locations: (1) Race Area. All waters of the Gulf of Mexico contained
within the following points: 27°58′34″ N, 82°50′09″ W, thence to
position 27°58′32″ N, 82°50′02″ W, thence to position 28°00′12″
N, 82°50′10″ W, thence to position 28°00′13″ N, 82°50′10″ W,
thence back to the original position, 27°58′34″ N, 82°50′09″ W.
(2) Spectator Area. All waters of Gulf of Mexico seaward no less
than 150 yards from the race area and as agreed upon by the
Coast Guard and race officials.
(3) Enforcement Area. All waters of the Gulf of Mexico encompassed within the following points: 28°58′40″ N, 82°50′37″ W,
thence to position 28°00′57″ N, 82°49′45″ W, thence to position
27°58′32″ N, 82°50′32″ W, thence to position 27°58′23″ N,
82°49′53″ W, thence back to position 28°58′40″ N, 82°50′37″ W.
Locations: All waters of the Gulf of Mexico west of Fort Myers Beach
contained within the following points: 26°26′27″ N, 081°55′55″ W,
thence to position 26°25′33″ N, longitude 081°56′34″ W, thence to
position 26°26′38″ N, 081°58′40″W, thence to position 26°27′25″
N, 081°58′8″ W, thence back to the original position 26°26′27″N,
081°55′55″W.
Locations: (1) Race Area. All waters of the Gulf of Mexico contained
within the following points: 26°56′00″ N, 082°22′11″ W, thence to
position 26°55′59″ N, 082°22′16″ W, thence to position 26°54′22″
N, 082°21′20″ W, thence to position 26°54′24″ N, 082°21′16″ W,
thence to position 26°54′25″ N, 082°21′17″ W, thence back to the
original position, 26°56′00″ N, 082°21′11″ W.
(2) Spectator Area. All waters of the Gulf of Mexico contained with
the following points: 26°55′33″ N, 082°22′21″ W, thence to position 26°54′14″ N, 082°21′35″ W, thence to position 26°54′11″ N,
082°21′40″ W, thence to position 26°55′31″ N, 082°22′26″ W ,
thence back to position 26°55′33″ N, 082°22′21″ W.
(3) Enforcement Area. All waters of the Gulf of Mexico encompassed within the following points: 26°56′09″ N, 082°22′12″ W,
thence to position 26°54′13″ N, 082°21′03″ W, thence to position
26°53′58″ N, 082°21′43″ W, thence to position 26°55′56″ N,
082°22′48″ W, thence back to position 26°56′09″ N, 082°22′12″
W.
5. One weekend (Friday, Saturday
and Sunday) in October; Time
(Approximate): 8:00 a.m. to 6:00
p.m.
St.Petersburg Powerboat Grand
Prix.
St. Petersburg, FL ..
6. One weekend (Saturday and
Sunday) in September; Time
(Approximate): 8:00 a.m. to 4:00
p.m.
Clearwater Offshore Nationals/
Race World Offshore.
Clearwater, FL ........
7. One Thursday, Friday, and Saturday in October; Time (Approximate): 10:00 a.m. to 5:00 p.m.
Roar Offshore/OPA Racing LLC ..
Fort Myers Beach,
FL.
8. One weekend (Friday, Saturday,
and Sunday) in November; Time
(Approximate): 8:00 a.m. to 6:00
p.m.
OPA World Championships/Englewood Beach Waterfest.
Englewood Beach,
FL.
*
*
*
Dated: June 11, 2024.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the
Port Sector St. Petersburg.
[FR Doc. 2024–14245 Filed 7–2–24; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2023–0648; FRL–11992–
01–R6]
khammond on DSKJM1Z7X2PROD with PROPOSALS
Location
Air Plan Approval; New Mexico;
Periodic Emission Inventory SIP for
the Sunland Park Nonattainment Area
for the 2015 Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
SUMMARY:
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*
*
Environmental Protection Agency (EPA)
is proposing to approve State
Implementation Plan (SIP) revisions
related to the 2015 8-hour ozone
National Ambient Air Quality Standards
(NAAQS) for the Sunland Park New
Mexico marginal nonattainment area.
DATES: Written comments must be
received on or before August 2, 2024.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2023–0648, at https://
www.regulations.gov or via email to
salem.nevine@epa.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.
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*
*
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 Ms. Nevine Salem, 214–665–
7222, salem.nevine@epa.gov. 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.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov. While all
documents in the docket are listed in
the index, some information may not be
publicly available due to docket file size
restrictions or content (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Ms.
