Finding of Failure To Attain by the Attainment Date for the 2010 1-Hour Primary Sulfur Dioxide National Ambient Air Quality Standard; Louisiana; Evangeline Parish Nonattainment Area, 101475-101477 [2024-29438]
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Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Rules and Regulations
Dated: December 9, 2024.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the
Port Eastern Great Lakes.
[FR Doc. 2024–29510 Filed 12–13–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2024–1072]
Safety Zone; Military Ocean Terminal
Concord Safety Zone, Suisun Bay,
Concord, CA
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a safety zone in the navigable waters of
the Suisun Bay, off Concord, CA, in
support of explosive handling
operations at Military Ocean Terminal
Concord (MOTCO) on December 12,
2024, through December 19, 2024. This
safety zone is necessary to protect
personnel, vessels, and the marine
environment from potential explosions
within the explosive arc. The safety
zone is open to all persons and vessels
for transitory use, but vessel operators
desiring to anchor within the safety
zone must obtain the permission of the
Captain of the Port (COTP) San
Francisco or a designated
representative.
DATES: The regulations in 33 CFR
165.1198 will be enforced without
actual notice from 12:01 a.m. on
December 13, 2024, until 11:59 p.m. on
December 19, 2024. For purposes of
enforcement, we will use actual notice
to enforce the regulations in 33 CFR
165.1198 on December 12, 2024.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email Lieutenant William Harris, U.S.
Coast Guard Sector San Francisco,
Waterways Management Division, at
(415) 399–7443, SFWaterways@
uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone in 33
CFR 165.1198 for the Military Ocean
Terminal Concord, CA (MOTCO)
regulated area from 12:01 a.m. on
December 12, 2024, until 11:59 p.m. on
December 19, 2024. This safety zone is
necessary to protect personnel, vessels,
and the marine environment from
potential explosion within the explosive
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SUMMARY:
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arc. The regulation for this safety zone,
§ 165.1198, specifies the locations of the
safety zone which encompasses the
navigable waters in the area between
500 yards of MOTCO Pier 2 in position
38°03′30″ N, 122°01′14″ W and 3,000
yards of the pier. During the
enforcement period, as reflected in
§ 165.1198(d), if you are the operator of
a vessel in the regulated area you must
comply with the instructions of the
COTP or the designated on-scene patrol
personnel. Vessel operators desiring to
anchor or otherwise loiter within the
safety zone must contact Sector San
Francisco Vessel Traffic Service at (415)
399–7410, or VHF Channel 14 to obtain
permission.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via Broadcast Notice to Mariners.
Dated: December 10, 2024.
Jordan M. Baldueza,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2024–29520 Filed 12–13–24; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2024–0380; FRL–12206–
02–R6]
Finding of Failure To Attain by the
Attainment Date for the 2010 1-Hour
Primary Sulfur Dioxide National
Ambient Air Quality Standard;
Louisiana; Evangeline Parish
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is making a determination
that the Evangeline Parish, Louisiana,
sulfur dioxide (SO2) nonattainment area
(NAA) failed to attain the 2010 1-hour
primary SO2 national ambient air
quality standard (2010 SO2 NAAQS)
under the Clean Air Act (CAA or the
Act) by the applicable statutory
attainment date of April 9, 2023. This
determination is based upon
consideration and review of all relevant
and available information for the NAA,
including reported emissions records
and available modeling data for the
area’s primary SO2 source, Cabot
Corporation’s Ville Platte Plant (Cabot).
DATES: This rule is effective on January
15, 2025.
SUMMARY:
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101475
EPA established a docket
for this action under Docket ID No.
EPA–R06–OAR–2024–0380. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Ronald Thomas, SO2 and Regional Haze
Section (R6–ARSH), Air & Radiation
Division, U.S. Environmental Protection
Agency, Region 6, 1201 Elm Street,
Suite 500, Dallas, Texas 75270. His
direct telephone number is (214) 665–
7478. Mr. Thomas can also be reached
via electronic mail at Thomas.Ronald@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
ADDRESSES:
I. Background
The background for this action is
discussed in detail in our September 4,
2024, proposal (89 FR 71872). In that
document, we proposed to determine
that the Evangeline Parish SO2
nonattainment area failed to attain the
2010 SO2 NAAQS by the applicable
statutory attainment date of April 9,
2023. In summary, our proposed
determination was based upon
evaluation of SO2 emissions data and
prior modeling for the NAA.
