Federal Register / Vol. 87, No. 8 / Wednesday, January 12, 2022 / Rules and Regulations 1685 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA because this action does not 

impose additional requirements beyond 

those imposed by state law. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities beyond those imposed by state 

law. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. This action does not 

impose additional requirements beyond 

those imposed by state law. 

Accordingly, no additional costs to 

state, local, or tribal governments, or to 

the private sector, will result from this 

action. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the National 

Government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Coordination 

With Indian Tribal Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175, because 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, and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not impose additional 

requirements beyond those imposed by 

state law. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Section 12(d) of the NTTAA directs 

the EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. The EPA believes that this 

action is not subject to the requirements 

of section 12(d) of the NTTAA because 

application of those requirements would 

be inconsistent with the CAA. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA lacks the discretionary 

authority to address environmental 

justice in this rulemaking. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

L. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 14, 2022. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule 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)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: January 6, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(568) to read as 

follows: 

§ 52.220 Identification of plan-in part. 

* * * * * 

(c) * * * 

(568) The following new regulation 

was submitted on November 5, 2019 by 

the Governor’s designee as an 

attachment to a letter dated October 31, 

2019. 

(i) Incorporation by reference. (A) 

Amador Air District. 

(1) Rule 400, ‘‘NSR Requirements for 

New and Modified Major Sources in 

Nonattainment Areas,’’ adopted on 

August 20, 2019. 

(B) [Reserved] 

(ii) [Reserved] 

* * * * * 

[FR Doc. 2022–00385 Filed 1–11–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2021–0540; FRL–9201–02– 

R5] 

Air Plan Approval; Wisconsin; 

Redesignation of the Rhinelander 

Sulfur Dioxide Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is redesignating the 

Rhinelander nonattainment area, which 

consists of a portion of Oneida County 

(Crescent Township, Newbold 

Township, Pine Lake Township, Pelican 

Township, and the City of Rhinelander), 

to attainment for the 2010 primary, 

health-based 1-hour sulfur dioxide (SO2) 

National Ambient Air Quality Standard 

(NAAQS). EPA is also approving 

Wisconsin’s SO2 maintenance plan for 


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1686 Federal Register / Vol. 87, No. 8 / Wednesday, January 12, 2022 / Rules and Regulations 

the Rhinelander area. Wisconsin 

submitted the request for approval of 

the Rhinelander area’s redesignation 

and maintenance plan on July 28, 2021. 

EPA approved Wisconsin’s attainment 

plan for the Rhinelander area on 

October 22, 2021, with an effective date 

of December 31, 2021. EPA proposed to 

approve this action on November 17, 

2021, and received no adverse 

comments. 

DATES: This final rule is effective on 

January 12, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2021–0540. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays and 

facility closures due to COVID–19. We 

recommend that you telephone Abigail 

Teener, Environmental Engineer, at 

(312) 353–7314 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Abigail Teener, Environmental 

Engineer, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 353–7314, teener.abigail@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background Information 

On November 17, 2021, EPA proposed 

to approve the redesignation of the 

Rhinelander SO2 nonattainment area to 

attainment of the 2010 primary, healthbased 1-hour SO2 NAAQS and to 

approve Wisconsin’s SO2 maintenance 

plan for the area (86 FR 64110). An 

explanation of the Clean Air Act (CAA) 

requirements, a detailed analysis of the 

revisions, and EPA’s reasons for 

proposing approval were provided in 

the notice of proposed rulemaking and 

will not be restated here. In the notice 

of proposed rulemaking, EPA noted that 

the redesignation would not be finalized 

until Wisconsin’s attainment plan for 

the Rhinelander area was approved and 

effective. EPA approved Wisconsin’s 

plan on October 22, 2021, with an 

effective date of December 31, 2021. 

II. Public Comments 

The public comment period for this 

proposed rule ended on December 17, 

2021. EPA received no adverse 

comments on the proposal. 

