Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 11957 

Missions. The effective date and time will 

thereafter be continuously published in the 

Chart Supplement. 

Paragraph 6004 Class E Airspace Areas 

Designated as an Extension to a Class D or 

Class E Surface Area. 

* * * * * 

ANM OR E4 North Bend, OR [New] 

Southwest Oregon Regional Airport, OR 

(Lat. 43°25′01′′ N, long. 124°14′49′′ W) 

That airspace upward from the surface 

within 3.6 miles north and 3.5 miles south 

of the 092° bearing from the airport, 

extending from the Southwest Oregon 

Regional Airport Class D 4.2-mile radius to 

11.7 miles east of the airport, and within 2.0 

miles southeast and 2.1 miles northwest of 

the 242° bearing from the airport, extending 

from the Class D 4.2-mile radius to 9.4 miles 

southwest of the airport. 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ANM OR E5 North Bend, OR [Amended] 

Southwest Oregon Regional Airport, OR 

(Lat. 43°25′01′′ N, long. 124°14′49′′ W) 

That airspace extending upward from 700 

feet above the surface within a 9-mile radius 

of the airport, and within 2.0 miles northwest 

and 2.6 miles southeast of the 058° bearing 

from the airport, extending from the 9-mile 

radius to 10.4 miles northeast of the airport, 

and within 3.8 miles north and 3.7 miles 

south of the 92° bearing from the airport, 

extending from the 9-mile radius to 12.7 

miles east of the airport, and within 1.9 miles 

each side of the 149° bearing from the airport, 

extending from the 9-mile radius to 12.1 

miles southeast of the airport, and within 3.0 

miles each side of the 199° bearing from the 

airport, extending from the 9-mile radius to 

15 miles south of the airport, and within 8.1 

miles southeast and 3.9 miles northwest of 

the 241° bearing from the airport, extending 

from the 9-mile radius to 19.2 miles 

southwest of the airport, and within 3.3 miles 

each side of the 275° bearing from the airport, 

extending from the 9-mile radius to 12.1 

miles west of the airport. 

Issued in Des Moines, Washington, on 

February 24, 2022. 

B.G. Chew, 

Acting Group Manager, Operations Support 

Group, Western Service Center. 

[FR Doc. 2022–04326 Filed 3–2–22; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0504; FRL–9202–02– 

R5] 

Air Plan Approval; Wisconsin; Permit 

Streamlining Updates 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing an approval 

of revisions to the Wisconsin State 

Implementation Plan (SIP). These 

changes include defining and removing 

terms, creating a more streamlined 

process for permit applications and 

reports submitted electronically, and 

clarifying rules to create a more efficient 

permit issuance process. Approving this 

revision also makes Wisconsin rules 

consistent with Federal rules. 

DATES: This final rule is effective on 

April 4, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2020–0504. 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 Susan 

Kraj, Environmental Engineer, at (312) 

353–2654 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Susan Kraj, Environmental Engineer, 

Air Permits Section, Air Programs 

Branch (AR18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312)353–2654, kraj.susan@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. Background 

This final rule addresses the April 6, 

2021, SIP revisions submitted by the 

Wisconsin Department of Natural 

Resources (WDNR). This submittal 

includes revisions to the definitions in 

Chapter NR 400, to the minor 

construction permit program in Chapter 

NR 406, and to the operating permit 

program in Chapter NR 407. 

Specifically, Wisconsin is requesting to 

repeal NR 406.03(1e)(a), (b), and (j), NR 

406.04(1f)(c) and (Note), NR 

407.02(6)(a)3.(Note), NR 407.11(1)(e) 

and (3)(c), and NR 407.12(1)(b)(Note) 

and (e); and to amend and create NR 

400.02(130), (136m), (136r), and (162), 

NR 406.02(6), NR 406.03(1e), (1m), and 

(2)(b), NR 406.04(1)(a)4m., (bm), (i), (m), 

(zg), (1f), (1k), (1q), (2)(h), (4)(a), (b), 

(e)3., (h), (j), and (7), NR 406.17(3)(d), 

NR 407.03(1)(intro.), (a), (bm), (1m), 

(2)(ba), (f) and (g), NR 407.05(2) and (6), 

NR 407.105(3)(b), and NR 407.15(5). 

On December 6, 2021, EPA published 

a notice of proposed rulemaking 

(NPRM) proposing approval of 

Wisconsin’s April 6, 2021, submittal (86 

FR 68954). The specific details of these 

SIP revisions and the rationale for EPA’s 

proposed approval are discussed in the 

NPRM and will not be restated here. 

The NPRM provided a 30-day public 

comment period which ended on 

January 5, 2022. 

No comments were received on the 

proposed rule during the public 

comment process. 

