Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations 2719 

to offenses committed on or after November 

1, 1987), 5006–5024 (Repealed October 12, 

1984 as to offenses committed after that 

date), 5039; 28 U.S.C. 509, 510. 

■ 4. Amend § 541.3 in paragraph (b), 

Table 1, by: 

■ a. Under the heading ‘‘Available 

Sanctions for Greatest Severity Level 

Prohibited Acts’’, adding the entry B.2 

in alphanumeric order; 

■ b. Under the heading ‘‘Available 

Sanctions for High Severity Level 

Prohibited Acts’’, adding the entry B.2 

in alphanumeric order; 

■ c. Under the heading ‘‘Available 

Sanctions for Moderate Severity Level 

Prohibited Acts’’, adding the entry B.2 

in alphanumeric order; and 

■ d. Under the heading ‘‘Available 

Sanctions for Low Severity Level 

Prohibited Acts’’, adding the entry B.2 

in alphanumeric order. 

The additions read as follows: 

§ 541.3 Prohibited acts and available 

sanctions. 

* * * * * 

(b) * * * 

TABLE 1—PROHIBITED ACTS AND AVAILABLE SANCTIONS

*******

Available Sanctions for Greatest Severity Level Prohibited Acts 

*******

B.2 ........................... Forfeit up to 41 days of earned First Step Act (FSA) Time Credits (see 28 CFR part 523, subpart E) for each prohibited 

act committed. 

* * * * * * * 

Available Sanctions for High Severity Level Prohibited Acts 

*******

B.2 ........................... Forfeit up to 27 days of earned FSA Time Credits for each prohibited act committed. 

*******

Available Sanctions for Moderate Severity Level Prohibited Acts 

*******

B.2 ........................... Forfeit up to 14 days of earned FSA Time Credits for each prohibited act committed. 

*******

Available Sanctions for Low Severity Level Prohibited Acts 

*******

B.2 ........................... Forfeit up to 7 days of earned FSA Time Credits (only where the inmate is found to have committed a second violation of 

the same prohibited act within 6 months; forfeit up to 14 days of FSA Time Credits (only where the inmate is found to 

have committed a third violation of the same prohibited act within 6 months). 

* * * * * * * 

* * * * * 

■ 5. Amend § 541.7 by revising 

paragraph (f) to read as follows: 

§ 541.7 Unit Discipline Committee (UDC) 

review of the incident report. 

* * * * * 

(f) Sanctions. If you committed a 

prohibited act or prohibited acts, the 

UDC can impose any of the available 

sanctions in Tables 1 and 2 of § 541.3, 

except loss of good conduct time credit, 

FSA Time Credits, disciplinary 

segregation, or monetary fines. 

[FR Doc. 2022–00918 Filed 1–14–22; 4:15 pm] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2021–0535; FRL–9444–02– 

R5] 

Air Plan Approval; Wisconsin; 

Wisconsin Nonattainment New Source 

Review Certification for the 2015 

Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving, as a State 

Implementation Plan (SIP) revision, 

Wisconsin’s certification that its SIP 

satisfies the nonattainment new source 

review (NNSR) requirements of the 

Clean Air Act (CAA) for the 2015 ozone 

National Ambient Air Quality Standard 

(NAAQS). 

DATES: This direct final rule will be 

effective March 21, 2022, unless EPA 

receives adverse comments by February 

18, 2022. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2021–0535 at http://

www.regulations.gov or via email to 

damico.genevieve@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 


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1See 60 FR 3538. 2See 73 FR 76560. 

comments cannot be edited or removed 

from Regulations.gov. For either manner 

of submission, 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. 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 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Rineheart, Environmental 

Engineer, Air Permit Section, Air 

Programs Branch (AR18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–7017, 

rineheart.rachel@epa.gov. The EPA 

Region 5 office 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. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. What is EPA’s evaluation of 

Wisconsin’s submittal? 

A. Background 

On July 27, 2021, Wisconsin 

submitted a SIP revision requesting that 

EPA approve Wisconsin’s certification 

that its existing SIP-approved NNSR 

regulations fully satisfy the NNSR 

requirements set forth in 40 CFR 51.165 

for all areas not attaining the 2015 

Ozone NAAQS. Wisconsin has certified 

that specific sections of its NNSR rules 

at NR 408 continue to meet the NNSR 

requirements for ozone nonattainment 

areas under the 2015 ozone NAAQS. 

