Air Plan Approval; Washington; Spokane Regional Clean Air Agency, General Air Quality Regulations, 89942-89946 [2024-26171]
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Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Proposed Rules
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INFORMATION CONTACT
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision-Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2024–1001 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. Also, if you click
on the Dockets tab and then the
proposed rule, you should see a
‘‘Subscribe’’ option for email alerts. The
option will notify you when comments
are posted, or a final rule is published.
We review all comments received, but
we will only post comments that
address the topic of the proposed rule.
We may choose not to post off-topic,
inappropriate, or duplicate comments
that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. In § 165.801, amend Table 7, by
adding item 8 to read as follows:
■
§ 165.801 Annual fireworks displays and
other events in the Eighth Coast Guard
District requiring safety zones.
*
*
*
*
*
TABLE 7 OF § 165.801—SECTOR MOBILE ANNUAL AND RECURRING MARINE EVENTS
Date
*
*
8. 3rd or 4th Saturday or Sunday
of September.
Sponsor/name
Sector mobile location
*
*
*
Swim Across the Bay .................... St. Louis Bay, Bay St. Louis, MS
Dated: November 5, 2024.
M.O. Vega,
Captain, U.S. Coast Guard, Captain of the
Port Sector Mobile.
ENVIRONMENTAL PROTECTION
AGENCY
[FR Doc. 2024–26508 Filed 11–13–24; 8:45 am]
[EPA–R10–OAR–2024–0433: FRL–12248–
01–R10]
BILLING CODE 9110–04–P
40 CFR Part 52
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Air Plan Approval; Washington;
Spokane Regional Clean Air Agency,
General Air Quality Regulations
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Washington State
Implementation Plan (SIP) that were
submitted by the Department of Ecology
SUMMARY:
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Safety zone
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*
*
St. Louis Bay, bounded by the following coordinates beginning at:
30°19.133′ N, 89°19.317′ W,
thence to
30°18.967′ N 89°17.417′ W,
thence to
30°18.367′ N, 89°19.650′ W,
thence to
30°18.300′ N, 89°17.567′ W, then
back to the point of origin.
(Ecology) in coordination with the
Spokane Regional Clean Air Agency
(SRCAA). In 2021, the EPA approved a
comprehensive update to the SRCAA
general air quality regulations in the
SIP, which include new source review
permitting requirements as well as other
general requirements for sources
regulated under SRCAA’s jurisdiction.
In this action, the EPA proposes to
approve additional updates to the
SRCAA general air quality regulations
promulgated since our comprehensive
approval in 2021.
Comments must be received on
or before December 16, 2024.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2024–0433 at https://
ADDRESSES:
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www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, 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.
FOR FURTHER INFORMATION CONTACT: Jeff
Hunt, EPA Region 10, 1200 Sixth
Avenue—Suite 155, Seattle, WA 98101,
at (206) 553–0256, or hunt.jeff@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
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I. Background for Proposed Action
A. Recodification of the Washington Clean
Air Act and Other Miscellaneous
Revisions
B. Revision to the Source Categories
Subject to Registration
C. Revision to Minor New Source Review
Permitting Applicability Thresholds
D. Use of Woodstoves During Emergency
Power Outages
II. The EPA’s Proposed Action
A. Proposed Revisions to the Incorporation
by Reference Section of the SIP
B. Approved But Not Incorporated by
Reference Regulations
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background for Proposed Action
On May 10, 2021, the EPA approved
a comprehensive update of the general
air quality regulations, codified in
SRCAA Regulation I, into the SIP (86 FR
24718). Under the Washington Clean
Air Act, local clean air agencies may
adopt equally stringent or more
stringent requirements to apply in lieu
of Ecology’s Statewide general air
quality regulations for sources regulated
under the local agency’s jurisdiction, if
they so choose.1 SRCAA’s jurisdiction
covers the geographic area of Spokane
1 See our February 24, 2021 proposed rulemaking
(86 FR 11204).
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County, with certain exceptions. By
statute, SRCAA does not have authority
for sources under the jurisdiction of the
Energy Facility Site Evaluation Council
(EFSEC). See Revised Code of
Washington Chapter 80.50. Under the
applicability provisions of Washington
Administrative Code (WAC) 173–405–
012, 173–410–012, and 173–415–012,
SRCAA does not have jurisdiction for
kraft pulp mills, sulfite pulping mills,
and primary aluminum plants. For these
sources, Ecology retains Statewide,
direct jurisdiction. Ecology and EFSEC
also retain Statewide, direct jurisdiction
for issuing permits under the Prevention
of Significant Deterioration (PSD)
program for major stationary sources in
attainment areas. Lastly, SRCAA does
not have jurisdiction on Indian
reservations and any other area where
the EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. The regulations approved
and incorporated by reference into the
SIP for SRCAA’s specific jurisdiction
can be found at 40 CFR 52.2470(c),
Table 9—Additional Regulations
Approved for the Spokane Regional
Clean Air Agency (SRCAA) Jurisdiction.
The version of Regulation I approved in
the SIP includes updates promulgated
by SRCAA effective as of September 1,
2020. SRCAA subsequently
promulgated an update to Regulation I
effective July 15, 2023 (Washington
State Register 23–12–060 included in
the docket for this action).
