Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Rules and Regulations 8949 

higher class U.S. Mail, commercial 

delivery service, personal delivery, or 

facsimile transmission. Only documents 

exempt from e-filing under paragraph 

(c)(5) of this section may be filed by 

email. 

* * * * * 

(5) Sensitive information. Unless the 

Commission or the Judge orders 

otherwise, in any filing with the 

Commission, information that is 

sensitive but not privileged (e.g., Social 

Security numbers, driver’s license 

numbers, passport numbers, taxpayeridentification numbers, birthdates, 

mother’s maiden names, names of 

minors, an individual’s physical 

personal address, financial account 

numbers) shall be redacted. * * * 

* * * * * 

■ 7. Amend § 2200.32 by revising the 

third sentence to read as follows: 

§ 2200.32 Signing of pleadings and 

motions. 

* * * The signature of a 

representative or party also constitutes a 

certificate by the representative or party 

that the representative or party has read 

the pleading, motion, or other 

document, that to the best of the 

representative’s or party’s knowledge, 

information, and belief, formed after 

reasonable inquiry, it is well grounded 

in fact and is warranted by existing law 

or a good faith argument for the 

extension, modification, or reversal of 

existing law, and that it is not included 

for any improper purpose, such as to 

harass or to cause unnecessary delay or 

needless increase in the cost of 

litigation. * * * 

■ 8. Amend § 2200.37 by revising 

paragraph (d)(3) to read as follows: 

§ 2200.37 Petitions for modification of the 

abatement period. 

* * * * * 

(d) * * * 

(3) An employer petitioning for a 

modification of the abatement period 

shall have the burden of proving in 

accordance with the requirements of 

section 10(c) of the Act, 29 U.S.C. 

659(c), that such employer has made a 

good faith effort to comply with the 

abatement requirements of the citation 

and that abatement has not been 

completed because of factors beyond the 

employer’s reasonable control. 

* * * * * 

■ 9. Amend § 2200.68 by revising 

paragraphs (a) and (b) and the first 

sentence of paragraph (d) to read as 

follows: 

§ 2200.68 Recusal of the Judge. 

(a) Discretionary recusal. A Judge may 

recuse themself from a proceeding 

whenever the Judge deems it 

appropriate. 

(b) Mandatory recusal. A Judge shall 

recuse themself under circumstances 

that would require disqualification of a 

Federal judge under Canon 3(C) of the 

Code of Conduct for United States 

Judges, except that the required recusal 

may be set aside under the conditions 

specified by Canon 3(D). 

* * * * * 

(d) Ruling on request. If the Judge 

finds that a request for recusal has been 

filed with due diligence and that the 

material filed in support of the request 

establishes that recusal either is 

appropriate under paragraph (a) of this 

section or is required under paragraph 

(b) of this section, the Judge shall recuse 

themself from the proceeding. * * * 

■ 10. Amend § 2200.70 by revising the 

last sentence of paragraph (f) to read as 

follows: 

§ 2200.70 Exhibits. 

* * * * * 

(f) * * * Any person granted custody 

of an exhibit shall inform the Executive 

Secretary of the status every 6 months 

(e.g., 6 months after January 15 would 

be July 15) of the person’s continuing 

need for the exhibit and return the 

exhibit after completion of the 

proceeding. 

* * * * * 

■ 11. Amend § 2200.120 by revising the 

first sentence of paragraph (b)(1) and 

paragraph (d)(1) to read as follows: 

§ 2200.120 Settlement procedure. 

* * * * * 

(b) * * * 

(1) Applicability. Mandatory 

settlement applies only to notices of 

contest by employers in which the 

aggregate amount of the penalties sought 

by the Secretary is $205,000 or greater. 

* * * 

* * * * * 

(d) * * * 

(1) General. The Settlement Judge 

shall convene and preside over 

conferences between the parties. The 

Settlement Judge shall designate the 

time, place, and nature of the 

conference. 

* * * * * 

Cynthia L. Attwood, 

Chairman. 

Amanda Wood Laihow, 

Commissioner. 