Table 1 below provides the sections of 

Wisconsin’s NNSR rule corresponding 

to the relevant requirements at 40 CFR 

51.165. NR 408 was originally approved 

into the SIP effective February 17, 

1995,1 with revisions subsequently 

approved into the SIP effective January 

16, 2009.2 Each requirement identified 

in Wisconsin’s certification has not been 

revised since EPA last approved it. 

Table 1 lists the specific provisions of 

Wisconsin’s NNSR rules that address 

the required elements of the Federal 

NNSR rules: 

TABLE 1—REQUIRED ELEMENTS

Federal rule Wisconsin rule 

40 CFR 51.165(a)(1)(iv)(A)(1)(i)–(iv) ........................................................ NR 408.02(21), NR 408.02(21)(a)(1)(b), (c), (d), and (e). 

40 CFR 51.165(a)(1)(iv)(A)(2) .................................................................. NR 408.02(21)(b), NR 408.02(21)(b)(1)(a)–(c), and NR 

408.02(21)(b)(2)–(4). 

40 CFR 51.165(a)(1)(iv)(A)(3) .................................................................. NR 408.02(21)(a)(3). 

40 CFR 51.165(a)(1)(v)(E) ....................................................................... NR 408.02(20)(c). 

40 CFR 51.165(a)(1)(v)(F) ....................................................................... NR 408.02(20)(a). 

40 CFR 51.165(a)(1)(x)(A) ....................................................................... NR 408.02(32)(a) and NR 408.02(32)(a)(6). 

40 CFR 51.165(a)(1)(x)(B) ....................................................................... NR 408.02(32)(c). 

40 CFR 51.165(a)(1)(x)(C) ....................................................................... NR 408.02(32)(f) and NR 408.03(5). 

40 CFR 51.165(a)(1)(x)(E) ....................................................................... NR 408.02(32)(d). 

40 CFR 51.165(a)(3)(ii)(C)(1) ................................................................... NR 408.06(7)(a), NR 408.06(7)(a)(1), and NR 408.06(7)(a)(4). 

40 CFR 51.165(a)(3)(ii)(C)(2) ................................................................... NR 408.06(7)(b). 

40 CFR 51.165(a)(8) ................................................................................ NR 408.03(5). 

40 CFR 51.165(a)(9)(ii)–(iv) ..................................................................... NR 408.06(4)(a)–(e), NR 408.06(5), and NR 408.05(2)(b). 

B. Analysis of Wisconsin’s NNSR Rules 

For the following reasons, we are 

approving Wisconsin’s certification that 

NR 408 is consistent with 40 CFR 

51.165 and meets the requirements of 

CAA sections 110(a)(2), 172(c)(5), 173, 

182(a)(4), and 182(b)(5) under the 2015 

ozone standard. 

1. Major Source Thresholds for Ozone— 

40 CFR 51.165(a)(1)(iv)(A)(1)(i)–(iv) and 

(2) 

The major source thresholds for both 

volatile organic compounds (VOC) and 

nitrogen oxides (NOX) (i.e., ozone 

precursors) are defined in 40 CFR 

51.165(a)(1)(iv)(A)(1)(i)–(iv) and (2). The 

applicable thresholds vary depending 

on the classification of the ozone 

nonattainment area. Different emissions 

thresholds apply for Marginal, 

Moderate, Serious, Severe and Extreme 

ozone nonattainment areas and for areas 

located in an ozone transport region 

(OTR). 

