3736 Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Proposed Rules 

performance of any representations or 

commitments made to the Director by a 

parent or affiliate of the operator or 

professional services provider). 

§ 52.36 What access does the Comptroller 

General have to records kept by operators 

and professional services providers? 

The Comptroller General of the 

National Park Service, or an authorized 

representative of the Comptroller 

General, may access and examine all 

pertinent records, books, documents, 

and papers of the operator, professional 

services provider, and any 

subcontractor, parent, or affiliate of the 

operator or professional services 

provider (but with respect to parents 

and affiliates, only to the extent 

necessary to confirm the validity and 

performance of any representations or 

commitments made to the Director by a 

parent or affiliate of the operator or 

professional services provider) going 

back five years from the closing date of 

the last fiscal year of the operator or 

professional service provider. 

Subpart E—Miscellaneous 

§ 52.40 Does this part affect concession 

contracts under part 51 of this chapter? 

No, nothing in this part modifies the 

terms or conditions of any existing 

concession contract or the ability of the 

Director to enter into concession 

contracts under part 51 of this chapter. 

The 1998 Act (as that term is defined in 

part 51 of this chapter) remains in effect. 

§ 52.41 Does the VEIA expire? 

Yes. The Director may not award a 

contract under the VEIA after December 

16, 2023. 

§ 52.42 Severability. 

A determination that any provision of 

this part is unlawful will not affect the 

validity of the remaining provisions. 

Shannon A. Estenoz, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2022–01254 Filed 1–24–22; 8:45 am] 

BILLING CODE 4312–52–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0846; FRL–9304–01– 

R9] 

Air Plan Approval; California; San 

Joaquin Valley Unified Air Pollution 

Control District; South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) and South Coast Air 

Quality Management District 

(SCAQMD) portions of the California 

State Implementation Plan (SIP). These 

revisions concern emissions of volatile 

organic compounds (VOCs) and oxides 

of nitrogen (NOX) from flares. We are 

proposing to approve these local rules to 

regulate these emission sources under 

the Clean Air Act (CAA or the Act). We 

are taking comments on this proposal 

and plan to follow with a final action. 

DATES: Comments must be received on 

or before February 24, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2021–0846 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: 

Donnique Sherman, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 947–4129 or by 

email at sherman.donnique@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. 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. The EPA’s Recommendations to Further 

Improve the Rules 

D. Public Comment and Proposed Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules addressed by 

this proposal with the dates that they 

were adopted or amended by the local 

air agencies and submitted by the 

California Air Resources Board (CARB) 

to the EPA. 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted/ 

amended Submitted 

SCAQMD ............... 1118.1 .................... Control of Emissions from Non-Refinery Flares ............................. 01/04/2019 04/24/2019 

SJVUAPCD ............ 4311 ....................... Flares .............................................................................................. 12/17/2020 03/12/2021 

Under CAA section 110(k)(1), the EPA 

must determine whether a SIP submittal 

meets the minimum completeness 

criteria established in 40 CFR part 51, 

appendix V for an official SIP submittal 

on which the EPA is obligated to take 

action. If the EPA does not make an 

affirmative determination of 

completeness or incompleteness within 

six months of receipt of a SIP submittal, 

the submittal is deemed to be complete 

by operation of law. The submitted rules 

listed in Table 1 were deemed complete 

by operation of law on the following 

dates: October 24, 2019 (SCAQMD Rule 


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Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Proposed Rules 3737 

1118.1), and September 12, 2021 

(SJVUAPCD Rule 4311). 

B. Are there other versions of these 

rules? 

There are no previous versions of 

SCAQMD Rule 1118.1 in the SIP. 

SCAQMD locally adopted this rule on 

January 4, 2019, and CARB submitted it 

to us on April 24, 2019. 

We approved an earlier version of 

SJVUAPCD Rule 4311 into the SIP on 

November 3, 2011 (76 FR 68106). The 

SJVUAPCD adopted revisions to the 

SIP-approved version on December 17, 

2020, and CARB submitted them to us 

on March 12, 2021. If we take final 

action to approve the December 17, 

2020 version of Rule 4311, this version 

will replace the previously approved 

version of this rule in the SIP. 

