Designations of Areas for Air Quality Planning Purposes; Pennsylvania, New Jersey, Maryland, Delaware; Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE 2015 8-Hour Ozone Nonattainment Area; Reclassification to Serious, 61025-61029 [2024-16570]
Download as PDF
Federal Register / Vol. 89, No. 146 / Tuesday, July 30, 2024 / Rules and Regulations
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
West Virginia
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 30, 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
approving West Virginia title V permit
Program revisions may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
40 CFR Part 81
List of Subjects in 40 CFR Part 70
Environmental protection,
Administrative practice and procedure,
Air pollution control, Carbon monoxide,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
70 as follows:
PART 70—STATE OPERATING PERMIT
PROGRAMS
1. The authority citation for part 70
continues to read as follows:
■
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Authority: 42 U.S.C. 7401, et seq.
2. Appendix A to Part 70 is amended
by adding paragraph (h) under ‘‘West
Virginia’’ to read as follows:
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Appendix A to Part 70—Approval
Status of State and Local Operating
Permit Programs
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For
questions relating to New Jersey, contact
Fausto Taveras, Environmental
Protection Agency, Region II, 290
Broadway, New York, New York 10007–
1866, at (212) 637–3378, or by email at
Taveras.Fausto@epa.gov, and for
questions relating to Pennsylvania,
Maryland, and/or Delaware, contact Ian
Neiswinter, Planning and
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1600 John
F Kennedy Boulevard, Philadelphia,
Pennsylvania 19103, at (215) 814–2011,
or by email at Neiswinter.Ian@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
FOR FURTHER INFORMATION CONTACT:
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(h) The West Virginia Department of
Environmental Protection submitted a
program revision on May 3, 2023 to
restructure the title V operating permit fees
collected by WVDEP, amend West Virginia’s
title V regulations to comport with Federal
permit review, public petition, and
affirmative defense requirements, and
remove obsolete transitional language;
approval effective on July 30, 2024.
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61025
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[FR Doc. 2024–16568 Filed 7–29–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R03–OAR–2024–0351; FRL–12132–
01–R3]
Designations of Areas for Air Quality
Planning Purposes; Pennsylvania, New
Jersey, Maryland, Delaware;
Philadelphia-Wilmington-Atlantic City,
PA-NJ-MD-DE 2015 8-Hour Ozone
Nonattainment Area; Reclassification
to Serious
Table of Contents
I. Reclassification of the PhiladelphiaWilmington-Atlantic City, PA-NJ-MD-DE
area to Serious Ozone Nonattainment
II. Statutory and Executive Order Reviews
I. Reclassification of the PhiladelphiaWilmington-Atlantic City, PA-NJ-MDDE Area to Serious Ozone
Nonattainment
AGENCY: Environmental Protection
Effective August 3, 2018 (83 FR
Agency (EPA).
25776), the EPA classified the
Philadelphia-Wilmington-Atlantic City,
ACTION: Final rule.
PA-NJ-MD-DE area (the Philadelphia
SUMMARY: Under the Clean Air Act
Area 1) under the CAA as ‘‘Marginal’’ for
(CAA or the ‘‘Act’’), the Environmental
the 2015 8-hour ozone NAAQS.
Protection Agency (EPA) is granting a
Classification of this area as a Marginal
request from the Commonwealth of
ozone nonattainment area established a
Pennsylvania and the States of New
requirement that the area attain the 2015
Jersey, Maryland, and Delaware to
ozone NAAQS as expeditiously as
reclassify the Philadelphia-Wilmington- practicable, but no later than three years
Atlantic City, PA-NJ-MD-DE ozone
from designation, i.e., August 3, 2021.
nonattainment area from ‘‘Moderate’’ to Effective November 7, 2022 (87 FR
‘‘Serious’’ for the 2015 8-hour ozone
60897), the EPA determined that the
national ambient air quality standards
Philadelphia Area failed to attain by the
(2015 ozone NAAQS).
applicable Marginal attainment date. In
DATES: This final rule is effective on July that action, the EPA reclassified the
30, 2024.