[FR Doc. 2022–03479 Filed 2–16–22; 8:45 am] 

BILLING CODE 7600–01–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

[NPS–SACN–32920; PPMWMWROW2/ 

PMP00UP05.YP0000] 

RIN 1024–AE64 

St. Croix National Scenic Riverway, 

Bicycling 

AGENCY: National Park Service, Interior. 

ACTION: Final rule. 

SUMMARY: The National Park Service 

amends the special regulations for St. 

Croix National Scenic Riverway to allow 

bicycle use on a 0.25-mile connector 

trail across National Park Service land 

near Cable, Wisconsin. The new trail 

will provide direct access to the 

Riverway and new recreational 

opportunities within the Riverway and 

on the Chequamegon Area Mountain 

Bike Association trail network in 

Bayfield County, Wisconsin. National 

Park Service regulations require 

promulgation of a special regulation to 

designate new trails for bicycle use off 

park roads and outside of developed 

areas. 

DATES: This rule is effective on March 

21, 2022. 

ADDRESSES: 

Docket: For access to the docket to 

read comments received, go to 

www.regulations.gov and search for 

Docket ID: NPS–2021–0002. 

Document Availability: The Cable 

Connector Trail Environmental 

Assessment, Finding of No Significant 

Impact, and Written Determination 

provide information and context for this 

rule and are available online at https:// 

parkplanning.nps.gov/sacn by clicking 

the link entitled ‘‘Cable Connector 

Trail’’ and then clicking the link 

entitled ‘‘Document List.’’ 

FOR FURTHER INFORMATION CONTACT: Lisa 

Yager, Chief of Resource Stewardship 

and Education, St. Croix National 

Scenic Riverway; (715) 483–2290; Lisa_

Yager@nps.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Namekagon and St. Croix Rivers 

flow through some of the most scenic 

and least developed country in the 

Upper Midwest. The free-flowing 

character and exceptional water quality 

of these waterways serve as a unique 

ecological corridor in northwest 

Wisconsin and eastern Minnesota that 

sustains a diversity of aquatic and 

terrestrial wildlife and habitats. 


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8950 Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Rules and Regulations 

In 1968, to preserve, protect, and 

enhance this unique national resource 

for the benefit and enjoyment of present 

and future generations, Congress 

established the St. Croix National 

Scenic Riverway, a 230-mile long 

protected area that includes the 

Namekagon River, as one of the original 

eight rivers protected under the national 

Wild and Scenic Rivers Act. In 1972, the 

Lower St. Croix National Scenic 

Riverway was added to the National 

Wild and Scenic Rivers System. 

Together, these areas form the Riverway. 

Today, the rivers continue to flow 

unimpeded for considerable distances 

as they have for millennia, through the 

river corridor, growing and changing in 

character from their headwaters to the 

St. Croix’s confluence with the 

Mississippi. The Riverway offers 

exceptional recreational opportunities 

for visitors to paddle, boat, camp, hike, 

fish, explore, and find solitude in a 

natural setting close to the major 

metropolitan area of Minneapolis-Saint 

Paul. The National Park Service (NPS) 

and state partners work with local 

communities to maintain the aquatic, 

cultural, recreational, riparian, scenic– 

aesthetic, and geologic values of the 

rivers for the benefit and enjoyment of 

more than 600,000 annual visitors. 