Specifically, this proposed
determination was supported by data
showing that emissions have increased
when comparing the 2020–2022 period
to the modeled emissions at
designation. Based on this increase in
emissions, there is nothing to suggest
that the area is no longer in violation of
the NAAQS as demonstrated by the
2017 modeling analysis for the initial
designation of the area.
The public comment period for our
proposed determination expired on
October 4, 2024. The EPA received no
comments on our September 4, 2024,
proposal. Therefore, we are finalizing
our action as proposed.
II. Final Action
The EPA is finalizing the September
4, 2024, proposed finding, and per CAA
section 179(c)(1)–(2), the EPA
determines that the Evangeline Parish
SO2 NAA has not attained the 2010 onehour SO2 NAAQS of 75 ppb by the
applicable statutory attainment date of
April 9, 2023.
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101476
Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Rules and Regulations
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Publication of this final rule has the
following consequences for the State of
Louisiana: (1) under CAA section
179(d), the State has up to 12 months
from the publication of this notice to
submit a revised SIP for the area
demonstrating attainment and
containing any additional measures that
the EPA may reasonably prescribe that
can be feasibly implemented in the area
in light of technological achievability,
costs, and any non-air quality and other
air quality-related health and
environmental impacts as required; (2)
according to CAA section 179(d)(3),
such a revised SIP is to achieve
attainment of the 2010 SO2 NAAQS as
expeditiously as practicable, but no later
than 5 years from the date of notice of
the area’s failure to attain (i.e., 5 years
after the EPA publishes a final action in
the Federal Register determining that
the area failed to attain the 2010 SO2
NAAQS); and (3) in addition to
triggering requirements for a new SIP
submittal, this final determination
triggers the implementation of
contingency measures in this NAA
adopted under 172(c)(9).
III. Environmental Justice
Considerations
Information on Executive Order 12898
(Federal Actions To Address
Environmental Justice in Minority
Populations and Low-Income
Populations, 59 FR 7629, February 16,
1994) and how EPA defines
environmental justice (EJ) can be found
in the section titled ‘‘IV. Statutory and
Executive Order Reviews.’’ EPA
provided analysis of environmental
justice associated with this action solely
for informational purposes, and the
results of this analysis were addressed
in Section IV of our proposal.
This final rule formalizes EPA’s
determination that the Evangeline
Parish SO2 NAA has failed to attain the
2010 SO2 NAAQS of 75 ppb by the
applicable attainment date of April 9,
2023, in accordance with EPA’s
obligation to make a determination on
attainment by the attainment date in
section 179(c)(1)–(2) of the CAA. This
action provides notice to the public that
the area has failed to attain the NAAQS
and informs the State of Louisiana of
CAA requirements that the State needs
to meet.
Information on SO2 and its
relationship to negative health impacts
can be found at final Federal Register
notice titled ‘‘Primary National Ambient
Air Quality Standard for Sulfur
Dioxide’’ (75 FR 35520, June 22, 2010).1
1 See https://www.federalregister.gov/d/201013947.
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We expect that this action will not have
a detrimental impact on the population,
including communities with EJ
concerns, in and near the Evangeline
Parish NAA.
IV. Statutory and Executive Order
Reviews
This action finds that an area has
failed to attain the NAAQS by the
relevant attainment date and does not
impose additional or modify existing
requirements. For that reason, this
action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not 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;
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 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
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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.’’
Section IV of the proposal for this
action presented our EJ analysis, but we
did not consider EJ as a basis for this
action. Due to the nature of the action
being taken here, this action is not
expected to have a detrimental impact
on the populations, including
communities with EJ concerns, in the
Evangeline Parish NAA. Consideration
of EJ is not required as part of this
action, which finds that the NAA failed
to attain the 2010 SO2 NAAQS by the
applicable attainment date, and there is
no information in the record
inconsistent with the stated goal of E.O.
12898 of achieving environmental
justice for communities with EJ
concerns.
In addition, this final rulemaking, the
finding of failure to attain by the
attainment date for the Evangeline
Parish SO2 NAA, does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), because this action is not
intended to apply in Indian country
located in the State, and the EPA notes
that it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
This action is exempt from the
Congressional Review Act because it is
a rule of particular applicability. The
rule makes factual determinations for an
identified entity (the Evangeline Parish
area of Louisiana), based on facts and
circumstances specific to that entity.