II. What action is EPA taking? 

For the reasons set forth in the 

proposed rulemaking, EPA is approving 

the requested revisions to Wisconsin’s 

SIP as submitted on April 6, 2021. 

These revisions were included in the 

certified Board Order AM–24–12b and 

published in the Wisconsin 

Administrative Register #777 on 

September 28, 2020. 

III. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Wisconsin 

Regulations described in the 

amendments to 40 CFR part 52 set forth 

below. EPA has made, and will continue 

to make, these documents generally 

available through www.regulations.gov, 

and at the EPA Region 5 Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

Also in this document, as described in 

the proposed amendments to 40 CFR 


khammond on DSKJM1Z7X2PROD with RULES
11958 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 

part 52 set forth below, EPA is 

proposing to remove provisions of the 

EPA-Approved Wisconsin Regulations 

from the Wisconsin SIP, which is 

incorporated by reference in accordance 

with the requirements of 1 CFR part 51. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act (Act), the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the 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 Act; and 

• Does not provide 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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Act, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by May 2, 2022. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this action for the purposes of 

judicial review nor does it extend the 

time within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: February 22, 2022. 

Debra Shore, 

Regional Administrator, Region 5. 

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. 

■ 2. Section 52.2570 is amended by: 

■ a. Revising paragraphs (c)(76)(i)(A) 

and adding (c)(76)(i)(B); 

■ b. Revising (c)(120)(i)(B); and 

■ c. Adding paragraph (c)(145). 

The additions and revisions read as 

follows: 

§ 52.2570 Identification of plan. 

* * * * * 

(c) * * * 

(76) * * * 

(i) * * * 

(A) NR 407—Wisconsin 

Administrative Code, Operating 

Permits, Effective date January 1, 1994. 

Sections NR 407.11(3)(c) and NR 

407.12(1)(b)(Note) were rescinded in 

2020 and are removed without 

replacement; see paragraph (c)(145) of 

this section. 

(B) [Reserved]. 

* * * * * 

(120) * * * 

(i) * * * 

(B) NR 406.04 Direct sources exempt 

from construction permit requirements. 

NR 406.04(1f) and NR 406.04(1k), as 

published in the Wisconsin 

Administrative Register, June 30, 2007, 

No. 618, effective July 1, 2007. Sections 

NR 406.04(1f)(c) and (Note) were 

rescinded in 2020 and are removed 

without replacement; see paragraph 

(c)(145) of this section. 

* * * * * 

(145) On April 6, 2021, WDNR 

submitted a request to revise portions of 

its Air Pollution Control Definitions, 

Minor Construction Permit Program, 

and Operating Permit Program. The 

changes include defining and removing 

terms, creating a more streamlined 

process for permit applications and 

reports submitted electronically, and 

clarifying rules to create a more efficient 

permit issuance process. WDNR 

submitted revisions to its rules NR 400, 

NR 406 and NR 407 of the Wisconsin 

Administrative Code. 

(i) Incorporation by reference. (A) 

Wisconsin Administrative Code, NR 400 

Air Pollution Control Definitions. NR 

400.02(130); NR 400.02(136m), (136r), 

(162), as published in the Wisconsin 

Register, September 2020, No. 777, 

effective October 1, 2020. 

(B) Wisconsin Administrative Code, 

NR 406 Construction Permits. NR 

406.02(6); NR 406.03(1e), (1m), and 

(2)(b); NR 406.04(1)(a)4m., (bm), (i), 

(m)), (zg), (1f), (1k), (1q), (2)(h), (4)(a), 

(b), (e), (h), (j), and (7); NR 406.17(3)(d), 

as published in the Wisconsin Register, 

September 2020, No. 777, effective 

October 1, 2020. 

(C) Wisconsin Administrative Code, 

NR 407 Operation Permits. NR 

407.03(1)(intro.), (a), (bm), (1m), (2)(ba), 

(f) and (g); NR 407.05(2) and (6); NR 

407.105(3)(b); and NR 407.15(5), as 

published in the Wisconsin Register, 


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Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 11959 

September 2020, No. 777, effective 

October 1, 2020. 

(ii) [Reserved]. 

[FR Doc. 2022–04071 Filed 3–2–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2021–0606; FRL–9176–02– 

R3] 

Air Plan Approval; Virginia; Revision to 

the Classification and Implementation 

of the 2015 Ozone National Ambient 

Air Quality Standard for the Northern 

Virginia Nonattainment Area 

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 Commonwealth of 

Virginia. This revision consists of an 

amendment to an existing regulation 

which adds a new section listing the 

localities that comprise the Northern 

Virginia ozone nonattainment area, 

which is classified as marginal for the 

2015 8-hour ozone national ambient air 

quality standard (NAAQS). EPA is 

approving this revision to the Virginia 

SIP in accordance with the requirements 

of the Clean Air Act (CAA). 

