8222 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Proposed Rules 

(g) * * * 

(12) Have failed to find employment 

after utilizing services provided under 

title I of the Workforce Innovation and 

Opportunity Act; 

(13) Are homeless or at risk for 

homelessness; or 

(14) Are formerly incarcerated 

individuals as defined in § 641.140. 

Angela Hanks, 

Acting Assistant Secretary for Employment 

and Training, Labor. 

[FR Doc. 2022–02681 Filed 2–11–22; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 73 

[Docket No. FDA–2022–C–0098] 

Motif FoodWorks, Inc.; Filing of Color 

Additive Petition 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notification of petition. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

announcing that we have filed a 

petition, submitted by Motif 

FoodWorks, Inc., proposing that the 

color additive regulations be amended 

to provide for the safe use of myoglobin 

as a color additive in meat and poultry 

analogue products. 

DATES: The color additive petition was 

filed on December 13, 2021. 

ADDRESSES: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov and insert the 

docket number found in brackets in the 

heading of this document into the 

‘‘Search’’ box and follow the prompts, 

and/or go to the Dockets Management 

Staff, 5630 Fishers Lane, Rm. 1061, 

Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Anderson, Center for Food Safety 

and Applied Nutrition, Food and Drug 

Administration, 5001 Campus Dr., 

College Park, MD 20740, 240–402–1309. 

SUPPLEMENTARY INFORMATION: Under 

section 721(d)(1) of the Federal Food, 

Drug, and Cosmetic Act (21 U.S.C. 

379e(d)(1)), we are giving notice that we 

have filed a color additive petition (CAP 

2C0322), submitted by Motif 

FoodWorks, Inc., 27 Drydock Ave., 2nd 

Floor, Boston, MA 02210. The petition 

proposes to amend the color additive 

regulations in part 73 (21 CFR part 73), 

‘‘Listing of Color Additives Exempt from 

Certification,’’ to provide for the safe 

use of myoglobin as a color additive in 

meat and poultry analogue products. 

The petitioner has claimed that this 

action is categorically excluded under 

21 CFR 25.32(r) because the substance 

occurs naturally in the environment, 

and the action does not alter 

significantly the concentration or 

distribution of the substance, its 

metabolites, or degradation products in 

the environment. In addition, the 

petitioner has stated that, to their 

knowledge, no extraordinary 

circumstances exist that would warrant 

at least an environmental assessment 

(see 21 CFR 25.21). If FDA determines 

a categorical exclusion applies, neither 

an environmental assessment nor an 

environmental impact statement is 

required. If FDA determines a 

categorical exclusion does not apply, we 

will request an environmental 

assessment and make it available for 

public inspection. 

Dated: February 7, 2022. 

Lauren K. Roth, 

Associate Commissioner for Policy. 

[FR Doc. 2022–03109 Filed 2–11–22; 8:45 am] 

BILLING CODE 4164–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2020–0684, FRL–9402–01– 

R10] 

Air Plan Approval; OR; Air 

Contaminant Discharge Permit Fee 

Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Oregon State 

Implementation Plan (SIP) submitted on 

November 5, 2020. The revision 

establishes new fees to be paid by 

stationary sources of air contaminants 

submitting notices of intent to construct. 

The revision also adds a new basic air 

contaminant discharge permit category 

to allow certain minor sources, that 

would otherwise be required to obtain a 

general, simple, or standard permit, the 

option to qualify for a basic permit. 

DATES: Comments must be received on 

or before March 16, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2020–0684, at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from https://

www.regulations.gov. The EPA may 

publish any comment received to its 

public docket. Do not electronically 

submit any information you consider to 

be Confidential Business Information 

(CBI) or other information the disclosure 

of which 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. The 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, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

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. 

Table of Contents 

I. Background 

A. State Implementation Plan 

B. Air Contaminant Discharge Permits 

C. Source Notification Requirements 

II. Evaluation of Submission 

III. Proposed Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background 

A. State Implementation Plan 

Each state has a State Implementation 

Plan (SIP) containing the control 

measures and strategies used to attain 

and maintain the national ambient air 

quality standards (NAAQS) established 

by the EPA for the criteria pollutants 

(carbon monoxide, lead, nitrogen 

dioxide, ozone, particulate matter, 

sulfur dioxide). Section 110 of the Clean 

Air Act spells out the requirements for 

each SIP, including but not limited to 

air pollution control regulations, 

emissions inventories, ambient air 

monitoring, enforcement mechanisms, 

and authority to revise the SIP as 

needed. 

Revisions to the SIP are adopted by 

the state and submitted to the EPA for 

review. The EPA approves and codifies 


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Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Proposed Rules 8223 

1We note that the ACDP program serves other 

functions, outside of the federally approved Oregon 

SIP. For example, the ACDP program is the 

mechanism used to implement the risk-based toxics 

permitting program known as Cleaner Air Oregon. 

