4498 Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Rules and Regulations 

1 Five-Year Review of the Oil Pipeline Index, 178 

FERC ¶ 61,023 (2022) (Order). 

2 Id. P 37 & n.9. 

3 December 2020 Order, 173 FERC ¶ 61,245 at P 

16. 

4 Id. PP 16–20. 

of the December 2020 Order will likely 

withstand judicial review. I am 

surprised, however, to see the majority’s 

seeming vitriol over what amounts to a 

judgment call. 

For these reasons, I respectfully concur in 

part and dissent in part. 

lllllllllllllllllllll

James P. Danly, 

Commissioner. 

Department of Energy 

Federal Energy Regulatory Commission 

Five-Year Review of the Oil Pipeline 

Index 

Docket No. RM20–14–001 

(Issued January 20, 2022) 

CHRISTIE, Commissioner, Concurring 

in Part and Dissenting in Part 

1. I concur with most of today’s 

order,1 most significantly the restoration 

of the use of the middle 50% of the data 

set for determining the index. As today’s 

order notes, the December 2020 Order’s 

move to the middle 80% was an 

unjustified departure from the 

Commission’s settled practice of relying 

on the middle 50%.2 Because the 50% 

range represents the established practice 

over the past decade, restoring it is more 

consistent with the principle of 

regulatory certainty than the December 

2020 Order’s reliance on the 80% range 

without sufficient justification. 

2. Consistent with this principle of 

regulatory certainty, however, I dissent 

from the portion of today’s order that 

reverses the determination in the 

December 2020 order declining to 

incorporate the effects of the Income 

Tax Policy Change into the 2020 index 

calculation. In what it described as ‘‘an 

issue of first impression,’’ the 

Commission, in that order, adopted a 

proposal submitted by Designated 

Carriers in response to a previously 

issued NOPR.3 The December 2020 

Order explained the Commission’s 

reasoning.4

3. The Income Tax Policy Change 

presented a unique factual circumstance 

that had yet to be considered by the 

Commission’s indexing policies. It thus 

constitutes a ‘‘one-off.’’ It fell to a 

differently constituted Commission to 

determine whether, and if so how, the 

index calculation must be adjusted to 

address the Income Tax Policy Change. 

That Commission made its decision. I 

was not on the Commission in 

December 2020. If I had been, I may 

have voted for a different treatment of 

the tax issue, but unlike the change of 

the data set range—which disturbed 

without adequate justification an 

established practice—this unique tax 

issue was one in which there were valid 

arguments on both sides. What I or other 

members of this Commission might 

have done, however, if we had been 

given the opportunity in 2020, matters 

much less than what the Commission 

sitting in December 2020 actually did 

do: Namely, consider the pros and cons 

of an issue and make a decision based 

on the arguments and evidence in the 

record. Accordingly, I believe that the 

principle of regulatory certainty argues 

for leaving that ‘‘one-off’’ decision on 

the tax issue alone. 

For these reasons, I respectfully concur in 

part and dissent in part. 

lllllllllllllllllllll

Mark C. Christie, 

Commissioner. 

[FR Doc. 2022–01544 Filed 1–27–22; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 925 

[SATS No. MO–048–FOR; Docket ID: OSM– 

2019–0001; S1D1S SS08011000 SX064A000 

212S180110; S2D2S SS08011000 

SX064A000 21XS501520] 

Missouri Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Final rule; approval of 

amendment. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSMRE), are approving an amendment 

to the Missouri regulatory program 

(Missouri program) under the Surface 

Mining Control and Reclamation Act of 

1977 (SMCRA or the Act). As a result of 

Missouri’s Red Tape Reduction 

Initiative (Executive Order 17–03), 

Missouri proposes amendments and 

rescissions to its Missouri Coal Mining 

Regulations in order to reduce the 

volume of these regulations without 

reducing the program’s requirements. 

Missouri proposed amendments to 

multiple sections of its regulations to 

incorporate by reference the 

corresponding Federal regulations. 

Missouri also proposed to rescind 

multiple sections of its regulations that 

will be incorporated by reference in the 

aforementioned proposed amended 

sections. Missouri intends these 

revisions to its program to remain as 

effective as the Federal regulations. 

DATES: The effective date is February 28, 

2022. 