Nevine Salem, EPA Region 6 Office,
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Federal Register / Vol. 89, No. 128 / Wednesday, July 3, 2024 / Proposed Rules
Infrastructure and Ozone Section, 214–
665–7222, salem.nevine@epa.gov. We
encourage the public to submit
comments via https://
www.regulations.gov. Please call or
email the contact listed above if you
need alternative access to material
indexed but not provided in the docket.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
I. Background
Ozone is a gas that is formed by the
reaction of Volatile Organic Compounds
(VOC) and Oxides of Nitrogen (NOX) in
the atmosphere in the presence of
sunlight. Therefore, an emission
inventory for ozone focuses on the
emissions of VOC and NOX referred to
as ozone precursors. These precursors
(VOC and NOX) are emitted by many
types of pollution sources, including
point sources such as power plants and
industrial emissions sources; on-road
and off-road mobile sources (motor
vehicles and engines); and smaller
residential and commercial sources,
such as dry cleaners, auto body shops,
and household paints, collectively
referred to as nonpoint sources (also
called area sources).
2. Statutory and Regulatory Emission
Inventory Requirements
On October 1, 2015, the EPA revised
both the primary and secondary
NAAQS 1 for ozone from concentration
level of 0.075 part per million (ppm) to
0.070 ppm to provide increased
protection of public health and the
environment (80 FR 65296, October 26,
2015). The 2015 8-hour ozone NAAQS
retains the same general form and
averaging time as the 0.075 ppm
NAAQS set in 2008 NAAQS but is set
at a more protective level. Specifically,
the 2015 8-hour ozone NAAQS is
attained when the 3-year average of the
An emission inventory of ozone is an
estimation of actual emissions of air
pollutants that contribute to the
formation of ozone in an area. The
emissions inventory provides emissions
data for a variety of air quality planning
tasks, including establishing baseline
emission levels for calculating emission
reduction targets needed to attain the
NAAQS, determining emission inputs
for ozone air quality modeling analyses,
and tracking emissions over time to
determine progress toward meeting
Reasonable Further Progress (RFP)
requirements.
CAA sections 182(a)(1) and
182(a)(3)(A) require submission of base
year and periodic emissions inventories
respectively for each ozone
nonattainment area.3 States are required
to submit a periodic inventory of
emissions sources in the nonattainment
areas to meet the requirements of CAA
1 The primary ozone standards provide protection
for children, older adults, and people with asthma
or other lung diseases, and other at-risk populations
against an array of adverse health effects that
include reduced lung function, increased
respiratory symptoms and pulmonary
inflammation; effects that contribute to emergency
department visits or hospital admissions; and
mortality. The secondary ozone standards protect
against adverse effects to the public welfare,
including those related to impacts on sensitive
vegetation and forested ecosystems.
2 For a detailed explanation of the calculation of
the 3-year 8-hour average, see 80 FR 65292 and 40
CFR part 50, Appendix U.
3 For each nonattainment area, the state shall
submit a base year inventory as defined by
§ 51.1300(p) to meet the emissions inventory
requirement of CAA section 182(a)(1). This
inventory shall be submitted no later than 24
months after the effective date of designation. The
inventory year shall be selected consistent with the
baseline year for the RFP plan as required by
§ 51.1310(b).
1. The 2015 Ozone NAAQS
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annual fourth-highest daily maximum 8hour average ambient air quality ozone
concentrations is less than or equal to
0.07 ppm.2
On March 9, 2018 (83 FR 10376), the
EPA published the Classifications Rule
that establishes how the statutory
classifications will apply for the 2015 8hr ozone NAAQS, including the air
quality thresholds for each classification
category and attainment deadline
associated with each classification.
On June 4, 2018, the EPA classified
the Sunland Park area in southern Doña
Ana County, New Mexico as a marginal
nonattainment area for 2015 ozone
NAAQS with an attainment deadline of
August 3, 2021. (See 83 FR 25776). Any
state in which a marginal nonattainment
area is located is required to submit
certain SIP elements to the EPA in
accordance with section 182(a) of the
CAA.
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182 (a)(3)(A), as specified in the Air
Emissions Reporting Requirement
(AERR) at 40 CFR part 51, subpart A.
Each periodic inventory shall be
submitted no later than the end of each
3-year period after the required
submission of the base year inventory
for the nonattainment area and this
requirement shall apply until the area is
redesignated to attainment. The
emissions value included in the
inventories shall be actual ozone season
day emissions as defined by
§ 51.1300(q).4 These requirements allow
the EPA, based on the states’ progress in
reducing emissions, to periodically
reassess its policies and air quality
standards and revise them as necessary.
Most important, these inventories will
be used to develop and assess new
control strategies that states may use in
attainment demonstration SIPs for the
new NAAQS for ozone or other
pollutants. The inventory may also
serve as part of statewide inventories for
purposes of regional modeling in
transport areas, where the inventory
plays an important role in modeling
demonstrations for areas classified as
nonattainment and outside transport
regions.