Philadelphia Area as Moderate
ADDRESSES: EPA has established a
nonattainment for the 2015 ozone
docket for this action under Docket ID
NAAQS and established the Moderate
Number EPA–R03–OAR–2024–0351. All attainment date as August 3, 2024. On
documents in the docket are listed on
July 17, 2024, the Commonwealth of
the www.regulations.gov website.
Pennsylvania requested that the EPA
Although listed in the index, some
reclassify the Philadelphia Area from
information is not publicly available,
Moderate to Serious. On July 18, 2024,
e.g., confidential business information
the States of Delaware, Maryland, and
(CBI) or other information whose
New Jersey requested that the EPA
disclosure is restricted by statute.
reclassify the Philadelphia Area from
Certain other material, such as
1 The Philadelphia Area consists of the following
copyrighted material, is not placed on
counties/cities: Bucks County, Chester County,
the internet and will be publicly
Delaware County, Montgomery County, and
available only in hard copy form.
Philadelphia County in Pennsylvania; Atlantic
Publicly available docket materials are
County, Burlington County, Camden County, Cape
May County, Cumberland County, Gloucester
available through www.regulations.gov,
County, Mercer County, Ocean County, and Salem
or please contact the person identified
County in New Jersey; Cecil County in Maryland;
in the FOR FURTHER INFORMATION
and New Castle County in Delaware. See 40 Code
CONTACT section for additional
of Federal Regulation (CFR) 81.339, 40 CFR 81.331,
40 CFR 81.321, and 40 CFR 81.308.
availability information.
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61026
Federal Register / Vol. 89, No. 146 / Tuesday, July 30, 2024 / Rules and Regulations
Moderate to Serious. The request letters
from the States are also provided in the
docket of this rulemaking.
We are approving these States’
reclassification request under section
181(b)(3) of the Act, which provides for
‘‘voluntary reclassification.’’ Because
the plain language of section 181(b)(3)
mandates that we approve such a
request, the EPA is granting the States’
request for voluntary reclassification
under section 181(b)(3) for the
Philadelphia Area for the 2015 ozone
NAAQS, and the EPA is reclassifying
the area from Moderate to Serious.
Because of this action, the Philadelphia
Area must now attain the 2015 ozone
NAAQS as expeditiously as practicable,
but no later than nine years from the
date of the initial designation as
nonattainment, i.e., August 3, 2027.
Applicable SIP requirements and
deadlines associated with the
reclassification will be addressed in a
separate notice.
The EPA has determined that this
action falls under the ‘‘good cause’’
exemption in section 553(b)(B) of the
Administrative Procedure Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation where public notice
and comment procedures are
‘‘impracticable, unnecessary or contrary
to the public interest.’’ The EPA has
determined that public notice and
comment for this action is unnecessary
because our action to approve voluntary
reclassification requests under CAA
section 181(b)(3) is nondiscretionary
both in its issuance and in its content.
As such, notice and comment
rulemaking procedures would serve no
useful purpose.
The EPA also finds that there is good
cause under APA section 553(d)(3) for
this reclassification to become effective
on the date of publication. Section
553(d)(3) of the APA allows an effective
date of less than 30 days after
publication ‘‘as otherwise provided by
the agency for good cause found and
published with the rule.’’ See 5 U.S.C.
553(d)(3). The purpose of the 30-day
waiting period prescribed in APA
section 553(d)(3) is to give affected
parties a reasonable time to adjust their
behavior and prepare before the final
rule takes effect. This rule, however,
does not create any new regulatory
requirements such that affected parties
would need time to prepare before the
rule takes effect. The schedule for
required plan submittals for the
Philadelphia Area under the new
classification will be proposed in a
separate action. For this reason, the EPA
finds good cause under APA section
553(d)(3) for this reclassification to
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become effective on the date of
publication.
II. Statutory and Executive Order
Reviews
A. General Requirements
Under the Clean Air Act 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 13563 (76 FR 3821,
January 21, 2011);
• 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 an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• 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, this action 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 (59 FR 7629,
February 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States. This
reclassification action relates to ozone, a
pollutant that is regional in nature, and
is not the type of action that could result
in the types of local impacts addressed
in Executive Order 12898.
