[Federal Register Volume 89, Number 136 (Tuesday, July 16, 2024)]
[Proposed Rules]
[Pages 57819-57823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14786]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2024-0209; FRL-11948-01-R9]


Air Plan Approval; California; Mojave Desert Air Quality 
Management District

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 Mojave Desert Air Quality Management District 
(MDAQMD or ``District'') portion of the California State Implementation 
Plan (SIP). The revisions concern recodification of prohibitory and 
administrative rules used by the District to regulate air pollutants 
under the Clean Air Act (CAA or the Act). The EPA is proposing to 
update the California SIP to reflect the recodified rules. The EPA is 
taking comments on this proposal and plans to follow with a final 
action.

DATES: Comments must be received on or before August 15, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2024-0209 at https://www.regulations.gov. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public 
comment policy, information about CBI or multimedia submissions, and 
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. If you need assistance in a 
language other than English or if you are a person with disabilities 
who needs a reasonable accommodation at no cost to you, please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: La Kenya Evans-Hopper, EPA Region IX, 
75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3245 or 
by email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What is the background for this proposed action?
    B. What rules did the State submit to rescind or replace?
    C. Are there other versions of the rules?
    D. What is the purpose of the submitted rule revisions?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What is the background for this proposed action?

    Under the CAA, the EPA has established National Ambient Air Quality 
Standards (NAAQS) for certain pervasive air pollutants, including, 
among others, ozone and particulate matter (PM). Under CAA section 
110(a), states are required to adopt and submit SIPs to implement, 
maintain, and enforce the NAAQS. Under CAA section 107(d), the EPA has 
designated all areas of the country as attainment, nonattainment, or 
unclassifiable for the NAAQS. Areas designated as nonattainment must 
adopt and submit SIP revisions that, among other things, provide for 
attainment of the NAAQS by the applicable attainment date.
    The MDAQMD regulates sources of air pollution within California's 
``Mojave Desert Air Basin,'' which lies within the previously-
designated ``Southeast Desert Air Basin.'' \1\ The MDAQMD's 
jurisdiction includes the desert portion of San Bernardino County and 
the far eastern portion of Riverside County. The EPA has designated two 
areas in the San Bernardino County portion of the District as 
nonattainment areas for PM equal to or less than 10 microns in diameter 
(PM10): (1) the Trona planning area, located in the 
northwestern portion of the county, and (2) the larger San Bernardino 
nonattainment area that covers the remaining portion of San Bernardino 
County regulated by the MDAQMD, excluding the Trona planning area.\2\ A 
portion of San Bernardino County within the District is also in the 
West Mojave Desert ozone nonattainment area.\3\ The Riverside County 
portion of the District is designated as unclassifiable/attainment for 
all the NAAQS.
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    \1\ The two air basins are described in the California Air 
Resources Board's (CARB's) Initial Statement of Reasons for Proposed 
Rulemaking, Proposed Amendments to Divide the Southeast Desert Air 
Basin and to Modify the Boundary of the South Coast Air Basin and 
Proposed Amendments to the Related Agricultural Burning Regulations, 
April 1996.
    \2\ 40 CFR 81.305--``California--PM-10'' table of area 
designations.
    \3\ 40 CFR 81.305. The West Mojave Desert ozone nonattainment 
area also includes the Antelope Valley portion of Los Angeles 
County.
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    In 1972, when the original California SIP was submitted and 
approved by the EPA, the San Bernardino County Air Pollution Control 
District (SBCAPCD) had jurisdiction over stationary sources within all 
of San Bernardino County. On

[[Page 57820]]