The determination of failure to attain
the 2010 SO2 NAAQS does not in itself
create any new requirements beyond
what is mandated by the CAA.
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 February 14, 2025. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
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Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Pollution, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: December 9, 2024.
Earthea Nance,
Regional Administrator, Region 6.
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is finalizing our determination that the
sulfur dioxide (SO2) nonattainment area
(NAA) in Freestone and Anderson
Counties and the SO2 NAA in Titus
County have each attained the 2010 1hour primary SO2 national ambient air
quality standard (NAAQS) by the
applicable attainment date of January
12, 2022. This determination is based on
primary source shutdowns, available
ambient air quality monitoring data
from the 2019–2021 monitoring period,
relevant modeling analysis, and
additional emissions inventory
information. This final action will
address the EPA’s obligation under CAA
section 179(c) to determine whether the
Freestone-Anderson and Titus SO2
NAAs attained the 2010 1-hour primary
SO2 NAAQS by the statutory attainment
date of January 12, 2022, for each area.
DATES: This rule is effective on January
15, 2025.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2020–0434. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
James E. Grady, EPA Region 6 Office,
Regional Haze and SO2 Section, (214)
665–6745; grady.james@epa.gov. Please
call or email Mr. Grady above or call Mr.
Bill Deese at 214–665–7253 if you need
alternative access to material indexed
but not provided in the docket.
SUMMARY:
1. The authority citation for part 52
continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart T—Louisiana
2. Amend § 52.978 by adding
paragraph (b) to read as follows:
■
§ 52.978 Control strategy and regulations:
Sulfur Dioxide.
*
*
*
*
*
(b) Determination of failure to attain.
Effective January 15, 2025, the EPA has
determined that the Evangeline Parish
nonattainment area failed to attain the
2010 1-hour primary sulfur dioxide
(SO2) national ambient air quality
standard (NAAQS) by the applicable
statutory attainment date of April 9,
2023. This determination triggers the
requirements of CAA section 179(d) for
the State of Louisiana to submit a
revision to the Louisiana SIP for the
Evangeline Parish nonattainment area to
the EPA December 16, 2024. The SIP
revision must, among other elements,
provide for attainment of the 1-hour
primary SO2 NAAQS in the Evangeline
Parish SO2 nonattainment area as
expeditiously as practicable but no later
than December 16, 2029.
[FR Doc. 2024–29438 Filed 12–13–24; 8:45 am]
BILLING CODE 6560–50–P
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[EPA–R06–OAR–2020–0434; FRL–12215–
02–R6]
Environmental Protection
Agency (EPA).
ACTION: Final rule.
■
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SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ mean ‘‘the EPA.’’
I. Background
AGENCY:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
16:32 Dec 13, 2024
40 CFR Part 52
Determination of Attainment by the
Attainment Date for the 2010 1-Hour
Primary Sulfur Dioxide National
Ambient Air Quality Standard; Texas;
Freestone-Anderson and Titus
Counties
For the reasons stated in the
preamble, the EPA amends chapter I,
title 40 of the Code of Federal
Regulations as follows:
VerDate Sep<11>2014
ENVIRONMENTAL PROTECTION
AGENCY
101477
Sfmt 4700
The background for this action is
discussed in detail in our September 3,
2024, proposed action (89 FR 71230). In
that document, we proposed to
determine that the Freestone-Anderson
and Titus NAAs attained the 2010 1hour primary SO2 NAAQS by the
statutory attainment date of January 12,
2022. This satisfies the obligation under
CAA section 179(c) which required EPA
to issue a determination within 6
months of the attainment date (i.e., by
July 12, 2022). Our proposed
determination was based on EPA’s
previous clean data determination
(CDD) published on May 14, 2021; 1 the
permanent and enforceable shutdowns
of the primary sources of SO2 emissions
in these areas; the available modeling
analysis demonstrating that the Big
Brown Steam Electric Station in
Freestone County and the Monticello
Steam Electric Station in Titus County
were responsible for almost 100 percent
of the SO2 impacts on the maximum
modeled concentrations in each
respective area; review of emissions
data showing emissions within the
Freestone-Anderson and Titus NAA’s
have been reduced by nearly 100
percent with the retirements of Big
Brown and Monticello Steam Electric
Stations in 2018 and that no other
sources remain that are contributing to
a violation of the SO2 NAAQS in those
NAAs; and the Freestone County and
Welsh monitors’ reported 2019–2021
design values of 5 ppb (7 percent of the
standard) and 19 ppb (25 percent of the
standard) providing additional evidence
that these areas are in attainment.
