12866 Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations 

1 86 FR 27346. 

(ii) In cases where the designation 

states that service may be made by 

email, the person submitting the 

designation shall affirm under penalty 

of perjury that the corporation, 

partnership, or unincorporated 

association for which the agent has been 

designated waives the right to personal 

service by means other than email and 

that the person making the designation 

has been authorized to waive that right 

on behalf of the corporation, 

partnership, or unincorporated 

association and any other affiliated 

entity for which the filing is made for 

Board proceedings. 

(f) Amendments. A corporation, 

partnership, or unincorporated 

association shall have a duty to 

maintain current information in the 

directory. A corporation, partnership, or 

unincorporated association may amend 

a designation of a service agent by 

following directions on the Board’s 

website. Such amendment shall be 

accompanied by the fee set forth in 37 

CFR 201.3. The requirements found in 

paragraph (d) of this section shall apply 

to the service agent designation 

amendment. If current information is 

not timely maintained and, as a result, 

the identification or address of the 

service agent in the directory is no 

longer accurate, the Board may, in its 

discretion and subject to any reasonable 

conditions that the Board may decide to 

impose, determine whether service 

upon that agent or at that address was 

effective. 

(g) Public directory—(1) In general. 

After a corporation, partnership, or 

unincorporated association submits a 

service agent designation, such 

designation shall be made available on 

the public designated service agent 

directory after payment has been 

remitted and the Board has reviewed the 

submission to determine whether the 

submission qualifies for the designated 

agent provision. 

(2) Removal from directory. If the 

Board determines that a submitted 

service agent designation does not 

qualify under this section or if it has 

reason to believe that the submitter was 

not authorized by law to make the 

designation on behalf of the corporation, 

partnership, or unincorporated 

association, it shall notify the submitter 

that it intends not to add the record to 

the directory, or that it intends to 

remove the record from the directory, 

and shall provide the submitter 10 

calendar days to respond. If the 

submitter fails to respond, or if, after 

reviewing the response, the Board 

determines that the submission does not 

qualify for the designated service agent 

directory, the entity shall not be added 

to, or shall be removed from, the 

directory. 

(3) Content of public listing. The 

designation shall be indexed under the 

names of each corporation, partnership, 

or unincorporated association for which 

an agent has been designated and shall 

be made available on the Board’s 

website. The email address and 

telephone number of the corporation, 

partnership, or unincorporated 

association provided under paragraph 

(d)(1)(i) of this section shall not be made 

publicly available on the designated 

service agent directory website, but such 

information shall be made available to 

Board staff. 

(4) Designation date. A designation 

filed in accordance with this section 

before April 7, 2022 will become 

effective on that date. 

Dated: February 28, 2022. 

Shira Perlmutter, 

Register of Copyrights and Director of the 

U.S. Copyright Office. 

Approved by: 

Carla D. Hayden, 

Librarian of Congress. 

[FR Doc. 2022–04745 Filed 3–7–22; 8:45 am] 

BILLING CODE 1410–30–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0296; FRL–9386–01– 

R9] 

Air Plan Approval; California; Los 

Angeles—South Coast Air Basin 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the South Coast 

Air Quality Management District 

(SCAQMD or ‘‘District’’) portion of the 

California State Implementation Plan 

(SIP). We are also determining that the 

submitted SIP revision fulfills the 

District’s and the State’s commitment to 

adopt and submit a specific enforceable 

contingency measure to address Clean 

Air Act (CAA or ‘‘Act’’) requirements for 

the 2006 24-hour and 2012 annual 

national ambient air quality standards 

(NAAQS) for fine particulate matter 

(PM2.5) in the South Coast air basin. 

DATES: This rule is effective on April 7, 

2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2021–0296. 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. If 

you need assistance in a language other 

than English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Ginger Vagenas, EPA Region IX, 75 

Hawthorne Street, San Francisco, CA 

94105. By phone at (415) 972–3964 or 

by email at vagenas.ginger@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On May 20, 2021, the EPA proposed 

to approve all but paragraphs (g) and (k) 

of the following rule into the California 

SIP.1

TABLE 1—RULE ADDRESSED BY EPA PROPOSAL

Local agency Rule No. Rule Amended Submitted 

SCAQMD .......... 445 Wood-Burning Devices (except paragraphs (g) and (k)) ............ October 27, 2020 ... October 29, 2020. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations 12867 

2We assume the commenter’s statement that the 

EPA must consider the PM2.5 emissions that 

substitute heating will cause ‘‘when qualifying the 

PM2.5 reductions from this contingency measure’’ 

was intended to refer to the quantification of the 

emission reductions to be achieved by the measure. 