II. State’s Submittal
CAA Sections 182(a)(3) and 172(c)(3)
require the periodic submission of
emissions inventories for the SIP
planning process to address SIP
requirements applicable to ozone
nonattainment areas in each
classification category. The area of
Sunland Park in southern Doña Ana
County was classified as marginal
nonattainment for the 2015 ozone
NAAQS; initiating a two-year deadline
to submit a baseline emissions
inventory, followed by a periodic
emission inventory every 3-years until
the nonattainment area attains the
standard (83 FR 25776). New Mexico
Environmental Department (NMED’s)
baseline emissions inventory revisions
SIP for the 2015 ozone NAA submittal
was approved by EPA on April 6, 2022
(87 FR 12592).
4 See Implementation of 2015 National Ambient
Air Quality Standards for Ozone: Nonattainment
Area State Implementation Plan Requirements Rule
(SRR) 83 FR 62998.
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Federal Register / Vol. 89, No. 128 / Wednesday, July 3, 2024 / Proposed Rules
On December 20, 2023, NMED
submitted SIP revisions that included
the periodic emissions inventory for the
Sunland Park Nonattainment area. The
inventory was submitted to meet the
CAA section 182(a)(3)(A) obligation to
develop a periodic emission inventory
every 3-years after their base year
inventory until the nonattainment area
is designated as attainment for the
NAAQS. The State conducted a public
comment period with a public hearing
and the State did not receive any
comment during the comment period or
the hearing.
The inventory includes annual and
ozone season daily emissions 5 6 for the
2020 base year precursors NOX and VOC
emissions from different source
categories. The source sector types
include industrial and small point
sources (e.g., utilities), area nonpoint
sources (e.g., residential heating
commercial cooking, surface coating,
gasoline dispensing facilities, etc.), onroad mobile sources (i.e., tailpipe
exhaust), nonroad mobile sources (e.g.,
lawn and garden equipment,
construction, agricultural equipment,
etc.), and fires (e.g., wildfires,
prescribed burnings).
The state submitted annual NOX and
VOC emissions in tons per year by
sector for Sunland Park nonattainment
area as well as Doña Ana County
emissions. The submittal also includes
the NOX and VOC emissions in tons per
ozone season day by sector during a
typical summer day.7 (reflective of the
summer period, when the highest ozone
concentrations are expected in the
ozone nonattainment areas). Table 1
below shows annual NOX emissions
countywide (Doña Ana County), annual
NOX emissions Sunland Park
Nonattainment Area (NAA), and
Sunland Park Ozone season daily
emissions. Table 2 shows the 2020 VOC
annual emission by category for the
Sunland Park ozone nonattainment
areas.
TABLE 1—NOX EMISSIONS SUNLAND PARK, DOÑA ANA COUNTY, NEW MEXICO
Doña Ana County
emissions
(tpy)
Source category
Sunland Park, NM
nonattainment
emissions
(tpy)
Sunland Park, NM
nonattainment
area ozone season
daily emissions
(lb/day)
Point ...................................................................................................................
Nonpoint Area ....................................................................................................
Onroad ...............................................................................................................
Nonroad .............................................................................................................
1,155.22
1,588.62
3,590.66
430.87
740.6
42.01
111.04
10.49
4,046.99
229.56
606.78
57.32
Total ............................................................................................................
6,765.37
904.14
4,940.66
TABLE 2—VOC EMISSIONS SUNLAND PARK, DOÑA ANA COUNTY NEW MEXICO
Doña Ana County
emissions
(tpy)
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Source category
Sunland Park, NM
nonattainment
area emissions
(tpy)
Sunland Park, NM
nonattainment
area ozone season
daily emissions
(lb/day)
Point ...................................................................................................................
Nonpoint Area ....................................................................................................
Onroad ...............................................................................................................
Nonroad .............................................................................................................
114.84
10,933.55
1,206.00
311.27
41.78
134.11
25.41
7.92
228.31
732.84
138.85
43.28
Total ............................................................................................................
12,565.66
209.23
1,143.28
5 Ozone season day emissions means an average
day’s emissions for a typical ozone season work
weekday. The state shall select, subject to EPA
approval, the particular month(s) in the ozone
season and the day(s) in the work week to be
represented, considering the conditions assumed in
the development of RFP plans and/or emissions
budgets for transportation conformity.
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6 Although the Ozone Season is defined for New
Mexico as the entire year (January 1–December 31),
as listed at Table D–3 to Appendix D of Part 58.
