7722 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 

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 11, 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 49 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Indians, Indians—law, 

Indians—tribal government, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: February 4, 2022. 

KC Becker, 

Regional Administrator, Region 8. 

Part 49 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 49—INDIAN COUNTRY: AIR 

QUALITY PLANNING AND 

MANAGEMENT 

■ 1. The authority citation for part 49 

continues to read as follows: 

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

Subpart K—Implementation Plans for 

Tribes—Region VIII 

■ 2. Add an undesignated center 

heading and § 49.4200 to read as 

follows: 

Implementation Plan for the Northern 

Cheyenne Tribe 

§ 49.4200 Identification of plan. 

(a) Purpose and scope. This section 

contains the approved implementation 

plan for the Northern Cheyenne Tribe, 

submitted to EPA on September 25, 

2017. The plan consists of programs and 

procedures that cover general and 

emergency authorities, ambient air 

quality standards, permitting 

requirements for open burning, general 

prohibitory rules, open burning 

limitations, enforcement authorities, 

and procedures for administrative 

appeals and judicial review in Tribal 

court. 

(b) Incorporation by reference. (1) 

Material listed in paragraph (c) of this 

section was approved for incorporation 

by reference by the Director of the 

Federal Register in accordance with 5 

U.S.C. 552(a) and 1 CFR part 51. 

Material is incorporated as it exists on 

the date of the approval, and notice of 

any change in the material will be 

published in the Federal Register. 

(2) EPA Region 8 certifies that the 

rules/regulations provided by EPA in 

the TIP compilation at the addresses in 

paragraph (b)(3) of this section are an 

exact duplicate of the officially 

promulgated tribal rules/regulations 

which have been approved as part of the 

Tribal Implementation Plan. 

(3) Copies of the materials 

incorporated by reference may be 

inspected at the Region 8 Office of EPA 

at 1595 Wynkoop Street, Denver, CO 

80202 or call 303–312–6002; the U.S. 

Environmental Protection Agency, EPA 

Docket Center (EPA/DC), Air and 

Radiation Docket and Information 

Center, MC 2822T, 1200 Pennsylvania 

Avenue NW, Washington, DC 20460 or 

call 202–566–1742; and the National 

Archives and Records Administration. 

For information on the availability of 

this material at NARA, email 

fr.inspection@nara.gov, or go to: http:// 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. Copies of the 

Northern Cheyenne TIP regulations we 

have approved are also available at 

http://www.epa.gov/region8/air/ 

sip.html. 

(c) EPA-approved regulations. 

TABLE 1 TO PARAGRAPH (c) 

Tribal citation Title/subject Tribal effective date EPA approval date Explanations 

Northern Cheyenne Tribe, Northern Cheyenne Clean Air Act Tribal Implementation Plan.Entirety .............. December 20, 2016 February 10, 2022 The Tribal effective date is based on the date the Bureau of Indian Affairs (BIA) Superintendent of the 

Northern Cheyenne Agency approved the Tribe’s Ordinance No. DOI–008 (2017) adopting the Northern 

Cheyenne Clean Air Act. 

[FR Doc. 2022–02724 Filed 2–9–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2021–0216; FRL–9168–02– 

R10] 

Air Plan Approval; AK; Incorporation 

by Reference Updates and Permit 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Alaska State Implementation Plan 

(SIP) submitted on November 10, 2020. 

The revisions update the adoption by 

reference of certain Federal air 

regulations and add a pre-approved 

emission limit option that may be used 

to permit diesel engine facilities, among 

other changes. The EPA’s approval 

makes the revisions federally 

enforceable as part of the Alaska SIP. 

DATES: This final rule is effective March 

14, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2021–0216. 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 or other information the 

disclosure of which 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 at https://

www.regulations.gov, or please contact 

the person listed in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Kristin Hall, EPA Region 10, 1200 Sixth 

Avenue (Suite 155), Seattle, WA 98101, 

at (206) 553–6357, or hall.kristin@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we’’ or ‘‘our’’ is used, it is intended to 

refer to the EPA. 


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Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 7723 

1The November 10, 2020 SIP submission also 

requested EPA approval of the Mendenhall Valley 

and Eagle River Limited Maintenance Plans. We 

approved these submitted plans in separate actions. 

Please see our actions published October 25, 2021 

(86 FR 58807) and November 9, 2021 (86 FR 62096). 2 62 FR 27968 (May 22, 1997). 