3 86 FR 27346, 27348. We note that the Ninth 

Circuit Court of Appeals recently remanded an EPA 

rulemaking that relied on a rationale and 

interpretation of the contingency measure 

requirement in CAA section 172(c)(9) that the court 

found to be arbitrary and capricious. Ass’n of 

Irritated Residents v. EPA, 10 F.4th 937 (9th Cir. 

August 26, 2021). The EPA is currently reviewing 

this decision, evaluating our November 9, 2020 

final action conditionally approving the 

contingency measure element of the 2016 PM2.5

Plan, and considering what remedial steps are 

appropriate to comply with CAA requirements in 

light of the decision. 

4 86 FR 27346, 27347 (citing prior final action on 

2016 PM2.5 Plan at 85 FR 71264 (November 9, 

2020)). 

5 86 FR 27346, 27348 (May 20, 2021). 

6 85 FR 40026, 40049–40050 (July 2, 2020). 

7 85 FR 71264, 71266 (November 9, 2020). 

8 ‘‘Sole source of heat’’ is defined in Rule 445 as 

the only permanent source of heat that is capable 

of meeting the space heating needs of a household. 

9As a separate matter, we acknowledge and 

support California’s policy shift toward the usage of 

higher efficiency and lower carbon technologies, 

such as heat pumps. 

10Rule 445 (as amended October 27, 2020), 

subdivision (i) (exempting, inter alia, ‘‘[r]esidential 

or commercial properties where a wood-burning 

device is the sole source of heat’’ and any ‘‘low 

income household’’ from the mandatory 

curtailment provisions in subdivisions (e), (f), and 

(g)). 

11SCAQMD, ‘‘Final Staff Report, Proposed 

Amended Rule 445—Wood-Burning Devices,’’ June 

5, 2020, 19. 

We proposed to approve this rule, 

excluding paragraph (g) (Ozone 

Contingency Measures) and paragraph 

(k) (Penalties), based on a determination 

that it complies with CAA requirements 

for enforceability and SIP revisions in 

CAA sections 110(a)(2) and 110(l) and 

fulfills commitments that the State and 

District previously submitted to meet 

the requirements of CAA section 

110(k)(4). Our proposed action contains 

more information on the rule and our 

evaluation. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received one comment 

letter from the Center for Biological 

Diversity (CBD). We respond to CBD’s 

comments below. 

Comment 1: CBD stated that the EPA 

should consider the air pollution 

impacts of the alternative sources of 

heat people use when a curtailment is 

in effect. CBD claimed that ‘‘it is 

arbitrary to assume that people will 

simply go without heat when’’ a 

curtailment for wood burning devices is 

in effect and that ‘‘[m]ost likely people 

will use very inefficient heat devices 

like electric or propane space heaters’’ 

as a replacement source of heat. CBD 

contended that the EPA ‘‘must consider 

the PM2.5 emissions this substitute 

heating will cause when qualifying the 

PM2.5 reductions from this contingency 

measure’’ and must rely on the ‘‘net 

savings’’ (i.e., the emissions reductions 

from wood stove curtailment minus the 

emissions increase from replacement 

heat) in calculating the emissions 

reductions from the contingency 

measure. 

Response 1: These comments are 

outside the scope of this rule because 

they pertain to the quantification of 

PM2.5 emissions reductions to be 

achieved by the submitted contingency 

measure.2 We are not reevaluating in 

this action our bases for concluding that 

Rule 445, if revised consistent with the 

District’s commitments, would satisfy 

the contingency measure requirements 

in CAA section 172(c)(9) and 40 CFR 

51.1014 for the 2006 and 2012 PM2.5

NAAQS, as described in our July 2, 

2020 proposal on the 2016 PM2.5 Plan. 

As we explained in our May 20, 2021 

proposed rulemaking, our action is 

limited to approving Rule 445, as 

amended October 27, 2020, into the SIP 

based on our conclusion that the 

amended rule meets the requirements 

for enforceability and SIP revisions in 

CAA sections 110(a)(2) and 110(l) and 

fulfills the State and District 

commitments that provided the basis for 

our November 9, 2020 final rule 

conditionally approving the 

contingency measure element of the 

2016 PM2.5 Plan.3 Comments pertaining 

to the quantification of emissions 

reductions to be achieved by Rule 445 

for PM2.5 contingency measure purposes 

are, therefore, outside the scope of this 

rule. 