FOR FURTHER INFORMATION CONTACT: Bill 

Joseph, Chief, Alton Field Division, 

Office of Surface Mining Reclamation 

and Enforcement, 501 Belle Street, Suite 

216, Alton, Illinois 62002. Telephone: 

(618) 463–6463 extension 5109. Email: 

bjoseph@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Missouri Program 

II. Submission of the Amendment 

III. OSMRE’s Findings 

IV. Summary and Disposition of 

Comments 

V. Statutory and Executive Order 

Reviews 

I. Background on the Missouri Program 

Subject to OSMRE’s oversight, Section 

503(a) of the Act permits a State to 

assume primacy for the regulation of 

surface coal mining and reclamation 

operations on non-Federal and nonIndian lands within its borders by 

demonstrating that its program includes, 

among other things, State laws and 

regulations that govern surface coal 

mining and reclamation operations in 

accordance with the Act and consistent 

with the Federal regulations. See 30 

U.S.C. 1253(a)(1) and (7). 

Based on these criteria, the Secretary 

of the Interior conditionally approved 

the Missouri program effective 

November 21, 1980. You can find 

background information on the Missouri 

program, including the Secretary’s 

findings, the disposition of comments, 

and conditions of approval of the 

Missouri program in the November 21, 

1980, Federal Register (45 FR 77027). 

You can also find later actions 

concerning the Missouri program and 

program amendments at 30 CFR 925.10, 

925.12, 925.15 and 925.16. 

II. Submission of the Amendment 

By letter dated February 8, 2019 

(Administrative Record No. MO–684), 

Missouri sent us an amendment to its 

program under SMCRA (30 U.S.C. 1201 

et seq.) at its own initiative. 

We announced the receipt of the 

proposed amendment in the May 1, 

2019, Federal Register (84 FR 18433). In 

the same document, we opened the 

public comment period and provided an 

opportunity for a public hearing or 

meeting on the adequacy of the 

amendment. We did not hold a public 

hearing or meeting because no one 

requested one. We did not receive any 

public comments on the proposed 


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Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Rules and Regulations 4499 

amendment. The public comment 

period ended on May 31, 2019. 

III. OSMRE’s Findings 

We are approving the amendment as 

described below. The following are 

findings we made concerning Missouri’s 

amendment under SMCRA and the 

Federal regulations at 30 CFR 732.15 

and 732.17. Any revisions that we do 

not specifically discuss below 

concerning non-substantive wording or 

editorial changes can be found in the 

full text of the program amendment 

available at www.regulations.gov. 

Missouri proposes to amend the 

following sections of the Missouri Coal 

Mining Regulations to incorporate by 

reference to corresponding Federal 

regulations: 

10 CSR 40–3.060—Requirements for the 

Disposal of Excess Soil 

Missouri proposes to incorporate by 

reference the Federal regulations found 

in 30 CFR 780.35. 

10 CSR 40–3.170—Signs and Markers 

for Underground Operations 

Missouri proposes to incorporate by 

reference the Federal regulations found 

in 30 CFR part 817, with the exception 

of 30 CFR 817.10, Information 

Collection, and a modification to section 

817.61(c)(1). As required by 30 CFR 

817.61(c)(1) after approval of a state 

blasting certification program, Missouri 

will require all blasting operations to be 

conducted under the direction of a 

certified blaster. This modification does 

not make the Missouri regulation less 

effective than the corresponding federal 

regulation. 

10 CSR 40–4.020—Auger Mining 

Requirements 

Missouri proposes to incorporate by 

reference the Federal regulations found 

in 30 CFR 785.20. 

10 CSR 40–4.040—Operations on Steep 

Slopes 

Missouri proposes to incorporate by 

reference the Federal regulations found 

in 30 CFR 785.15. 

10 CSR 40–4.060—Concurrent Surface 

and Underground Mining 

Missouri proposes to incorporate by 

reference the Federal regulations found 

in 30 CFR 785.18. 

10 CSR 40–4.070—In Situ Processing 

Missouri proposes to incorporate by 

reference the Federal regulations found 

in 30 CFR 785.22. 

10 CSR 40–6.100—Underground Mining 

Permit Applications—Minimum 

Requirements for Legal, Financial, 

Compliance, and Related Information 

Missouri proposes to incorporate by 

reference the Federal regulations found 

in 30 CFR parts 783 and 784. 

We find that Missouri’s proposed 

amendments to these sections do not 

make its rules or regulations less 

effective than the corresponding Federal 

regulations, as the Federal regulations 

are being incorporated by reference. The 

proposed modifications were found not 

to compromise the effectiveness of the 

incorporated Federal regulations; 

therefore, we are approving Missouri’s 

revisions. 