Ozone Monitoring Season by state (https://
www.ecfr.gov/current/title-40/chapter-I/subchapterC/part-58/appendix-Appendix D to Part 58), for this
inventory, NMED is focusing on the peak ozone
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season emissions for the 3-month period from June
1 through August 31.
7 See Ozone season day emission as defined in 40
CFR 51.1300(q), https://www.ecfr.gov/current/title40/chapter-I/subchapter-C/part-51/subpart-CC/
section-51.1300.
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Federal Register / Vol. 89, No. 128 / Wednesday, July 3, 2024 / Proposed Rules
III. EPA’s Evaluation
EPA has reviewed the New Mexico
SIP revision for consistency with the
CAA and regulatory periodic emissions
inventory requirements. EPA also
reviewed the techniques used by the
state of New Mexico to derive and
quality assure the emission estimates
used in preparing the periodic emission
inventory. New Mexico documented the
procedures used to estimate the
emissions for each of the four major
inventory source types using 2020
National Emissions Inventory (NEI). The
documentation of the emission
estimation procedures was adequate for
us to determine that New Mexico
followed acceptable procedures to
estimate the emissions. Quality
Assurance (QA) checks were performed
relative to data collection and analysis,
and double counting of emissions from
point, area, and mobile sources. QA/
Quality Control checks were conducted
to ensure accuracy of units, unit
conversions, transposition of figures,
and calculations.
New Mexico notified the public in
both English and Spanish and offered
the opportunity for comment and public
hearing. A full record of public notices
is included in the state’s submittal. New
Mexico did not receive any comments
during the 30-day public comment
period or request for public hearing. A
copy of the New Mexico SIP revision
submittal is available online at
www.regulations.gov, Docket number
EPA–R06–
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VI. Proposed Action
Based on the EPA’s review, the
periodic year emissions inventory
submitted by the state of New Mexico
for Sunland Park ozone nonattainment
area, and entire Doña Ana County
include essential data elements, source
categories, sample calculations, and
report documentation in accordance
with CAA sections 182(a)(3)(A)
requirements, and has been developed
in accordance with EPA guidance.8
Therefore, the EPA is proposing to
approve the periodic emission inventory
for Sunland Park 2015 ozone
nonattainment area.
V. Environmental Justice
Considerations
The EPA reviewed demographic data,
which provides an assessment of
individual demographic groups of the
populations living within the
8 See: Emissions Inventory Guidance for
Implementation of Ozone and Particulate Matter
National Ambient Air Quality Standards (NAAQS)
and Regional Haze Regulations (epa.gov) May 2017,
https://www.epa.gov/sites/default/files/2017-07/
documents/ei_guidance_may_2017_final_rev.pdf.
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approximate 13.86 square miles
contained in the portion of the ozone
nonattainment area within Sunland
Park, New Mexico. The complete report
is available in the public docket for this
action. The Environmental Justice Index
for eight of the twelve EJScreen
indicators exceed the 80th percentile in
the United States; seven of the twelve
EJScreen indicators exceed the 80th
percentile in the State of New Mexico.
Five of the twelve indicators exceed the
90th percentile in both the State of New
Mexico and the United States, including
indices for particulate matter 2.5, ozone,
air toxics cancer risk, air toxics
respiratory, and wastewater discharge.
This analysis showed an approximate
population of 17,408 residents based on
the 2017–2021 Census. Within this area,
EJScreen identified that approximately
95% of the population are people of
color with 58% identified as low
income. Additionally, approximately
34% of the population is linguistically
isolated and 30% of the population has
less than a high school education.
This proposed action is to approve the
periodic emission inventory for Sunland
Park 2015 ozone nonattainment area, in
which updated air emissions data in the
National Emissions Inventory (NEI) is
available on EPA public web page.9 This
proposed action is not anticipated to
have a disproportionately high or
adverse human health or environmental
effects on communities with
environmental justice concerns.
VI. 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 Clean Air Act and
applicable Federal regulations. 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
in reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. 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
9 National Emissions Inventory (NEI) | US EPA,
https://www.epa.gov/air-emissions-inventories/
national-emissions-inventory-nei.
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55139
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.