As we explained in our proposed 

rulemaking, we previously approved 

portions of California’s SIP submission 

to address the CAA’s ‘‘Moderate’’ area 

requirements for the 2012 PM2.5 NAAQS 

in the South Coast nonattainment area 

(‘‘2016 PM2.5 Plan’’). As part of that 

action, the EPA conditionally approved 

the contingency measure element of the 

2016 PM2.5 Plan as meeting the 

applicable requirements of CAA section 

172(c)(9) and 40 CFR 51.1014 for the 

2006 PM2.5 NAAQS and the 2012 PM2.5

NAAQS.4 Our conditional approval of 

the contingency measure element of the 

2016 PM2.5 Plan for these NAAQS was 

based on specific commitments by the 

District and CARB to adopt and submit, 

within a specified timeframe, revisions 

to District Rule 445 (‘‘Wood Burning 

Devices’’), to lower the rule’s mandatory 

curtailment threshold by specified 

amounts upon any of the four EPA 

determinations (i.e., ‘‘findings of 

failure’’) listed in 40 CFR 51.1014(a).5

Our proposed rulemaking to approve 

and conditionally approve the 2016 

PM2.5 Plan for purposes of these 

NAAQS, which published July 2, 2020, 

provided our evaluation of the District’s 

quantification of the emissions 

reductions to be achieved by the 

specified revisions to Rule 445, and our 

rationale for concluding that the State’s 

timely submission of revised Rule 445 

would satisfy the contingency measure 

requirements in CAA section 172(c)(9) 

and 40 CFR 51.1014 for the 2006 and 

2012 PM2.5 NAAQS.6 We received no 

public comments that were germane to 

our proposal, and on November 9, 2020, 

we finalized this proposal without 

change.7

The commenter’s concern appears to 

rest on the assumption that significant 

numbers of residents using woodburning devices as their sole source of 

residential heat 8 will be compelled by 

the rule to switch to more inefficient 

sources of residential heat. We have no 

information indicating that the SIP 

revisions that we are approving will 

result in such a large scale shift.9 Rule 

445 entirely exempts wood-burning 

devices used as the sole source of heat 

in a residential or commercial property 

and wood-burning devices used in lowincome households from its curtailment 

provisions.10 Additionally, according to 

the District, the additional number of 

No-Burn days resulting from the June 5, 

2020 amendments is expected to be 

small (about 12 days) during the woodburning season, and the cost impacts on 

the general public are also expected to 

be minimal as wood-burning devices in 

the South Coast air basin are primarily 

used ‘‘for aesthetic purposes.’’ 11

Comment 2: CBD stated that the EPA 

must consider, in its Clean Air Act 

section 110(l) analysis, ‘‘all of the air 

pollution from the replacement heating’’ 

that people will use as a result of the 

wood-burning curtailment provisions in 

Rule 445. For example, the commenter 

stated, ‘‘will the increased electric 

demand from electric replacement heat 

cause or contribute to additional NOX

NAAQS violations near the fossil fuel 

burning peaking plants meeting this 

increased demand.’’ The commenter 

further asserted that ‘‘[r]elying on 

monitoring data to say [there] is no NOX

problem would be arbitrary as the NOX

ambient monitoring network is woefully 

inadequate to determine if peaking 

fossil plants are causing NOX [NAAQS] 

violations.’’ 

Response 2: We disagree with the 

commenter’s suggestion that, for 


lotter on DSK11XQN23PROD with RULES1
12868 Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations 

12 78 FR 59249 (final rule approving Rule 445, as 

amended May 3, 2013, into California SIP). 

13 86 FR 27346, 27347–27348 (May 20, 2021). 

14The SIP-approved version of Rule 445 (as 

amended May 3, 2013) applied the wood-burning 

curtailment basin-wide only when the ‘‘source 

receptor area’’ (SRA) where the PM2.5 forecast 

exceeded the forecast threshold also contained ‘‘a 

monitoring station that has recorded a violation of 

the 2006 24-hour PM2.5 NAAQS for either of the two 

previous three-year design value periods.’’ Rule 445 

(as amended May 3, 2013), subdivision (6)(B). In all 

other situations, the wood-burning curtailment 

applied only in specific SRAs. Id. 