A. Recodification of the Washington
Clean Air Act and Other Miscellaneous
Revisions
Effective June 11, 2020, the State
legislature recodified the Washington
Clean Air Act from Revised Code of
Washington (RCW) 70.94 to RCW
70A.15. Local air agencies were
encouraged to update affected rules to
reflect new statutory references by July
1, 2025. This change affected SRCAA
sections 1.01, 1.04, 2.01, 2.03, 2.04,
2.05, 2.08, 2.11, 2.12, 4.04, 5.02, 5.04,
5.05, 5.07, 5.08, 5.10, 5.13, 6.04, 8.03,
8.07, 8.08, 8.09, and 8.10, which were
submitted for reapproval in the SIP. In
addition to the recodification, SRCAA
made other generally minor
typographical and formatting changes.
Comprehensive redline/strikeout
versions of each updated section of
Regulation I are included in the docket
for this action, as well as the EPA’s
analysis of the revisions proposed for
approval in this action. Therefore, the
relatively minor citation updates,
formatting changes, and typographical
revisions are not restated here.
The most substantive proposed
change, other than the changes
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described in sections I.B. and I.C. of this
preamble, relates to Regulation I, section
2.08 Falsification of Statements or
Documents, and Treatment of
Documents. Previously, as part of the
2021 comprehensive update, SRCAA
submitted only subsections (E) and (F)
because they had direct corollaries in
the WAC. In this update, SRCAA
submitted, and the EPA is proposing to
approve subsections (A) through (D)
which contain additional provisions
regarding the treatment of documents,
the prevention of falsifying documents,
and the prohibition against making false
or misleading statements to an
authorized representative of the SRCAA
Board of Directors.
B. Revision to the Source Categories
Subject to Registration
Effective March 9, 2023, as part of
Washington State Register 23–05–21
included in the docket for this action,
SRCAA removed marijuana producers
and processors from the list of source
categories subject to regulation under
SRCAA section 4.04. We note that in
our prior approval of SRCAA Regulation
I, the EPA did not include the marijuana
provisions in subsections (A)(3)(u),
(A)(3)(v), and (A)(5)(e)(9) formerly
contained in SRCAA section 4.04,
because provisions related to odor and
nuisance are outside the scope of the
SIP (86 FR 24718, May 10, 2021).
However, removal of these provisions
affected the codification of citations for
other provisions approved in the SIP.
Therefore, the EPA is proposing to
approve the updated version of section
4.04, including the minor typographical
and statutory citation revisions
discussed above in section I.A. of this
preamble, to reflect the recodification of
citations for the remaining SIP-approved
provisions in section 4.04. SRCAA also
made a minor revision to section 5.02
New Source Review Applicability and
When Required to reflect the removal of
marijuana producers and processors in
subsection (I)(1)(b). While this provision
is also outside the scope of the SIP,
removal of subsection (I)(1)(b) resulted
in recodification of the former
subsection (I)(1)(c), discussed below in
section I.C. of this preamble, to (I)(1)(b).
C. Revision to Minor New Source Review
Permitting Applicability Thresholds
As discussed in the proposed
rulemaking for our 2021 update of
Regulation I in the SIP, SRCAA uses a
registration-based, source category
approach in section 4.04 Stationary
Sources and Source Categories Subject
to Registration for determining minor
new source review (NSR) applicability
under Regulation I, Article V New
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Source Review for Stationary Sources
and Portable Sources (see 86 FR 11204,
February 24, 2021, at page 11206).
Under subsection 5.02(I), not all source
categories subject to registration require
NSR permits. In our 2021 update,
SRCAA did not submit, and the EPA did
not approve, subsection 5.02(I)
Stationary Sources Exempt from Article
V because the source categories at the
time related primarily to the regulation
of odor and air toxics which are not
criteria pollutants and which are
outside the scope of the SIP.
As part of SRCAA’s update to
Regulation I, SRCAA added a new
provision (c) under subsection 5.02(I)(1)
related to surface coating, which could
impact criteria pollutants or precursors
to criteria pollutants. Subsection
5.02(I)(1)(c) continues to require surface
coating operations with the potential to
emit (PTE) emissions above 100 pounds
per year to register as a source category
listed under section 4.04. However, for
sources that only use non-spray
application methods (e.g., roller coat,
brush coat, flow coat, or pre-packaged
aerosol can) a minor NSR permit is not
required unless PTE emissions are
above 1,000 pounds per year for any
single criteria pollutant or its precursors
under subsection 4.04(A)(5)(a) or a
combination of air contaminants under
subsections 4.04(A)(5)(c) and (d).2 As
discussed in the analysis of section 5.02
included in the docket for this action,
SRCAA explained that for a non-spray
operation there are few substantive
permit requirements that could be put
in place. For example, with roll or dip
coating there is no overspray and
therefore, no need for a filtered booth to
control particulate matter emissions. For
larger operations above the thresholds
in subsections 4.04(A)(5)(a), (c), and (d),
SRCAA explained that there could be
some technology or air quality
requirements that should be reviewed in
the context of a minor NSR permit.