Cable Connector Trail Environmental 

Assessment 

In October 2021, the NPS began 

construction on a 0.25-mile connector 

trail through the Riverway near Cable, 

Wisconsin. The trail is designed for 

hiking, trail running, and bicycle and 

electric bicycle (e-bike) use, and silent 

sports in the winter such as fat-tire 

bicycling, snowshoeing, and crosscountry skiing. Equestrian and other 

motorized use will not be allowed. It 

will be the first trail at the Riverway 

open to bicycle use. Construction of the 

trail responds to a specific opportunity 

identified by the NPS and local partners 

to create a link across public land to 

provide direct access to the Riverway 

and new recreational opportunities 

within the Riverway and on the 

Chequamegon Area Mountain Bike 

Association (CAMBA) trail network in 

Bayfield County, Wisconsin. The trail 

will be built from the end of a segment 

of CAMBA’s Wild River Trail on a 

former railroad grade near the Town of 

Cable, connecting to Parker Road. The 

trail will provide a critical link to 

adjoining trails and would serve an 

important role providing connectivity 

for several local trail running and biking 

events that start or finish in the Cable 

area. The bare soil trail will be built 

using sustainable trail construction 

techniques to protect natural and 

cultural resources. The trail will utilize 

landforms and natural features 

exhibiting the natural beauty of the area 

and would feature a slight crown, 

shallow grades, open sight lines, and 

gentle turns to support user safety, 

provide adequate drainage to minimize 

braiding, seasonal muddiness, and 

erosion, and reduce the overall 

maintenance costs associated with more 

complex trail features. Signage will 

clearly indicate allowed uses on the 

trail. 

On September 22, 2020, the NPS 

published the Cable Connector Trail 

Environmental Assessment (EA). The 

EA describes one action alternative (the 

preferred alternative) and the no-action 

alternative. Under the preferred 

alternative, the NPS would construct the 

0.25 mile Cable Connector Trail to 

accommodate bicycle and e-bike use. 

The EA evaluates (1) the suitability of 

the Cable Connector Trail for bicycle 

and e-bike use; and (2) life cycle 

maintenance costs, safety 

considerations, methods to prevent or 

minimize user conflict, and methods to 

protect natural and cultural resources 

and mitigate impacts associated with 

bicycle and e-bike use on the trail. The 

EA contains a full description of the 

purpose and need for taking action, the 

alternatives considered, a map of the 

affected area, and the environmental 

impacts associated with the project. 

After a public review period, on 

February 1, 2021, the Regional Director 

for DOI Unified Regions 3, 4 and 5 

(Great Lakes) signed a Finding of No 

Significant Impact (FONSI) that 

identified the preferred alternative in 

the EA as the selected alternative. On 

November 11, 2021, the Regional 

Director signed a Written Determination 

that bicycle use on the new trail is 

consistent with the protection of the 

Riverway’s natural, scenic, and aesthetic 

values, safety considerations and 

management objectives, and that it will 

not disturb wildlife or park resources. 

The EA, FONSI, and Written 

Determination may be viewed on the 

Riverway’s planning website at https:// 

parkplanning.nps.gov/sacn by clicking 

the link entitled ‘‘Cable Connector 

Trail’’ and then clicking the link 

entitled ‘‘Document List.’’ 

Summary of Public Comments 

The NPS published a proposed rule in 

the Federal Register on July 16, 2021 

(86 FR 37725). The NPS accepted public 

comments on the proposed rule for 60 

days via the mail, hand delivery, and 

the Federal eRulemaking Portal at 

https://www.regulations.gov. Comments 

were accepted through September 14, 

2021. The NPS received 55 comments 

on the proposed rule. All of the 

comments supported bicycle use on the 

new trail. Below is a summary of one 

pertinent issue that was raised by a 

commenter and the response from the 

NPS. After considering the public 

comments and after additional review, 

the NPS did not make any changes to 

the rule other than adding an affirmative 

statement that a violation of any 

condition, closure, limit, or restriction 

on bicycle use implemented by the 

superintendent is prohibited. 

Comment: One commenter objected to 

the use of electric bicycles on the trail. 

NPS Response: Similar to traditional 

bicycles, the NPS believes that, with 

proper management, the use of electric 

bicycles (e-bikes) may be an appropriate 

activity in some park areas. The EA 

considered the potential for benefits and 

adverse impacts to resources and 

visitors and the FONSI determined that 

impacts of the action, including the use 

of e-bikes on the new Cable Connector 

Trail, will not be significant. The FONSI 

concluded that environmental impacts 

that could occur will be limited in 

context and intensity, with general 

beneficial impacts to visitor use and 

experience, and possible minor effects 

on northern long-eared bat (Myotis 

septentrionalis). The FONSI concluded 

that there will be no unmitigated 

adverse impacts on these or other 

resources or values of the Riverway. 

