Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Rules and Regulations 4501 

Regulatory Flexibility Act 

This rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). The State’s submittal, which is 

the subject of this rule, is based upon 

corresponding Federal regulations for 

which an economic analysis was 

prepared and certification made that 

such regulations would not have a 

significant economic effect upon a 

substantial number of small entities. In 

making the determination as to whether 

this rule would have a significant 

economic impact, the Department relied 

upon the data and assumptions for the 

corresponding Federal regulations. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: (a) Does not have an annual 

effect on the economy of $100 million; 

(b) will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; and (c) does not 

have significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. This 

determination is based on an analysis of 

the corresponding Federal regulations, 

which were determined not to 

constitute a major rule. 

Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

Tribal governments, or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on State, local, or Tribal 

governments or the private sector. This 

determination is based on an analysis of 

the corresponding Federal regulations, 

which were determined not to impose 

an unfunded mandate. Therefore, a 

statement containing the information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1531 et seq.) is not 

required. 

List of Subjects in 30 CFR Part 925 

Intergovernmental relations, Surface 

mining, Underground mining. 

Alfred L. Clayborne, 

Regional Director, DOI Unified Region 3, 4 

and 6. 

For the reasons set out in the 

preamble, 30 CFR part 925 is amended 

as set forth below: 

PART 925—MISSOURI 

■ 1. The authority citation for part 925 

continues to read as follows: 

Authority: 30 U.S.C. 1201 et seq. 

■ 2. In § 925.15 amend the table by 

adding an entry for ‘‘February 8, 2019’’ 

in chronological order by ‘‘Date of final 

publication’’ to read as follows: 

§ 925.15 Approval of Missouri regulatory 

program amendments. 

* * * * * 

Original amendment 

submission date 

Date of final 

publication Citation/description 

*******

February 8, 2019 ......... January 28, 2022 ........ 10 CSR 40–3.060; 40–3.170; 40–3.180; 40–3.190; 40–3.200; 40–3.210; 40–3.220; 40–3.230; 

40–3.240; 40–3.250; 40–3.260; 40–3.270; 40–3.280; 40–3.290; 40–3.300; 40–3.310; 40– 

4.020; 40–4.040; 40–4.060; 40–4.070; 40–6.100; 40–6.110; 40–6.120. 

[FR Doc. 2022–01667 Filed 1–27–22; 8:45 am] 

BILLING CODE 4310–05–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2021–0451; FRL–9166–02– 

R5] 

Air Plan Approval; Michigan; Finding 

of Failure To Attain the 2010 Sulfur 

Dioxide Primary National Ambient Air 

Quality Standard for the Detroit 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is determining that the 

Detroit sulfur dioxide (SO2) 

nonattainment area failed to attain the 

2010 primary 1-hour SO2 national 

ambient air quality standard (NAAQS or 

‘‘standard’’) by the applicable 

attainment date of October 4, 2018. This 

determination is based upon air quality 

modeling using actual and allowable 

emissions. This action requires the State 

of Michigan to submit one year after 

date of publication in the Federal 

Register a revision to its State 

Implementation Plan (SIP) that, among 

other elements, provides for expeditious 

attainment of the 2010 SO2 standard. 

EPA is not finalizing the finding of 

failure to attain for the Rhinelander, 

Wisconsin area that was included in the 

notice of proposed rulemaking (NPRM), 

as a finding of failure to attain only 

applies to nonattainment areas and EPA 

expects to redesignate the area to 

attainment before the effective date of 

this action. 

DATES: This final rule is effective on 

February 28, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2021–0451. 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 (AR–18J), 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 October 27, 2021 (86 FR 59327), 

EPA proposed to determine that the 


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4502 Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Rules and Regulations 

Detroit SO2 nonattainment area failed to 

attain the 2010 primary 1-hour SO2

national ambient air quality standard 

NAAQS by the applicable attainment 

date of October 4, 2018. The background 

for this action is discussed in detail in 

the NPRM. EPA is not finalizing the 

finding of failure to attain for the 

Rhinelander, Wisconsin, area that was 

included in the NPRM, as a finding of 

failure to attain only applies to 

nonattainment areas and EPA expects to 

redesignate the area to attainment before 

the effective date of this action. 

The determination of failure to attain 

for the Detroit area was based on air 

quality dispersion modeling, using 

actual and allowable emissions from the 

most recent three complete calendar 

years, prior to the attainment date of 

October 4, 2018. The NPRM describes 

EPA’s modeling requirements to support 

attainment demonstrations as well as 

various features of the model that EPA 

used to make its determination of failure 

to attain. For an area to attain the 2010 

SO2 NAAQS by the October 4, 2018, 

attainment date, the design value based 

upon modeled actual and allowable air 

quality data from 2015–2017 at the area 

of maximum ambient SO2 concentration 

must be equal to or less than 75 parts 

per billion (ppb) for the 1-hour 

standard. EPA’s modeling analysis 

indicates that the highest predicted 3- 

year average 99th percentile 1-hour 

average concentration within the chosen 

modeling domain is 139 ppb. Therefore, 

based on modeled actual and allowable 

emissions for the 2015–2017 period, 

EPA is determining that the Detroit area 

failed to attain the 2010 1-hour SO2

standard by the October 4, 2018, 

attainment date. 