Similarly, subsection 5.02(I)(1)(b), not
previously submitted as part of the SIP,
contains a minor NSR permitting
exemption for small motor vehicle or
motor vehicle component surface
coating operations with PTE below 100
pounds per year. To the extent that
2 Subsection 4.04(A)(5)(b) relates solely to
thresholds for toxic air pollutants regulated under
Chapter 173–460 Washington Administrative Code
which is not part of the SIP. See 88 FR 24718 (May
10, 2021).
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these small-scale operations may have
criteria pollutant impacts, SRCAA
explained that if there are overspray
emissions, or other impacts outside the
scope of the SIP such as odors or toxic
air pollutant emissions above the small
quantity emission rates listed in Chapter
173–460 WAC, the source will no longer
qualify for the exemption and must
obtain a minor NSR permit for a paint
booth.
We are proposing to determine that
the minor NSR applicability thresholds
in subsections 5.02(I)(1)(b) and (c) are
reasonable because emissions at these
low thresholds are highly unlikely to
impact continued attainment and
maintenance of the national ambient air
quality standards (NAAQS) for criteria
pollutants in the Spokane area.3
Therefore, we are proposing to approve
the revised subsection 5.02(I) into the
SIP as it relates to the regulation of
criteria pollutants under Clean Air Act
section 110. We note that SRCAA did
not submit, and the EPA is not
proposing to approve, subsection
5.02(I)(1)(a) because this provision
regulates nuisance and odor which are
outside the scope of the SIP. We are also
not proposing to approve the
application of any provision in
5.02(I)(1), or elsewhere in Regulation I,
to toxic air pollutants regulated under
Chapter 173–460 WAC, because
regulation of toxic air pollutants is also
outside the scope of the SIP.
2785 included in the docket for this
action. This bill modified the
Washington Clean Air Act, among other
changes, to clarify that ‘‘Nothing in this
section restricts a person from burning
wood in a solid fuel burning device,
regardless of whether a burn ban has
been called, if there is an emergency
power outage.’’ SRCAA modified
Regulation I, section 8.08 Exemptions,
which the EPA previously approved in
the SIP, to reflect this statutory change
in subsection 8.08(A)(4) and requested
removal of subsection 8.08(A)(4) from
the SIP. We are proposing to remove
subsection 8.08(A)(4) from the SIP
because removal of this exemption from
otherwise-applicable SIP requirements
will strengthen the SIP. Therefore, we
believe this change meets the
requirements of CAA section 110(l).
SRCAA also added a definition for
‘‘Emergency Power Outage’’ in
subsection 8.03(A)(6), which SRCAA
did not submit as part of the SIP.
The remainder of the changes to
Article VIII are syntax, formatting, and
citation updates. These changes, along
with the EPA’s analyses of the Article
VIII sections submitted for approval, are
included in the docket for this action
and are not restated here. With the
exceptions noted above, we are
proposing to approve the revisions to
Article VIII consistent with the same
exclusions as our 2015 approval.
D. Use of Woodstoves During Emergency
Power Outages
On September 28, 2015, the EPA
approved Regulation I, Article VIII Solid
Fuel Burning Device Standards (80 FR
58216). There were no changes to
Article VIII as part of our 2021 update
to the SIP because these provisions
remained unchanged since last adopted
in 2014. However, in the rule update,
focused primarily on the recodification
of the Washington Clean Air Act,
SRCAA also incorporated another recent
revision to the Washington Clean Air
Act. Effective June 9, 2016, the
Washington State Legislature voted
unanimously to approve House Bill
II. The EPA’s Proposed Action
3 The EPA designated the Spokane area as
nonattainment for the 1971 carbon monoxide
NAAQS and the 1987 particulate matter (PM10)
NAAQS. The EPA redesignated the Spokane area to
‘‘attainment’’ for both pollutants in August 2005
and has designated the Spokane area as
‘‘unclassifiable/attainment’’ for all subsequent
NAAQS revisions.
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A. Proposed Revisions to the
Incorporation by Reference Section of
the SIP
The EPA is proposing to approve and
incorporate by reference into the
Washington SIP at 40 CFR 52.2470(c)—
Table 9—Additional Regulations
Approved for the Spokane Regional
Clean Air Agency (SRCAA) Jurisdiction,
the updated SRCAA regulations listed
in the following table for sources within
SRCAA’s jurisdiction. Approval of the
revised version of SRCAA Regulation I
section 8.08 would have the effect of
removing subsection 8.08(A)(4), as
described in section I.C. of this
preamble. Unless otherwise noted in
section I of this preamble, the EPA is
approving revisions to the regulations in
the following table consistent with the
same conditions and exceptions as our
prior 2015 and 2021 approvals.
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UPDATED SPOKANE REGIONAL CLEAN AIR AGENCY REGULATIONS
State/local
citation
State/local
effective
date
Title/subject
Explanation
Spokane Regional Clean Air Agency Regulation I
1.01 ..................
1.04 ..................
Policy ................................................................
General Definitions ...........................................
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2.08 ..................
Falsification of Statements or Documents, and
Treatment of Documents.
Federal and State Regulation Reference Date
Stationary Sources and Source Categories
Subject to Registration.
New Source Review—Applicability and when
Required.
7/15/23
2.13 ..................
4.04 ..................
5.02 ..................
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5.04 ..................
Information Required ........................................
7/15/23
5.05 ..................
Public Involvement ............................................
7/15/23
5.07 ..................