Wisconsin has certified that the 

Federal requirements for major source 

thresholds for VOC and NOX are 

addressed by NR 408.02(21). Under NR 

408.02(21)(a), for an area designated as 

nonattainment for ozone, a major 

stationary source is a stationary source 

which emits or has the potential to emit 

VOC in an amount equal to or greater 

than (1) 100 tons per year in an area 

classified as marginal or moderate 

nonattainment for ozone (NR 

408.02(21)(a)(1); (2) 50 tons per year of 

VOC in an area designated as serious 

nonattainment for ozone (NR 

408.02(21)(a)(1)(b)); (3) 25 tons per year 

of VOC in an area designated as severe 

for ozone (NR 408.02(21)(a)(1)(d)); and 

(4) 10 tons per year of VOC in an area 

designated as extreme for ozone (NR 

408.02(21)(a)(1)(e)). Under NR 

408.02(21)(b), for an area designated as 

nonattainment for ozone, a major 

stationary source is a stationary source 

which emits or has the potential to emit 

NOX in an amount equal to or greater 

than (1) 100 tons per year in an area 

classified as marginal or moderate 

nonattainment for ozone (NR 

408.02(21)(b)(1)(a)); (2) 50 tons per year 

in an area classified as serious 

nonattainment for ozone (NR 

408.02(21)(b)(2)); (3) 25 tons per year in 

an area classified as severe 

nonattainment for ozone (NR 

408.02(21)(b)(3)); and (4) 10 tons per 

year in an area classified as extreme 


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3Wisconsin does not currently have any extreme 

ozone nonattainment areas. 

nonattainment for ozone (NR 

408.02(21)(b)(4)). 

Wisconsin’s thresholds are consistent 

with the Federal thresholds; therefore, 

we find that Wisconsin’s NNSR 

provisions at NR 408.02(21) satisfy the 

requirements of 40 CFR 

51.165(a)(1)(iv)(A)(1)(i)–(iv) and (2). 

2. Change Constitutes Major Source by 

Itself—40 CFR 51.165(a)(1)(iv)(A)(3) 

Under 40 CFR 51.165(a)(1)(iv)(A)(3), 

any physical change that would occur at 

a stationary source not qualifying as 

major stationary source becomes a major 

stationary source if the change would 

constitute a major stationary source by 

itself. Wisconsin has certified that the 

requirement is addressed by NR 

408.02(21)(a)(3) which states that a 

major source includes any physical 

change that would occur at a stationary 

source not qualifying under subd. 1. or 

2. as a major source, if the change would 

constitute a major source by itself. 

Wisconsin’s provisions are consistent 

with Federal provisions; therefore, we 

find that the Wisconsin SIP at NR 

408.02(21)(a)(3) satisfies the 

requirements of 40 CFR 

51.165(a)(1)(iv)(A)(3). 

3. Significant Net Emissions Increase of 

NOX

Under 40 CFR 51.165(a)(1)(v)(E), any 

significant net emissions increase of 

NOX is considered significant for ozone. 

Wisconsin has certified that this 

requirement is addressed by NR 

408.02(20)(c), which provides that any 

significant net emissions increase of 

NOX is considered significant for ozone 

in addition to any separate requirements 

for nitrogen oxides. Wisconsin’s 

provisions at NR 408.02(20)(c) are 

consistent with the Federal 

requirements at 40 CFR 

51.165(a)(1)(v)(E); therefore, we find 

that NR 408.02(20)(c) satisfies the 

requirements of 40 CFR 51. 

165(a)(1)(v)(E). 

4. Any Emissions Change in an Extreme 

Area Triggers NNSR—40 CFR 

51.165(a)(1)(v)(F) 

Under 40 CFR 51.165(a)(1)(v)(F), any 

physical change in, or change in the 

method of operation of, a major 

stationary source of VOC that results in 

any increase in emissions of VOC from 

any discrete operation, emissions unit, 

or other pollutant emitting activity at 

the source shall be considered a 

significant net emissions increase and a 

major modification for ozone, if the 

major stationary source is located in an 

extreme ozone nonattainment are that is 

subject to CAA title 1, part D, subpart 

2. Wisconsin has certified that this 

requirement is addressed by NR 

408.02(20)(a). NR 408.02(20)(a) provides 

that any physical change, or change in 

the method of operation of a major 

source of VOCs located in an extreme 

nonattainment area for ozone which 

results in any increase in emissions of 

VOCs from any discrete operation, 

emissions unit or other pollutant 

emitting activity at the source shall be 

considered a major modification for 

ozone. Wisconsin’s provision at NR 

408.02(20)(a) is consistent with the 

Federal requirements of 40 CFR 

51.165(a)(1)(v)(F); therefore, we find 

that NR 408.02(20)(a) satisfies the 

requirements of 40 CFR 

51.165(a)(1)(v)(F).3

5. Significant Emission Rates for VOC 

and NOX

Under 40 CFR 51.165(a)(1)(x)(A), (B) 

