Federal Register / Vol. 87, No. 8 / Wednesday, January 12, 2022 / Rules and Regulations 1683 

8 In deciding whether to invoke the exception by 

making and publishing a finding that this final 

action is based on a determination of nationwide 

scope or effect, the Administrator has also taken 

into account a number of policy considerations, 

including his judgment balancing the benefit of 

obtaining the D.C. Circuit’s authoritative centralized 

review versus allowing development of the issue in 

other contexts and the best use of Agency resources. 

9 In the report on the 1977 Amendments that 

revised section 307(b)(1) of the CAA, Congress 

noted that the Administrator’s determination that 

the ‘‘nationwide scope or effect’’ exception applies 

would be appropriate for any action that has a 

scope or effect beyond a single judicial circuit. See 

H.R. Rep. No. 95–294 at 323, 324, reprinted in 1977 

U.S.C.C.A.N. 1402–03. 

in response to findings of substantial 

inadequacy under section 110(k)(5) of 

the CAA and does not directly or 

disproportionately affect children. 

I. 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. 

J. National Technology Transfer and 

Advancement Act (NTTAA) 

This final action does not involve 

technical standards. 

K. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes this action will not 

have potential disproportionately high 

and adverse human health or 

environmental effects on minority, lowincome, or indigenous populations. In 

finding that several air agencies have 

failed to submit SIP revisions in 

response to findings of substantial 

inadequacy under section 110(k)(5) of 

the CAA, this action does not directly 

affect the level of protection provided to 

human health or the environment. 

L. 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). 

M. Judicial Review 

Section 307(b)(1) of the CAA governs 

judicial review of final actions by the 

EPA. This section provides, in part, that 

petitions for review must be filed in the 

United States Court of Appeals for the 

District of Columbia Circuit: (i) When 

the agency action consists of ‘‘nationally 

applicable regulations promulgated, or 

final actions taken, by the 

Administrator,’’ or (ii) when such action 

is locally or regionally applicable, but 

‘‘such action is based on a 

determination of nationwide scope or 

effect and if in taking such action the 

Administrator finds and publishes that 

such action is based on such a 

determination.’’ For locally or regionally 

applicable final actions, the CAA 

reserves the EPA complete discretion 

whether to invoke the exception in (ii). 

This final action is ‘‘nationally 

applicable’’ within the meaning of CAA 

section 307(b)(1). In the alternative, to 

the extent a court finds this final action 

to be locally or regionally applicable, 

the Administrator is exercising the 

complete discretion afforded to him 

under the CAA to make and publish a 

finding that this action is based on a 

determination of ‘‘nationwide scope or 

effect’’ within the meaning of CAA 

section 307(b)(1).8 This final action 

consists of findings of failure to submit 

required SIPs from areas within 10 

states and the District of Columbia, 

located in 8 of the 10 EPA regions, and 

in 8 different federal judicial circuits.9

This final action is also based on a 

common core of factual findings 

concerning the receipt and 

completeness of the relevant SIP 

submittals. For these reasons, this final 

action is nationally applicable or, 

alternatively, the Administrator is 

exercising the complete discretion 

afforded to him by the CAA and hereby 

finds that this final action is based on 

a determination of nationwide scope or 

effect for purposes of CAA section 

307(b)(1) and is hereby publishing that 

finding in the Federal Register. 

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 District of 

Columbia Circuit within 60 days from 

the date this final action is published in 

the Federal Register. Filing a petition 

for reconsideration by the Administrator 

of this final action does not affect the 

finality of the action for the purposes of 

judicial review, nor does it extend the 

time within which a petition for judicial 

review must be filed, and shall not 

postpone the effectiveness of such rule 

or action. 

Janet G. McCabe, 

Deputy Administrator. 

[FR Doc. 2022–00138 Filed 1–11–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0438; FRL–8773–02– 

R9] 

Limited Approval and Limited 

Disapproval of California Air Quality 

Implementation Plan Revisions; 

Amador Air District; Stationary Source 

Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing a limited 

approval and limited disapproval of a 

revision to the Amador Air District’s 

(AAD or ‘‘District’’) portion of the 

California State Implementation Plan 

(SIP). This revision governs the 

District’s issuance of permits for 

stationary sources, and focuses on the 

preconstruction review and permitting 

of major sources and major 

modifications under part D of title I of 

the Clean Air Act (CAA or ‘‘Act’’). 

Under the authority of the CAA, this 

action simultaneously approves a local 

rule that regulates these emission 

sources and directs the District to 

correct rule deficiencies. 

DATES: This rule is effective February 

11, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket No. 

EPA–R09–OAR–2021–0438. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., 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 through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 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: 

Amber Batchelder, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105; by phone: (415) 947–4174, or by 

email to batchelder.amber@epa.gov. 


lotter on DSK11XQN23PROD with RULES1
1684 Federal Register / Vol. 87, No. 8 / Wednesday, January 12, 2022 / Rules and Regulations 

1The submittal was transmitted to the EPA via a 

letter from the California Air Resources Board dated 

October 31, 2019. 