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B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 30, 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
reclassifying the Philadelphia Area from
Moderate to Serious for the 2015 ozone
NAAQS may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
List of Subjects in 40 CFR Part 81
Air pollution control, National parks,
Wilderness areas.
Adam Ortiz,
Regional Administrator, EPA Region III.
Lisa Garcia,
Regional Administrator, EPA Region II.
Part 81 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
1. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
2. In § 81.308, the table titled
‘‘Delaware—2015 8-Hour Ozone
NAAQS’’ is amended by revising the
entry for ‘‘Philadelphia-WilmingtonAtlantic City, PA-NJ-MD-DE’’ to read as
follows:
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Federal Register / Vol. 89, No. 146 / Tuesday, July 30, 2024 / Rules and Regulations
§ 81.308
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Delaware.
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DELAWARE—2015 8-HOUR OZONE NAAQS
[Primary and Secondary]
Designation
Classification
Designated area 1
Philadelphia-Wilmington-Atlantic
MD-DE.
New Castle County.
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City,
PA-NJ-
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Date 2
Type
......................................
Nonattainment ..............
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Date 2
3. In § 81.321, the table entitled
‘‘Maryland—2015 8-Hour Ozone
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7/30/2024
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NAAQS’’ is amended by revising the
entry for ‘‘Philadelphia-WilmingtonAtlantic City, PA-NJ-MD-DE’’ to read as
follows:
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Type
Serious.
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§ 81.321
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Maryland.
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MARYLAND—2015 8-HOUR OZONE NAAQS
[Primary and Secondary]
Designation
Classification
Designated area 1
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Philadelphia-Wilmington-Atlantic
MD-DE.
Cecil County.
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City,
PA-NJ-
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Type
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Nonattainment ..............
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1 Includes any Indian country in each county or
area, unless otherwise specified. EPA is not
determining the boundaries of any area of Indian
country in this table, including any area of Indian
country located in the larger designation area. The
inclusion of any Indian country in the designation
area is not a determination that the State has
regulatory authority under the Clean Air Act for
such Indian country.
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Date 2
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Date 2
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2 This date is August 3, 2018, unless otherwise
noted.
1 Includes any Indian country in each county or
area, unless otherwise specified. EPA is not
determining the boundaries of any area of Indian
country in this table, including any area of Indian
country located in the larger designation area. The
inclusion of any Indian country in the designation
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Type
*
Serious.
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area is not a determination that the State has
regulatory authority under the Clean Air Act for
such Indian country.
2 This date is August 3, 2018, unless otherwise
noted.
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Federal Register / Vol. 89, No. 146 / Tuesday, July 30, 2024 / Rules and Regulations
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4. In § 81.331, the table entitled ‘‘New
Jersey—2015 8-Hour Ozone NAAQS’’ is
■
amended by revising the entry for
‘‘Philadelphia-Wilmington-Atlantic
City, PA-NJ-MD-DE’’ to read as follows:
§ 81.331
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New Jersey.
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NEW JERSEY—2015 8-HOUR OZONE NAAQS
[Primary and Secondary]
Designation
Classification
Designated area 1
*
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Philadelphia-Wilmington-Atlantic
MD-DE.
Atlantic County.
Burlington County.
Camden County.
Cape May County.
Cumberland County.
Gloucester County.
Mercer County.
Ocean County.
Salem County.
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City,
PA-NJ-
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Date 2
Type
*
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Nonattainment ..............
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Date 2
5. In § 81.339, the table entitled
‘‘Pennsylvania—2015 8-Hour Ozone
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7/30/2024
*
NAAQS’’ is amended by revising the
entry for ‘‘Philadelphia-WilmingtonAtlantic City, PA-NJ-MD-DE’’ to read as
follows:
*
Type
*
Serious.
*
§ 81.339
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Pennsylvania
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PENNSYLVANIA—2015 8-HOUR OZONE NAAQS
[Primary and Secondary]
Designation
Classification
Designated area 1
Philadelphia-Wilmington-Atlantic
MD-DE.
Bucks County.
Chester County.
Delaware County.
Montgomery County.