15The EPA is not acting at this time on the new 

provisions addressing ozone contingency measures 

in subdivision (g) of Rule 445 that the District 

adopted on October 27, 2020. 86 FR 27346, 27347. 

16We note also that implementation of revised 

Rule 445 is not likely to cause a largescale shift to 

inefficient heating devices given the exemptions in 

Rule 445. See Response 1. 

17 86 FR 27346, 27348. 18Letter dated October 28, 2020, from Gwen 

Yoshimura, EPA Region IX, to Dr. Matt Miyasato, 

SCAQMD. 19Letter dated March 17, 2021, from Elizabeth 

Adams, EPA, Region IX, to Dr. Matt Miyasato, 

SCAQMD, and EPA Region IX, ‘‘Technical Systems 

Audit of the Ambient Air Monitoring Program: 

South Coast Air Quality Management District June 

1–5, 2020,’’ March 2021. 

purposes of the limited revisions to Rule 

445 at issue in this action, CAA section 

110(l) requires the EPA to consider all 

of the air pollution that might result 

from use of replacement heating sources 

due to implementation of all of the 

curtailment provisions in Rule 445. 

Section 110(l) of the CAA prohibits the 

EPA from approving a SIP revision ‘‘if 

the revision would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress’’ or any other applicable 

requirement of the CAA. As we 

explained in our proposed rulemaking, 

the EPA approved an earlier version of 

Rule 445 into the SIP on September 26, 

2013.12 On June 5, 2020, the District 

amended Rule 445 to add lower 

mandatory wood-burning curtailment 

provisions in subdivision (f) to be 

implemented as PM2.5 contingency 

measures upon a determination by the 

EPA that any of the four failures listed 

under 40 CFR 51.1014(a) has 

occurred.13 The June 5, 2020 

amendments to Rule 445 also extended 

the geographic scope of the mandatory 

wood-burning curtailment provisions to 

the entire South Coast air basin on any 

day for which the PM2.5 forecast at a 

‘‘source receptor area’’ (SRA) in the air 

basin exceeds the forecast threshold.14

The District adopted further 

amendments pertaining to ozone 

contingency measures on October 27, 

2020, which the EPA is not acting on at 

this time, but retained the Rule 445 

amendments adopted June 5, 2020, 

unchanged.15 Thus, the only SIP 

revisions that we are approving are 

those amended provisions of Rule 445 

initially adopted on June 5, 2020, and 

retained in the October 27, 2020 

amended rule—i.e., the new PM2.5

contingency measure provisions in 

subdivision (f) and the extension of the 

wood-burning curtailment provisions to 

apply basin-wide. Section 110(l) of the 

CAA requires the EPA to consider 

whether these particular SIP revisions 

would interfere with any applicable 

requirement concerning attainment and 

reasonable further progress or any other 

applicable requirement of the CAA; it 

does not require the EPA to consider all 

of the air pollution that may result from 

changes in behavior that may or may not 

be caused by the District’s 

implementation of the rule as a whole.16

The June 5, 2020 amendments to Rule 

445 strengthen the SIP by lowering the 

forecast threshold by 1 microgram per 

meter cubed each time the PM2.5

contingency measure provisions in 

subdivision (f) are triggered and by 

prohibiting the use of wood-burning 

devices basin-wide, rather than only in 

specific SRAs, whenever the PM2.5

forecast at any SRA in the air basin 

exceeds the forecast threshold. The 

commenter provides no specific support 

for the claim that these strengthened 

aspects of Rule 445 will ‘‘interfere with 

any applicable requirement concerning 

attainment and reasonable further 

progress’’ or any other applicable 

requirement of the CAA. Given the 

incremental PM2.5 emissions reductions 

expected to result from the District’s 

revisions to Rule 445, and the absence 

of any information in the record 

indicating that implementation of the 

revised rule will adversely affect air 

quality or otherwise interfere with CAA 

requirements with respect to the PM2.5

NAAQS, we find this SIP revision an 

improvement to the SIP for this area. 

