4812 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Rules and Regulations 

on tribal governments or preempt tribal 

law as specified by Executive Order 

13175. Nonetheless, the EPA notified 

the San Carlos Apache Tribe of the San 

Carlos Reservation, which borders the 

eastern boundary of the Hayden Pb and 

Hayden SO2 NAAs, of 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 the effect of this action is to 

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 rule 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) 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The 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. The documentation for this 

decision is contained in section III of 

this document. The docket for this 

rulemaking action includes a summary 

of environmental justice indicators for 

communities in the Hayden and Miami 

areas obtained using the EPA’s 

EJSCREEN tool. 

K. Congressional Review Act 

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. The 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 April 1, 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, 

Lead, Pollution, Sulfur dioxide. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: January 21, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

For the reasons stated in the 

preamble, the EPA amends chapter I, 

title 40 of the Code of Federal 

Regulations 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 D—Arizona 

■ 2. Section 52.125 is amended by 

adding paragraph (h) to read as follows: 

§ 52.125 Control strategy and regulations: 

Sulfur Oxides 

* * * * * 

(h) Effective March 2, 2022, the EPA 

has determined that the Hayden and 

Miami nonattainment areas failed to 

attain the 2010 1-hour primary sulfur 

dioxide (SO2) national ambient air 

quality standards (NAAQS) by the 

applicable attainment date of October 4, 

2018. This determination triggers the 

requirements of CAA section 179(d) for 

the State of Arizona to submit a revision 

to the Arizona SIP for the Hayden and 

Miami nonattainment areas to the EPA 

by January 31, 2023. The SIP revision 

must, among other elements, provide for 

attainment of the 1-hour primary SO2

NAAQS in the Hayden and Miami SO2

NAAs as expeditiously as practicable 

but no later than January 31, 2027. 

■ 3. Section 52.127 is added to read as 

follows: 

§ 52.127 Control strategy and regulations: 

Lead. 

(a) Effective March 2, 2022, the EPA 

has determined that the Hayden 

nonattainment area failed to attain the 

2008 primary and secondary lead (Pb) 

national ambient air quality standards 

(NAAQS) by the applicable attainment 

date of October 3, 2019. This 

determination triggers the requirements 

of CAA section 179(d) for the State of 

Arizona to submit a revision to the 

Arizona SIP for the Hayden 

nonattainment area to the EPA by 

January 31, 2023. The SIP revision must, 

among other elements, provide for 

attainment of the 2008 Pb NAAQS in 

the Hayden Pb NAA as expeditiously as 

practicable but no later than January 31, 

2027. 

(b) [Reserved] 

[FR Doc. 2022–01595 Filed 1–28–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R07–OAR–2021–0667; FRL–9105–02– 

R7] 

Air Plan Approval; Missouri 

Redesignation Request and 

Associated Maintenance Plan for the 

Jackson County 2010 SO2 1-Hour 

NAAQS Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On February 18, 2021, the 

State of Missouri submitted a request for 

the Environmental Protection Agency 

(EPA) to redesignate the Jackson 

County, Missouri, 2010 1-hour sulfur 

dioxide (SO2) National Ambient Air 

Quality Standard (NAAQS) 

nonattainment area to attainment and 

approve a State Implementation Plan 

(SIP) revision containing a maintenance 

plan for the area. The State provided a 

supplement to the maintenance plan on 


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Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Rules and Regulations 4813 

September 7, 2021. In response to these 

submittals, the EPA is taking the 

following final actions: Approve the 

State’s plan for maintaining attainment 

of the 2010 1-hour SO2 primary 

standard in the area; and approve the 

State’s request to redesignate the 

Jackson County SO2 nonattainment area 

to attainment for the 2010 1-hour SO2

primary standard. This redesignation 

action addresses the EPA’s obligation 

under a consent decree which 

establishes a deadline of March 31, 

2022, for the EPA to determine under 

Clean Air Act (CAA) section 179(c) 

whether the Jackson County SO2

nonattainment area attained the NAAQS 

by the October 4, 2018, attainment date. 

DATES: This final rule is effective on 

March 2, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2021–0667. 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, 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 through https://

www.regulations.gov or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional information. 

FOR FURTHER INFORMATION CONTACT: 

Wendy Vit, Environmental Protection 

Agency, Region 7 Office, Air Quality 

Planning Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

(913) 551–7697 or by email at 

vit.wendy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. What is being addressed in this document? 

II. Have the requirements for approval of a 

SIP revision been met? 

III. What are the actions the EPA is taking? 

IV. Environmental Justice Concerns 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. What is being addressed in this 

document? 