Table of Contents 

I. Background 

II. Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Background 

Each state has a SIP containing the 

control measures and strategies to attain 

and maintain the national ambient air 

quality standards (NAAQS). Alaska 

establishes state air quality regulations 

in Alaska Administrative Code Title 18 

Environmental Conservation, Chapter 

50 Air Quality Control (18 AAC 50) and 

submits these regulations for EPA 

approval and incorporation by reference 

into the Alaska SIP in the Code of 

Federal Regulations (CFR) at 40 CFR 

part 52, subpart C. 

On November 10, 2020, Alaska 

submitted revisions to the SIP and the 

EPA proposed to approve the changes 

on November 17, 2021 (86 FR 64105).1

The reasons for approval are included in 

the proposed action and will not be 

restated here. The public comment 

period for the proposed action closed on 

December 17, 2021 and we received no 

comments. Therefore, we are finalizing 

the action as proposed. 

II. Final Action 

The EPA is approving, and 

incorporating by reference, revisions to 

the Alaska SIP, submitted on November 

10, 2020, as being consistent with Clean 

Air Act section 110 and part C and D 

requirements. Upon the effective date of 

this final action, the Alaska SIP will 

include the following regulations, state 

effective November 7, 2020: 

• 18 AAC 50.015 Air Quality 

Designations, Classifications, and 

Control Regions; 

• 18 AAC 50.030 State Air Quality 

Control Plan, except (a); 

• 18 AAC 50.035 Documents, 

Procedures and Methods Adopted by 

Reference, except (a)(6), (a)(9), and 

(b)(4); 

• 18 AAC 50.040 Federal Standards 

Adopted by Reference, except (a), (b), 

(c), (d), (e), (g), (j) and (k); 

• 18 AAC 50.077 Standards for 

Wood-Fired Heating Devices, except (h); 

• 18 AAC 50.205 Certification; 

• 18 AAC 50.230 Preapproved 

Emission Limits; 

• 18 AAC 50.250 Procedures and 

Criteria for Revising Air Quality 

Classifications; 

• 18 AAC 50.311 Nonattainment 

Area Major Stationary Source Permits; 

• 18 AAC 50.502 Minor Permits for 

Air Quality Protection; 

• 18 AAC 50.540 Minor Permit: 

Application; 

• 18 AAC 50.542 Minor Permit: 

Review and Issuance; and 

• 18 AAC 50.990 Definitions. 

III. Incorporation by Reference 

In this document, the EPA is 

finalizing regulatory text in an EPA final 

rule that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

finalizing the incorporation by reference 

of the regulations described in section II 

of this preamble. The EPA has made, 

and will continue to make, these 

materials generally available through 

https://www.regulations.gov and at the 

EPA Region 10 Office (please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by the EPA for inclusion in 

the SIP, have been incorporated by 

reference by the EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rule of the 

EPA’s approval, and will be 

incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.2

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Clean Air 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, 

provided that they meet the criteria of 

the Clean Air Act. 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 Clean Air Act; 

and 

• Does not provide the 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). 

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 it 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. 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). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by April 11, 2022. 


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7724 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 4, 2022. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

For the reasons set forth in the 

preamble, 40 CFR part 52 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 C—Alaska 

■ 2. In § 52.70, the table in paragraph (c) 

is amended by revising the entries for 

‘‘18 AAC 50.015’’, ‘‘18 AAC 50.030’’, 

‘‘18 AAC 50.035’’, ‘‘18 AAC 50.040’’, 

‘‘18 AAC 50.077’’, ‘‘18 AAC 50.205’’, 

‘‘18 AAC 50.230’’, ‘‘18 AAC 50.250’’, 

‘‘18 AAC 50.311’’, ‘‘18 AAC 50.502’’, 

‘‘18 AAC 50.540’’, ‘‘18 AAC 50.542’’, 

and ‘‘18 AAC 50.990’’ to read as follows: 

§ 52.70 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES

State citation Title/subject State effective 

date EPA approval date Explanations 

Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50—Air Quality Control (18 AAC 50) 

18 AAC 50—Article 1. Ambient Air Quality Management 

*******

18 AAC 50.015 ..................................... Air Quality Designations, 

Classifications, and Control Regions.

11/7/2020 2/10/2022, [INSERT Federal Register CITATION].

* * * * * * * 

18 AAC 50.030 ..................................... State Air Quality Control 

Plan.

11/7/2020 2/10/2022, [INSERT Federal Register CITATION].except (a). 