C. What is the purpose of the submitted 

rule revisions? 

Emissions of NOX and VOCs 

contribute to the production of groundlevel ozone, which harms human health 

and the environment. Section 110(a) of 

the CAA requires states to submit 

regulations that control NOX emissions. 

The submitted rules set further 

requirements to control NOX and other 

emissions from flares. A description of 

these rules follows, and a more 

complete list of revisions and rule 

discussion can be found in the technical 

support documents (TSDs) and 

submitted district staff reports and rules 

for this rulemaking: 

• SCAQMD Rule 1118.1 was adopted 

to fulfill reasonably available control 

technology (RACT) requirements for 

non-refinery flares and to facilitate the 

transition of the NOX RECLAIM 

(Regional Clean Air Incentives Market) 

program to a command-and-control 

regulatory structure. Rule 1118.1 is 

designed to reduce NOX and VOC 

emissions from non-refinery flares. The 

proposed rule establishes capacity 

thresholds for existing flares and 

emission limits for NOX, VOC, and 

carbon monoxide (CO) for new, 

replaced, or relocated non-refinery 

flares. 

• SJVUAPCD amended Rule 4311 to 

fulfill SJVUAPCD’s control measure 

commitments in their 2018 PM2.5 Plan 

and their 2016 Ozone Plan, for reducing 

flare emissions. SJVUAPCD amended 

Rule 4311 to require owners and 

operators of flares to install Ultra Low 

NOX (ULN) flaring technologies and to 

encourage alternative uses of waste gas. 

Some of the revisions include 

establishing annual throughput 

thresholds that flares must not exceed, 

and adding a compliance schedule for 

meeting annual throughput limits. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rules? 

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). 

Generally, SIP rules must require 

RACT for each major source of NOX in 

ozone nonattainment areas classified as 

moderate or above (see CAA sections 

182(b)(2) and 182(f)). The SCAQMD and 

SJVUAPCD regulate ozone 

nonattainment areas classified as 

Extreme for the 2008 8-hour ozone 

National Ambient Air Quality Standards 

(NAAQS), and the 2015 8-hour ozone 

NAAQS (40 CFR 81.305). Therefore, 

these rules must implement RACT. 

Guidance and policy documents that 

we used to evaluate enforceability, 

revision/relaxation and rule stringency 

requirements for the applicable criteria 

pollutants include the following: 

1. ‘‘State Implementation Plans; 

General Preamble for the 

Implementation of Title I of the Clean 

Air Act Amendments of 1990,’’ 57 FR 

13498 (April 16, 1992); 57 FR 18070 

(April 28, 1992). 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 (the 

Bluebook, revised January 11, 1990). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

B. Do the rules meet the evaluation 

criteria? 

These rules meet CAA requirements 

and are consistent with relevant 

guidance regarding enforceability, 

RACT, and SIP revisions. The TSDs 

have more information on our 

evaluation. 

C. The EPA’s Recommendations To 

Further Improve the Rules 

The TSDs include recommendations 

for the next time the local agencies 

modify their rules. 

D. Public Comment and Proposed 

Action 

As authorized in section 110(k)(3) of 

the Act, the EPA proposes to fully 

approve the submitted rules because 

they fulfill all relevant requirements. 

We will accept comments from the 

public on this proposal until February 

24, 2022. If we take final action to 

approve the submitted rules, our final 

action will incorporate these rules into 

the federally enforceable SIP. 