Missouri also proposes to rescind the 

following sections of the Missouri Coal 

Mining Regulations as they have been 

incorporated in the aforementioned 

proposed amended sections: 

10 CSR 40–3.180—Casing and Sealing 

of Exposed Underground Openings 

10 CSR 40–3.190—Requirements for 

Topsoil Removal, Storage and 

Redistribution for Underground 

Operations 

10 CSR 40–3.200—Requirements for the 

Protection of the Hydrologic Balance 

for Underground Operations 

10 CSR 40–3.210—Requirements for the 

Use of Explosions for Underground 

Operations 

10 CSR 40–3.220—Disposal of 

Underground Development Waste and 

Excess Spoil 

10 CSR 40–3.230—Requirements for the 

Disposal of Coal Processing Waste for 

Underground Operations 

10 CSR 40–3.240—Air Resource 

Protection for Underground 

Operations 

10 CSR 40–3.250—Requirements for the 

Protection of Fish, Wildlife and 

Related Environmental Values and 

Protection of Fish, Wildlife and 

Related Environmental Values and 

Protection Against Slides and Other 

Damage 

10 CSR 40–3.260—Requirements for 

Backfilling and Grading for 

Underground Operations 

10 CSR 40–3.270—Revegetation 

Requirements for Underground 

Operations 

10 CSR 40–3.280—Requirements for 

Subsidence Control Associated With 

Underground Mining Operations 

10 CSR 40–3.290—Requirements for 

Road and Other Transportation 

Associated With Underground 

Operations 

10 CSR 40–3.300—Postmining Land Use 

Requirements for Underground 

Operations 

10 CSR 40–3.310—Coal Recovery, Land 

Reclamation and Cessation of 

Operation for Underground 

Operations 

10 CSR 40–6.110—Underground Mining 

Permit Applications Minimum 

Requirements for Information on 

Environmental Resources 

10 CSR 40–6.120—Underground Mining 

Permit Applications Minimum 

Requirements for Reclamation and 

Operations Plan 

We find that Missouri’s proposal to 

rescind these sections do not make its 

rules or regulations less effective than 

the corresponding Federal regulations, 

as the Federal regulations are being 

incorporated by reference in the 

aforementioned proposed amended 

sections. Therefore, we are approving 

Missouri’s rescissions. 

IV. Summary and Disposition of 

Comments 

Public Comments 

We asked for public comments on the 

amendment. As noted in Section II, we 

did not receive any public comments on 

this proposed amendment. 

Federal Agency Comments 

On February 14, 2019, pursuant to 30 

CFR 732.17(h)(11)(i) and Section 503(b) 

of SMCRA, we requested comments on 

the amendment from various Federal 

agencies with an actual or potential 

interest in the Missouri program 

(Administrative Record No. MO–684– 

02). We did not receive any comments. 

U.S. Environmental Protection Agency 

(EPA) Concurrence and Comments 

Under 30 CFR 732.17(h)(11)(ii), we 

are required to get a written concurrence 

from EPA for those provisions of the 

program amendment that relate to air or 

water quality standards issued under 

the authority of the Clean Water Act (33 

U.S.C. 1251 et seq.) or the Clean Air Act 

(42 U.S.C. 7401 et seq.). None of the 

revisions that Missouri proposed to 

make in this amendment pertain to air 

or water quality standards; therefore, we 

did not ask EPA to concur on the 

amendment. However, on February 14, 

2019, under 30 CFR 732.17(h)(11)(i), we 

requested comments from the EPA on 

the amendment (Administrative Record 

No. MO–684–02). The EPA did not 

respond to our request. 

State Historical Preservation Officer 

(SHPO) and the Advisory Council on 

Historic Preservation (ACHP) 

Under 30 CFR 732.17(h)(4), we are 

required to request comments from the 

SHPO and ACHP on amendments that 

may have an effect on historic 

properties. On February 14, 2019, we 

requested comments on the amendment 


jspears on DSK121TN23PROD with RULES1
4500 Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Rules and Regulations 

(Administrative Record No. MO–684– 

02). We did not receive any comments. 

V. OSMRE’s Decision 

Based on the above finding, we are 

approving the Missouri amendment that 

was submitted on February 8, 2019 

(Administrative Record No. MO–684). 

To implement this decision, we are 

amending the Federal regulations at 30 

CFR part 925, which codify decisions 

concerning the Missouri program. In 

accordance with the Administrative 

Procedure Act, this rule will take effect 

30 days after the date of publication. 