July 16, 1975, the Los Angeles County Air Pollution Control District 
(LACAPCD), Orange County Air Pollution Control District (OCAPCD), 
Riverside County Air Pollution Control District (RCAPCD), and SBCAPCD 
were unified into the Southern California Air Pollution Control 
District (SoCalAPCD). On February 1, 1977, California split the 
SoCalAPCD into four agencies. The western coastal area became regulated 
by the South Coast Air Quality Management District (SCAQMD) and the 
remaining eastern desert portions of Los Angeles, San Bernardino, and 
Riverside Counties were separated back into air pollution control 
districts for each county (i.e., LACAPCD, SBCAPCD, and RCAPCD). The 
original jurisdiction of the SCAQMD covered an area referred to as the 
``South Coast Air Basin'' that included all of Orange County and the 
western non-desert portions of Los Angeles, Riverside, and San 
Bernardino Counties. The jurisdiction of the LACAPCD, SBCAPCD, and 
RCAPCD extended over a portion of an air basin referred to as the 
``Southeast Desert Air Basin.'' \4\
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    \4\ 43 FR 25684 (June 14, 1978).
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    The Southeast Desert Air Basin portion of Riverside County was 
added to the SCAQMD on December 1, 1977. Effective December 1, 1977, 
under state law, all SCAQMD Rules and Regulations became applicable 
within the Southeast Desert portion of Riverside County.\5\ In 1982, 
the applicability of SCAQMD rules that had been approved as part of the 
California SIP was extended to the Southeast Desert portion of 
Riverside County.\6\ On July 1, 1993, the SBCAPCD was re-formed as the 
MDAQMD. On July 1, 1994, the Palo Verde Valley area in far eastern 
Riverside County (and that is a part of the Southeast Desert portion of 
Riverside County) left the SCAQMD and joined the MDAQMD.\7\
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    \5\ Letter dated August 11, 1980, from Gary Rubenstein, Deputy 
Executive Officer, CARB to Paul DeFalco, Jr., EPA Regional 
Administrator--approved at 47 FR 25013 (June 9, 1982).
    \6\ 47 FR 25013 (June 9, 1982).
    \7\ The Palo Verde Valley portion of the MDAQMD covers an area 
approximately 30 miles wide along the eastern boundary of the county 
adjoining the State of Arizona.
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    An outgrowth of the complicated regulatory history of the MDAQMD is 
that the applicable SIP for the area the District regulates consists of 
a mixture of rules from current and former agencies. Rules adopted by 
MDAQMD apply District-wide; SBCAPCD rules apply only in the San 
Bernardino County portion of the District; and rules adopted by the 
RCAPCD, SoCalAPCD or the SCAQMD only apply in the Riverside County 
portion of the District.

B. What rules did the State submit to rescind or replace?

    This proposal covers portions of SIP revisions submitted by the 
California Air Resources Board (CARB) to the EPA on September 23, 
2022,\8\ November 30, 2022,\9\ May 11, 2023,\10\ and October 13, 
2023.\11\ Table 1 lists the MDAQMD rules that were submitted for 
inclusion in the SIP with the date each rule was adopted and then 
submitted by CARB.\12\ When these rules were submitted, CARB also 
requested rescission of the analogous rules in the SIP that were 
adopted by SCAQMD \13\ and apply within the Riverside County portion of 
the District. Table 2 lists the rules to be rescinded by this action 
with the dates that they were adopted by SCAQMD, approved by the EPA 
(with the associated Federal Register citations), subsequently 
rescinded by MDAQMD, and then submitted by CARB for rescission.
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    \8\ CARB submitted the SIP revision electronically on September 
23, 2022, as an enclosure to a transmittal letter of the same date.
    \9\ CARB submitted the SIP revision electronically on November 
30, 2022, as an enclosure to a transmittal letter dated November 22, 
2022. CARB later clarified that, in addition to the rule rescissions 
requested for SCAQMD Rules 468 and 468, the November 30, 2022 
submission was also intended to include the submission of 
replacement rules, MDAQMD Rules 468, ``Sulfur Recovery Units'' and 
469, ``Sulfuric Acid Units.'' See CARB email dated April 4, 2024, 
from Ariel Fideldy (CARB) to Jefferson Wehling (EPA), Subject: 
``CARB Clarification regarding November 30, 2022 submittal of MDAQMD 
Rules.''
    \10\ CARB submitted the SIP revision electronically on May 11, 
2023, as an enclosure to a transmittal letter dated May 10, 2023.
    \11\ CARB submitted the SIP revision electronically on October 
13, 2023, as an enclosure to a transmittal letter of the same date.
    \12\ These rules have adoption dates prior to the formation of 
the MDAQMD because the rules were not revised or amended when the 
MDAQMD was formed and first adopted its rulebook. The rules were 
SBCAPCD rules and were merely recodified as being MDAQMD rules that 
apply District-wide.
    \13\ The versions of SCAQMD Rules 104, 408, 443, 468, 469 and 
472 that are currently part of the applicable SIP for the Riverside 
County portion of the MDAQMD were adopted by the SoCalAPCD, rather 
than the SCAQMD.