On February 18, 2021, the State 

submitted a request for redesignation of 

the Jackson County SO2 nonattainment 

area to attainment and a SIP revision 

containing a 10-year maintenance plan 

for the area. On September 7, 2021, the 

State submitted a supplement to the 

maintenance plan consisting of a 

Consent Agreement between Missouri 

and Vicinity Energy—Kansas City 

(Vicinity, formerly Veolia-Kansas City) 

and an updated air dispersion modeling 

demonstration to support the 

redesignation. The EPA’s proposal at 86 

FR 59075 [October 26, 2021] discusses 

the EPA’s review of the redesignation 

request, the maintenance plan, and the 

maintenance plan supplement 

(including the Consent Agreement and 

updated modeling demonstration) and 

provides support for the EPA’s proposed 

approval of the request to redesignate 

the area to attainment and for proposed 

approval of the 10-year maintenance 

plan. Additional analysis of the 

redesignation request, 10-year 

maintenance plan, Consent Agreement, 

and supplemental modeling information 

is provided in a Technical Support 

Document (TSD) included in this 

docket. The public comment period on 

the EPA’s proposed rule opened on 

October 26, 2021, the date of its 

publication in the Federal Register and 

closed on November 26, 2021. During 

this period, the EPA received no 

comments. 

II. Have the requirements for approval 

of a SIP revision been met? 

The State submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The submission also satisfied 

the completeness criteria of 40 CFR part 

51, appendix V. The State provided 

public notice on the February 2021 SIP 

submittal from November 2, 2020, to 

December 10, 2020 and held a public 

hearing on December 3, 2020. The State 

received and addressed three comments 

from one source (the EPA). The State 

revised the maintenance plan based on 

public comment prior to submitting it to 

the EPA. Missouri held a public hearing 

for the September 2021 maintenance 

plan supplement on July 29, 2021, and 

made the supplement available for 

public review and comment from June 

28, 2021, through August 5, 2021. 

Missouri did not receive any public 

comments on the maintenance plan 

supplement. 

In addition, as explained in the EPA’s 

proposed rule (and in more detail in the 

technical support document which is 

included in the docket for this action), 

the revision meets the substantive SIP 

requirements of the CAA, including 

section 110 and implementing 

regulations. 

III. What are the actions the EPA is 

taking? 

The EPA is taking final action to 

approve the maintenance plan for the 

Jackson County 2010 SO2 1-hour 

NAAQS nonattainment area into the 

Missouri SIP (as compliant with CAA 

section 175A). The maintenance plan 

demonstrates that the area will continue 

to maintain the 2010 1-hour SO2

NAAQS and includes a process to 

develop contingency measures to 

remedy any future violations of the 2010 

1-hour SO2 NAAQS and procedures for 

evaluation of potential violations. 

Additionally, the EPA is taking final 

action to determine that the Jackson 

County 2010 SO2 1-hour NAAQS 

nonattainment area has met the criteria 

under CAA section 107(d)(3)(E) for 

redesignation from nonattainment to 

attainment for the 2010 1-hour SO2

NAAQS. On this basis, the EPA is 

approving Missouri’s redesignation 

request for the area and changing the 

legal designation of the portion of 

Jackson County designated 

nonattainment at 40 CFR part 81 to 

attainment for the 2010 1-hour SO2

NAAQS. 

IV. Environmental Justice Concerns 

When the EPA establishes a new or 

revised NAAQS, the CAA requires the 

EPA to designate all areas of the U.S. as 

either nonattainment, attainment, or 

unclassifiable. Area designations 

address environmental justice concerns 

by ensuring that the public is properly 

informed about the air quality in an 

area. If an area is designated 

nonattainment of the NAAQS, the CAA 

provides for the EPA to redesignate the 

area to attainment upon a demonstration 

by the state authority that air quality is 

attaining the NAAQS and will continue 

to maintain the NAAQS in order to 

ensure that all those residing, working, 

attending school, or otherwise present 

in those areas are protected, regardless 

of minority and economic status. 

The EPA utilized the EJSCREEN tool 

to evaluate environmental and 

demographic indicators within the area. 

The tool outputs are contained in the 

docket for this action. The demographic 

indicators from EPA’s EJSCREEN tool 

demonstrate that there are vulnerable 

populations in the area, including 

people of color, low-income 

populations, linguistically isolated 

populations, and populations with less 

than high school-level education. 

This action addresses a redesignation 

determination for the Jackson County, 

Missouri, area. Under CAA section 

107(d)(3), the redesignation of an area to 

attainment/unclassifiable is an action 

that affects the status of a geographical 

area and does not impose any additional 

regulatory requirements on sources 

beyond those imposed by state law. As 

discussed in this document and the 


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4814 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Rules and Regulations 

associated technical support document, 

Missouri has demonstrated that the air 

quality in the Jackson County area is 

attaining the NAAQS and will continue 

to maintain the NAAQS. For these 

reasons, this action does not result in 

disproportionately high and adverse 

human health or environmental effects 

on minority populations, low-income 

populations and/or indigenous peoples. 