Because the ACDP program serves other functions, 

the EPA has approved the ACDP program into the 

Oregon SIP only to the extent it applies to (1) 

pollutants for which NAAQS have been established 

(criteria pollutants) and precursors to those criteria 

pollutants as determined by the EPA for the 

applicable geographic area; and (2) any additional 

pollutants that are required to be regulated under 

part C of title I of the Clean Air Act (prevention of 

significant deterioration of air quality), but only for 

purposes of meeting or avoiding the requirements 

of part C of title I of the Clean Air Act. 

2Oregon clarified that OAR 340–216–8020, which 

includes the specific fee amounts to be paid by 

sources, is not submitted for SIP approval. The 

letter has been placed in the docket for this action. 

3Functionally, this option allows certain minor 

sources otherwise required to obtain a General, 

Simple, or Standard ACDP operating permit by 

virtue of OAR 340–216–8010 Table 1, Part B, 

number 85 to obtain a Basic ACDP. See Footnote 

4 to OAR 340–216–8010 Table 1, Part B, number 

85. 

such SIP revisions as part of the Code 

of Federal Regulations (CFR), making 

them federally enforceable. The Oregon 

Department of Environmental Quality, 

as the Governor’s designee, routinely 

revises the SIP and submits the changes 

to the EPA for approval and codification 

in 40 CFR part 52, subpart MM. 

B. Air Contaminant Discharge Permits 

The Oregon air contaminant discharge 

permit (ACDP) program is a set of air 

pollution control regulations in the 

Oregon SIP. The ACDP program serves 

two SIP-related functions.1 First, it 

governs operation of minor sources that 

are not subject to the major stationary 

source Title V operating permit 

program. Second, it serves as the 

administrative mechanism used to 

implement the notice of construction 

and pre-construction permit program, 

also known as the ‘‘new source review’’ 

program. 

There are six types of permits in the 

Oregon ACDP program: Construction, 

General, Short-Term Activity, Basic, 

Simple, and Standard. Sources seeking 

permits must pay associated fees based 

on specific categories and activities 

codified in Oregon Administrative Rules 

(OAR) Chapter 340, Division 216 and 

approved into the Oregon SIP. Oregon 

has adjusted these permit fees over time 

to help ensure there are adequate 

resources to implement the ACDP 

program. 

C. Source Notification Requirements 

Oregon requires stationary sources to 

submit notices of intent to construct for 

certain types of activities. These 

notification requirements are codified in 

OAR Chapter 340, Division 210 and are 

approved into the Oregon SIP. Type 2 

notices of intent to construct generally 

cover existing sources with issued 

permits that are seeking certain minor 

changes to those permits. Historically, 

Oregon has not assessed fees to process 

these Type 2 notices of intent to 

construct. 

II. Evaluation of Submission 

On November 5, 2020, Oregon 

submitted a SIP revision addressing 

stationary source permitting and 

associated fees. Oregon subsequently 

revised the scope of the SIP revision 

submitted for EPA approval in a letter 

dated December 22, 2021.2 The SIP 

revision makes two substantive changes. 

First, the SIP revision adds new fees to 

process Type 2 notices of intent to 

construct. See OAR 340–210–0230 and 

0240. Second, the SIP revision adds a 

new Basic ACDP option, available to a 

qualifying minor source if that source 

meets certain criteria, including taking 

an enforceable limit on hours of 

operation and/or production. See OAR 

340–216–0010 Table 1, Part A, number 

8. This second change allows a source 

to obtain a Basic ACDP rather than a 

General, Simple, or Standard ACDP, 

provided the source: (1) Is not a federal 

major source under Title I or Title V of 

the Clean Air Act, (2) is not subject to 

other source-specific SIP permitting 

requirements, (3) requests an 

enforceable limit on actual, 

uncontrolled emissions, and (4) control 

devices are not required to maintain the 

enforceable limit.3 The enforceable limit 

is established in the Basic ACDP and 

includes associated monitoring, 

recordkeeping, and reporting 

requirements and any other elements 

needed to make the limit practically 

enforceable. 

We have reviewed the submitted 

changes to Division 210 for continued 

compliance with SIP-related permit fee 

requirements in Clean Air Act section 

110(a)(2)(L). We propose to find that the 

changes are designed to increase major 

stationary source fees paid to the 

permitting authority and are therefore 

consistent with Clean Air Act section 

110(a)(2)(L). See also our most recent 

approval of the Oregon SIP as meeting 

the requirements of Clean Air Act 

section 110(a)(2)(L) (84 FR 26347, June 

6, 2019). 

