Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Rules and Regulations 2555 

Requirements’’, ‘‘2008 Lead NAAQS 

Infrastructure Requirements’’, ‘‘2008 

Ozone NAAQS Infrastructure 

Requirements’’, ‘‘2010 NO2 NAAQS 

Infrastructure Requirements’’, ‘‘2010 

SO2 NAAQS Infrastructure 

Requirements’’, and ‘‘2012 PM2.5

NAAQS Infrastructure Requirements’’; 

and 

■ b. Removing the entry ‘‘2015 Ozone 

NAAQS Infrastructure Requirements’’. 

The revisions read as follows: 

§ 52.720 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED ILLINOIS NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Name of SIP provision 

Applicable 

geographic or 

nonattainment area 

State submittal date EPA approval date Comments 

*******

Section 110(a)(2) Infrastructure Requirements 

1997 8-hour Ozone 

NAAQS Infrastructure Requirements.

Statewide ............. 12/12/2007 ............... 7/13/2011, 76 FR 41075 .... CAA elements 110(a)(2)(A), (B), (C) with respect to enforcement, (D)(ii), (E) through (H), (J) except for prevention of significant deterioration (PSD), and (K) through (M) have been 

approved. CAA elements 110(a)(2)(C) and (J) with respect to 

PSD have been disapproved. 

1997 PM2.5 NAAQS 

Infrastructure Requirements.

Statewide ............. 12/12/2007 ............... 7/13/2011, 76 FR 41075 .... CAA elements 110(a)(2)(A), (B), (C) with respect to enforcement, (D)(ii), (E) through (H), (J) except for prevention of significant deterioration (PSD), and (K) through (M) have been 

approved. CAA elements 110(a)(2)(C) and (J) with respect to 

PSD have been disapproved. 

2006 24-hour PM2.5

NAAQS Infrastructure Requirements.

Statewide ............. 8/9/2011, supplemented on 8/25/ 

2011, 6/27/2012, 

and 7/5/2017.

9/23/2019, 84 FR 4967 ...... All CAA infrastructure elements under 110(a)(2) have been approved except (D)(i)(I) [Prongs 1 and 2], (D)(ii), and the PSD 

portions of (C), (D)(i)(II) [Prong 3], and (J), which have been 

disapproved. The disapproved elements have Federal Implementation Plans (FIP) in place and no further action is needed. 

2008 Lead NAAQS Infrastructure Requirements.Statewide ............. 12/31/2012 and 7/5/ 

2017.

9/23/2019, 84 FR 49671 .... All CAA infrastructure elements under 110(a)(2) have been approved except (D)(ii), and the PSD portions of (C), (D)(i)(II) 

[Prong 3], and (J), which have been disapproved. The disapproved elements have Federal Implementation Plans (FIP) 

in place and no further action is needed. 

2008 Ozone NAAQS 

Infrastructure Requirements.

Statewide ............. 12/31/2012 and 7/5/ 

2017.

9/23/2019, 84 FR 49671 .... All CAA infrastructure elements under 110(a)(2) have been approved except (D)(i)(I) [Prongs 1 and 2], (D)(ii), and the PSD 

portions of (C), (D)(i)(II) [Prong 3], and (J), which have been 

disapproved. The disapproved elements have Federal Implementation Plans (FIP) in place and no further action is needed. 

2010 NO2 NAAQS Infrastructure Requirements.

Statewide ............. 12/31/2012 and 7/5/ 

2017.

9/23/2019, 84 FR 49671 .... All CAA infrastructure elements under 110(a)(2) have been approved except (D)(ii), and the PSD portions of (C), (D)(i)(II) 

[Prong 3], and (J), which have been disapproved. The disapproved elements have Federal Implementation Plans (FIP) 

in place and no further action is needed. 

2010 SO2 NAAQS Infrastructure Requirements.

Statewide ............. 12/31/2012 and 7/5/ 

2017.