and (E), the significant emission rate for 

ozone is 40 tons per year of VOC or 

NOX, except that the significant 

emission rate in serious or severe 

nonattainment areas shall be 25 tons per 

year. Under 40 CFR 51.165(a)(1)(x)(E), 

any increase in actual emissions of VOC 

from any emissions unit at a major 

stationary source of VOC located in an 

extreme ozone nonattainment area shall 

be considered a significant net 

emissions increase. 

Wisconsin has certified that NR 

408.02(32)(a), (c), (d) and (f) satisfy 

these requirements. NR 408.02(32)(a) 

defines significant emission rates for 

NOX of 40 tons per year and for ozone 

of 40 tons per year of VOC. NR 

408.02(32)(c) defines significant for 

serious and severe ozone nonattainment 

areas as 25 tons per year of VOC. NR 

408.02(32)(d) states that any increase in 

VOC emissions at a major source of VOC 

in an extreme ozone nonattainment area 

is considered significant. NR 

408.02(32)(f) states that for purposes of 

applying NR 408.03(5) (major NSR 

applicability) to major sources of NOX

located in ozone nonattainment areas, 

the significant emission rates and other 

requirements for VOC shall apply to 

NOX emissions. These provisions satisfy 

the requirements of 40 CFR 

51.165(a)(1)(x)(A)–(C) and (E) with 

respect to VOC emissions. While the 

significant emission rate for ozone in 

NR 408.02(32)(a) does not specifically 

include NOX, Wisconsin has certified 

that other provisions ensure NOX would 

also be subject to the 40 tons per year 

significance rate for ozone. NR 408.03(2) 

provides that the NNSR requirements 

shall apply to any new source or major 

modification that is major for the 

pollutant, or precursor of the pollutant, 

for which the area is designated as 

nonattainment. Therefore, a major 

modification of NOX in an ozone 

nonattainment area would trigger NNSR 

requirements for ozone. EPA finds that 

NR 408.02(32)(a), (c), (d) and (f) in 

conjunction with NR 408.03(2) satisfy 

the requirements of 40 CFR 

51.165(a)(1)(x)(A)–(C) and (E). 

6. Provisions for Emissions Reduction 

Credits—40 CFR 51.165(a)(3)(ii)(C)(1)– 

(2) 

Under 40 CFR 51.165(a)(3)(ii)(C)(1) 

and (2), to be considered creditable, 

emission reductions achieved by 

shutting down an existing emission unit 

or curtailing production or operating 

hours must be surplus, permanent, 

quantifiable, and federally enforceable. 

Shutdowns or curtailments must have 

occurred after the last day of the base 

year for the SIP planning process. 

Reviewing authorities may choose to 

consider a prior shutdown or 

curtailment to have occurred after the 

last day of the base year if the projected 

emissions inventory used to develop the 

attainment demonstration explicitly 

includes emissions from the previously 

shutdown or curtailed emissions units, 

but in no event may credit be granted 

for shutdowns that occurred prior to 

August 7, 1977. Shutdown or 

curtailment reductions occurring before 

the last day of the base year for the SIP 

planning process may also be generally 

credited if the shutdown or curtailment 

occurred on or after the date the 

construction permit application is filed 

or if the applicant can establish that the 

proposed new emissions unit is a 

replacement for the shutdown or 

curtailed emission unit and the 

emission reductions that result are 

surplus, permanent, quantifiable, and 

federally enforceable. Wisconsin 

certified that the requirements of NR 

408.06(7)(a), NR 408.06(7)(a)(1), NR 

408.06(7)(a)(4), and NR 408.06(7)(b) 

satisfy these requirements. 

