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(b) * * * 

(1) * * * 

(iii) Provide the company with an 

opportunity to rebut the stated reasons 

or cause; and 

(iv) Provide the company with an 

opportunity to cure the stated reasons or 

cause. 

* * * * * 

■ 19. Amend § 223.18 by revising 

paragraphs (a) introductory text and 

(a)(1) to read as follows: 

§ 223.18 Revocation. 

(a) Treasury may initiate a revocation 

proceeding against a Treasury-certified 

company in one of two ways: 

(1) Treasury, of its own accord, under 

§ 223.19, may initiate revocation 

proceedings against the company when 

it has reason to believe that the 

company is not complying with 31 

U.S.C. 9304–9308 and/or the regulations 

under this part; or 

* * * * * 

■ 20. Amend § 223.19 by revising the 

introductory text and paragraph (b)(2) to 

read as follows: 

§ 223.19 Treasury-initiated revocation 

proceedings. 

Whenever Treasury has reason to 

believe that a company is not complying 

with the requirements of 31 U.S.C. 

9304–9308 and/or the regulations under 

this part, including but not limited to a 

failure to satisfy corporate and financial 

standards, Treasury shall: 

* * * * * 

(b) * * * 

(2) The company responded, was 

provided an opportunity to demonstrate 

or achieve compliance, and failed to do 

so. 

■ 21. Amend § 223.20 by revising 

paragraphs (b)(1) and (h)(8) and (9) to 

read as follows: 

§ 223.20 Revocation proceedings initiated 

by Treasury upon receipt of an agency 

complaint. 

* * * * * 

(b) * * * 

(1) The agency has determined, 

consistent with agency authorities, the 

principal is in default on the obligation 

covered by the bond. Alternatively, if 

the default has been litigated, 

documentation indicating a court of 

competent jurisdiction has determined 

the principal is in default; 

* * * * * 

(h) * * * 

(8) The formal adjudication standards 

under the Administrative Procedure 

Act, 5 U.S.C. 554, 556, and 557, do not 

apply to the informal hearing or 

adjudication process. 

(9) Treasury may promulgate 

additional procedural guidance 

governing the conduct of informal 

hearings. 

* * * * * 

■ 22. Revise § 223.21 to read as follows: 

§ 223.21 Reinstatement. 

If, after one year from the date that 

Treasury notifies the company of its 

decision to decline to renew or revoke 

the certificate of authority of a company 

under this part, the company can 

demonstrate that the basis for the nonrenewal or revocation has been cured, as 

determined by Treasury in its 

discretion, and that it can comply with, 

and does meet, all continuing 

requirements for certification under 31 

U.S.C. 9304–9308 and this part, the 

company may submit an application to 

Treasury for reinstatement or reissuance 

of a certificate of authority, which will 

be granted without prejudice if all such 

requirements are met. Treasury may 

waive the one year waiting period for 

good cause shown, as determined by 

Treasury in its sole discretion. 

■ 23. Revise § 223.22 to read as follows: 

§ 223.22 Fees for service of the Treasury 

Department. 

(a) Fees shall be imposed and 

collected, for the services listed in 

paragraphs (a)(1) through (6) of this 

section that are performed by Treasury, 

regardless of whether the action 

requested is granted or denied. An 

online payment portal is provided at 

https://www.fiscal.treasury.gov/suretybonds/. The amount of the fee will be 

based on which of the following 

categories of service is requested: 

(1) Examination of a company’s 

application for a certificate of authority 

as an acceptable surety on Federal 

bonds or for a certificate of authority as 

an acceptable reinsuring company on 

such bonds (see § 223.2(a)); 

(2) Examination of a company’s 

application for recognition as an 

admitted reinsurer of surety companies 

doing business with the United States 

(see § 223.12(h)); 

(3) Examination of a company’s 

application for recognition as a 

complementary reinsurer of surety 

companies doing business with the 

United States (see § 223.12(i)); 

(4) Examination of a company’s 

application for recognition as an alien 

reinsurer of surety companies doing 

business with the United States (see 

§ 223.12(j)); 

(5) Determination of a company’s 

continuing qualifications for annual 

renewal of its certificate of authority 

(see § 223.2(b)); or 

(6) Determination of a company’s 

continuing qualifications for annual 

renewal of its authority as an admitted 

reinsurer, complementary reinsurer, or 

alien reinsurer (see § 223.12). 