Section 503(a) of SMCRA requires that 

the State’s program must demonstrate 

that the State has the capability of 

carrying out the provisions of the Act 

and meeting its purposes. SMCRA 

requires consistency of State and 

Federal standards. 

VI. Statutory and Executive Order 

Reviews 

Executive Order 12630—Governmental 

Actions and Interference With 

Constitutionally Protected Property 

Rights 

This rule does not affect a taking of 

private property or otherwise have 

taking implications that would result in 

private property being taken for 

government use without just 

compensation under the law. Therefore, 

a takings implication assessment is not 

required. This determination is based on 

an analysis of the corresponding Federal 

regulations. 

Executive Orders 12866—Regulatory 

Planning and Review and 13563— 

Improving Regulation and Regulatory 

Review 

Executive Order 12866 provides that 

the Office of Information and Regulatory 

Affairs in the Office of Management and 

Budget (OMB) will review all significant 

rules. Pursuant to OMB guidance, dated 

October 12, 1993, the approval of State 

program amendments are exempted 

from OMB review under Executive 

Order 12866. Executive Order 13563, 

which reaffirms and supplements 

Executive Order 12866, retains this 

exemption. 

Executive Order 12988—Civil Justice 

Reform 

The Department of the Interior has 

reviewed this rule as required by 

Section 3 of Executive Order 12988. The 

Department determined that this 

Federal Register document meets the 

criteria of Section 3 of Executive Order 

12988, which is intended to ensure that 

the agency review its legislation and 

proposed regulations to eliminate 

drafting errors and ambiguity; that the 

agency write its legislation and 

regulations to minimize litigation; and 

that the agency’s legislation and 

regulations provide a clear legal 

standard for affected conduct rather 

than a general standard, and promote 

simplification and burden reduction. 

Because Section 3 focuses on the quality 

of Federal legislation and regulations, 

the Department limited its review under 

this Executive Order to the quality of 

this Federal Register document and to 

changes to the Federal regulations. The 

review under this Executive Order did 

not extend to the language of the State 

regulatory program amendment that the 

State of Missouri drafted. 

Executive Order 13132—Federalism 

This rule has potential Federalism 

implications as defined under Section 

1(a) of Executive Order 13132. 

Executive Order 13132 directs agencies 

to ‘‘grant the States the maximum 

administrative discretion possible’’ with 

respect to Federal statutes and 

regulations administered by the States. 

Missouri, through its approved 

regulatory program, implements and 

administers SMCRA and its 

implementing regulations at the state 

level. This rule approves an amendment 

to the Missouri program submitted and 

drafted by the State and, thus, is 

consistent with the direction to provide 

maximum administrative discretion to 

States. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Tribes 

through a commitment to consultation 

with Tribes and recognition of their 

right to self-governance and tribal 

sovereignty. We have evaluated this rule 

under the Department’s consultation 

policy and under the criteria in 

Executive Order 13175, and we have 

determined that it has no substantial 

direct effects on federally recognized 

Tribes or on the distribution of power 

and responsibilities between the Federal 

government and Tribes. Therefore, 

consultation under the Department’s 

tribal consultation policy is not 

required. The basis for this 

determination is that our decision is on 

the State program and does not include 

Tribal lands or regulation of activities 

on Tribal lands. Tribal lands are 

regulated independently under the 

applicable, approved Federal program. 

Executive Order 13211—Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Executive Order 13211 requires 

agencies to prepare a Statement of 

Energy Effects for a rulemaking that is 

(1) considered significant under 

Executive Order 12866, and (2) likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

Because this rule is exempt from review 

under Executive Order 12866 and is not 

significant energy action under the 

definition in Executive Order 13211, a 

Statement of Energy Effects is not 

required. 

Executive Order 13045—Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This rule is not subject to Executive 

Order 13045 because this is not an 

economically significant regulatory 

action as defined by Executive Order 

12866; and this action does not address 

environmental health or safety risks 

disproportionately affecting children. 

National Environmental Policy Act 

Consistent with Sections 501(a) and 

702(d) of SMCRA (30 U.S.C. 1251(a) and 

1292(d), respectively) and the U.S. 

Department of the Interior Departmental 

Manual, part 516, section 13.5(A), State 

program amendments are not major 

Federal actions within the meaning of 

Section 102(2)(C) of the National 

Environmental Policy Act (42 U.S.C. 