Processing NOC Applications for Stationary
Sources.
7/15/23
5.08 ..................
Portable Sources ..............................................
7/15/23
5.10 ..................
Changes to an Order of Approval or Permission to Operate.
Order of Approval Construction Time Limits ....
7/15/23
6.04 ..................
Emission of Air Contaminant: Detriment to
Person or Property.
7/15/23
8.01
8.02
8.03
8.04
..................
..................
..................
..................
Purpose .............................................................
Applicability .......................................................
Definitions .........................................................
Emission Performance Standards ....................
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8.05
8.06
8.07
8.08
8.09
..................
..................
..................
..................
..................
Opacity Standards ............................................
Prohibited Fuel Types .......................................
Curtailment ........................................................
Exemptions .......................................................
Procedure to Geographically Limit Solid Fuel
Burning Devices.
Restrictions on Installation of Solid Fuel Burning Devices.
7/15/23
7/15/23
7/15/23
7/15/23
7/15/23
5.13 ..................
8.10 ..................
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B. Approved But Not Incorporated by
Reference Regulations
In addition to the regulations
proposed for approval and
incorporation by reference in section
II.A. of this preamble, the EPA reviews
and approves State and local clean air
agency submissions to ensure they
provide adequate enforcement authority
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Subsections (A) and (B) replace WAC 173–400–010.
Except subsections (17), (41), (52), (60), (74), (101), (112),
(119), and (122). Section 1.04 replaces WAC 173–400–030
except the following WAC 173–400–030 definitions adopted
by reference in subsection 2.14(A)(1): Adverse Impact on
Visibility; Capacity Factor; Class I Area; Dispersion Technique; Emission Threshold; Excess Stack Height; Existing
Stationary Facility; Federal Class I Area; Federal Land Manager; Fossil Fuel-fired Steam Generator; General Process
Unit; Greenhouse Gases; Industrial Furnace; Mandatory
Class I Federal Area; Natural Conditions; Projected Width;
Reasonably Attributable; Sulfuric Acid Plant; and Wood
Waste.
Subsection (E) replaces WAC 173–400–105(6). Subsection
(F) replaces WAC 173–400–105(8).
Subsection (A) replaces WAC 173–400–025.
Except subsection (A)(5)(b) or any other provision as it relates
to the regulation of toxic air pollutants or odors.
Except subsections (C)(5), (I)(1)(a), or any other provision as
it relates to the regulation of toxic air pollutants or odors.
Section 5.02 replaces WAC 173–400–110. Subsection (F)
replaces WAC 173–400–111(2).
Except subsection (A)(8). Collectively, sections 5.04, 5.06,
5.07, 5.10, 5.13, and 5.14 replace the permitting procedures
in WAC 173–400–111.
Except subsection (C)(15). Section 5.05 replaces WAC 173–
400–171.
Except subsections (A)(1)(g) and (B). Collectively, sections
5.04, 5.06, 5.07, 5.10, 5.13, and 5.14 replace the permitting
procedures in WAC 173–400–111, and subsection
5.07(A)(7) replaces WAC 173–400–110(2)(a).
Except subsection (A)(6). Section 5.08 replaces WAC 173–
400–036.
Collectively, sections 5.04, 5.06, 5.07, 5.10, 5.13, and 5.14 replace the permitting procedures in WAC 173–400–111.
Collectively, sections 5.04, 5.06, 5.07, 5.10, 5.13, and 5.14 replace the permitting procedures in WAC 173–400–111.
Subsections (A), (B), (C), and (H) only and excepting provisions in RCW 70A.15.4530 (incorporated by reference) that
relate to odor. Subsection (C) replaces WAC 173–400–
040(6).
Except subsection (A)(6).
Except the incorporation by reference of WAC 173–433–130,
173–433–170, and 173–433–200.
Except subsection (A)(4).
7/15/23
and other general authority to
implement and enforce the SIP.
However, regulations describing such
agency enforcement and other general
authority are generally not incorporated
by reference so as to avoid potential
conflict with the EPA’s independent
authorities. Therefore, we are proposing
to approve but not incorporate by
reference revisions, effective July 15,
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2023, to SRCAA sections 2.01, 2.03,
2.04, 2.05, 2.11, 2.12, and 8.11 in 40
CFR 52.2470(e), EPA Approved
Nonregulatory Provisions and QuasiRegulatory Measures.
III. Incorporation by Reference
In this document, the EPA is
proposing to include in a final rule
regulatory text that includes
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incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is proposing to
incorporate by reference the updated
regulations shown in the table in section
II.A. and discussed in section I of this
document. The EPA has made, and will
continue to make, these documents
generally available through https://
www.regulations.gov and at the EPA
Region 10 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
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IV. 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, the EPA’s
role is to approve State choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, this
proposed 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 proposed
action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
VerDate Sep<11>2014
16:21 Nov 13, 2024
Jkt 265001
• 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 communities with
environmental justice (EJ) concerns to
the greatest extent practicable and
permitted by law. The EPA defines EJ as
‘‘the fair treatment and meaningful
involvement of all people regardless of
race, color, national origin, or income
with respect to the development,
implementation, and enforcement of
environmental laws, regulations, and
policies.’’ The EPA further defines the
term fair treatment to mean that ‘‘no
group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
PO 00000
Frm 00009
Fmt 4702
Sfmt 9990
commercial operations or programs and
policies.’’