(b) In a given year a uniform fee will 

be collected from every company 

requesting a particular category of 

service, e.g., determination of a 

company’s continuing qualifications for 

annual renewal of its certificate of 

authority. However, Treasury reserves 

the right to redetermine the amounts of 

fees annually. Fees are determined in 

accordance with Office of Management 

and Budget Circular A–25, as amended. 

(c) Specific fee information may be 

obtained from the Surety Bonds 

Program, or online at https://

www.fiscal.treasury.gov/files/suretybonds/user-fees.pdf. In addition, a 

notice of the amount of a fee referred to 

in paragraphs (a)(1) through (6) of this 

section will be published in the Federal 

Register as each change in such fee is 

made. 

David A. Lebryk, 

Fiscal Assistant Secretary. 

[FR Doc. 2022–03937 Filed 3–2–22; 8:45 am] 

BILLING CODE 4810–AS–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2021–0785; FRL–9591–01– 

R1] 

Air Plan Approval; New Hampshire; 

Env-A 800 Testing and Monitoring 

Procedures, Env-A 619.03 PSD 

Program Requirements, and Env-A 

1200 VOC RACT 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

State Implementation Plan (SIP) 

revisions submitted by the State of New 

Hampshire. These revisions amend 

Testing and Monitoring Procedures for 

sources of air pollution; revise New 

Hampshire’s Prevention of Significant 

Deterioration (PSD) permitting program 

with respect to requirements for air 

quality modeling; fully approve certain 

infrastructure SIP requirements as they 

related to PSD permitting requirements 

for the 2015 Ozone and 2012 fine 

particle matter (PM2.5) National Ambient 

Air Quality Standards (NAAQS); and 

amend Volatile Organic Compounds 

(VOCs) Reasonably Available Control 

Technology (RACT). This action is being 

taken under the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before April 4, 2022. 


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ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2021–0785 at https://

www.regulations.gov, or via email to 

creilson.john@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure 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, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For 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. Publicly 

available docket materials are available 

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

U.S. Environmental Protection Agency, 

EPA Region 1 Regional Office, Air and 

Radiation Division, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that, if at all possible, you 

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays and 

facility closures due to COVID–19. 

FOR FURTHER INFORMATION CONTACT: John 

Creilson, Air Quality Branch, U.S. 

Environmental Protection Agency, EPA 

Region 1, 5 Post Office Square—Suite 

100 (Mail code 05–2), Boston, MA 

02109, tel. (617) 918–1688, email 

creilson.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Table of Contents 

I. Background 

a. Env-A 800 Testing and Monitoring 

Procedures 

b. Env-A 619.03 PSD Program 

Requirements 

c. Env-A 1200 VOC RACT 

II. Summary and Evaluation of State 

Submittal 

a. Env-A 800 Testing and Monitoring 

Procedures 

b. Env-A 619.03 PSD Program 

Requirements 

c. Env-A 1200 VOC RACT 

III. Proposed Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background 

a. Env-A 800 Testing and Monitoring 

Procedures 

On August 19, 2021, the New 

Hampshire Department of 

Environmental Services (NH DES) 

submitted a revision to its State 

Implementation Plan (SIP). The 

submittal consists of revisions to an 

existing rule, Env-A 800, Testing and 

Monitoring Procedures, that was 

previously approved into the New 

Hampshire SIP. A clarification letter, 

along with the updated rule, was 

subsequently submitted on December 

20, 2021. The clarification letter 

corrected an equation in the rule and 

omitted Env-A 810 from the New 

Hampshire SIP submittal. Env-A 800 

establishes testing and monitoring 

procedures, calculation procedures, 

standards, and requirements used to 

determine compliance with Federal and 

state air pollution regulations. The State 

made a number of relatively minor 

changes to the existing rule as described 

within this proposed rulemaking and 

requested that the version submitted on 

August 19, 2021, and clarified on 

December 20, 2021, be incorporated into 

the New Hampshire SIP, except for (1) 

section 801.02(b) and (d), which are 

related to trading programs, and (2) 

section 810, Air Pollution Control 

Equipment Monitoring Plan; Additional 

Testing and Monitoring. NH DES also 

stated that this revision supersedes all 

prior approved versions. 

b. Env-A 619.03 PSD Program 

Requirements 

On September 16, 2021, NH DES 

submitted a revision to its SIP-approved 

regulation Part Env-A 619.03, the State’s 

CAA PSD permitting program. The 

revision addresses conditional 

approvals related to the State’s PSD 

program for purposes of the 2015 Ozone 

and 2012 PM2.5 NAAQS infrastructure 

SIP requirements. Specifically, EPA 

conditionally approved infrastructure 

SIP elements associated with CAA 

sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), 

110(a)(2)(J), and 110(a)(2)(K). See 85 FR 

67651 (October 26, 2020). 