The commenter’s concern appears to 

relate not to the PM2.5 NAAQS, but 

rather to the NO2 NAAQS, and potential 

adverse consequences in the vicinity of 

electric generating units that could 

result from increased electricity 

generation due to these revisions to Rule 

445. The commenter did not provide 

any support for the premise that these 

specific revisions to Rule 445 would 

materially elevate NOX emissions in the 

South Coast air basin or elsewhere, and 

the EPA does not anticipate that this 

would occur as a result of the additional 

wood-burning curtailment that may be 

required if the contingency measure 

provisions in Rule 445 are triggered in 

the future, given the exemptions in Rule 

445. See Response 1. 

Finally, comments about the 

adequacy of the NO2 ambient 

monitoring network in the South Coast 

air basin are also outside the scope of 

this action. As we explained in the 

proposed rulemaking, we evaluated 

Rule 445, as amended October 27, 2020, 

solely for purposes of determining 

whether it meets the requirements for 

enforceability and SIP revisions in CAA 

sections 110(a)(2) and 110(l) and 

determining whether the State and 

District fulfilled the commitments that 

provided the basis for our conditional 

approval of the contingency measure 

element of the 2016 PM2.5 Plan for 

purposes of the PM2.5 NAAQS.17

Comments about the NOX ambient 

monitoring network and potential 

violations of the NO2 NAAQS, therefore, 

are not germane to this rule. 

The EPA notes, however, that it has 

separately approved the District’s 2020 

annual network plan submitted to 

satisfy the requirements in 40 CFR part 

58 pertaining to NO2 air quality 

monitors.18 Additionally, the EPA 

recently conducted a technical systems 

audit of the SCAQMD’s ambient air 

quality monitoring program, including 

network management, field operations, 

quality assurance, and data management 

procedures, and found no deficiencies 

in the NO2 monitoring network.19

III. Final Action 

No comments were submitted that 

change our assessment of the rule as 

described in our proposed action. 

Therefore, as authorized in section 

110(k)(3) of the Act, the EPA is fully 

approving this rule, except paragraph (g) 

(Ozone Contingency Measures) and 

paragraph (k) (Penalties), into the 

California SIP. The October 27, 2020 

version of Rule 445 will replace the 

previously approved version of this rule 

in the SIP. We have determined that the 

submitted SIP revision fulfills the 

District’s and the State’s commitment to 

adopt and submit a specific enforceable 

contingency measure to address CAA 

requirements for the 2006 24-hour fine 

PM2.5 NAAQS and the 2012 annual 

PM2.5 NAAQS in the South Coast air 

basin and, on that basis, we are 

converting our November 9, 2020 

conditional approval to a full approval. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the South 

Coast Air Quality Management District 

rule described in the amendments to 40 

CFR part 52 set forth below. The EPA 

has made, and will continue to make, 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations 12869 

these documents available through 

www.regulations.gov and at the EPA 

Region IX 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, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

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

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 9, 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, 

Particulate matter, Reporting and 

recordkeeping requirements. 

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

Dated: March 2, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(430)(i)(A)(3) and 

(c)(570), to read as follows: 

§ 52.220 Identification of plan-in part. 

* * * * * 

(c) * * * 

(430) * * * 

(i) * * * 

(A) * * * 

(3) Previously approved on September 

26, 2013 in paragraph (c)(430)(i)(A)(2) of 

this section and now deleted with 

replacement in (c)(570)(i)(A)(1), Rule 

445, ‘‘Wood Burning Devices,’’ adopted 

on May 3, 2013. 

* * * * * 

(570) An amended regulation for the 

following APCD was submitted on 

October 29, 2020 by the Governor’s 

designee as an attachment to a letter 

dated October 29, 2020. 

(i) Incorporation by reference. (A) 

South Coast Air Quality Management 

District. 

(1) Rule 445, ‘‘Wood-Burning 

Devices,’’ amended on October 27, 2020, 

except paragraph (g), ‘‘Ozone 

Contingency Measures,’’ and paragraph 

(k), ‘‘Penalties.’’ 

(2) [Reserved] 

(B) [Reserved] 

(ii) [Reserved] 

§ 52.248 [Amended] 

■ 3. Section 52.248 is amended by 

removing and reserving paragraph (k). 

[FR Doc. 2022–04761 Filed 3–7–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0452; FRL–9175–02– 

R4] 

Air Plan Approval; NC; Removal of 

Transportation Facilities Rules for 

Mecklenburg County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing a State 

Implementation Plan (SIP) revision to 


lotter on DSK11XQN23PROD with RULES1