The air agency did not evaluate
environmental justice considerations as
part of its SIP submittal; the Clean Air
Act and applicable implementing
regulations neither prohibit nor require
such an evaluation. The EPA did not
perform an EJ analysis and did not
consider EJ in this action. Due to the
nature of this action, it is expected to
have a neutral to positive impact on the
air quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of Executive Order
12898 of achieving environmental
justice for communities with EJ
concerns.
In addition, this proposed action
would not apply on any Indian
reservation land or in any other area
where the EPA or an Indian Tribe has
demonstrated that a Tribe has
jurisdiction. In those areas of Indian
country, the rule does not have Tribal
implications 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: November 1, 2024.
Casey Sixkiller,
Regional Administrator, Region 10.
[FR Doc. 2024–26171 Filed 11–13–24; 8:45 am]
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[Federal Register Volume 89, Number 220 (Thursday, November 14, 2024)]
[Proposed Rules]
[Pages 89942-89946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26171]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2024-0433: FRL-12248-01-R10]
Air Plan Approval; Washington; Spokane Regional Clean Air Agency,
General Air Quality Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Washington State Implementation Plan (SIP)
that were submitted by the Department of Ecology (Ecology) in
coordination with the Spokane Regional Clean Air Agency (SRCAA). In
2021, the EPA approved a comprehensive update to the SRCAA general air
quality regulations in the SIP, which include new source review
permitting requirements as well as other general requirements for
sources regulated under SRCAA's jurisdiction. In this action, the EPA
proposes to approve additional updates to the SRCAA general air quality
regulations promulgated since our comprehensive approval in 2021.
DATES: Comments must be received on or before December 16, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2024-0433 at https://
[[Page 89943]]
www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, 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.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth
Avenue--Suite 155, Seattle, WA 98101, at (206) 553-0256, or
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background for Proposed Action
A. Recodification of the Washington Clean Air Act and Other
Miscellaneous Revisions
B. Revision to the Source Categories Subject to Registration
C. Revision to Minor New Source Review Permitting Applicability
Thresholds
D. Use of Woodstoves During Emergency Power Outages
II. The EPA's Proposed Action
A. Proposed Revisions to the Incorporation by Reference Section
of the SIP
B. Approved But Not Incorporated by Reference Regulations
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background for Proposed Action
On May 10, 2021, the EPA approved a comprehensive update of the
general air quality regulations, codified in SRCAA Regulation I, into
the SIP (86 FR 24718). Under the Washington Clean Air Act, local clean
air agencies may adopt equally stringent or more stringent requirements
to apply in lieu of Ecology's Statewide general air quality regulations
for sources regulated under the local agency's jurisdiction, if they so
choose.\1\ SRCAA's jurisdiction covers the geographic area of Spokane
County, with certain exceptions. By statute, SRCAA does not have
authority for sources under the jurisdiction of the Energy Facility
Site Evaluation Council (EFSEC). See Revised Code of Washington Chapter
80.50. Under the applicability provisions of Washington Administrative
Code (WAC) 173-405-012, 173-410-012, and 173-415-012, SRCAA does not
have jurisdiction for kraft pulp mills, sulfite pulping mills, and
primary aluminum plants. For these sources, Ecology retains Statewide,
direct jurisdiction. Ecology and EFSEC also retain Statewide, direct
jurisdiction for issuing permits under the Prevention of Significant
Deterioration (PSD) program for major stationary sources in attainment
areas. Lastly, SRCAA does not have jurisdiction on Indian reservations
and any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. The regulations approved and
incorporated by reference into the SIP for SRCAA's specific
jurisdiction can be found at 40 CFR 52.2470(c), Table 9--Additional
Regulations Approved for the Spokane Regional Clean Air Agency (SRCAA)
Jurisdiction. The version of Regulation I approved in the SIP includes
updates promulgated by SRCAA effective as of September 1, 2020. SRCAA
subsequently promulgated an update to Regulation I effective July 15,
2023 (Washington State Register 23-12-060 included in the docket for
this action).
---------------------------------------------------------------------------
\1\ See our February 24, 2021 proposed rulemaking (86 FR 11204).
---------------------------------------------------------------------------
A. Recodification of the Washington Clean Air Act and Other
Miscellaneous Revisions
Effective June 11, 2020, the State legislature recodified the
Washington Clean Air Act from Revised Code of Washington (RCW) 70.94 to
RCW 70A.15. Local air agencies were encouraged to update affected rules
to reflect new statutory references by July 1, 2025. This change
affected SRCAA sections 1.01, 1.04, 2.01, 2.03, 2.04, 2.05, 2.08, 2.11,
2.12, 4.04, 5.02, 5.04, 5.05, 5.07, 5.08, 5.10, 5.13, 6.04, 8.03, 8.07,
8.08, 8.09, and 8.10, which were submitted for reapproval in the SIP.
In addition to the recodification, SRCAA made other generally minor
typographical and formatting changes. Comprehensive redline/strikeout
versions of each updated section of Regulation I are included in the
docket for this action, as well as the EPA's analysis of the revisions
proposed for approval in this action. Therefore, the relatively minor
citation updates, formatting changes, and typographical revisions are
not restated here.