NH DES implements PSD largely 

through the incorporation by reference 

of the Federal PSD program at 40 CFR 

52.21, as it existed on a specific date. 

The State’s current SIP-approved 

version of the Federal PSD program 

references 40 CFR 52.21 as it was 

codified on July 1, 2016. EPA’s PSD 

regulations at 40 CFR 51.166(l) require 

a state’s SIP to ‘‘provide for procedures 

which specify that [a]ll applications of 

air quality modeling . . . shall be based 

on the applicable models, data bases, 

and other requirements specified in’’ 

EPA’s Guideline on Air Quality Models 

in appendix W of 40 CFR part 51, which 

was most recently revised on January 

17, 2017. 82 FR 5182; see also 82 FR 

14324 (Mar. 20, 2017). CAA sections 

110(a)(2)(C), (D)(i)(II), and (J) require a 

state to make an infrastructure SIP 

submission demonstrating that the air 

agency has a complete PSD permitting 

program in place satisfying current 

requirements. CAA section 110(a)(2)(K) 

requires that the SIP provide for the 

performance of such air quality 

modeling as the EPA Administrator may 

prescribe for the purpose of predicting 

the effect on ambient air quality of any 

emissions of any air pollutant for which 

EPA has established a NAAQS. 

With New Hampshire’s SIP 

referencing an earlier version of 

appendix W through its incorporation 

by reference of 40 CFR 52.21 as codified 

on July 1, 2016, EPA conditionally 

approved New Hampshire’s 

infrastructure SIP elements related to 

CAA sections 110(a)(2)(C), 

110(a)(2)(D)(i)(II), 110(a)(2)(J), and 

110(a)(2)(K), as the State’s PSD program 

was not consistent with the current 

Federal requirements. EPA found that 

outside the issue with appendix W, the 

State has a comprehensive PSD 

permitting program in place satisfying 

all other PSD program elements. 

Prior to EPA’s proposal of the 

conditional approvals, NH DES 

committed in a letter dated June 3, 2020, 

to submit for EPA approval revisions to 

Env-A 619.03 to update the reference 

date for 40 CFR 52.21 so as to 

incorporate EPA’s current ‘‘Guideline 

on Air Quality Models’’ in appendix W 

to 40 CFR part 51. The State’s 

September 16, 2021, SIP submittal 

addresses its June 3, 2020, commitment 

to submit necessary revisions of Env-A 

619.03 to EPA for approval into the SIP. 

c. Env-A 1200 VOC RACT 

On July 15, 2021, the NH DES 

submitted a revision to its SIP, which 

consists of amendments to an existing 

rule, Env-A 1200, Volatile Organic 

Compounds (VOC) Reasonably 

Available Control Technology (RACT), 

that was previously approved into the 

New Hampshire SIP on November 8, 


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2012 (77 FR 66921). Env-A 1200 

establishes requirements for the 

implementation of reasonably available 

control technology on certain stationary 

sources located in New Hampshire that 

emit volatile organic compounds. The 

rule expired on June 1, 2019, so the NH 

DES has readopted the chapter with 

minor amendment for clarity and to 

align with Federal requirements. 

II. Summary and Evaluation of State 

Submittal 

a. Env-A 800 Testing and Monitoring 

Procedures 

On August 19, 2021, the New 

Hampshire Department of 

Environmental Services (DES) 

submitted state regulation Env-A 800, 

Testing and Monitoring Procedures, to 

EPA and requested that the rule be 

submitted into the State’s SIP. A 

clarification letter, along with the 

updated rule, was subsequently 

submitted on December 20, 2021. The 

State indicated that these revisions 

supersede all prior approved versions. 

New Hampshire made the request in 

light of recent changes to the rule as a 

matter of state law. The proposed 

amendments are as follows: 

1. Updates to the procedure for 

recertification of continuous emissions 

monitoring systems. New Hampshire 

DES updated Env-A 800 to clarify and 

correct pre-test, sampling, and report 

submittal procedures for conducting 

Relative Accuracy Test Audits (RATAs) 

for recertifying Continuous Emissions 

Monitoring (CEM) systems installed at 

stationary sources. 

2. Updates to nitrogen oxides (NOX) 

RACT testing requirements to be 

consistent with Federal requirements. 