NR 408.06(7)(a) states that emissions 

reductions achieved by shutting down 

an existing source or curtailing 

production or operating hours below 

baseline levels may be generally 

credited if (1) The reductions are 

surplus, permanent, quantifiable and 

federally enforceable . . . (4) The 

shutdown or curtailment occurs on or 

after the date specified for this purpose 

in the state implementation plan, and if 

the date specified is on or after the date 

of the most recent emissions inventory 

used in the plan’s demonstration of 

attainment. The Wisconsin Department 

of Natural Resources (WDNR) may 

consider a prior shutdown or 


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curtailment to have occurred after the 

date of its most recent emissions 

inventory, if the inventory explicitly 

includes as current existing emissions 

the emissions from the previously shut 

down or curtailed sources. However, no 

credit is available for shutdowns which 

occurred prior to August 7, 1977. NR 

408.06(7)(b) states that the emission 

reductions described in par. (a) may be 

credited in the absence of an EPA 

approved SIP only if the shutdown or 

curtailment occurs on or after the date 

the construction permit application is 

filed or if the applicant can establish 

that the proposed new source is a 

replacement for the shut down or 

curtailed source, and the cutoff date 

provisions of par. (a)4. are observed. 

EPA finds these provisions to be 

consistent with the Federal 

requirements; therefore, we find that the 

provisions of NR 408.06(7)(a), NR 

408.06(7)(a)(1), NR 408.06(7)(a)(4) and 

NR 408.06(7)(b) satisfy the requirements 

of 40 CFR 51.165(a)(3)(ii)(C)(1) and (2). 

7. Requirements for VOC Apply to NOX

Under 40 CFR 51.165(a)(8), all 

requirements applicable to major 

stationary sources and major 

modifications of VOC shall apply to 

NOX except where the Administrator 

has granted a NOX waiver applying the 

standards set forth under CAA section 

182(f) and the waiver continues to 

apply. Wisconsin has certified that these 

Federal requirements are satisfied by NR 

408.03(5). NR 408.03(5) states the 

requirements of sections NR 408.04 to 

408.10 applicable to new major sources 

or major modifications of VOC shall 

apply to NOX emissions from new major 

sources or major modifications of NOX, 

except that the requirements do not 

apply if the Administrator determines, 

when the Administrator approves a 

plan, plan revision or petition under 

provisions of section 182(f) of the CAA, 

that the statutory requirements of 

section 182(f) do not apply. We find that 

NR 408.03(5) is consistent with the 

requirements of 40 CFR 51.165(a)(8); 

therefore, we find that the Wisconsin 

SIP satisfies the requirements of 40 CFR 

51.165(a)(8). 

8. Offset Ratios for VOC and NOX

Under 40 CFR 51.165(a)(9)(ii)(A)–(E), 

the VOC offset ratios shall be 1.1:1 in 

marginal ozone nonattainment areas, 

1.15:1 in moderate ozone nonattainment 

areas, 1.2:1 in serious ozone 

nonattainment areas, and 1.3:1 in severe 

ozone nonattainment areas, and 1.5:1 in 

extreme ozone nonattainment areas. NR 

408.06(4) states that in meeting the 

requirements of sub. (3) for ozone 

nonattainment areas classified under 

section 182 of the CAA, the ratio of total 

actual emission reductions of VOCs, and 

NOX, where applicable, to the net 

emissions increase for the same air 

contaminant class shall be as follows: 

(a) In any rural transport or marginal 

nonattainment area for ozone: At least 

1.1 to 1. 

(b) In any moderate nonattainment 

area for ozone: At least 1.15 to 1. 

(c) In any serious nonattainment area 

for ozone: At least 1.2 to 1. 

(d) In any severe nonattainment area 

for ozone: At least 1.3 to 1. 

(e) In any extreme nonattainment area 

for ozone: At least 1.5 to l. 

The offset ratios for both VOC and 

NOX are consistent with 40 CFR 

51.165(a)(9)(ii)(A)–(E); therefore, we 

find that the requirements of NR 

408.06(4) satisfy the requirements of 40 

CFR 51.165(a)(9)(ii)(A)–(E). 

40 CFR 51.165(a)(9)(iv) requires, for 

ozone nonattainment areas subject to 

CAA title 1, part D, subpart 1 but not 

subpart 2, an offset ratio of at least 1:1. 

All of the current ozone nonattainment 

areas in Wisconsin were designated 

pursuant to CAA title 1, part D, subpart 

2, and so this requirement does not 

apply to Wisconsin at this time. 