                                            Table 1--Submitted Rules
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                                                                       Adopted/amended/
         Local agency             Rule No.         Rule title            revised date          Submittal date
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MDAQMD........................          104  Reporting of Source    December 19, 1988....  October 13, 2023.
                                              Test Data and
                                              Analyses.
MDAQMD........................          404  Particulate Matter--   July 25, 1977........  May 11, 2023.
                                              Concentration.
MDAQMD........................          405  Solid Particulate      July 25, 1977........  May 11, 2023.
                                              Matter--Weight.
MDAQMD........................          407  Liquid and Gaseous     July 25, 1977........  September 23, 2022.
                                              Air Contaminants.
MDAQMD........................          408  Circumvention........  July 25, 1977........  May 11, 2023.
MDAQMD........................          409  Combustion             July 25, 1977........  May 11, 2023.
                                              Contaminants.
MDAQMD........................          443  Labeling of Solvents.  July 25, 1977........  May 11, 2023.
MDAQMD........................          468  Sulfur Recovery Units  July 25, 1977........  November 30, 2022.
MDAQMD........................          469  Sulfuric Acid Units..  July 25, 1977........  November 30, 2022.
MDAQMD........................          472  Reduction of Animal    July 25, 1977........  May 11, 2023.
                                              Matter.
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                                                           Table 2--Submitted Rule Rescissions
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                                                             Adopted/amended/      SIP approval date    Date of  rescission
           Local  agency                    Title              revised date         and FR citation          by MDAQMD              Submittal date
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SCAQMD Rule 104...................  Reporting of Source    January 9, 1976.....  June 14, 1978, 43 FR  April 24, 2023......  October 13, 2023.
                                     Test Data and                                25684.
                                     Analyses.
SCAQMD Rule 408...................  Circumvention........  May 7, 1976.........  June 14, 1978, 43 FR  April 25, 2022......  May 11, 2023.
                                                                                  25684.
SCAQMD Rule 443...................  Labeling of Solvents.  January 1, 1977.....  June 14, 1978, 43 FR  October 24, 2022....  May 11, 2023.
                                                                                  25684.
SCAQMD Rule 468...................  Sulfur Recovery Units  October 8, 1976.....  June 14, 1978, 43 FR  August 22, 2022.....  November 30, 2022.
                                                                                  25684.
SCAQMD Rule 469...................  Sulfuric Acid Units..  October 8, 1976.....  June 14, 1978, 43 FR  August 22, 2022.....  November 30, 2022.
                                                                                  25684.

[[Page 57821]]

 
SCAQMD Rule 472...................  Reduction of Animal    May 7, 1976.........  June 14, 1978, 43 FR  August 22, 2022.....  May 11, 2023.
                                     Matter.                                      25684.
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    The September 23, 2022, November 30, 2022, May 11, 2023, and 
October 13, 2023 SIP submissions were deemed complete by operation of 
law with respect to the completeness criteria in 40 CFR part 51, 
appendix V on March 23, 2023, May 30, 2023, November 11, 2023, and 
April 13, 2024, respectively.

C. Are there other versions of the rules?

    We approved earlier versions of the rules listed in Table 1 when 
they were adopted and submitted by the MDAQMD's predecessor agency, the 
SBCAPCD. Table 3 lists the previously SIP-approved rules along with 
their local adoption dates and EPA approval citations. If we finalize 
this action as proposed, the SBCAPCD rules in Table 3 will be 
superseded in the applicable SIP by the corresponding MDAQMD rules 
listed in Table 1.