18 AAC 50.035 ..................................... Documents, Procedures, 

and Methods Adopted 

by Reference.

11/7/2020 2/10/2022, [INSERT Federal Register CITATION].except (a)(6), (a)(9), and 

(b)(4). 

18 AAC 50.040 ..................................... Federal Standards Adopted by Reference.11/7/2020 2/10/2022, [INSERT Federal Register CITATION].except (a), (b), (c), (d), (e), 

(g), (j) and (k). 

* * * * * * * 

18 AAC 50.077 ..................................... Standards for Wood-Fired 

Heating Devices.

11/7/2020 2/10/2022, [INSERT Federal Register CITATION].except (h). 

* * * * * * * 

18 AAC 50—Article 2. Program Administration 

*******

18 AAC 50.205 ..................................... Certification ....................... 11/7/2020 ............................................

* * * * * * * 

18 AAC 50.230 ..................................... Preapproved Emission 

Limits.

11/7/2020 2/10/2022, [INSERT Federal Register CITATION].

* * * * * * * 

18 AAC 50.250 ..................................... Procedures and Criteria for 

Revising Air Quality 

Classifications.

11/7/2020 2/10/2022, [INSERT Federal Register CITATION].

* * * * * * * 

18 AAC 50—Article 3. Major Stationary Source Permits 


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Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 7725 

1State Implementation Plans: Response to 

Petition for Rulemaking; Findings of Substantial 

Inadequacy; and SIP Calls to Amend Provisions 

Applying to Excess Emissions During Periods of 

Startup, Shutdown, and Malfunction, 78 FR 12460 

(February 22, 2013). 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES—Continued 

State citation Title/subject State effective 

date EPA approval date Explanations 

*******

18 AAC 50.311 ..................................... Nonattainment Area Major 

Stationary Source Permits.

11/7/2020 2/10/2022, [INSERT Federal Register CITATION].

*******

18 AAC 50—Article 5. Minor Permits 

18 AAC 50.502 ..................................... Minor Permits for Air Quality Protection.11/7/2020 2/10/2022, [INSERT Federal Register CITATION].

* * * * * * * 

18 AAC 50.540 ..................................... Minor Permit: Application .. 11/7/2020 2/10/2022, [INSERT Federal Register CITATION].

18 AAC 50.542 ..................................... Minor Permit: Review and 

Issuance.

11/7/2020 2/10/2022, [INSERT Federal Register CITATION].

* * * * * * * 

18 AAC 50—Article 9. General Provisions 

*******

18 AAC 50.990 ..................................... Definitions .......................... 11/7/2020 2/10/2022, [INSERT Federal Register CITATION].

* * * * * * * 

* * * * * 

[FR Doc. 2022–02763 Filed 2–9–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2016–0477; FRL–9543–01– 

R8] 

Air Plan Approval; Montana; 

Administrative Rule Revisions: 

17.8.334 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or Agency) is taking final 

action to approve a revision to 

Montana’s State Implementation Plan 

(SIP). On July 6, 2016, the Governor of 

Montana submitted to EPA a revision to 

the Montana SIP that removed one 

section of the Administrative Rules of 

Montana (ARM) pertaining to aluminum 

plants. In this document, EPA is 

finalizing approval of the removal of 

this section from the SIP. EPA 

determined the provision was 

inconsistent with Clean Air Act (CAA) 

requirements and EPA issued a SIP call 

for the State to revise the provision on 

June 12, 2015. Removal of this provision 

corrects the deficiencies identified in 

2015 related to the treatment of excess 

emissions from aluminum plants and 

fully satisfies the SIP call issued to 

Montana. 

DATES: This rule is effective on March 

14, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2016–0477. 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. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Schmitt, Air and Radiation 

Division, EPA, Region 8, Mail Code 

8ARD–IO, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129, 

telephone number: (303) 312–6728, 

email address: schmitt.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION:

I. Background 

On February 22, 2013, EPA issued a 

Federal Register notice of proposed 

rulemaking outlining EPA’s policy at 

the time with respect to SIP provisions 

related to periods of startup, shutdown, 

or malfunction (SSM). EPA analyzed 

specific SSM SIP provisions and 

explained how each one either did or 

did not comply with the CAA with 

regard to excess emission events.1 For 

each SIP provision that EPA determined 

to be inconsistent with the CAA, EPA 

proposed to find that the existing SIP 

provision was substantially inadequate 

to meet CAA requirements and thus 


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