2We note that the EPA recently adopted a rule 

known as the NSR Error Corrections Rule, effective 

August 18, 2021, which corrected minor, 

inadvertent, and non-substantive errors in 40 CFR 

parts 51 and 52, which govern NSR permitting 

programs, and updated the regulatory text to reflect 

statutory changes and certain court decisions 

vacating elements of the regulatory text, but did not 

change the requirements within these programs. See 

86 FR 37918 (July 19, 2021). States have discretion 

as to when to make the changes in this rule and may 

choose to combine them with other SIP submittals. 

See 86 FR 37918, 37923–24. Accordingly, this 

recent rulemaking does not affect our final action. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we’’ and 

‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On August 23, 2021 (86 FR 47046), 

the EPA proposed a limited approval 

and limited disapproval of the following 

rule that was submitted for 

incorporation into the California SIP. 

TABLE 1—SUBMITTED RULE

Local agency Rule No. Rule title Adopted Submitted 1

AAD ........................................ 400 NSR Requirements for New and Modified Major Sources in 

Nonattainment Areas.

08/20/19 11/05/19 

We proposed a limited approval 

because we determined that this rule 

improves the SIP and is largely 

consistent with the relevant CAA 

requirements. We simultaneously 

proposed a limited disapproval because 

some rule provisions do not fully satisfy 

the relevant requirements for 

preconstruction review and permitting 

under section 110 and part D of the Act. 

First, Section 4.5 of Rule 400 allows the 

District to approve interprecursor 

trading (IPT) of ozone precursors to 

satisfy emission offset requirements, 

provided certain conditions are 

satisfied. However, on January 29, 2021, 

the D.C. Circuit Court of Appeals in 

Sierra Club v. EPA, 984 F.3d 1055, 

issued a decision holding that the CAA 

does not allow IPT for ozone precursors 

and vacating the provisions in the EPA’s 

Nonattainment New Source Review 

(NSR) regulations allowing IPT for 

ozone precursors. In light of the Court’s 

decision, the provision in Section 4.5 

allowing for IPT for ozone precursors is 

no longer permissible. Second, Section 

9.1(b)(iii) of Rule 400 fails to reference 

Section 7.4 (Relaxation in Enforceable 

Limitations). This apparent 

typographical error creates a deficiency 

in Section 9.1(b)(iii) of the rule, because 

it suggests that the source and the 

District need not adhere to the general 

requirements for establishing Plant-wide 

Applicability Limitations (PALs) in 

Section 9.4, which are required by 40 

CFR 51.165(f)(4). Third, due to an 

apparent typographical error, Section 

9.5 of the rule does not require the 

District to implement the public 

participation provisions of Section 8 for 

purposes of processing a request for a 

PAL to be established, renewed or 

increased in accordance with 40 CFR 

51.165(f)(5). Therefore, the provisions of 

Section 9.5 are deficient. This error also 

causes a related deficiency in Sections 

9.4(a)(ii), 9.8(b)(iii), 9.10(a), and 9.11(c), 

because these rule sections crossreference Section 9.5, which refers to 

the wrong section of the rule for public 

participation requirements. Fourth, 

Section 9.10(d)(i) references Section 9.5 

when it should reference Section 9.6. 

This error appears typographical in 

nature. However, this error creates a 

deficiency because it does not provide 

the correct reference for how to perform 

the emissions level calculation in 

accordance with 40 CFR 

51.165(f)(10)(iv)(A). Fifth, Section 

9.12(a)(iii) includes a reference to 

Section 7.12 of the rule (which does not 

exist), instead of Section 9.12. This 

apparent typographical error creates a 

deficiency in Section 9.12(a)(iii), 

because it does not include the 

requirement to comply with the 

provisions of Section 9.12 in accordance 

with 40 CFR 51.165(f)(12)(i)(C).2

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, no comments were 

submitted on our proposal. 

III. EPA Action 

No comments were submitted on our 

proposal. Therefore, as authorized in 

sections 110(k)(3) and 301(a) of the Act, 

the EPA is finalizing a limited approval 

of the submitted rule. This action 

incorporates the submitted rule into the 

California SIP, including those 

provisions identified as deficient. As 

authorized under section 110(k)(3) and 

301(a), the EPA is simultaneously 

finalizing a limited disapproval of the 

rule. 

As a result, the EPA must promulgate 

a federal implementation plan (FIP) 

under section 110(c) unless we approve 

subsequent SIP revisions that correct the 

rule deficiencies within 24 months. 

In addition, the offset sanction in 

CAA section 179(b)(2) will be imposed 

18 months after the effective date of this 

action, and the highway funding 

sanction in CAA section 179(b)(1) six 

months after the offset sanction is 

imposed. Sanctions will not be imposed 

if the EPA determines that a subsequent 

SIP submission corrects the identified 

deficiencies before the applicable 

deadline. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the rule 

listed in Table 1 of this preamble. The 

EPA has made, and will continue to 

make, these documents 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). 

V. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive orders can be 

found at https://www.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 was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 


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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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