Philadelphia County.
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City,
PA-NJ-
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Type
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Nonattainment ..............
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1 Includes any Indian country in each county or
area, unless otherwise specified. EPA is not
determining the boundaries of any area of Indian
country in this table, including any area of Indian
country located in the larger designation area. The
inclusion of any Indian country in the designation
area is not a determination that the State has
regulatory authority under the Clean Air Act for
such Indian country.
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Date 2
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Date 2
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2 This date is August 3, 2018, unless otherwise
noted.
1 Includes any Indian country in each county or
area, unless otherwise specified. EPA is not
determining the boundaries of any area of Indian
country in this table, including any area of Indian
country located in the larger designation area. The
inclusion of any Indian country in the designation
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Type
Serious.
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area is not a determination that the State has
regulatory authority under the Clean Air Act for
such Indian country.
2 This date is August 3, 2018, unless otherwise
noted.
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Federal Register / Vol. 89, No. 146 / Tuesday, July 30, 2024 / Rules and Regulations
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[FR Doc. 2024–16570 Filed 7–29–24; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
42 CFR Part 71
[Docket No. CDC–CDC–2023–0051]
RIN 0920–AA82
Control of Communicable Diseases;
Foreign Quarantine: Importation of
Dogs and Cats; Correction
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
ACTION: Final rule; correction.
AGENCY:
The Centers for Disease
Control and Prevention (CDC) in the
Department of Health and Human
Services (HHS) announces a technical
correction to the final rule published on
May 13, 2024, regarding the importation
of dogs and cats into the United States.
The final rule contained a technical
error. HHS/CDC is therefore publishing
this amendment to the final rule
correcting an error in amending
instructions to the Office of the Federal
Register.
DATES: Effective on August 1, 2024.
FOR FURTHER INFORMATION CONTACT:
Ashley C. Altenburger, J.D., Division of
Global Migration Health, Centers for
Disease Control and Prevention, 1600
Clifton Road NE, MS–H16–4, Atlanta,
Georgia 30329. Telephone: 1–800–232–
4636.
SUPPLEMENTARY INFORMATION: On May
13, 2024, HHS/CDC published a final
rule (89 FR 41726) that included a
technical error. Therefore, HHS/CDC is
publishing this notice to correct the
technical error that was made in the
final rule.
Section 553(b)(B) of the
Administrative Procedure Act (APA), 5
U.S.C. 553(b)(B), provides that, when an
agency for good cause finds that notice
and public procedure are impracticable,
unnecessary, or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. We
have determined that it is unnecessary
to provide prior notice and the
opportunity for public comment
because the technical correction being
made, as discussed below, address only
a minor publication error that does not
substantially change agency actions
taken in the final rule. For the same
reasons we find good cause to make the
correction effective on publication.
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SUMMARY:
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16:04 Jul 29, 2024
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Summary of the Technical Correction
to 42 CFR Part 71—Foreign Quarantine;
Importation of Dogs and Cats
The final rule contains instructions to
the Office of the Federal Register
explaining how § 71.51, Dogs and cats,
should appear once published in the
Code of Federal Regulations. In
amending instruction 3.j. to § 71.51,
appearing at 89 FR 41837, HHS/CDC
included instructions ‘‘adding
paragraphs (h) through (ff).’’ However,
the final rule contained updated
provisions through paragraph (gg) and
should have indicated that HHS/CDC is
‘‘adding paragraphs (h) through (gg).’’
We are therefore making this technical
correction to ensure that paragraph (gg)
is published in the Code of Federal
Regulations as HHS/CDC intended and
as discussed in the final rule.
Correction
For the reasons noted above, in FR
Doc. 2024–09676, beginning on page
41726 in the Federal Register of
Monday, May 13, 2024, the following
correction is made:
§ 71.51
[Corrected]
1. On page 41837, in the third column,
in amendment 3.j. for § 71.51, the
instruction ‘‘Adding paragraphs (h)
through (ff)’’ is corrected to read
‘‘Adding paragraphs (h) through (gg)’’.
■
The effective date for the final
rule published June 27, 2024, at 89 FR
53502, is delayed from August 26, 2024,
to September 16, 2024.