III. Final Action 

In accordance with Wisconsin’s July 

28, 2021, request, EPA is redesignating 

the Rhinelander nonattainment area 

from nonattainment to attainment of the 

2010 SO2 NAAQS. EPA finds that 

Wisconsin has demonstrated that the 

area is attaining the 2010 SO2 NAAQS 

and that the improvement in air quality 

is due to permanent and enforceable 

SO2 emission reductions in the area. 

EPA is also approving Wisconsin’s 

maintenance plan, which is designed to 

ensure that the area will continue to 

maintain the SO2 NAAQS. 

In accordance with 5 U.S.C. 553(d) of 

the Administrative Procedure Act 

(APA), EPA finds there is good cause for 

this action to become effective 

immediately upon publication. The 

immediate effective date for this action 

is authorized under both 5 U.S.C. 

553(d)(1). 

Section 553(d)(1) of the APA provides 

that final rules shall not become 

effective until 30 days after publication 

in the Federal Register ‘‘except . . . a 

substantive rule which grants or 

recognizes an exemption or relieves a 

restriction.’’ The purpose of this 

provision is to ‘‘give affected parties a 

reasonable time to adjust their behavior 

before the final rule takes effect.’’ 

Omnipoint Corp. v. Fed. Commc’n 

Comm’n, 78 F.3d 620, 630 (D.C. Cir. 

1996); see also United States v. 

Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 

1977) (quoting legislative history). 

However, when the agency grants or 

recognizes an exemption or relieves a 

restriction, affected parties do not need 

a reasonable time to adjust because the 

effect is not adverse. EPA has 

determined that this rule relieves a 

restriction because this rule relieves 

sources in the area of Nonattainment 

New Source Review (NNSR) permitting 

requirements; instead, upon the 

effective date of this action, sources will 

be subject to less restrictive Prevention 

of Significant Deterioration (PSD) 

permitting requirements. For this 

reason, EPA finds good cause under 5 

U.S.C. 553(d)(1) for this action to 

become effective on the date of 

publication of this action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a state 

implementation plan (SIP) submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• 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 CAA; and 


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Federal Register / Vol. 87, No. 8 / Wednesday, January 12, 2022 / Rules and Regulations 1687 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

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 March 14, 2022. 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).) 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: January 5, 2022. 

Debra Shore, 

Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, EPA amends 40 CFR parts 52 

and 81 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. Section 52.2575 is amended by 

removing paragraph (b) introductory 

text and adding paragraph (c) to read as 

follows: 

§ 52.2575 Control strategy: Sulfur dioxide. 

* * * * * 

(c) Approval-On July 28, 2021, 

Wisconsin submitted a request to 

redesignate the Rhinelander area, which 

consists of a portion of Oneida County 

(Crescent Township, Newbold 

Township, Pine Lake Township, Pelican 

Township, and the City of Rhinelander), 

to attainment of the 2010 primary 1- 

hour sulfur dioxide standard. As part of 

the redesignation request, the State 

submitted a maintenance plan as 

required by section 175A of the Clean 

Air Act (CAA). Elements of the section 

175 maintenance plan include a 

contingency plan and an obligation to 

submit a subsequent maintenance plan 

revision in eight years as required by the 

CAA. 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq. 

■ 4. Section 81.350 is amended by 

revising the entry for ‘‘Rhinelander, WI’’ 

in the table entitled ‘‘Wisconsin-2010 

Sulfur Dioxide NAAQS [Primary]’’ to 

read as follows: 

§ 81.350 Wisconsin. 

* * * * * 

WISCONSIN—2010 SULFUR DIOXIDE NAAQS 

[Primary] 

Designated area 1

Designation 

Date 2 Type 

*******

Rhinelander, WI ........................................................................................................................................ January 12, 2022 ...... Attainment. 

Oneida County (part) 

City of Rhinelander, Crescent Town, Newbold Town, Pine Lake Town, and Pelican Town. 

* * * * * * * 

1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian 

country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country. 2This date is April 9, 2018, unless otherwise noted. 

* * * * * 

[FR Doc. 2022–00347 Filed 1–11–22; 8:45 am] 

BILLING CODE 6560–50–P 


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