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. 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.’’ 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 New Mexico Environmental
Department did not evaluate
environmental justice considerations as
part of its SIP revision submittal; the
CAA and applicable implementing
regulations neither prohibit nor require
such an evaluation. EPA performed an
environmental justice analysis, as is
described above in the section titled,
‘‘Environmental Justice
Considerations.’’ The analysis was done
for the purpose of providing additional
context and information about this
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Federal Register / Vol. 89, No. 128 / Wednesday, July 3, 2024 / Proposed Rules
rulemaking to the public, not as a basis
of the 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 E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 25, 2024.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2024–14434 Filed 7–2–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2024–0286; FRL–12046–
01–R7]
Air Plan Partial Approval and Partial
Disapproval; Missouri; Regional Haze
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to partially
approve and partially disapprove a
revision to Missouri’s State
Implementation Plan (SIP) submitted on
August 26, 2022, to satisfy applicable
requirements under the Clean Air Act
(CAA) and the EPA’s Regional Haze
Rule (RHR) for the program’s second
planning period. As required by section
169A of the Clean Air Act, the Federal
Regional Haze Rule calls for state and
Federal agencies to work together to
improve visibility, including Regional
Haze, in 156 national parks and
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SUMMARY:
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wilderness areas. The rule requires the
states, in coordination with the EPA, the
National Parks Service (NPS), the U.S.
Fish and Wildlife Service (FWS), the
U.S. Forest Service (FS), and other
interested parties, to develop and
implement air quality protection plans
in which states revise their long-term
strategies (LTS) for making reasonable
progress towards the national goal of
preventing any future, and remedying
any existing, anthropogenic impairment
of visibility in these mandatory Class I
Federal areas. Disapproval does not start
a mandatory sanctions clock.
DATES: Comments must be received on
or before August 2, 2024.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–R07–
OAR–2024–0286 to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received will be
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Written Comments’’ heading of the
SUPPLEMENTARY INFORMATION section of
this preamble.
FOR FURTHER INFORMATION CONTACT:
Ashley Keas, Environmental Protection
Agency, Region 7 Office, Air and
Radiation Division, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number: (913) 551–7629;
email address: keas.ashley@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. Background and Requirements for
Regional Haze Plans
A. Regional Haze Background
B. Roles of Agencies in Addressing
Regional Haze
IV. Requirements for Regional Haze Plans for
the Second Implementation Period
A. Identification of Class I Areas
B. Calculation of Baseline, Current, and
Natural Visibility Conditions; Progress to
Date; and the Uniform Rate of Progress
C. Long-Term Strategy for Regional Haze
D. Reasonable Progress Goals
E. Monitoring Strategy and Other State
Implementation Plan Requirements
F. Requirements for Periodic Reports
Describing Progress Towards the
Reasonable Progress Goals
G. Requirements for State and Federal
Land Manager Coordination
V. The EPA’s Evaluation of Missouri’s
Regional Haze Submission for the
Second Implementation Period
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
A. Background on Missouri’s First
Implementation Period SIP Submission
B. Missouri’s Second Implementation
Period SIP Submission and the EPA’s
Evaluation
C. Identification of Class I Areas
D. Calculations of Baseline, Current, and
Natural Visibility Conditions; Progress to
Date; and the Uniform Rate of Progress
E. Long-Term Strategy for Regional Haze
1. Source Selection
2. Four-Factor Analysis
3. Additional Long-Term Strategy
Requirements
F. Reasonable Progress Goals
G. Monitoring Strategy and Other
Implementation Plan Requirements
H. Requirements for Periodic Reports
Describing Progress Towards the
Reasonable Progress Goals
I. Requirements for State and Federal Land
Manager Coordination
VI. What action is the EPA proposing to take?
VII. Environmental Justice Considerations
VIII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by
Docket ID No. EPA–R07–OAR–2024–
0286, at https://www.regulations.gov.
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, 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.
II. What is being addressed in this
document?
On August 26, 2022, the Missouri
Department of Natural Resources
(MoDNR) submitted a plan to the EPA
to satisfy the regional haze program
requirements pursuant to CAA sections
169A and 40 CFR 51.308. The EPA is
proposing to partially approve and
partially disapprove Missouri’s Regional
Haze plan for the second planning
period. Consistent with section
110(k)(3) of the CAA, the EPA may
partially approve portions of a submittal
E:\FR\FM\03JYP1.SGM
03JYP1
Agencies
[Federal Register Volume 89, Number 128 (Wednesday, July 3, 2024)]
[Proposed Rules]
[Pages 55136-55140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14434]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2023-0648; FRL-11992-01-R6]
Air Plan Approval; New Mexico; Periodic Emission Inventory SIP
for the Sunland Park Nonattainment Area for the 2015 Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve State
Implementation Plan (SIP) revisions related to the 2015 8-hour ozone
National Ambient Air Quality Standards (NAAQS) for the Sunland Park New
Mexico marginal nonattainment area.
DATES: Written comments must be received on or before August 2, 2024.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2023-0648, at https://www.regulations.gov or via email to
epa.gov">salem.nevine@epa.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 Ms. Nevine Salem, 214-
665-7222, epa.gov">salem.nevine@epa.gov. 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.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov. While all documents in the
docket are listed in the index, some information may not be publicly
available due to docket file size restrictions or content (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Ms. Nevine Salem, EPA Region 6 Office,
[[Page 55137]]
Infrastructure and Ozone Section, 214-665-7222, epa.gov">salem.nevine@epa.gov.