New Hampshire DES updated Env-A 

800 to simplify testing requirements for 

gaseous concentration measurements for 

NOX RACT-subject devices and tuneups. For example, one change New 

Hampshire made to the NOX RACT 

testing requirement was to clarify that 

sources only needed to choose one of 

the referenced test methods listed for 

gaseous concentration measurements, 

rather than use multiple test methods. 

3. Removal of language pertaining to 

time-shared CEM systems. New 

Hampshire DES updated Env-A 808, 

Continuous Emission Monitoring, to 

remove a provision relating to timeshared CEM systems, as there no longer 

are any installed at any New Hampshire 

sources. 

4. Modification of audit requirements 

to be consistent with EPA requirements. 

New Hampshire DES updated Env-A 

800 to modify quarterly audit 

requirements for continuous opacity 

monitors to follow 40 CFR part 60, 

appendix F, Procedure 3 procedures 

instead of 40 CFR part 60, appendix B, 

Performance Specification 1 

requirements in order to align with 

changes in Federal requirements. For 

example, section 808.05(b) of the 

previously adopted rule was modified 

such that the quarterly audit 

requirements reference 40 CFR part 60, 

appendix F, Procedure 3, instead of 40 

CFR part 60, appendix B, Performance 

Specification 1. 

5. Change in compliance testing for 

NOX and carbon monoxide (CO). New 

Hampshire DES updated Env-A 802.13, 

Compliance Stack Testing for Emissions 

of Nitrogen Oxides (NOX) or Carbon 

Monoxide, to require that when 

compliance testing is done for either 

NOX or CO, that testing be done for both 

gases. 

6. Definitions and calculations for 

multi-day rolling emissions averages. 

New Hampshire DES updated Env-A 

808.01, Definitions, to define ‘‘rolling 

average’’ as an arithmetic mean 

specified by an applicable emission 

limit. The calculations are defined in 

updated sections 808.01(h)(1)–(4). 

7. Modification of provisions of CEM 

systems. New Hampshire DES updated 

Env-A 800 to revise provisions relative 

to installation, operation, and auditing 

of CEM systems to cover the inclusion 

of future Federal New Source 

Performance Standards (NSPS) and 

National Emission Standards for 

Hazardous Air Pollutants (NESHAP) 

requirements for CEM systems. 

EPA has reviewed New Hampshire’s 

August 19, 2021 submittal of revisions 

to Env-A 800, Testing and Monitoring 

Procedures, and subsequent December 

20, 2021 clarification, and determined 

that they represent approvable revisions 

to the version previously approved into 

the New Hampshire SIP. 

b. Env-A 619.03 PSD Program 

Requirements 

EPA has reviewed the State’s 

September 16, 2021, SIP submittal with 

respect to revision for Env-A 619.03. NH 

DES readopted with amendments Env-A 

619.03 on March 16, 2021. The 

readoption made the state’s current 

regulations consistent with the Federal 

regulations as of July 1, 2019. NH DES 

amended Env-A 619.03 by including a 

new paragraph (d), which definitively 

states, ‘‘For the purposes of this part, the 

reference to Appendix W in 40 CFR 

52.21(l) shall refer to the July 1, 2019 

edition.’’ 

The changes NH DES made to its 

regulation sufficiently address EPA’s 

October 26, 2020, conditional approvals 

of the PSD- and modeling-related 

elements for the 2015 Ozone and 2012 

PM2.5 NAAQS infrastructure SIP 

requirements. Specifically, the new 

paragraph (d) provides that air quality 

modeling procedures will be consistent 

with EPA’s most recent revision of 

appendix W of 40 CFR part 51. 

Therefore, EPA proposes to replace the 

version of Env-A 619.03 currently in 

New Hampshire’s SIP with the March 

16, 2021, version and to convert the 

previous conditional approvals to full 

approvals. 

c. Env-A 1200 VOC RACT 

On July 15, 2021, NH DES submitted 

state regulation Env-A 1200, Volatile 

Organic Compounds (VOC) Reasonably 

Available Control Technology (RACT), 

to EPA requesting the rule be approved 

into the State’s SIP, and that the 

previously approved version of the 

regulation be removed from the SIP. The 

proposed amendments are primarily as 

follows: 

1. Clarify exemptions. Env-A 1201.04 

was revised to remove an exemption for 

which an owner or operator may be 

exempt from the chapter if they applied 

for a source specific RACT permit, or 

permit modification, by May 31, 2013. 