9/23/2019, 84 FR 49671 .... All CAA infrastructure elements under 110(a)(2) have been approved except (D)(ii), and the PSD portions of (C), (D)(i)(II) 

[Prong 3], and (J), which have been disapproved, and (D)(i)(I) 

[Prongs 1 and 2], which have not yet been submitted. The disapproved elements have Federal Implementation Plans (FIP) 

in place and no further action is needed. 

2012 PM2.5 NAAQS 

Infrastructure Requirements.

Statewide ............. 9/29/2017 ................. 6/20/2019, 84 FR 28745 .... Fully approving CAA transport requirements of (D)(i)(I). 

[FR Doc. 2022–00785 Filed 1–14–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2015–0699; FRL–9271–02– 

R5] 

Air Plan Approval; Ohio; Partial 

Approval and Partial Disapproval of 

the Muskingum River SO2

Nonattainment Area Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is partially approving and 

partially disapproving a revision to the 

Ohio State Implementation Plan (SIP) 

intended to provide for attainment of 

the 2010 primary, health-based 1-hour 

sulfur dioxide (SO2) national ambient 

air quality standard (NAAQS or 

‘‘standard’’) for the Muskingum River 

SO2 nonattainment area. This SIP 

revision (hereinafter referred to as the 

Muskingum River SO2 plan or plan) 

includes Ohio’s attainment 

demonstration and other attainment 

planning elements required under the 

Clean Air Act (CAA). By this action, 

EPA is approving the base year 


khammond on DSKJM1Z7X2PROD with RULES
2556 Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Rules and Regulations 

1 86 FR 67885 (November 30, 2021). 2 85 FR 60933 (September 29, 2020). 

emissions inventory and affirming that 

the nonattainment new source review 

requirements for the area have been met. 

EPA is disapproving the attainment 

plan, since the plan relies on, among 

other things, acquisition of a parcel of 

land by a facility located within the 

nonattainment area, Globe Metallurgical 

(Globe), that has not occurred. 

Additionally, EPA is disapproving the 

plan for failing to meet the requirements 

for meeting reasonable further progress 

(RFP) toward attainment of the NAAQS, 

reasonably available control measures/ 

reasonably available control technology 

(RACM/RACT), emission limitations 

and control measures as necessary to 

attain the NAAQS, and contingency 

measures. 

DATES: This final rule is effective on 

February 17, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2015–0699. 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 Gina 

Harrison, Environmental Scientist, at 

(312) 353–6596 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: Gina 

Harrison, Environmental Scientist, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–6956, 

harrison.gina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What actions did EPA propose in this 

SIP submission? 

On November 30, 2021,1 EPA 

proposed to partially approve and 

partially disapprove Ohio’s SO2 plan for 

the Muskingum River area submitted on 

April 3, 2015, and October 13, 2015, and 

supplemented on June 23, 2020, and 

June 1, 2021. Prior to the November 30, 

2021, proposed rule, on September 29, 

2020,2 EPA proposed to approve Ohio’s 

SO2 plan for the Muskingum River area. 

EPA also proposed to approve and 

incorporate by reference Ohio EPA’s 

DFFOs issued to Globe on June 23, 

2020, including emission limits and 

associated compliance monitoring, 

recordkeeping, and reporting 

requirements. In addition, EPA 

proposed to approve the base year 

emissions inventory and to affirm that 

the new source review requirements for 

the area had previously been met. 

EPA’s notice of proposed rulemaking 

provided an explanation of the 

applicable provisions in the CAA and 

the measures and limitations identified 

in Ohio’s attainment plan to satisfy 

these provisions. Ohio’s plan was based 

on, among other things, Globe 

purchasing a tract of property to the 

north of the facility that was modeled to 

be impacted by SO2 emissions from the 

facility. EPA found that the inclusion of 

this property within Globe’s fenceline 

was necessary to demonstrate that no 

violations of the 1-hour SO2 NAAQS 

would occur outside of company 

property. 

On June 1, 2021, EPA learned from 

Ohio EPA that Globe had decided not to 

purchase the land as anticipated by the 

attainment plan. As the attainment 

demonstration relied on the inclusion of 

this property within Globe’s fenceline, 

failure to obtain the land renders the 

attainment demonstration invalid. 