The most substantive proposed change, other than the changes
described in sections I.B. and I.C. of this preamble, relates to
Regulation I, section 2.08 Falsification of Statements or Documents,
and Treatment of Documents. Previously, as part of the 2021
comprehensive update, SRCAA submitted only subsections (E) and (F)
because they had direct corollaries in the WAC. In this update, SRCAA
submitted, and the EPA is proposing to approve subsections (A) through
(D) which contain additional provisions regarding the treatment of
documents, the prevention of falsifying documents, and the prohibition
against making false or misleading statements to an authorized
representative of the SRCAA Board of Directors.
B. Revision to the Source Categories Subject to Registration
Effective March 9, 2023, as part of Washington State Register 23-
05-21 included in the docket for this action, SRCAA removed marijuana
producers and processors from the list of source categories subject to
regulation under SRCAA section 4.04. We note that in our prior approval
of SRCAA Regulation I, the EPA did not include the marijuana provisions
in subsections (A)(3)(u), (A)(3)(v), and (A)(5)(e)(9) formerly
contained in SRCAA section 4.04, because provisions related to odor and
nuisance are outside the scope of the SIP (86 FR 24718, May 10, 2021).
However, removal of these provisions affected the codification of
citations for other provisions approved in the SIP. Therefore, the EPA
is proposing to approve the updated version of section 4.04, including
the minor typographical and statutory citation revisions discussed
above in section I.A. of this preamble, to reflect the recodification
of citations for the remaining SIP-approved provisions in section 4.04.
SRCAA also made a minor revision to section 5.02 New Source Review
Applicability and When Required to reflect the removal of marijuana
producers and processors in subsection (I)(1)(b). While this provision
is also outside the scope of the SIP, removal of subsection (I)(1)(b)
resulted in recodification of the former subsection (I)(1)(c),
discussed below in section I.C. of this preamble, to (I)(1)(b).
C. Revision to Minor New Source Review Permitting Applicability
Thresholds
As discussed in the proposed rulemaking for our 2021 update of
Regulation I in the SIP, SRCAA uses a registration-based, source
category approach in section 4.04 Stationary Sources and Source
Categories Subject to Registration for determining minor new source
review (NSR) applicability under Regulation I, Article V New
[[Page 89944]]
Source Review for Stationary Sources and Portable Sources (see 86 FR
11204, February 24, 2021, at page 11206). Under subsection 5.02(I), not
all source categories subject to registration require NSR permits. In
our 2021 update, SRCAA did not submit, and the EPA did not approve,
subsection 5.02(I) Stationary Sources Exempt from Article V because the
source categories at the time related primarily to the regulation of
odor and air toxics which are not criteria pollutants and which are
outside the scope of the SIP.
As part of SRCAA's update to Regulation I, SRCAA added a new
provision (c) under subsection 5.02(I)(1) related to surface coating,
which could impact criteria pollutants or precursors to criteria
pollutants. Subsection 5.02(I)(1)(c) continues to require surface
coating operations with the potential to emit (PTE) emissions above 100
pounds per year to register as a source category listed under section
4.04. However, for sources that only use non-spray application methods
(e.g., roller coat, brush coat, flow coat, or pre-packaged aerosol can)
a minor NSR permit is not required unless PTE emissions are above 1,000
pounds per year for any single criteria pollutant or its precursors
under subsection 4.04(A)(5)(a) or a combination of air contaminants
under subsections 4.04(A)(5)(c) and (d).\2\ As discussed in the
analysis of section 5.02 included in the docket for this action, SRCAA
explained that for a non-spray operation there are few substantive
permit requirements that could be put in place. For example, with roll
or dip coating there is no overspray and therefore, no need for a
filtered booth to control particulate matter emissions. For larger
operations above the thresholds in subsections 4.04(A)(5)(a), (c), and
(d), SRCAA explained that there could be some technology or air quality
requirements that should be reviewed in the context of a minor NSR
permit. Similarly, subsection 5.02(I)(1)(b), not previously submitted
as part of the SIP, contains a minor NSR permitting exemption for small
motor vehicle or motor vehicle component surface coating operations
with PTE below 100 pounds per year. To the extent that these small-
scale operations may have criteria pollutant impacts, SRCAA explained
that if there are overspray emissions, or other impacts outside the
scope of the SIP such as odors or toxic air pollutant emissions above
the small quantity emission rates listed in Chapter 173-460 WAC, the
source will no longer qualify for the exemption and must obtain a minor
NSR permit for a paint booth.
---------------------------------------------------------------------------
\2\ Subsection 4.04(A)(5)(b) relates solely to thresholds for
toxic air pollutants regulated under Chapter 173-460 Washington
Administrative Code which is not part of the SIP. See 88 FR 24718
(May 10, 2021).