Since this date has passed, this 

provision is no longer applicable and 

was replaced with a provision of similar 

intent, which states that a source now 

subject to a source specific RACT 

permit, or a consent decree agreement, 

would be exempt from the chapter. A 

provision was also added that reiterates 

language elsewhere in the chapter that 

a source’s emissions must be below the 

relevant VOC category applicability 

threshold to be exempt from Env-A 

1200. 

2. Expand alternative compliance 

procedures. Env-A 1205.02 was revised 

to also be applicable to Env-A 1214 and 

1220, flat wood paneling and adhesive 

coating operations, respectively. These 

source categories will be allowed to 

comply with their emission rates by 

implementing add-on controls or a 

‘‘bubble,’’ which is a process in which 

similar sources at a facility are 

collectively controlled. This form of 

alternative compliance must be no less 

stringent than the otherwise prescribed 

limits. This paragraph was also edited to 

include reference to Env-A 800, Testing 

and Monitoring Procedures, which are 

customarily necessary for evaluating 

compliance with this chapter. 

3. Clarify that related cleaning activity 

emissions are generally subject to this 

chapter. To be consistent with EPA 

Control Techniques Guidelines (CTGs) 

documents, source emission 

applicability requirements was revised 

to expressly include the cleaning 


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activities associated with the relevant 

VOC RACT category. New Hampshire 

DES had, in practice, interpreted the 

previous Chapter as such, therefore the 

actual level of control is not expected to 

change because of this revision. 

EPA has reviewed New Hampshire’s 

July 15, 2021, submittal of revisions to 

Env-A 1200, Volatile Organic 

Compounds (VOC) Reasonably 

Available Control Technology (RACT) 

and determined that they represent 

approvable revisions to the version 

previously approved into the New 

Hampshire SIP. These revisions 

primarily clarify existing requirements 

and in certain circumstances in which 

they expand control options, are 

explicitly required to be no less 

stringent that the previous control 

requirements. Therefore, the revised 

rule is expected to achieve no fewer 

emission reductions that the previously 

approved version. Thus, revising the SIP 

to incorporate the revised rule will not 

interfere with any applicable 

requirement concerning attainment and 

reasonable further progress or any other 

applicable requirement of the Act. See 

CAA section 110(l). 

III. Proposed Action 

EPA is proposing to approve the New 

Hampshire revisions to (1) Env-A 800 

submitted on August 19, 2021, and 

clarified on December 20, 2021; (2) EnvA 619.03 submitted on September 16, 

2021; and (3) Env-A 1200 submitted on 

August 19, 2021. Furthermore, EPA is 

proposing to convert its October 26, 

2020, conditional approvals of 

infrastructure SIP elements associated 

with CAA sections 110(a)(2)(C), 

110(a)(2)(D)(i)(II), 110(a)(2)(J), and 

110(a)(2)(K) for the 2015 Ozone and 

2012 PM2.5 NAAQS to a full approval. 

EPA’s proposed action regarding 

infrastructure SIP requirements for the 

2015 ozone and 2012 PM2.5 NAAQS is 

contained in Table 1 below. 

TABLE 1—PROPOSED ACTION ON NEW HAMPSHIRE’S INFRASTRUCTURE SIP ELEMENTS FOR THE 2015 OZONE AND 2012 

PM2.5 NAAQS 

Element 2015 ozone NAAQS 2012 PM2.5

NAAQS 

*******

(C)2: PSD program for major sources and major modifications ................................. Approve .................................................... Approve. 

* * * * * * * 

(D)2: PSD ..................................................................................................................... Approve .................................................... Approve. 

* * * * * * * 

(J)3: PSD ...................................................................................................................... Approve .................................................... Approve. 

* * * * * * * 

(K): Air quality modeling and data ............................................................................... Approve .................................................... Approve. 

* * * * * * * 

EPA is soliciting public comments on 

the issues discussed in this document or 

on other relevant matters. These 

comments will be considered before 

taking final action. Interested parties 

may participate in the Federal 

rulemaking procedure by submitting 

written comments to this proposed rule 

by following the instructions listed in 

the ADDRESSES section of this Federal 

Register document. 

IV. Incorporation by Reference 

In this rule, EPA is proposing to 

include in a final EPA 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 

New Hampshire regulations Env-A 800 

as adopted on April 30, 2019, with the 

exception of section 801.02(b) and (d) 

and section 810; Env-A 619.03 as 

adopted on March 16, 2021; and Env-A 

1200 as adopted on October 17, 2019. 