NPS regulations at 36 CFR 4.30(i) give 

superintendents the discretionary 

authority to allow e-bikes on park roads, 

parking areas, and administrative roads 

and trails that are otherwise open to 

bicycles. After the Cable Connector Trail 

is constructed and ready for bicycle use, 

the superintendent of the Riverway will 

designate the trail as open to bicycles by 

providing notice in accordance with 36 

CFR 1.7. This includes a requirement to 

list the trail as open to bicycles in the 

park compendium, which is available 

on the park website at www.nps.gov/ 

sacn. At that time, the superintendent 

also may designate the trail as open to 

e-bikes. If, in the future, the 

superintendent determines that e-bikes 

or certain classes of e-bikes should no 

longer be allowed on the trail, or that 

conditions for use should change, the 

superintendent can make such changes 

by updating the park compendium and 

providing adequate public notice under 

36 CFR 1.7. 

Final Rule 

This rule implements the selected 

alternative in the FONSI and authorizes 

the superintendent to designate the new 

Cable Connector Trail for traditional 

bicycle use. This action complies with 

NPS regulations 36 CFR 4.30, which 


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Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Rules and Regulations 8951 

require a special regulation to designate 

new bicycle trails that require 

construction activities off park roads 

and outside of developed areas. This 

rule adds a new paragraph (g) to 36 CFR 

7.9, which contains the special 

regulations for the Riverway. After the 

trail is constructed, the rule requires the 

superintendent to notify the public prior 

to designating the trail for bicycle use 

through one or more of the methods 

listed in 36 CFR 1.7, and identify the 

designation on maps available at 

Riverway visitor centers and posted on 

the Riverway’s website (www.nps.gov/ 

sacn). The rule also authorizes the 

superintendent to establish closures, 

conditions, or restrictions for bicycle 

use on the trail after considering public 

health and safety, resource protection, 

and other management activities and 

objectives. 

Bicycle use will not be authorized by 

the superintendent until the NPS 

completes the process required by NPS 

regulations at 36 CFR 4.30, including 

the preparation of a written 

determination that bicycle use on the 

new trail is consistent with the 

protection of the park area’s natural, 

scenic and aesthetic values, safety 

considerations and management 

objectives, and will not disturb wildlife 

or park resources. As explained in the 

response to comment above, when the 

superintendent opens the trail to 

traditional bicycles, the superintendent 

also may open the trail to e-bikes, or 

specific classes of e-bikes. This rule will 

not affect the use of any existing trails 

in the Riverway, all of which remain 

closed to bicycles and e-bikes. 

The rule also revises the section 

heading from ‘‘St. Croix National Scenic 

Rivers’’ to ‘‘St. Croix National Scenic 

Riverway.’’ This change is consistent 

with the commonly used and official 

name of the Riverway. 

Compliance With Other Laws, 

Executive Orders and Department 

Policy 

Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

Executive Order 12866 provides that 

the Office of Information and Regulatory 

Affairs in the Office of Management and 

Budget will review all significant rules. 

The Office of Information and 

Regulatory Affairs has determined that 

this rulemaking is not significant. 

Executive Order 13563 reaffirms the 

principles of Executive Order 12866 

while calling for improvements in the 

nation’s regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the best, most innovative, 

and least burdensome tools for 

achieving regulatory ends. The 

executive order directs agencies to 

consider regulatory approaches that 

reduce burdens and maintain flexibility 

and freedom of choice for the public 

where these approaches are relevant, 

feasible, and consistent with regulatory 

objectives. Executive Order 13563 

emphasizes further that regulations 

must be based on the best available 

science and that the rulemaking process 

must allow for public participation and 

an open exchange of ideas. The NPS has 

developed this rule in a manner 

consistent with these requirements. 