---------------------------------------------------------------------------
We are proposing to determine that the minor NSR applicability
thresholds in subsections 5.02(I)(1)(b) and (c) are reasonable because
emissions at these low thresholds are highly unlikely to impact
continued attainment and maintenance of the national ambient air
quality standards (NAAQS) for criteria pollutants in the Spokane
area.\3\ Therefore, we are proposing to approve the revised subsection
5.02(I) into the SIP as it relates to the regulation of criteria
pollutants under Clean Air Act section 110. We note that SRCAA did not
submit, and the EPA is not proposing to approve, subsection
5.02(I)(1)(a) because this provision regulates nuisance and odor which
are outside the scope of the SIP. We are also not proposing to approve
the application of any provision in 5.02(I)(1), or elsewhere in
Regulation I, to toxic air pollutants regulated under Chapter 173-460
WAC, because regulation of toxic air pollutants is also outside the
scope of the SIP.
---------------------------------------------------------------------------
\3\ The EPA designated the Spokane area as nonattainment for the
1971 carbon monoxide NAAQS and the 1987 particulate matter
(PM10) NAAQS. The EPA redesignated the Spokane area to
``attainment'' for both pollutants in August 2005 and has designated
the Spokane area as ``unclassifiable/attainment'' for all subsequent
NAAQS revisions.
---------------------------------------------------------------------------
D. Use of Woodstoves During Emergency Power Outages
On September 28, 2015, the EPA approved Regulation I, Article VIII
Solid Fuel Burning Device Standards (80 FR 58216). There were no
changes to Article VIII as part of our 2021 update to the SIP because
these provisions remained unchanged since last adopted in 2014.
However, in the rule update, focused primarily on the recodification of
the Washington Clean Air Act, SRCAA also incorporated another recent
revision to the Washington Clean Air Act. Effective June 9, 2016, the
Washington State Legislature voted unanimously to approve House Bill
2785 included in the docket for this action. This bill modified the
Washington Clean Air Act, among other changes, to clarify that
``Nothing in this section restricts a person from burning wood in a
solid fuel burning device, regardless of whether a burn ban has been
called, if there is an emergency power outage.'' SRCAA modified
Regulation I, section 8.08 Exemptions, which the EPA previously
approved in the SIP, to reflect this statutory change in subsection
8.08(A)(4) and requested removal of subsection 8.08(A)(4) from the SIP.
We are proposing to remove subsection 8.08(A)(4) from the SIP because
removal of this exemption from otherwise-applicable SIP requirements
will strengthen the SIP. Therefore, we believe this change meets the
requirements of CAA section 110(l). SRCAA also added a definition for
``Emergency Power Outage'' in subsection 8.03(A)(6), which SRCAA did
not submit as part of the SIP.
The remainder of the changes to Article VIII are syntax,
formatting, and citation updates. These changes, along with the EPA's
analyses of the Article VIII sections submitted for approval, are
included in the docket for this action and are not restated here. With
the exceptions noted above, we are proposing to approve the revisions
to Article VIII consistent with the same exclusions as our 2015
approval.
II. The EPA's Proposed Action
A. Proposed Revisions to the Incorporation by Reference Section of the
SIP
The EPA is proposing to approve and incorporate by reference into
the Washington SIP at 40 CFR 52.2470(c)--Table 9--Additional
Regulations Approved for the Spokane Regional Clean Air Agency (SRCAA)
Jurisdiction, the updated SRCAA regulations listed in the following
table for sources within SRCAA's jurisdiction. Approval of the revised
version of SRCAA Regulation I section 8.08 would have the effect of
removing subsection 8.08(A)(4), as described in section I.C. of this
preamble. Unless otherwise noted in section I of this preamble, the EPA
is approving revisions to the regulations in the following table
consistent with the same conditions and exceptions as our prior 2015
and 2021 approvals.
[[Page 89945]]
Updated Spokane Regional Clean Air Agency Regulations
----------------------------------------------------------------------------------------------------------------
State/local
State/local citation Title/subject effective Explanation
date
----------------------------------------------------------------------------------------------------------------
Spokane Regional Clean Air Agency Regulation I
----------------------------------------------------------------------------------------------------------------
1.01................................... Policy.................... 7/15/23 Subsections (A) and (B)
replace WAC 173-400-010.
1.04................................... General Definitions....... 7/15/23 Except subsections (17), (41),
(52), (60), (74), (101),
(112), (119), and (122).
Section 1.04 replaces WAC 173-
400-030 except the following
WAC 173-400-030 definitions
adopted by reference in
subsection 2.14(A)(1):
Adverse Impact on Visibility;
Capacity Factor; Class I
Area; Dispersion Technique;
Emission Threshold; Excess
Stack Height; Existing
Stationary Facility; Federal
Class I Area; Federal Land
Manager; Fossil Fuel-fired
Steam Generator; General
Process Unit; Greenhouse
Gases; Industrial Furnace;
Mandatory Class I Federal
Area; Natural Conditions;
Projected Width; Reasonably
Attributable; Sulfuric Acid
Plant; and Wood Waste.
2.08................................... Falsification of 7/15/23 Subsection (E) replaces WAC
Statements or Documents, 173-400-105(6). Subsection
and Treatment of (F) replaces WAC 173-400-
Documents. 105(8).
2.13................................... Federal and State 7/15/23 Subsection (A) replaces WAC
Regulation Reference Date. 173-400-025.
4.04................................... Stationary Sources and 7/15/23 Except subsection (A)(5)(b) or
Source Categories Subject any other provision as it
to Registration. relates to the regulation of
toxic air pollutants or
odors.