FOR FURTHER INFORMATION CONTACT: Ms.
Jennifer D. Johnson, telephone 703–
717–8226.
SUPPLEMENTARY INFORMATION: On June
27, 2024, DoD published a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement section 2881 of
the National Defense Authorization Act
for Fiscal Year 2024 (Pub. L. 118–31).
Section 2881 increased the statutory
limitation on the amount that may be
earned by contractors providing certain
architect and engineering services under
contracts with the Departments of the
Army, Navy, and Air Force. The
effective date of the final rule has been
postponed from August 26, 2024, to
September 16, 2024, to comply with the
Congressional Review Act; the final rule
is a major rule as defined by 5 U.S.C.
804.
DATES:
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
[FR Doc. 2024–16715 Filed 7–29–24; 8:45 am]
BILLING CODE 6001–FR–P
DEPARTMENT OF THE INTERIOR
Elizabeth Gramling,
Executive Secretary, Department of Health
and Human Services.
Fish and Wildlife Service
[FR Doc. 2024–16681 Filed 7–29–24; 8:45 am]
50 CFR Part 17
BILLING CODE 4163–18–P
61029
[Docket No. FWS–R8–ES–2022–0082;
FXES1111090FEDR–245–FF09E21000]
DEPARTMENT OF DEFENSE
RIN 1018–BG07
Defense Acquisition Regulations
System
[Docket DARS–2024–0019]
Endangered and Threatened Wildlife
and Plants; Endangered Species
Status for the San Francisco Bay-Delta
Distinct Population Segment of the
Longfin Smelt
RIN 0750–AM16
AGENCY:
Defense Federal Acquisition
Regulation Supplement: Architect and
Engineering Service Fees (DFARS
Case 2024–D019); Delay of Effective
Date
SUMMARY:
48 CFR Part 236
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule; delay of effective
date.
AGENCY:
DoD is postponing the
effective date of the final rule published
in the Federal Register on June 27,
2024. As published, the rule was to be
effective August 26, 2024.
SUMMARY:
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Fish and Wildlife Service,
Interior.
ACTION: Final rule.
We, the U.S. Fish and
Wildlife Service (Service), determine
endangered species status under the
Endangered Species Act of 1973, as
amended (Act), for the San Francisco
Bay-Delta distinct population segment
(DPS) of longfin smelt (Spirinchus
thaleichthys), a fish species of the
Pacific Coast. This rule extends the
protections of the Act to this DPS and
adds it to the List of Endangered and
Threatened Wildlife.
DATES: This rule is effective August 29,
2024.
E:\FR\FM\30JYR1.SGM
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Agencies
[Federal Register Volume 89, Number 146 (Tuesday, July 30, 2024)]
[Rules and Regulations]
[Pages 61025-61029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16570]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R03-OAR-2024-0351; FRL-12132-01-R3]
Designations of Areas for Air Quality Planning Purposes;
Pennsylvania, New Jersey, Maryland, Delaware; Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE 2015 8-Hour Ozone Nonattainment Area;
Reclassification to Serious
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: Under the Clean Air Act (CAA or the ``Act''), the
Environmental Protection Agency (EPA) is granting a request from the
Commonwealth of Pennsylvania and the States of New Jersey, Maryland,
and Delaware to reclassify the Philadelphia-Wilmington-Atlantic City,
PA-NJ-MD-DE ozone nonattainment area from ``Moderate'' to ``Serious''
for the 2015 8-hour ozone national ambient air quality standards (2015
ozone NAAQS).