DATES: This final rule is effective on 

April 4, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2021–0606. 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: 

Serena Nichols, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. The telephone number is (215) 

814–2053. Ms. Nichols can also be 

reached via electronic mail at 

Nichols.Serena@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 15, 2021 (86 FR 71214), 

EPA published a notice of proposed 

rulemaking (NPRM) for the 

Commonwealth of Virginia. In the 

NPRM, EPA proposed approval of 

Virginia’s amendment to an existing 

regulation by adding a new section 

listing the localities that comprise the 

Northern Virginia ozone nonattainment 

area. This revision is needed for the 

Commonwealth to implement the 2015 

8-hour ozone NAAQS in the Northern 

Virginia ozone nonattainment area. The 

formal SIP revision was submitted by 

the Commonwealth of Virginia through 

the Virginia Department of 

Environmental Quality (VADEQ) on 

August 28, 2020. 

II. Summary of SIP Revision and EPA 

Analysis 

Virginia’s August 28, 2020 SIP 

revision consists of an amendment to an 

existing regulation which adds a new 

section listing the localities that 

comprise the Northern Virginia ozone 

nonattainment area, which is classified 

as marginal for the 2015 ozone NAAQS. 

The amendments revise the Virginia 

Administrative Code (VAC), specifically 

9VAC5–20–204 (Nonattainment areas) 

subsection A, which geographically 

defines the nonattainment areas by 

locality for the criteria pollutants 

indicated. The amendments are 

necessary for implementation of the 

2015 ozone NAAQS. The added 

subdivision, 9VAC5–20–204 A 4, 

defines the Northern Virginia marginal 

ozone nonattainment area for the 2015 

8-hour ozone standard as including the 

following areas: Arlington County, 

Fairfax County, Loudoun County, Prince 

William County, Alexandria City, 

Fairfax City, Falls Church City, 

Manassas City, and Manassas Park City. 

A reference is also added to 40 CFR 

51.1303(a), which pertains to the 

application of classification and 

attainment date provisions for areas 

designated nonattainment for the 2015 

8-hour ozone NAAQS. 

Other specific requirements of 

VADEQ’s August 28, 2020 submittal and 

the rationale for EPA’s proposed action 

are explained in the NPRM and will not 

be restated here. No public comments 

were received on the NPRM. 

III. Final Action 

EPA is approving, as a SIP revision, 

the Commonwealth of Virginia’s August 

28, 2020 submittal revising the 

subsection listing the localities that 

comprise the Northern Virginia ozone 

nonattainment area for the 2015 8-hour 

ozone NAAQS. 

IV. General Information Pertaining to 

SIP Submittals From the 

Commonwealth of Virginia 

In 1995, Virginia adopted legislation 

that provides, subject to certain 

conditions, for an environmental 

assessment (audit) ‘‘privilege’’ for 

voluntary compliance evaluations 

performed by a regulated entity. The 

legislation further addresses the relative 

burden of proof for parties either 

asserting the privilege or seeking 

disclosure of documents for which the 

privilege is claimed. Virginia’s 

legislation also provides, subject to 

certain conditions, for a penalty waiver 

for violations of environmental laws 

when a regulated entity discovers such 

violations pursuant to a voluntary 

compliance evaluation and voluntarily 

discloses such violations to the 

Commonwealth and takes prompt and 

appropriate measures to remedy the 

violations. Virginia’s Voluntary 

Environmental Assessment Privilege 

Law, Va. Code Sec. 10.1–1198, provides 

a privilege that protects from disclosure 

documents and information about the 

content of those documents that are the 

product of a voluntary environmental 

assessment. The Privilege Law does not 

extend to documents or information 

that: (1) Are generated or developed 

before the commencement of a 

voluntary environmental assessment; (2) 

are prepared independently of the 

assessment process; (3) demonstrate a 

clear, imminent and substantial danger 

to the public health or environment; or 

(4) are required by law. 

On January 12, 1998, the 

Commonwealth of Virginia Office of the 

Attorney General provided a legal 

opinion that states that the Privilege 

law, Va. Code Sec. 10.1–1198, precludes 

granting a privilege to documents and 

information ‘‘required by law,’’ 

including documents and information 

‘‘required by Federal law to maintain 

program delegation, authorization or 

approval,’’ since Virginia must ‘‘enforce 

Federally authorized environmental 

programs in a manner that is no less 

stringent than their Federal 

counterparts. . . .’’ The opinion 

concludes that ‘‘[r]egarding § 10.1–1198, 

therefore, documents or other 

information needed for civil or criminal 

enforcement under one of these 

programs could not be privileged 

because such documents and 

information are essential to pursuing 

enforcement in a manner required by 


khammond on DSKJM1Z7X2PROD with RULES