Regulatory Flexibility Act 

This rulemaking would not have a 

significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). This certification is 

based on information contained in the 

economic analyses found in the report 

entitled ‘‘Cost-Benefit and Regulatory 

Flexibility Threshold Analyses: Final 

Rule to Designate a New Trail 

Connection for Bicycle Use at St. Croix 

National Scenic Riverway.’’ The report 

may be viewed on the Riverway’s 

planning website at https://

parkplanning.nps.gov/sacn by clicking 

the link entitled ‘‘Cable Connector 

Trail’’ and then clicking the link 

entitled ‘‘Document List.’’ 

Congressional Review Act (CRA) 

This rulemaking is not a major rule 

under 5 U.S.C. 804(2). This rule: 

(a) Does not have an annual effect on 

the economy of $100 million or more. 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

(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. 

Unfunded Mandates Reform Act 

This rulemaking 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. It 

addresses public use of national park 

lands and imposes no requirements on 

other agencies or governments. A 

statement containing the information 

required by the Unfunded Mandates 

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

required. 

Takings (Executive Order 12630) 

This rulemaking does not effect a 

taking of private property or otherwise 

have takings implications under 

Executive Order 12630. A takings 

implication assessment is not required. 

Federalism (Executive Order 13132) 

Under the criteria in section 1 of 

Executive Order 13132, the rulemaking 

does not have sufficient federalism 

implications to warrant the preparation 

of a Federalism summary impact 

statement. This rule only affects use of 

federally-administered lands and 

waters. It has no direct effects on other 

areas. A Federalism summary impact 

statement is not required. 

Civil Justice Reform (Executive Order 

12988) 

This rulemaking complies with the 

requirements of Executive Order 12988. 

This rule: 

(a) Meets the criteria of section 3(a) 

requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity and be written to minimize 

litigation; and 

(b) Meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

Consultation With Indian Tribes 

(Executive Order 13175 and 

Department Policy) 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Indian 

Tribes through a commitment to 

consultation with Indian tribes and 

recognition of their right to selfgovernance and tribal sovereignty. The 

NPS has evaluated this rulemaking 

under the criteria in Executive Order 

13175 and under the Department’s tribal 

consultation policy and have 

determined that tribal consultation is 

not required because the rule will have 

no substantial direct effect on federally 

recognized Indian tribes. Nevertheless, 

in support of the Department of the 

Interior and NPS commitment for 

government-to-government 

consultation, during the EA process, the 

NPS shared information about the 

proposed action with 18 federally 

recognized American Indian Tribes and 

invited them to consult on the project. 

None of the 18 Tribes expressed interest 

in consultation. 

Paperwork Reduction Act 

This rulemaking does not contain 

information collection requirements, 

and a submission to the Office of 

Management and Budget under the 

Paperwork Reduction Act is not 


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8952 Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Rules and Regulations 

required. The NPS may not conduct or 

sponsor and you are not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. 

National Environmental Policy Act 

The NPS has prepared the EA to 

determine whether this rule will have a 

significant impact on the quality of the 

human environment under the National 

Environmental Policy Act of 1969. This 

rule does not constitute a major Federal 

action significantly affecting the quality 

of the human environment. A detailed 

statement under the NEPA is not 

required because of the FONSI. A copy 

of the EA and FONSI can be found 

online at https://parkplanning.nps.gov/ 

sacn by clicking the link entitled ‘‘Cable 

Connector Trail’’ and then clicking the 

link entitled ‘‘Document List.’’ 

Effects on the Energy Supply (Executive 

Order 13211) 

This rulemaking is not a significant 

energy action under the definition in 

Executive Order 13211; the rule is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy, and the rule has not otherwise 

been designated by the Administrator of 

OIRA as a significant energy action. A 

Statement of Energy Effects in not 

required. 

List of Subjects in 36 CFR Part 7 

National parks, Reporting and 

recordkeeping requirements. 

In consideration of the foregoing, the 

National Park Service amends 36 CFR 

part 7 as set forth below: 

PART 7—SPECIAL REGULATIONS, 

AREAS OF THE NATIONAL PARK 

SYSTEM 

■ 1. The authority citation for part 7 

continues to read as follows: 

Authority: 54 U.S.C. 100101, 100751, 

320102; Sec. 7.96 also issued under D.C. 