II. Response to Comments
The public comment period for our
proposed determination of attainment
by the attainment date expired on
October 3, 2024. We received two
comments total; 2 one from the Texas
Commission on Environmental Quality
(TCEQ) supporting our proposed action;
and one that was outside the scope of
this action and not related to the SO2
NAAs or our proposed determination.
TCEQ’s comment included a request
that EPA act on the Redesignation
Request and Maintenance Plan SIP
revision submitted on March 3, 2022,
and we plan to act on that SIP submittal
in a separate action in the future. Since
1 86 FR 26401 (May 14, 2021) (effective June 14,
2021).
2 The full text of the comments is available in the
docket for this action.
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Agencies
[Federal Register Volume 89, Number 241 (Monday, December 16, 2024)]
[Rules and Regulations]
[Pages 101475-101477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29438]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2024-0380; FRL-12206-02-R6]
Finding of Failure To Attain by the Attainment Date for the 2010
1-Hour Primary Sulfur Dioxide National Ambient Air Quality Standard;
Louisiana; Evangeline Parish Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is making a
determination that the Evangeline Parish, Louisiana, sulfur dioxide
(SO2) nonattainment area (NAA) failed to attain the 2010 1-
hour primary SO2 national ambient air quality standard (2010
SO2 NAAQS) under the Clean Air Act (CAA or the Act) by the
applicable statutory attainment date of April 9, 2023. This
determination is based upon consideration and review of all relevant
and available information for the NAA, including reported emissions
records and available modeling data for the area's primary
SO2 source, Cabot Corporation's Ville Platte Plant (Cabot).
DATES: This rule is effective on January 15, 2025.
ADDRESSES: EPA established a docket for this action under Docket ID No.
EPA-R06-OAR-2024-0380. All documents in the docket are listed on the
https://www.regulations.gov website. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the internet. Publicly available docket materials are
available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ronald Thomas, SO2 and
Regional Haze Section (R6-ARSH), Air & Radiation Division, U.S.
Environmental Protection Agency, Region 6, 1201 Elm Street, Suite 500,
Dallas, Texas 75270. His direct telephone number is (214) 665-7478. Mr.
Thomas can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our
September 4, 2024, proposal (89 FR 71872). In that document, we
proposed to determine that the Evangeline Parish SO2
nonattainment area failed to attain the 2010 SO2 NAAQS by
the applicable statutory attainment date of April 9, 2023. In summary,
our proposed determination was based upon evaluation of SO2
emissions data and prior modeling for the NAA. Specifically, this
proposed determination was supported by data showing that emissions
have increased when comparing the 2020-2022 period to the modeled
emissions at designation. Based on this increase in emissions, there is
nothing to suggest that the area is no longer in violation of the NAAQS
as demonstrated by the 2017 modeling analysis for the initial
designation of the area.
The public comment period for our proposed determination expired on
October 4, 2024. The EPA received no comments on our September 4, 2024,
proposal. Therefore, we are finalizing our action as proposed.
II. Final Action
The EPA is finalizing the September 4, 2024, proposed finding, and
per CAA section 179(c)(1)-(2), the EPA determines that the Evangeline
Parish SO2 NAA has not attained the 2010 one-hour
SO2 NAAQS of 75 ppb by the applicable statutory attainment
date of April 9, 2023.
[[Page 101476]]
Publication of this final rule has the following consequences for
the State of Louisiana: (1) under CAA section 179(d), the State has up
to 12 months from the publication of this notice to submit a revised
SIP for the area demonstrating attainment and containing any additional
measures that the EPA may reasonably prescribe that can be feasibly
implemented in the area in light of technological achievability, costs,
and any non-air quality and other air quality-related health and
environmental impacts as required; (2) according to CAA section
179(d)(3), such a revised SIP is to achieve attainment of the 2010
SO2 NAAQS as expeditiously as practicable, but no later than
5 years from the date of notice of the area's failure to attain (i.e.,
5 years after the EPA publishes a final action in the Federal Register
determining that the area failed to attain the 2010 SO2
NAAQS); and (3) in addition to triggering requirements for a new SIP
submittal, this final determination triggers the implementation of
contingency measures in this NAA adopted under 172(c)(9).