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 SCAQMD rule and the SJVUAPCD 

rule described in Table 1 of this 

preamble. The EPA has made, and will 

continue to make, these materials 

available through https://

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 Clean Air Act, 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 Clean Air 

Act. 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 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); 


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3738 Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Proposed Rules 

• 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 Clean Air Act; 

and 

• Does not provide the EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, 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 the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, 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 11, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2022–00810 Filed 1–24–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 171 

[EPA–HQ–OPP–2021–0831; FRL–9134.1– 

02–OCSPP] 

RIN 2070–AL01 

Notification of Submission to the 

Secretary of Agriculture; Pesticides; 

Certification of Pesticide Applicators; 

Further Extension to Expiration Date of 

Certification Plans 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notification of submission to 

the Secretary of Agriculture. 

SUMMARY: This document notifies the 

public as required by the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) that the EPA Administrator 

has forwarded to the Secretary of the 

United States Department of Agriculture 

(USDA) a draft proposed rulemaking 

regulatory document concerning 

‘‘Pesticides; Certification of Pesticide 

Applicators; Further Extension to 

Expiration Date of Certification Plans 

(RIN 2070–AL01).’’ The draft regulatory 

document is not available to the public 

until after it has been signed and made 

available by EPA. 

DATES: See Unit I. under SUPPLEMENTARY

INFORMATION. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2021–0831, is 

available at https://

www.regulations.gov. That docket 

contains historical information and this 

Federal Register document; it does not 

contain the draft proposed rule. 

Please note that due to the public 

health concerns related to COVID–19, 

the EPA Docket Center (EPA/DC) and 

Reading Room is open to visitors by 

appointment only. For the latest status 

information on EPA/DC services and 

docket access, visit https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Carolyn Schroeder, Pesticide ReEvaluation Division (7508P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460; 

telephone number: (202) 566–2376; 

email address: schroeder.carolyn@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking? 

FIFRA section 25(a)(2)(A) requires the 

EPA Administrator to provide the 

Secretary of USDA with a copy of any 

draft proposed rule at least 60 days 

before signing it in proposed form for 

publication in the Federal Register. The 

draft proposed rule is not available to 

the public until after it has been signed 

by EPA. If the Secretary of USDA 

comments in writing regarding the draft 

proposed rule within 30 days after 

receiving it, then the EPA Administrator 

shall include the comments of the 

Secretary of USDA and the EPA 

Administrator’s response to those 

comments with the proposed rule that 

publishes in the Federal Register. If the 

Secretary of USDA does not comment in 

writing within 30 days after receiving 

the draft proposed rule, then the EPA 

Administrator may sign the proposed 

rule for publication in the Federal 

Register any time after the 30-day 

period. 

II. Do any statutory and Executive 

Order reviews apply to this 

notification? 

No. This document is merely a 

notification of submission to the 

Secretary of USDA. As such, none of the 

regulatory assessment requirements 

apply to this document. 

List of Subjects in Part 171 

Environmental protection, Applicator 

competency, Agricultural worker safety, 

Certified applicator, Pesticide safety 

training, Pesticide worker safety, 

Pesticides and pests, Restricted use 

pesticides. 

Dated: January 19, 2022. 

Michal Freedhoff, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

[FR Doc. 2022–01289 Filed 1–24–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 282 

[EPA–R04–UST–2020–0696; FRL: 9057–01– 

R4] 

Commonwealth of Kentucky: 

Codification and Incorporation by 

Reference of Approved State 

Underground Storage Tank Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Resource Conservation 

and Recovery Act of 1976 (RCRA), as 

amended, authorizes the Environmental 

Protection Agency (EPA) to grant 

approval to states to operate their 

underground storage tank (UST) 

programs in lieu of the Federal program. 

The Commonwealth of Kentucky 

(Commonwealth or State) applied to the 

EPA for final approval to its UST 

Program on October 7, 2019, and on 

September 16, 2020, the EPA published 

a final determination and approval of 

the Commonwealth’s UST Program. 

This action proposes to codify the EPA’s 

prior approval of the Commonwealth’s 

UST Program and to incorporate by 

reference approved provisions of the 

Commonwealth’s statutes and 

regulations. 

DATES: Comments on this proposed rule 

must be received on or before February 

24, 2022. 

ADDRESSES: Comments may be 

submitted by one of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov (our 


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