DATES: This final rule is effective on July 30, 2024.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2024-0351. 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: For questions relating to New Jersey,
contact Fausto Taveras, Environmental Protection Agency, Region II, 290
Broadway, New York, New York 10007-1866, at (212) 637-3378, or by email
at [email protected], and for questions relating to Pennsylvania,
Maryland, and/or Delaware, contact Ian Neiswinter, Planning and
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F Kennedy
Boulevard, Philadelphia, Pennsylvania 19103, at (215) 814-2011, or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Reclassification of the Philadelphia-Wilmington-Atlantic City,
PA-NJ-MD-DE area to Serious Ozone Nonattainment
II. Statutory and Executive Order Reviews
I. Reclassification of the Philadelphia-Wilmington-Atlantic City, PA-
NJ-MD-DE Area to Serious Ozone Nonattainment
Effective August 3, 2018 (83 FR 25776), the EPA classified the
Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE area (the
Philadelphia Area \1\) under the CAA as ``Marginal'' for the 2015 8-
hour ozone NAAQS. Classification of this area as a Marginal ozone
nonattainment area established a requirement that the area attain the
2015 ozone NAAQS as expeditiously as practicable, but no later than
three years from designation, i.e., August 3, 2021. Effective November
7, 2022 (87 FR 60897), the EPA determined that the Philadelphia Area
failed to attain by the applicable Marginal attainment date. In that
action, the EPA reclassified the Philadelphia Area as Moderate
nonattainment for the 2015 ozone NAAQS and established the Moderate
attainment date as August 3, 2024. On July 17, 2024, the Commonwealth
of Pennsylvania requested that the EPA reclassify the Philadelphia Area
from Moderate to Serious. On July 18, 2024, the States of Delaware,
Maryland, and New Jersey requested that the EPA reclassify the
Philadelphia Area from
[[Page 61026]]
Moderate to Serious. The request letters from the States are also
provided in the docket of this rulemaking.
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\1\ The Philadelphia Area consists of the following counties/
cities: Bucks County, Chester County, Delaware County, Montgomery
County, and Philadelphia County in Pennsylvania; Atlantic County,
Burlington County, Camden County, Cape May County, Cumberland
County, Gloucester County, Mercer County, Ocean County, and Salem
County in New Jersey; Cecil County in Maryland; and New Castle
County in Delaware. See 40 Code of Federal Regulation (CFR) 81.339,
40 CFR 81.331, 40 CFR 81.321, and 40 CFR 81.308.
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We are approving these States' reclassification request under
section 181(b)(3) of the Act, which provides for ``voluntary
reclassification.'' Because the plain language of section 181(b)(3)
mandates that we approve such a request, the EPA is granting the
States' request for voluntary reclassification under section 181(b)(3)
for the Philadelphia Area for the 2015 ozone NAAQS, and the EPA is
reclassifying the area from Moderate to Serious. Because of this
action, the Philadelphia Area must now attain the 2015 ozone NAAQS as
expeditiously as practicable, but no later than nine years from the
date of the initial designation as nonattainment, i.e., August 3, 2027.
Applicable SIP requirements and deadlines associated with the
reclassification will be addressed in a separate notice.
The EPA has determined that this action falls under the ``good
cause'' exemption in section 553(b)(B) of the Administrative Procedure
Act (APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation where public notice and comment
procedures are ``impracticable, unnecessary or contrary to the public
interest.'' The EPA has determined that public notice and comment for
this action is unnecessary because our action to approve voluntary
reclassification requests under CAA section 181(b)(3) is
nondiscretionary both in its issuance and in its content. As such,
notice and comment rulemaking procedures would serve no useful purpose.
The EPA also finds that there is good cause under APA section
553(d)(3) for this reclassification to become effective on the date of
publication. Section 553(d)(3) of the APA allows an effective date of
less than 30 days after publication ``as otherwise provided by the
agency for good cause found and published with the rule.'' See 5 U.S.C.
553(d)(3). The purpose of the 30-day waiting period prescribed in APA
section 553(d)(3) is to give affected parties a reasonable time to
adjust their behavior and prepare before the final rule takes effect.
This rule, however, does not create any new regulatory requirements
such that affected parties would need time to prepare before the rule
takes effect. The schedule for required plan submittals for the
Philadelphia Area under the new classification will be proposed in a
separate action. For this reason, the EPA finds good cause under APA
section 553(d)(3) for this reclassification to become effective on the
date of publication.
II. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act 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 13563 (76 FR 3821, January 21, 2011);
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 an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
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, this action 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 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. This reclassification action relates
to ozone, a pollutant that is regional in nature, and is not the type
of action that could result in the types of local impacts addressed in
Executive Order 12898.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 30, 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 reclassifying the Philadelphia Area from Moderate
to Serious for the 2015 ozone NAAQS may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Adam Ortiz,
Regional Administrator, EPA Region III.