5.02................................... New Source Review-- 7/15/23 Except subsections (C)(5),
Applicability and when (I)(1)(a), or any other
Required. provision as it relates to
the regulation of toxic air
pollutants or odors. Section
5.02 replaces WAC 173-400-
110. Subsection (F) replaces
WAC 173-400-111(2).
5.04................................... Information Required...... 7/15/23 Except subsection (A)(8).
Collectively, sections 5.04,
5.06, 5.07, 5.10, 5.13, and
5.14 replace the permitting
procedures in WAC 173-400-
111.
5.05................................... Public Involvement........ 7/15/23 Except subsection (C)(15).
Section 5.05 replaces WAC 173-
400-171.
5.07................................... Processing NOC 7/15/23 Except subsections (A)(1)(g)
Applications for and (B). Collectively,
Stationary Sources. sections 5.04, 5.06, 5.07,
5.10, 5.13, and 5.14 replace
the permitting procedures in
WAC 173-400-111, and
subsection 5.07(A)(7)
replaces WAC 173-400-
110(2)(a).
5.08................................... Portable Sources.......... 7/15/23 Except subsection (A)(6).
Section 5.08 replaces WAC 173-
400-036.
5.10................................... Changes to an Order of 7/15/23 Collectively, sections 5.04,
Approval or Permission to 5.06, 5.07, 5.10, 5.13, and
Operate. 5.14 replace the permitting
procedures in WAC 173-400-
111.
5.13................................... Order of Approval 7/15/23 Collectively, sections 5.04,
Construction Time Limits. 5.06, 5.07, 5.10, 5.13, and
5.14 replace the permitting
procedures in WAC 173-400-
111.
6.04................................... Emission of Air 7/15/23 Subsections (A), (B), (C), and
Contaminant: Detriment to (H) only and excepting
Person or Property. provisions in RCW 70A.15.4530
(incorporated by reference)
that relate to odor.
Subsection (C) replaces WAC
173-400-040(6).
8.01................................... Purpose................... 7/15/23
8.02................................... Applicability............. 7/15/23
8.03................................... Definitions............... 7/15/23 Except subsection (A)(6).
8.04................................... Emission Performance 7/15/23 Except the incorporation by
Standards. reference of WAC 173-433-130,
173-433-170, and 173-433-200.
8.05................................... Opacity Standards......... 7/15/23
8.06................................... Prohibited Fuel Types..... 7/15/23
8.07................................... Curtailment............... 7/15/23
8.08................................... Exemptions................ 7/15/23 Except subsection (A)(4).
8.09................................... Procedure to 7/15/23
Geographically Limit
Solid Fuel Burning
Devices.
8.10................................... Restrictions on 7/15/23
Installation of Solid
Fuel Burning Devices.
----------------------------------------------------------------------------------------------------------------
B. Approved But Not Incorporated by Reference Regulations
In addition to the regulations proposed for approval and
incorporation by reference in section II.A. of this preamble, the EPA
reviews and approves State and local clean air agency submissions to
ensure they provide adequate enforcement authority and other general
authority to implement and enforce the SIP. However, regulations
describing such agency enforcement and other general authority are
generally not incorporated by reference so as to avoid potential
conflict with the EPA's independent authorities. Therefore, we are
proposing to approve but not incorporate by reference revisions,
effective July 15, 2023, to SRCAA sections 2.01, 2.03, 2.04, 2.05,
2.11, 2.12, and 8.11 in 40 CFR 52.2470(e), EPA Approved Nonregulatory
Provisions and Quasi-Regulatory Measures.
III. Incorporation by Reference
In this document, the EPA is proposing to include in a final rule
regulatory text that includes
[[Page 89946]]
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is proposing to incorporate by reference the updated
regulations shown in the table in section II.A. and discussed in
section I of this document. The EPA has made, and will continue to
make, these documents generally available through https://www.regulations.gov and at the EPA Region 10 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
IV. Statutory and Executive Order Reviews
Under the 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, the EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed 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 proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it 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 communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
The EPA defines EJ as ``the fair treatment and meaningful involvement
of all people regardless of race, color, national origin, or income
with respect to the development, implementation, and enforcement of
environmental laws, regulations, and policies.'' The EPA further
defines the term fair treatment to mean that ``no group of people
should bear a disproportionate burden of environmental harms and risks,
including those resulting from the negative environmental consequences
of industrial, governmental, and commercial operations or programs and
policies.''
The air agency did not evaluate environmental justice
considerations as part of its SIP submittal; the Clean Air Act and
applicable implementing regulations neither prohibit nor require such
an evaluation. The EPA did not perform an EJ analysis and did not
consider EJ in this action. Due to the nature of this action, it is
expected to have a neutral to positive impact on the air quality of the
affected area. Consideration of EJ is not required as part of this
action, and there is no information in the record inconsistent with the
stated goal of Executive Order 12898 of achieving environmental justice
for communities with EJ concerns.
In addition, this proposed action would not apply on any Indian
reservation land or in any other area where the EPA or an Indian Tribe
has demonstrated that a Tribe has jurisdiction. In those areas of
Indian country, the rule does not have Tribal implications 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: November 1, 2024.
Casey Sixkiller,
Regional Administrator, Region 10.
[FR Doc. 2024-26171 Filed 11-13-24; 8:45 am]
BILLING CODE 6560-50-P