             Table 3--SIP Rules To Be Superseded Upon Approval of Submitted Rules Listed in Table 1
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                                                                      Adopted/ amended/    SIP approval date and
         Local agency             Rule No.         Rule title            revised date           FR citation
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SBCAPCD.......................          104  Reporting of Source    December 19, 1988....  November 27, 1990, 55
                                              Test Data and                                 FR 49281.
                                              Analyses.
SBCAPCD.......................          404  Particulate Matter--   July 25, 1977........  December 21, 1978, 43
                                              Concentration.                                FR 59489.
SBCAPCD.......................          405  Solid Particulate      July 25, 1977........  December 21, 1978, 43
                                              Matter--Weight.                               FR 59489.
SBCAPCD.......................          407  Liquid and Gaseous     February 1, 1977.....  September 8, 1978, 43
                                              Air Contaminants.                             FR 40011.
SBCAPCD.......................          408  Circumvention........  February 1, 1977.....  September 8, 1978, 43
                                                                                            FR 40011.
SBCAPCD.......................          409  Combustion             February 1, 1977.....  September 8, 1978, 43
                                              Contaminants.                                 FR 40011.
SBCAPCD.......................          443  Labeling of Solvents.  February 1, 1977.....  September 8, 1978, 43
                                                                                            FR 40011.
SBCAPCD.......................          468  Sulfur Recovery Units  February 1, 1977.....  September 8, 1978, 43
                                                                                            FR 40011.
SBCAPCD.......................          469  Sulfuric Acid Units..  February 1, 1977.....  September 8, 1978, 43
                                                                                            FR 40011.
SBCAPCD.......................          472  Reduction of Animal    February 1, 1977.....  September 8, 1978, 43
                                              Matter.                                       FR 40011.
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D. What is the purpose of the submitted rule revisions?

    Emissions of volatile organic compounds (VOCs) and oxides of 
nitrogen (NOX) contribute to the production of ground-level 
ozone and smog which harm human health and the environment. Emissions 
of PM, including PM equal to or less than 2.5 microns in diameter 
(PM2.5) and PM10, contribute to effects that are 
harmful to human health and the environment, including premature 
mortality, aggravation of respiratory and cardiovascular disease, 
decreased lung function, visibility impairment, and damage to 
vegetation and ecosystems.
    Section 110(a) of the CAA requires states to submit regulations 
that control emissions of criteria air pollutants or their precursors, 
including NOX, VOCs, and PM, as part of the SIP. Over the 
years, MDAQMD's predecessor agency, the SBCAPCD, adopted many 
administrative and prohibitory rules to meet SIP requirements, 
including those that are the subject of this proposed action, for the 
San Bernardino County portion of the MDAQMD. The RCAPCD, SoCalAPCD, and 
SCAQMD did the same for the Riverside County portion of the MDAQMD. 
However, the SBCAPCD, RCAPCD, and SoCalAPCD no longer exist, and SCAQMD 
no longer has jurisdiction in the areas currently regulated by the 
MDAQMD. The purpose of the SIP submissions for which action is proposed 
is to align the SIP versions of the rules with those that are in effect 
in the MDAQMD.
    The EPA's technical support document (TSD) has more information 
about these rules.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules?

    Under CAA section 110(l), SIP revisions must be adopted by the 
state, and the state must provide reasonable public notice and hearing 
prior to adoption.\14\ Rules in the SIP must be enforceable (see CAA 
section 110(a)(2)), must not interfere with applicable requirements 
concerning attainment and reasonable further progress or other CAA 
requirements (see CAA section 110(l)), and must not modify certain SIP 
control requirements in nonattainment areas without ensuring equivalent 
or greater emissions reductions (see CAA section 193).
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    \14\ We have reviewed the SIP submissions covered in this 
proposed action for compliance with CAA procedural requirements and 
found that all such requirements have been met.
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    In ozone nonattainment areas classified as Moderate or above, the 
CAA requires implementation of Reasonably Available Control Technology 
(RACT) for each category of sources covered by a Control Techniques 
Guidelines (CTG) document as well as each major source of VOCs and 
NOX (see CAA section 182(b)(2)). This requirement applies in 
the portion of San Bernardino County that lies within the ``West Mojave 
Desert'' nonattainment area that is classified as Severe for the 2008 
and 2015 ozone NAAQS.\15\ States must also implement reasonably 
available control measures (RACM), including RACT, in Moderate 
PM2.5 or PM10 nonattainment areas (see CAA 
sections 172(c)(1) and 189(a)(1)(C)). The MDAQMD regulates two 
PM10 nonattainment areas in San Bernardino County that are 
classified as Moderate for the PM10 NAAQS,\16\ and thus the 
RACM requirement applies to these areas. However, in this proposed 
action, we are evaluating the submitted rules and rescissions as rule 
recodifications and are not evaluating the rules for compliance with 
RACT or RACM requirements at this time.
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    \15\ 40 CFR 81.305.
    \16\ Id.
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    Guidance and policy documents that we used to evaluate 
enforceability, revision/relaxation and rule stringency

[[Page 57822]]

requirements for the applicable criteria pollutants include the 
following:
    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11, 
1990).
    2. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. Memorandum, from Johnnie L. Pearson, Chief, Regional Activities 
Section, EPA Office of Air Quality Planning and Standards to Chief, Air 
Branch, Regions I-X, ``Review of State Regulation Recodifications,'' 
February 12, 1990.