Code 10–137 and D.C. Code 50–2201.07. 

■ 2. Amend § 7.9 by revising the section 

heading and adding paragraph (g) to 

read as follows: 

§ 7.9 St. Croix National Scenic Riverway. 

* * * * * 

(g) Bicycle Use. (1) The 

Superintendent may designate all or a 

portion of the Cable Connector Trail 

(full length of the trail approximately 

0.25 miles) as open to bicycle use. 

(2) A map showing trails open to 

bicycle use will be available at Riverway 

visitor centers and posted on the 

Riverway website. The Superintendent 

will provide notice of all trails 

designated for bicycle use in accordance 

with § 1.7 of this chapter. 

(3) The Superintendent may limit, 

restrict, or impose conditions on bicycle 

use, or close any trail to bicycle use, or 

terminate such conditions, closures, 

limits, or restrictions in accordance with 

§ 4.30 of this chapter. A violation of any 

such condition, closure, limit, or 

restriction is prohibited. 

Shannon A. Estenoz, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2022–03394 Filed 2–16–22; 8:45 am] 

BILLING CODE 4312–52–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2017–0031; FRL–9177–02– 

R10] 

Air Plan Approval; AK; Removal of 

Excess Emissions Provision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Alaska, 

through the Alaska Department of 

Environment Conservation, on January 

9, 2017. The revision was submitted by 

Alaska in response to a finding of 

substantial inadequacy and SIP call 

published on June 12, 2015, for a 

provision in the Alaska SIP related to 

excess emissions during startup, 

shutdown, and malfunction (SSM) 

events. EPA is approving the SIP 

revision and finds that such SIP revision 

corrects the deficiency identified in the 

June 12, 2015, SIP call. 

DATES: This final rule is effective March 

21, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2017–0031. 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: 

Randall Ruddick, EPA Region10, 1200 

Sixth Avenue (Suite 155), Seattle, WA 

98101, (206) 553–1999; or email 

ruddick.randall@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it means 

the EPA. 

I. Background 

On December 6, 2021, we proposed to 

approve a SIP revision submitted by the 

State of Alaska, through the Alaska 

Department of Environment 

Conservation, on January 9, 2017 (86 FR 

68960). In that proposal, we also 

proposed to determine that the SIP 

revision corrects the deficiency with 

respect to Alaska that we identified in 

our June 12, 2015 action entitled ‘‘State 

Implementation Plans: Response to 

Petition for Rulemaking; Restatement 

and Update of EPA’s SSM Policy 

Applicable to SIPs; Findings of 

Substantial Inadequacy; and SIP Calls to 

Amend Provisions Applying to Excess 

Emissions During Periods of Startup, 

Shutdown, and Malfunction’’ (‘‘June 12, 

2015 SIP call’’) (80 FR 33839, June 12, 

2015). The reasons for our proposed 

approval and determination are stated 

in the proposed action (86 FR 68960, 

January 9, 2017) and will not be restated 

here. The public comment period for 

our proposed approval and 

determination ended on January 5, 

2022, and no comments were received. 

Therefore, we are finalizing our action 

as proposed. 

II. Final Action 

EPA is approving Alaska’s January 9, 

2017 SIP submission requesting removal 

of 18 AAC 50.240 ‘‘Excess Emissions’’ 

from the Alaska SIP. EPA has also 

determined this SIP revision corrects 

the deficiency identified in the June 12, 

2015 SIP call. Alaska is retaining 18 

AAC 50.240 for state law purposes only, 

with revisions to clarify that (1) all 

excess emissions are violations and (2) 

the provision applies only to Alaska in 

exercising its enforcement authority and 

therefore does not preclude citizens or 

EPA from seeking injunctive relief or 

civil penalties for excess emissions (86 

FR 68961). 

III. Incorporation by Reference 

In this document, EPA is finalizing 

removal of regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is removing the incorporation 

by reference of ‘‘18 AAC 50.240’’ in 40 

CFR 52.70, as described in section II of 


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