Lisa Garcia,
Regional Administrator, EPA Region II.
Part 81 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
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2. In Sec. 81.308, the table titled ``Delaware--2015 8-Hour Ozone
NAAQS'' is amended by revising the entry for ``Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE'' to read as follows:
[[Page 61027]]
Sec. 81.308 Delaware.
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\1\ Includes any Indian country in each county or area, unless
otherwise specified. EPA is not determining the boundaries of any
area of Indian country in this table, including any area of Indian
country located in the larger designation area. The inclusion of any
Indian country in the designation area is not a determination that
the State has regulatory authority under the Clean Air Act for such
Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.
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Delaware--2015 8-Hour Ozone NAAQS
[Primary and Secondary]
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Designation Classification
Designated area \1\ ------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
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Philadelphia-Wilmington-Atlantic ................... Nonattainment...... 7/30/2024 Serious.
City, PA-NJ-MD-DE.
New Castle County............
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0
3. In Sec. 81.321, the table entitled ``Maryland--2015 8-Hour Ozone
NAAQS'' is amended by revising the entry for ``Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE'' to read as follows:
Sec. 81.321 Maryland.
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\1\ Includes any Indian country in each county or area, unless
otherwise specified. EPA is not determining the boundaries of any
area of Indian country in this table, including any area of Indian
country located in the larger designation area. The inclusion of any
Indian country in the designation area is not a determination that
the State has regulatory authority under the Clean Air Act for such
Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.
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Maryland--2015 8-Hour Ozone NAAQS
[Primary and Secondary]
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Designation Classification
Designated area \1\ ------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
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* * * * * * *
Philadelphia-Wilmington-Atlantic ................... Nonattainment...... 7/30/2024 Serious.
City, PA-NJ-MD-DE.
Cecil County.................
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[[Page 61028]]
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0
4. In Sec. 81.331, the table entitled ``New Jersey--2015 8-Hour Ozone
NAAQS'' is amended by revising the entry for ``Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE'' to read as follows:
Sec. 81.331 New Jersey.
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\1\ Includes any Indian country in each county or area, unless
otherwise specified. EPA is not determining the boundaries of any
area of Indian country in this table, including any area of Indian
country located in the larger designation area. The inclusion of any
Indian country in the designation area is not a determination that
the State has regulatory authority under the Clean Air Act for such
Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.
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New Jersey--2015 8-Hour Ozone NAAQS
[Primary and Secondary]
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Designation Classification
Designated area \1\ ------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
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Philadelphia-Wilmington-Atlantic ................... Nonattainment...... 7/30/2024 Serious.
City, PA-NJ-MD-DE.
Atlantic County..............
Burlington County............
Camden County................
Cape May County..............
Cumberland County............
Gloucester County............
Mercer County................
Ocean County.................
Salem County.................
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0
5. In Sec. 81.339, the table entitled ``Pennsylvania--2015 8-Hour
Ozone NAAQS'' is amended by revising the entry for ``Philadelphia-
Wilmington-Atlantic City, PA-NJ-MD-DE'' to read as follows:
Sec. 81.339 Pennsylvania
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\1\ Includes any Indian country in each county or area, unless
otherwise specified. EPA is not determining the boundaries of any
area of Indian country in this table, including any area of Indian
country located in the larger designation area. The inclusion of any
Indian country in the designation area is not a determination that
the State has regulatory authority under the Clean Air Act for such
Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.
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Pennsylvania--2015 8-Hour Ozone NAAQS
[Primary and Secondary]
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Designation Classification
Designated area \1\ ------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
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Philadelphia-Wilmington-Atlantic ................... Nonattainment...... 7/30/2024 Serious.
City, PA-NJ-MD-DE.
Bucks County.................
Chester County...............
Delaware County..............
Montgomery County............
Philadelphia County..........
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[[Page 61029]]
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[FR Doc. 2024-16570 Filed 7-29-24; 8:45 am]
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