Under Clean Air Act (CAA) section 

179(d), a finding of failure to attain 

requires a state to submit, no later than 

one year after the publication date of the 

final action, a SIP revision for the area 

meeting the requirements of CAA 

sections 110 and 172, the latter of which 

requires, among other elements, a 

demonstration of attainment within the 

time period specified in CAA sections 

179(d)(3) and 172(a)(2). Therefore, this 

action requires Michigan to submit a SIP 

revision by January 30, 2023, per section 

179(d). Regardless, as discussed in the 

NPRM, EPA’s obligation to promulgate 

a Federal implementation plan (FIP) for 

the Detroit area remains in force, and 

EPA is actively working on a FIP. 

II. Public Comments 

The proposed action described above 

provided a public comment period that 

closed on November 26, 2021. EPA 

received no comments on the proposed 

finding of failure to attain for the Detroit 

area. 

III. What action is EPA taking? 

EPA is determining under CAA 

section 179(c)(1) that the Detroit area 

failed to attain the 2010 1-hour SO2

standard by the applicable attainment 

date of October 4, 2018. This action 

requires Michigan under CAA section 

179(d) to submit a revision to the SIP for 

the Detroit SO2 nonattainment area. The 

required SIP revision must, among other 

elements, demonstrate expeditious 

attainment of the standards within the 

time period prescribed by CAA section 

179(d). The SIP revision required under 

CAA section 179(d) is due for submittal 

to EPA no later January 30, 2023. EPA 

is not finalizing the finding of failure to 

attain for the Rhinelander, Wisconsin 

area that was included in the NPRM, as 

a finding of failure to attain only applies 

to nonattainment areas and EPA expects 

to redesignate the area to attainment 

before the effective date of this action. 

IV. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive orders can be 

found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review, and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and therefore was not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

provisions of the PRA because it does 

not contain any information collection 

activities. 

C. Regulatory Flexibility Act (RFA) 

EPA certifies 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. This action requires the state to 

adopt and submit SIP revisions to 

satisfy CAA requirements and would 

not itself directly regulate any small 

entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate of $100 million or 

more, as described in UMRA (2 U.S.C. 

1531–1538) and does not significantly 

or uniquely affect small governments. 

This action itself imposes no 

enforceable duty on any state, local, or 

tribal governments, or the private sector. 

This action determines that the Detroit 

SO2 nonattainment area failed to attain 

the NAAQS by the applicable 

attainment date and triggers existing 

statutory timeframes for the State to 

submit SIP revisions. Such a 

determination in and of itself does not 

impose any Federal intergovernmental 

mandate. 

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, Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. The finding of failure to 

attain the SO2 NAAQS does not apply 

to tribal areas, and the action does not 

impose a burden on Indian reservation 

lands or other areas where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction within the Detroit 

SO2 nonattainment area. Thus, this 

action does not have tribal implications 

and will not impose substantial direct 

costs on tribal governments or preempt 

tribal law as specified by Executive 

Order 13175. 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that concern environmental 

health or safety risks that 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 the effect of this action does not 

trigger additional planning requirements 

under the CAA. This action does not 

establish an environmental standard 

intended to mitigate health or safety 

risks. 

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. 


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Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Rules and Regulations 4503 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

EPA believes that this action does not 

have disproportionately high and 

adverse human health or environmental 

effects on minority populations, lowincome populations and/or indigenous 

peoples, as specified in Executive Order 

12898 (59 FR 7629, February 16, 1994). 

The effect of this action triggers 

additional planning requirements under 

the CAA. 

K. Congressional Review Act (CRA) 

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). 

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 29, 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, does not 

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, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Sulfur oxides. 

Dated: January 6, 2022. 

Debra Shore, 

Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

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. In § 52.1170, the table in paragraph 

(e) is amended by adding an entry for 

‘‘Determination of failure to attain the 

2010 SO2 standard’’ immediately after 

the entry for ‘‘2010 Sulfur Dioxide Clean 

Data Determination’’ to read as follows: 

§ 52.1170 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED MICHIGAN NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Name of nonregulatory 

SIP provision 

Applicable geographic 

or nonattainment area 

State 

submittal 

date 

EPA approval date Comments 

*******

Determination of failure 

to attain the 2010 SO2

standard.

Detroit area (Wayne 

County, part).

.................... 1/28/2022, [INSERT 

FEDERAL REGISTER CITATION].

Triggers requirements of CAA section 179(d) for 

the State of Michigan to submit by January 30, 

2023, a revision to its SIP for the Detroit area 

that, among other elements, provides for expeditious attainment of the 2010 SO2 standard 

within the time period specified in CAA sections 179(d)(3) and 172(a)(2). 

* * * * * * * 

[FR Doc. 2022–00607 Filed 1–27–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0261; FRL–8969–02– 

R9] 

Partial Approval and Partial 

Disapproval of Air Quality 

Implementation Plans and 

Determination of Attainment by the 

Attainment Date; California; San 

Joaquin Valley Serious Area and 

Section 189(d) Plan for Attainment of 

the 1997 24-hour PM2.5 NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve in part and disapprove in part 

portions of state implementation plan 

(SIP) revisions submitted by California 

to address Clean Air Act (CAA) 

requirements for the 1997 24-hour fine 

particulate matter (PM2.5) national 

ambient air quality standards (NAAQS 

or ‘‘standards’’) in the San Joaquin 

Valley PM2.5 nonattainment area. 

Specifically, the EPA is approving all 

but the contingency measures element 

of the submitted SIP revisions as 

meeting all applicable ‘‘Serious’’ area 

and CAA section 189(d) requirements 

for the 1997 24-hour PM2.5 NAAQS and 

is disapproving the contingency 

measures element. The EPA is also 


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