B. Do the rules meet the evaluation criteria?

    The purpose for the submission of the MDAQMD rules is to align the 
outdated versions of the rules in the SIP with the versions found in 
the current District rulebook. To do this, CARB submitted MDAQMD rules, 
which apply District-wide, to replace the versions of the rules in the 
SIP that are identical but currently only apply to a geographic subset 
of the District (San Bernardino County or Riverside County).
    The MDAQMD rules in Table 1 are identical to the SBCAPCD rules in 
Table 3 that are currently in the SIP. Thus, we are proposing the 
SBCAPCD rules listed in Table 3 will be superseded by our proposed 
approval of the MDAQMD rules in Table 1. For the portion of Riverside 
County regulated by MDAQMD, the SIP identifies rules adopted by the 
SCAQMD. MDAQMD Rules 104, 408, 443, 468, 469 and 472 in Table 1 are 
identical to the comparable SCAQMD rules listed in Table 2. Similarly, 
we are proposing that approval of the MDAQMD rules in Table 1 allows 
for the rescission of the SCAQMD rules in Table 2.
    We are reviewing these particular rules as recodifications of 
existing rules and are not reviewing the substance of the rules at this 
time.\17\ The EPA is now merely proposing to approve the District-wide 
versions of rules to replace identical rules that were previously-
approved by the EPA but that only apply to a geographic subset of the 
District. The EPA's approval of the District-wide rules, at this time, 
does not imply any position with respect to the approvability of the 
substantive requirements in the rules. To the extent the EPA issues any 
SIP calls to the State with respect to the adequacy of any of the rules 
subject to this recodification, the EPA will continue to require the 
State to correct any such rule deficiencies despite the EPA's proposed 
approval of this recodification.
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    \17\ Memorandum dated February 12, 1990, from Johnnie L. 
Pearson, Chief, Regional Activities Section, EPA Office of Air 
Quality Planning and Standards to Chief, Air Branch, Regions I-X, 
``Review of State Regulation Recodifications.''
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C. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
approve the submitted rules in Table 1 because they represent 
recodifications of existing SIP rules. These rules would supersede the 
rules in Table 3. The EPA is also proposing to approve the rescissions 
listed in Table 2 because they mirror recodified rules proposed for 
approval. We will accept comments from the public on this proposal 
until [Insert date 30 days after date of publication in the Federal 
Register]. If we take final action to approve the submitted rules, our 
final action would incorporate the submitted rules into the SIP and 
would remove from the applicable SIP the rules that have been rescinded 
or superseded.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the MDAQMD rules listed in Table 1 of this preamble, which 
includes certain administrative and prohibitory rules that control 
emissions of NOX, VOCs, and PM. The EPA has made, and will 
continue to make, these materials available through www.regulations.gov 
and at the EPA Region IX Office (please contact the person identified 
in the FOR FURTHER INFORMATION CONTACT section of this preamble for 
more information).

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations (42 U.S.C. 7410(k); 40 CFR 52.02(a)). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed action merely proposes to approve state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it proposes to approve a state program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Act.
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the proposed rule does not have tribal implications and 
will not impose substantial direct costs on tribal governments or 
preempt tribal law as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of

[[Page 57823]]

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 CAA and applicable 
implementing regulations neither prohibit nor require such an 
evaluation. The EPA did not perform an EJ analysis and did not consider 
EJ in this action. Consideration of EJ is not required as part of this 
action, and there is no information in the record inconsistent with the 
stated goal of E.O. 12898 of achieving environmental justice for people 
of color, low-income populations, and Indigenous peoples.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
dioxide, Volatile organic compounds.

    Dated: July 1, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-14786 Filed 7-15-24; 8:45 am]
BILLING CODE 6560-50-P