We have reviewed the submitted 

changes to Division 216 for continued 

compliance with the Clean Air Act, in 

particular, the SIP-related minor new 

source review program requirements in 

Clean Air Act section 110(a)(2)(C) and 

the EPA’s implementing regulations at 

40 CFR 51.160 through 51.164. The EPA 

previously approved Oregon’s minor 

new source review program as meeting 

these statutory and regulatory 

requirements on October 11, 2017 (82 

FR 47122). We propose to find that the 

submitted changes to Division 216 

continue to satisfy the statutory and 

regulatory requirements. We note that 

qualifying minor sources are required to 

apply for and obtain a Basic ACDP 

permit with enforceable limits on hours 

of operation and/or production, a 

process that includes: SIP-approved 

legal procedures that enable Oregon to 

determine, among other things, if 

construction of the minor source will 

violate applicable portions of the 

control strategy or interfere with 

attainment or maintenance of the 

NAAQS; public availability of 

information; and administrative 

processes. We have also reviewed the 

submitted changes as they relate to the 

EPA’s guidance on federally enforceable 

state operating permit programs and 

propose to find that Oregon’s ACDP 

program continues to comply with this 

guidance (54 FR 27274, June 28, 1989). 

See the EPA’s action approving the 

program on January 22, 2003 (68 FR 

2891). 

III. Proposed Action 

The EPA is proposing to approve, and 

incorporate by reference, revisions to 

the Oregon SIP submitted for purposes 

of SIP-related permitting, as discussed 

in section II. of this preamble. Upon 

final approval, the Oregon SIP will 

include the following regulations, State 

effective September 21, 2020: 

• OAR 340–210–0230, Notice of 

Construction and Approval of Plans: 

Notice to Construct; 

• OAR 340–210–0240, Notice of 

Construction and Approval of Plans: 

Construction Approval; and 

• OAR 340–216–8010, Table 1— 

Activities and Sources. 

IV. Incorporation by Reference 

In this document, the EPA is 

proposing to include in a final rule, 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference the provisions 

described in section III. of this 

preamble. The EPA has made, and will 

continue to make, these documents 

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). 


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8224 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Proposed Rules 

V. 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 

proposed 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 proposed 

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 the 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). 

In addition, this proposed action 

would not apply on any Indian 

reservation land or in any other area in 

Oregon 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 as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: February 7, 2022. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

[FR Doc. 2022–02983 Filed 2–11–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 220203–0038] 

RIN 0648–BK43 

Fisheries Off West Coast States; West 

Coast Salmon Fisheries; Federal 

Salmon Regulations for Overfished 

Species Rebuilding Plans 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule, request for 

comments. 

SUMMARY: NMFS proposes revisions to 

regulations that implement the Pacific 

Fishery Management Council’s 

(Council) Pacific Coast Salmon Fishery 

Management Plan (FMP). This proposed 

action would remove a rebuilding plan 

for Sacramento River fall-run Chinook 

salmon (SRFC) from regulation, as this 

stock has been rebuilt and is no longer 

required to be managed under a 

rebuilding plan, and would update 

language to reflect the 2013 merger of 

NMFS’ Northwest Region (NWR) and 

Southwest Region (SWR), which created 

NMFS’ West Coast Region (WCR). 

DATES: Comments on this proposed rule 

must be received on or before March 1, 

2022. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2022–0002 by the following 

method: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov and enter NOAA– 

NMFS–2022–0002 in the Search box. 

Click the ‘‘Comment’’ icon, complete 

the required fields, and enter or attach 

your comments. 

Instructions: Comments must be 

submitted by the above method to 

ensure that the comments are received, 

documented, and considered by NMFS. 

Comments sent by any other method, to 

any other address or individual, or 

received after the end of the comment 

period, may not be considered. All 

comments received are a part of the 

public record and will generally be 

posted for public viewing on 

www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.) submitted 

voluntarily by the sender will be 

publicly accessible. Do not submit 

confidential business information, or 

otherwise sensitive or protected 

information. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Shannon Penna, Fishery Management 

Specialist, at 562–676–2148, or 

Shannon.Penna@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Regulations at 50 CFR part 660, subpart 

H implement the management of West 

Coast salmon fisheries under the FMP in 

the exclusive economic zone (3 to 200 

nautical miles (5.6–370.4 kilometers)) 

off the coasts of the states of 

Washington, Oregon, and California. 

In 2018, NMFS determined that SRFC 

was overfished under the MagnusonStevens Fishery and Conservation 

Management Act (MSA). The Council 

developed a rebuilding plan for SRFC, 

which it transmitted to NMFS on 

August 14, 2019. The Council 

recommended as the rebuilding plan the 

existing control rule for SRFC, which 

was adopted as part of FMP 

Amendment 16 and described in 

codified regulation at 50 CFR 660.410(c) 

(76 FR 81851, December 29, 2011). The 

Council determined that the existing 

control rule met the MSA requirement 

to rebuild the stock as quickly as 

possible, taking into account the status 

and biology of any overfished stock and 

the needs of fishing communities (50 

CFR 600.310(j)(3)(i)). NMFS approved 

and implemented the Council’s 

recommended rebuilding plan for SRFC 

through a final rule (85 FR 75920; 

November 27, 2020). 

In 2021, NMFS determined that SRFC 

met the criteria in the FMP for being 

rebuilt and notified the Council (Letter 

from Barry A. Thom, NMFS West Coast 


jspears on DSK121TN23PROD with PROPOSALS1