We encourage the public to submit comments via https://www.regulations.gov. Please call or email the contact listed above if
you need alternative access to material indexed but not provided in the
docket.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
Ozone is a gas that is formed by the reaction of Volatile Organic
Compounds (VOC) and Oxides of Nitrogen (NOX) in the atmosphere in the
presence of sunlight. Therefore, an emission inventory for ozone
focuses on the emissions of VOC and NOX referred to as ozone
precursors. These precursors (VOC and NOX) are emitted by many types of
pollution sources, including point sources such as power plants and
industrial emissions sources; on-road and off-road mobile sources
(motor vehicles and engines); and smaller residential and commercial
sources, such as dry cleaners, auto body shops, and household paints,
collectively referred to as nonpoint sources (also called area
sources).
1. The 2015 Ozone NAAQS
On October 1, 2015, the EPA revised both the primary and secondary
NAAQS \1\ for ozone from concentration level of 0.075 part per million
(ppm) to 0.070 ppm to provide increased protection of public health and
the environment (80 FR 65296, October 26, 2015). The 2015 8-hour ozone
NAAQS retains the same general form and averaging time as the 0.075 ppm
NAAQS set in 2008 NAAQS but is set at a more protective level.
Specifically, the 2015 8-hour ozone NAAQS is attained when the 3-year
average of the annual fourth-highest daily maximum 8-hour average
ambient air quality ozone concentrations is less than or equal to 0.07
ppm.\2\
---------------------------------------------------------------------------
\1\ The primary ozone standards provide protection for children,
older adults, and people with asthma or other lung diseases, and
other at-risk populations against an array of adverse health effects
that include reduced lung function, increased respiratory symptoms
and pulmonary inflammation; effects that contribute to emergency
department visits or hospital admissions; and mortality. The
secondary ozone standards protect against adverse effects to the
public welfare, including those related to impacts on sensitive
vegetation and forested ecosystems.
\2\ For a detailed explanation of the calculation of the 3-year
8-hour average, see 80 FR 65292 and 40 CFR part 50, Appendix U.
---------------------------------------------------------------------------
On March 9, 2018 (83 FR 10376), the EPA published the
Classifications Rule that establishes how the statutory classifications
will apply for the 2015 8-hr ozone NAAQS, including the air quality
thresholds for each classification category and attainment deadline
associated with each classification.
On June 4, 2018, the EPA classified the Sunland Park area in
southern Do[ntilde]a Ana County, New Mexico as a marginal nonattainment
area for 2015 ozone NAAQS with an attainment deadline of August 3,
2021. (See 83 FR 25776). Any state in which a marginal nonattainment
area is located is required to submit certain SIP elements to the EPA
in accordance with section 182(a) of the CAA.
2. Statutory and Regulatory Emission Inventory Requirements
An emission inventory of ozone is an estimation of actual emissions
of air pollutants that contribute to the formation of ozone in an area.
The emissions inventory provides emissions data for a variety of air
quality planning tasks, including establishing baseline emission levels
for calculating emission reduction targets needed to attain the NAAQS,
determining emission inputs for ozone air quality modeling analyses,
and tracking emissions over time to determine progress toward meeting
Reasonable Further Progress (RFP) requirements.
CAA sections 182(a)(1) and 182(a)(3)(A) require submission of base
year and periodic emissions inventories respectively for each ozone
nonattainment area.\3\ States are required to submit a periodic
inventory of emissions sources in the nonattainment areas to meet the
requirements of CAA 182 (a)(3)(A), as specified in the Air Emissions
Reporting Requirement (AERR) at 40 CFR part 51, subpart A. Each
periodic inventory shall be submitted no later than the end of each 3-
year period after the required submission of the base year inventory
for the nonattainment area and this requirement shall apply until the
area is redesignated to attainment. The emissions value included in the
inventories shall be actual ozone season day emissions as defined by
Sec. 51.1300(q).\4\ These requirements allow the EPA, based on the
states' progress in reducing emissions, to periodically reassess its
policies and air quality standards and revise them as necessary. Most
important, these inventories will be used to develop and assess new
control strategies that states may use in attainment demonstration SIPs
for the new NAAQS for ozone or other pollutants. The inventory may also
serve as part of statewide inventories for purposes of regional
modeling in transport areas, where the inventory plays an important
role in modeling demonstrations for areas classified as nonattainment
and outside transport regions.