4332(2)(C). 

National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act (NTTAA) (15 U.S.C. 3701 et seq.) 

directs OSMRE to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical, (OMB Circular 

A–119 at p. 14). This action is not 

subject to the requirements of section 

12(d) of the NTTAA because application 

of those requirements would be 

inconsistent with SMCRA. 

Paperwork Reduction Act 

This rule does not include requests 

and requirements of an individual, 

partnership, or corporation to obtain 

information and report it to a Federal 

agency. As this rule does not contain 

information collection requirements, a 

submission to the Office of Management 

and Budget under the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.) 

is not required. 


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Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Rules and Regulations 4501 

Regulatory Flexibility Act 

This rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). The State’s submittal, which is 

the subject of this rule, is based upon 

corresponding Federal regulations for 

which an economic analysis was 

prepared and certification made that 

such regulations would not have a 

significant economic effect upon a 

substantial number of small entities. In 

making the determination as to whether 

this rule would have a significant 

economic impact, the Department relied 

upon the data and assumptions for the 

corresponding Federal regulations. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: (a) Does not have an annual 

effect on the economy of $100 million; 

(b) will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; and (c) does not 

have significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. This 

determination is based on an analysis of 

the corresponding Federal regulations, 

which were determined not to 

constitute a major rule. 

Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

Tribal governments, or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on State, local, or Tribal 

governments or the private sector. This 

determination is based on an analysis of 

the corresponding Federal regulations, 

which were determined not to impose 

an unfunded mandate. Therefore, a 

statement containing the information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1531 et seq.) is not 

required. 

List of Subjects in 30 CFR Part 925 

Intergovernmental relations, Surface 

mining, Underground mining. 

Alfred L. Clayborne, 

Regional Director, DOI Unified Region 3, 4 

and 6. 

For the reasons set out in the 

preamble, 30 CFR part 925 is amended 

as set forth below: 

PART 925—MISSOURI 

■ 1. The authority citation for part 925 

continues to read as follows: 

Authority: 30 U.S.C. 1201 et seq. 

■ 2. In § 925.15 amend the table by 

adding an entry for ‘‘February 8, 2019’’ 

in chronological order by ‘‘Date of final 

publication’’ to read as follows: 

§ 925.15 Approval of Missouri regulatory 

program amendments. 

* * * * * 

Original amendment 

submission date 

Date of final 

publication Citation/description 

*******

February 8, 2019 ......... January 28, 2022 ........ 10 CSR 40–3.060; 40–3.170; 40–3.180; 40–3.190; 40–3.200; 40–3.210; 40–3.220; 40–3.230; 

40–3.240; 40–3.250; 40–3.260; 40–3.270; 40–3.280; 40–3.290; 40–3.300; 40–3.310; 40– 

4.020; 40–4.040; 40–4.060; 40–4.070; 40–6.100; 40–6.110; 40–6.120. 

[FR Doc. 2022–01667 Filed 1–27–22; 8:45 am] 

BILLING CODE 4310–05–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2021–0451; FRL–9166–02– 

R5] 

Air Plan Approval; Michigan; Finding 

of Failure To Attain the 2010 Sulfur 

Dioxide Primary National Ambient Air 

Quality Standard for the Detroit 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is determining that the 

Detroit sulfur dioxide (SO2) 

nonattainment area failed to attain the 

2010 primary 1-hour SO2 national 

ambient air quality standard (NAAQS or 

‘‘standard’’) by the applicable 

attainment date of October 4, 2018. This 

determination is based upon air quality 

modeling using actual and allowable 

emissions. This action requires the State 

of Michigan to submit one year after 

date of publication in the Federal 

Register a revision to its State 

Implementation Plan (SIP) that, among 

other elements, provides for expeditious 

attainment of the 2010 SO2 standard. 

EPA is not finalizing the finding of 

failure to attain for the Rhinelander, 

Wisconsin area that was included in the 

notice of proposed rulemaking (NPRM), 

as a finding of failure to attain only 

applies to nonattainment areas and EPA 

expects to redesignate the area to 

attainment before the effective date of 

this action. 

DATES: This final rule is effective on 

February 28, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2021–0451. 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 Abigail 

Teener, Environmental Engineer, at 

(312) 353–7314 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Abigail Teener, Environmental 

Engineer, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 353–7314, teener.abigail@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background Information 

On October 27, 2021 (86 FR 59327), 

EPA proposed to determine that the 


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