V. Incorporation by Reference 

In this document, the EPA is 

amending regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, the EPA is finalizing the 

incorporation by reference of the 

Missouri State Implementation Plan 

described in the amendments to 40 CFR 

part 52 set forth below. The EPA has 

made, and will continue to make, these 

materials generally available through 

www.regulations.gov and at the EPA 

Region 7 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

document for more information). 

VI. Statutory and Executive Order 

Reviews 

Under the Clean Air Act (CAA), 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, if 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 the 

National Technology Transfer and 

Advancement Act (NTTA) because this 

rulemaking does not involve technical 

standards; and 

• This action does not have 

disproportionately high and adverse 

human health or environmental effects 

on minority populations, low-income 

populations and/or indigenous peoples, 

as specified in Executive Order 12898 

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

basis for this determination is contained 

in Section IV of this action, 

‘‘Environmental Justice Concerns.’’ 

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). 

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 April 1, 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Maintenance plan, 

Redesignation, Sulfur oxides. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, Designations, 

Intergovernmental relations, 

Redesignation, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

Dated: January 14, 2022. 

Meghan A. McCollister, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR parts 52 

and 81 as set forth below: 

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 AA—Missouri 

■ 2. In § 52.1320: 

■ a. The table in paragraph (d) is 

amended by adding the entry ‘‘(35)’’ in 

numerical order. 

■ b. The table in paragraph (e) is 

amended by adding the entry ‘‘(82)’’ in 

numerical order. 

The additions read as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(d) * * * 


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Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Rules and Regulations 4815 

EPA-APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS

Name of source Order/permit No. 

State 

effective 

date 

EPA approval date Explanation 

*******

(35) Vicinity Energy—Kansas City ....... Consent Agreement No. APCP–2021– 

007.

6/25/2021 1/31/2022 [insert Federal 

Register citation].

(e) * * * 

EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS

Name of nonregulatory 

SIP revision 

Applicable geographic or 

nonattainment area 

State 

submittal 

date 

EPA approval date Explanation 

*******

(82) Jackson County 1-hour SO2

NAAQS Maintenance Plan and 

Maintenance Plan Supplement.

Jackson County ................. 2/18/2021; 

9/7/2021 

1/31/2022, [insert Federal 

Register citation].

This action approves the Maintenance Plan and the Maintenance Plan Supplement for the 

Jackson County area. 

■ 3. In § 52.1343, add paragraph (d) to 

read as follows: 

§ 52.1343 Control strategy: Sulfur dioxide. 

* * * * * 

(d) Redesignation to attainment. As of 

March 2, 2022, the Jackson County 2010 

SO2 nonattainment area is redesignated 

to attainment of the 2010 SO2 1-hour 

National Ambient Air Quality Standard 

(NAAQS) in accordance with the 

requirements of Clean Air Act (CAA) 

section 107(d)(3) and EPA has approved 

its maintenance plan and maintenance 

plan supplement as meeting the 

requirements of CAA section 175A. 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 4. The authority citation for part 81 

continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq. 

Subpart C—Section 107 Attainment 

Status Designations 

■ 5. In § 81.326, revise the entry 

‘‘Jackson County, MO’’ in the table 

entitled ‘‘Missouri—2010 Sulfur 

Dioxide NAAQS [Primary]’’ to read as 

follows: 

§ 81.326 Missouri. 

* * * * * 

MISSOURI—2010 SULFUR DIOXIDE NAAQS 

[Primary] 

Designated area 1

Designation 

Date 2 Type 

Jackson County, MO ............................................................................................................................................... 3/2/2022 Attainment. 

Jackson County (part). 

The portion of Jackson County bounded by I–70/I–670 and the Missouri River to the north; and, to the west of 

I–435 to the state line separating Missouri and Kansas.

* * * * * * * 

1Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian 

country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country. 2This date is April 9, 2018, unless otherwise noted. 

* * * * * 

[FR Doc. 2022–01649 Filed 1–28–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary of the Interior 

43 CFR Part 10 

[NPS–WASO–NAGPRA–33240; 

PPWOVPADU0/PPMPRLE1Y.Y00000] 

RIN 1024–AE69 

Civil Penalties Inflation Adjustments 

AGENCY: Office of the Secretary, Interior. 

ACTION: Final rule. 

SUMMARY: This rule revises U.S. 

Department of the Interior regulations 

implementing the Native American 

Graves Protection and Repatriation Act 

to provide for annual adjustments of 

civil penalties to account for inflation 

under the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 and Office of Management 

and Budget guidance. The purpose of 


khammond on DSKJM1Z7X2PROD with RULES