9. OTR Requirements 

Wisconsin is not located in an OTR, 

and has certified as such. Wisconsin is 

not required to include the OTR 

provisions set forth in 40 CFR 

51.165(a)(1)(iv)(A)(1)(ii), 40 CFR 

51.165(a)(1)(iv)(A)(2)(ii), 40 CFR 

51.165(a)(1)(v)(E), 40 CFR 

51.165(a)(1)(x)(C), 40 CFR 51.165(a)(8), 

and 40 CFR 51.165(a)(9)(iii) in the SIP 

until such time that EPA publishes rules 

that establish Wisconsin as part of the 

OTR. 

10. Anti-Backsliding Provisions—40 

CFR 51.165(a)(12) 

Anti-backsliding provisions are 

designed to ensure that for existing 

ozone nonattainment areas that are 

designated nonattainment for a revised 

and more stringent ozone NAAQS, (1) 

there is protection against degradation 

of air quality (i.e., the areas do not 

‘‘backslide’’), (2) the areas continue to 

make progress toward attainment of the 

new, more stringent NAAQS, and (3) 

there is consistency with the ozone 

NAAQS implementation framework 

outlined in CAA title 1, part D, subpart 

2. See 78 FR 34211 (June 6, 2013). As 

part of the SIP Requirements Rule, EPA 

revoked the 1997 NAAQS for all 

purposes and established antibacksliding requirements for areas that 

remained designated nonattainment for 

the revoked NAAQS. See 80 FR 12265 

(March 6, 2015) and 40 CFR 

51.165(a)(12). Under 40 CFR 

51.165(a)(12), the anti-backsliding 

requirements at 40 CFR 51.1105 apply 

in any area designated nonattainment 

for the 2008 ozone NAAQS and 

designated nonattainment for the 1997 

ozone NAAQS on April 6, 2015. The 

anti-backsliding requirements apply to 

Sheboygan County, which was 

designated as a moderate ozone 

nonattainment area for the 1997 ozone 

NAAQS. Anti-backsliding requirements 

are addressed in documents issued by 

the WDNR pursuant to state statute 

285.23(2), and are included as part of a 

separate SIP action. 

II. What action is EPA taking? 

EPA is approving Wisconsin’s July 27, 

2021, SIP revision addressing the NNSR 

requirements of the 2015 ozone 

NAAQS. EPA has concluded that 

Wisconsin’s submission fulfills the 40 

CFR 51.1314 revision requirement, 

meets the requirements of CAA sections 

110 and 172 and the minimum SIP 

requirements of 40 CFR 51.165. We are 

publishing this action without prior 

proposal because we view this as a 

noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant March 21, 2022 

without further notice unless we receive 

relevant adverse written comments by 

February 18, 2022. If we receive such 

comments, we will withdraw this action 

before the effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. If we do not receive any 

comments, this action will be effective 

March 21, 2022. 

III. 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, 


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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 

• 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: January 12, 2022. 

Debra Shore, 

Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, EPA amends title 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. Section 52.2585 is amended by 

adding paragraph (pp) to read as 

follows: 

§ 52.2585 Control Strategy: Ozone. 

* * * * * 

(pp) NNSR certification. Approval— 

On July 27, 2021, Wisconsin submitted 

a SIP revision certifying that the existing 

SIP-approved nonattainment new 

source review regulations fully satisfy 

the nonattainment new source review 

requirements for all areas not attaining 

the 2015 Ozone NAAQS. 

[FR Doc. 2022–00935 Filed 1–18–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2020–0554; FRL–9297–01– 

R3] 

Approval and Promulgation of Air 

Quality Implementation Plan; 

Delaware; Emissions Statement 

Certification for the 2015 Ozone 

National Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

formally submitted by the Delaware 

Department of Natural Resources and 

Environmental Control (DNREC). The 

revision provides Delaware’s 

certification that its existing emissions 

statement program satisfies the 

emissions statement requirements of the 

Clean Air Act (CAA) for the 2015 ozone 

national ambient air quality standard 

(NAAQS). EPA is approving Delaware’s 

emissions statement program 

certification for the 2015 ozone NAAQS 

as a SIP revision in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective on 

February 18, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2020–0554. 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. 


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