---------------------------------------------------------------------------
\3\ For each nonattainment area, the state shall submit a base
year inventory as defined by Sec. 51.1300(p) to meet the emissions
inventory requirement of CAA section 182(a)(1). This inventory shall
be submitted no later than 24 months after the effective date of
designation. The inventory year shall be selected consistent with
the baseline year for the RFP plan as required by Sec. 51.1310(b).
\4\ See Implementation of 2015 National Ambient Air Quality
Standards for Ozone: Nonattainment Area State Implementation Plan
Requirements Rule (SRR) 83 FR 62998.
---------------------------------------------------------------------------
II. State's Submittal
CAA Sections 182(a)(3) and 172(c)(3) require the periodic
submission of emissions inventories for the SIP planning process to
address SIP requirements applicable to ozone nonattainment areas in
each classification category. The area of Sunland Park in southern
Do[ntilde]a Ana County was classified as marginal nonattainment for the
2015 ozone NAAQS; initiating a two-year deadline to submit a baseline
emissions inventory, followed by a periodic emission inventory every 3-
years until the nonattainment area attains the standard (83 FR 25776).
New Mexico Environmental Department (NMED's) baseline emissions
inventory revisions SIP for the 2015 ozone NAA submittal was approved
by EPA on April 6, 2022 (87 FR 12592).
[[Page 55138]]
On December 20, 2023, NMED submitted SIP revisions that included
the periodic emissions inventory for the Sunland Park Nonattainment
area. The inventory was submitted to meet the CAA section 182(a)(3)(A)
obligation to develop a periodic emission inventory every 3-years after
their base year inventory until the nonattainment area is designated as
attainment for the NAAQS. The State conducted a public comment period
with a public hearing and the State did not receive any comment during
the comment period or the hearing.
The inventory includes annual and ozone season daily emissions
5 6 for the 2020 base year precursors NOX and VOC
emissions from different source categories. The source sector types
include industrial and small point sources (e.g., utilities), area
nonpoint sources (e.g., residential heating commercial cooking, surface
coating, gasoline dispensing facilities, etc.), on-road mobile sources
(i.e., tailpipe exhaust), nonroad mobile sources (e.g., lawn and garden
equipment, construction, agricultural equipment, etc.), and fires
(e.g., wildfires, prescribed burnings).
---------------------------------------------------------------------------
\5\ Ozone season day emissions means an average day's emissions
for a typical ozone season work weekday. The state shall select,
subject to EPA approval, the particular month(s) in the ozone season
and the day(s) in the work week to be represented, considering the
conditions assumed in the development of RFP plans and/or emissions
budgets for transportation conformity.
\6\ Although the Ozone Season is defined for New Mexico as the
entire year (January 1-December 31), as listed at Table D-3 to
Appendix D of Part 58. Ozone Monitoring Season by state (https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-58/appendix-Appendix D to Part 58), for this inventory, NMED is
focusing on the peak ozone season emissions for the 3-month period
from June 1 through August 31.
---------------------------------------------------------------------------
The state submitted annual NOX and VOC emissions in tons
per year by sector for Sunland Park nonattainment area as well as
Do[ntilde]a Ana County emissions. The submittal also includes the
NOX and VOC emissions in tons per ozone season day by sector
during a typical summer day.\7\ (reflective of the summer period, when
the highest ozone concentrations are expected in the ozone
nonattainment areas). Table 1 below shows annual NOX
emissions countywide (Do[ntilde]a Ana County), annual NOX
emissions Sunland Park Nonattainment Area (NAA), and Sunland Park Ozone
season daily emissions. Table 2 shows the 2020 VOC annual emission by
category for the Sunland Park ozone nonattainment areas.
---------------------------------------------------------------------------
\7\ See Ozone season day emission as defined in 40 CFR
51.1300(q), https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-51/subpart-CC/section-51.1300.