Without a valid attainment 

demonstration, the proposed plan does 

not meet the requirements for meeting 

RFP toward attainment of the NAAQS, 

RACM/RACT, emission limitations and 

control measures as necessary to attain 

the NAAQS, and contingency measures. 

Final action to disapprove the 

attainment demonstration will start 

sanctions and Federal implementation 

plan (FIP) clocks for this area under 

CAA sections 179(a)–(b) and 110(c), 

respectively. Sanctions and FIP clocks 

will be terminated by an EPA 

rulemaking approving a revised 

attainment demonstration. 

II. What is EPA’s response to comments 

received on the proposed rulemaking? 

The proposed action described above 

provided a public comment period that 

closed on December 30, 2021. EPA 

received no comments on the proposed 

action. 

III. What action is EPA taking? 

EPA is approving the base year 

emissions inventory and affirming that 

the new source review requirements for 

the area have been met. EPA is 

disapproving Ohio’s attainment 

demonstration for the Muskingum River 

SO2 nonattainment area, as well as the 

requirements for meeting RFP toward 

attainment of the NAAQS, RACM/ 

RACT, emission limitations and control 

measures as necessary to attain the 

NAAQS, and contingency measures. 

This disapproval starts sanctions 

clocks for this area under CAA section 

179(a)–(b), including a requirement for 

2-for-1 offsets for any major new sources 

or major modifications 18 months after 

the effective date of this action, and 

highway funding sanctions 6 months 

thereafter, as well as initiate an 

obligation for EPA to promulgate a FIP 

within 24 months, under CAA section 

110(c), unless in the meantime EPA has 

approved a plan that satisfies the 

requirements that EPA is finding 

unsatisfied. Ohio has committed to 

submit a supplemental submittal 

addressing EPA’s concerns. Evaluation 

of such submittal would take place in a 

subsequent action. 

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 

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 

partially approves and partially 

disapproves 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); 


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Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Rules and Regulations 2557 

• 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 

• 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 21, 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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: January 11, 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 § 52.1870, the table in paragraph 

(e) is amended under the heading 

‘‘Summary of Criteria Pollutant 

Attainment Plans’’ by adding an entry 

for ‘‘SO2 (2010)’’ after the entry for ‘‘SO2

(2010)’’ (with a State date of 2/16/2017) 

to read as follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Title 

Applicable 

geographical or 

non-attainment 

area 

State date EPA approval Comments 

*******

Summary of Criteria Pollutant Attainment Plans 

*******

SO2 (2010) .................. Muskingum River ........ 6/23/2020 1/18/2022, [INSERT FEDERAL REGISTER CITATION].

EPA is approving only the emissions inventory 

and nonattainment NSR elements. 

* * * * * * * 

■ 3. Section 52.1873 is amended by 

adding paragraph (b) to read as follows: 

§ 52.1873 Approval status. 

* * * * * 

(b) The Administrator disapproves 

Ohio’s attainment demonstration, 

submitted on April 3, 2015, and October 

13, 2015, and supplemented on June 23, 

2020, and June 1, 2021, for the 

Muskingum River SO2 nonattainment 

area. 

[FR Doc. 2022–00784 Filed 1–14–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[RTID 0648–XB717] 

Fisheries of the Northeastern United 

States; Summer Flounder Fishery; 

Retroactive Quota Transfer From MA 

to CT 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of quota transfer. 

SUMMARY: NMFS announces that the 

Commonwealth of Massachusetts is 

transferring a portion of its 2021 

commercial summer flounder quota to 

the State of Connecticut. This 

retroactive adjustment to the 2021 

fishing year quota is necessary to 

comply with the Summer Flounder, 

Scup, and Black Sea Bass Fishery 

Management Plan quota transfer 

provisions. This announcement informs 

the public of the retroactively revised 


khammond on DSKJM1Z7X2PROD with RULES