The EPA has made, and will continue 

to make, these documents generally 

available through https://

www.regulations.gov and at the EPA 

Region 1 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

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 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 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 those requirements would 

be inconsistent with the Clean Air Act; 

and 


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1Annual monitoring data is typically certified by 

May 1 of the following year. In this case Wisconsin 

has early-certified the 2021 ozone data for the area 

prior to the May 1, 2022, deadline. 

• 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 18, 2022. 

David Cash, 

Regional Administrator, EPA Region 1. 

[FR Doc. 2022–04032 Filed 3–2–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2022–0008; FRL–9609–01– 

R5] 

Air Plan Approval; Wisconsin; 

Redesignation of the Revised Door 

County (Partial) Area to Attainment of 

the 2015 Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to find that 

the revised Door County (partial) 

nonattainment area in Wisconsin is 

attaining the 2015 ozone National 

Ambient Air Quality Standard (NAAQS 

or standard) and to act in accordance 

with a request from the Wisconsin 

Department of Natural Resources 

(WDNR) to redesignate the area to 

attainment of the 2015 ozone NAAQS, 

because the request meets the statutory 

requirements for redesignation under 

the Clean Air Act (CAA). Wisconsin 

submitted this request on January 5, 

2022. EPA is also proposing to approve, 

as a revision to the Wisconsin State 

Implementation Plan (SIP), the 

emissions inventory for the area and the 

State’s plan for maintaining the 2015 

ozone NAAQS through 2035 in the area. 

Finally, EPA is proposing to approve 

Wisconsin’s 2030 and 2035 volatile 

organic compound (VOC) and oxides of 

nitrogen (NOX) Motor Vehicle Emission 

Budgets (budgets) for this area and 

initiating the adequacy review process 

for these budgets. 

DATES: Comments must be received on 

or before April 4, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2022–0008 at https://

www.regulations.gov or via email to 

arra.sarah@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure 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. 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, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Jenny Liljegren, Physical Scientist, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6832, 

Liljegren.Jennifer@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. This supplementary information 

section is arranged as follows: 

I. What is EPA proposing? 

II. What is the background for these actions? 

III. What are the criteria for redesignation? 

IV. What is EPA’s analysis of Wisconsin’s 

redesignation request? 

A. Has the area attained the 2015 ozone 

NAAQS? 

B. Has Wisconsin met all applicable 

requirements of section 110 and part D 

of the CAA for the area, and does 

Wisconsin have a fully approved SIP for 

the area under section 110(k) of the 

CAA? 

C. Are the air quality improvements in the 

area due to permanent and enforceable 

emission reductions? 

D. Does Wisconsin have a fully approvable 

ozone maintenance plan for the area? 

V. Has the state adopted approvable motor 

vehicle emission budgets? 

VI. Proposed actions 

VII. Statutory and executive order reviews 

I. What is EPA proposing? 

EPA is proposing to determine that 

the revised Door County (partial) 

nonattainment area in Wisconsin (the 

area) is attaining the 2015 ozone 

NAAQS, based on quality-assured and 

early 1 certified monitoring data for 

2019–2021, and that this area has met 

the requirements for redesignation 

under section 107(d)(3)(E) of the CAA. 

EPA is thus proposing to change the 

legal designation of the area from 

nonattainment to attainment for the 

2015 ozone NAAQS. EPA is also 

proposing to approve, as a revision to 

the Wisconsin SIP, the emissions 

inventory for this area and the State’s 

maintenance plan (such approval being 

one of the CAA criteria for redesignation 

to attainment status) for the area. The 

maintenance plan is designed to keep 

the area in attainment of the 2015 ozone 

NAAQS through 2035. Finally, EPA is 

proposing to approve the newlyestablished 2030 and 2035 budgets for 

the area. 

II. What is the background for these 

actions? 

Ground-level ozone is detrimental to 

human health. On October 1, 2015, EPA 

promulgated a revised health-based 8- 

hour ozone NAAQS of 0.070 parts per 

million (ppm). See 80 FR 65292 

(October 26, 2015). Under EPA’s 

regulations at 40 CFR part 50, the 2015 

ozone NAAQS is attained in an area 

when the 3-year average of the annual 

fourth highest daily maximum 8-hour 

average concentration is equal to or less 

than 0.070 ppm, when truncated after 

the thousandth decimal place, at all the 

ozone monitoring sites in the area. See 

40 CFR 50.19 and appendix U to 40 CFR 

part 50. 

Upon promulgation of a new or 

revised NAAQS, section 107(d)(1)(B) of 

the CAA requires EPA to designate as 

nonattainment any areas that are 

violating the NAAQS, based on the most 


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