Table 1--NOX Emissions Sunland Park, Do[ntilde]a Ana County, New Mexico
----------------------------------------------------------------------------------------------------------------
Sunland Park, NM
Do[ntilde]a Ana Sunland Park, NM nonattainment area
Source category County emissions nonattainment ozone season daily
(tpy) emissions (tpy) emissions (lb/day)
----------------------------------------------------------------------------------------------------------------
Point.............................................. 1,155.22 740.6 4,046.99
Nonpoint Area...................................... 1,588.62 42.01 229.56
Onroad............................................. 3,590.66 111.04 606.78
Nonroad............................................ 430.87 10.49 57.32
------------------------------------------------------------
Total.......................................... 6,765.37 904.14 4,940.66
----------------------------------------------------------------------------------------------------------------
Table 2--VOC Emissions Sunland Park, Do[ntilde]a Ana County New Mexico
----------------------------------------------------------------------------------------------------------------
Sunland Park, NM
Do[ntilde]a Ana Sunland Park, NM nonattainment area
Source category County emissions nonattainment area ozone season daily
(tpy) emissions (tpy) emissions (lb/day)
----------------------------------------------------------------------------------------------------------------
Point.............................................. 114.84 41.78 228.31
Nonpoint Area...................................... 10,933.55 134.11 732.84
Onroad............................................. 1,206.00 25.41 138.85
Nonroad............................................ 311.27 7.92 43.28
------------------------------------------------------------
Total.......................................... 12,565.66 209.23 1,143.28
----------------------------------------------------------------------------------------------------------------
[[Page 55139]]
III. EPA's Evaluation
EPA has reviewed the New Mexico SIP revision for consistency with
the CAA and regulatory periodic emissions inventory requirements. EPA
also reviewed the techniques used by the state of New Mexico to derive
and quality assure the emission estimates used in preparing the
periodic emission inventory. New Mexico documented the procedures used
to estimate the emissions for each of the four major inventory source
types using 2020 National Emissions Inventory (NEI). The documentation
of the emission estimation procedures was adequate for us to determine
that New Mexico followed acceptable procedures to estimate the
emissions. Quality Assurance (QA) checks were performed relative to
data collection and analysis, and double counting of emissions from
point, area, and mobile sources. QA/Quality Control checks were
conducted to ensure accuracy of units, unit conversions, transposition
of figures, and calculations.
New Mexico notified the public in both English and Spanish and
offered the opportunity for comment and public hearing. A full record
of public notices is included in the state's submittal. New Mexico did
not receive any comments during the 30-day public comment period or
request for public hearing. A copy of the New Mexico SIP revision
submittal is available online at www.regulations.gov, Docket number
EPA-R06-
VI. Proposed Action
Based on the EPA's review, the periodic year emissions inventory
submitted by the state of New Mexico for Sunland Park ozone
nonattainment area, and entire Do[ntilde]a Ana County include essential
data elements, source categories, sample calculations, and report
documentation in accordance with CAA sections 182(a)(3)(A)
requirements, and has been developed in accordance with EPA
guidance.\8\ Therefore, the EPA is proposing to approve the periodic
emission inventory for Sunland Park 2015 ozone nonattainment area.
---------------------------------------------------------------------------
\8\ See: Emissions Inventory Guidance for Implementation of
Ozone and Particulate Matter National Ambient Air Quality Standards
(NAAQS) and Regional Haze Regulations (epa.gov) May 2017, https://www.epa.gov/sites/default/files/2017-07/documents/ei_guidance_may_2017_final_rev.pdf.
---------------------------------------------------------------------------
V. Environmental Justice Considerations
The EPA reviewed demographic data, which provides an assessment of
individual demographic groups of the populations living within the
approximate 13.86 square miles contained in the portion of the ozone
nonattainment area within Sunland Park, New Mexico. The complete report
is available in the public docket for this action. The Environmental
Justice Index for eight of the twelve EJScreen indicators exceed the
80th percentile in the United States; seven of the twelve EJScreen
indicators exceed the 80th percentile in the State of New Mexico. Five
of the twelve indicators exceed the 90th percentile in both the State
of New Mexico and the United States, including indices for particulate
matter 2.5, ozone, air toxics cancer risk, air toxics respiratory, and
wastewater discharge. This analysis showed an approximate population of
17,408 residents based on the 2017-2021 Census. Within this area,
EJScreen identified that approximately 95% of the population are people
of color with 58% identified as low income. Additionally, approximately
34% of the population is linguistically isolated and 30% of the
population has less than a high school education.
This proposed action is to approve the periodic emission inventory
for Sunland Park 2015 ozone nonattainment area, in which updated air
emissions data in the National Emissions Inventory (NEI) is available
on EPA public web page.\9\ This proposed action is not anticipated to
have a disproportionately high or adverse human health or environmental
effects on communities with environmental justice concerns.
---------------------------------------------------------------------------
\9\ National Emissions Inventory (NEI) [bond] US EPA, https://www.epa.gov/air-emissions-inventories/national-emissions-inventory-nei.
---------------------------------------------------------------------------
VI. 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 Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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 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.
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.
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.'' 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 New Mexico Environmental Department did not evaluate
environmental justice considerations as part of its SIP revision
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA performed an environmental
justice analysis, as is described above in the section titled,
``Environmental Justice Considerations.'' The analysis was done for the
purpose of providing additional context and information about this
[[Page 55140]]
rulemaking to the public, not as a basis of the 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
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 25, 2024.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2024-14434 Filed 7-2-24; 8:45 am]
BILLING CODE 6560-50-P