III. Environmental Justice Considerations
Information on Executive Order 12898 (Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations, 59 FR 7629, February 16, 1994) and how EPA defines
environmental justice (EJ) can be found in the section titled ``IV.
Statutory and Executive Order Reviews.'' EPA provided analysis of
environmental justice associated with this action solely for
informational purposes, and the results of this analysis were addressed
in Section IV of our proposal.
This final rule formalizes EPA's determination that the Evangeline
Parish SO2 NAA has failed to attain the 2010 SO2
NAAQS of 75 ppb by the applicable attainment date of April 9, 2023, in
accordance with EPA's obligation to make a determination on attainment
by the attainment date in section 179(c)(1)-(2) of the CAA. This action
provides notice to the public that the area has failed to attain the
NAAQS and informs the State of Louisiana of CAA requirements that the
State needs to meet.
Information on SO2 and its relationship to negative
health impacts can be found at final Federal Register notice titled
``Primary National Ambient Air Quality Standard for Sulfur Dioxide''
(75 FR 35520, June 22, 2010).\1\ We expect that this action will not
have a detrimental impact on the population, including communities with
EJ concerns, in and near the Evangeline Parish NAA.
---------------------------------------------------------------------------
\1\ See https://www.federalregister.gov/d/2010-13947.
---------------------------------------------------------------------------
IV. Statutory and Executive Order Reviews
This action finds that an area has failed to attain the NAAQS by
the relevant attainment date and does not impose additional or modify
existing requirements. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not 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;
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 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.''
Section IV of the proposal for this action presented our EJ
analysis, but we did not consider EJ as a basis for this action. Due to
the nature of the action being taken here, this action is not expected
to have a detrimental impact on the populations, including communities
with EJ concerns, in the Evangeline Parish NAA. Consideration of EJ is
not required as part of this action, which finds that the NAA failed to
attain the 2010 SO2 NAAQS by the applicable attainment date,
and there is no information in the record inconsistent with the stated
goal of E.O. 12898 of achieving environmental justice for communities
with EJ concerns.
In addition, this final rulemaking, the finding of failure to
attain by the attainment date for the Evangeline Parish SO2
NAA, does not have tribal implications as specified by Executive Order
13175 (65 FR 67249, November 9, 2000), because this action is not
intended to apply in Indian country located in the State, and the EPA
notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law.
This action is exempt from the Congressional Review Act because it
is a rule of particular applicability. The rule makes factual
determinations for an identified entity (the Evangeline Parish area of
Louisiana), based on facts and circumstances specific to that entity.
The determination of failure to attain the 2010 SO2 NAAQS
does not in itself create any new requirements beyond what is mandated
by the CAA.
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 February 14, 2025. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
[[Page 101477]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Pollution, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: December 9, 2024.
Earthea Nance,
Regional Administrator, Region 6.
For the reasons stated in the preamble, the EPA amends chapter I,
title 40 of the Code of Federal Regulations as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart T--Louisiana
0
2. Amend Sec. 52.978 by adding paragraph (b) to read as follows:
Sec. 52.978 Control strategy and regulations: Sulfur Dioxide.
* * * * *
(b) Determination of failure to attain. Effective January 15, 2025,
the EPA has determined that the Evangeline Parish nonattainment area
failed to attain the 2010 1-hour primary sulfur dioxide
(SO2) national ambient air quality standard (NAAQS) by the
applicable statutory attainment date of April 9, 2023. This
determination triggers the requirements of CAA section 179(d) for the
State of Louisiana to submit a revision to the Louisiana SIP for the
Evangeline Parish nonattainment area to the EPA December 16, 2024. The
SIP revision must, among other elements, provide for attainment of the
1-hour primary SO2 NAAQS in the Evangeline Parish
SO2 nonattainment area as expeditiously as practicable but
no later than December 16, 2029.
[FR Doc. 2024-29438 Filed 12-13-24; 8:45 am]
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