Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Rules and Regulations 14799 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

29 CFR Parts 1610 and 1612 

Updates to Telephone and Facsimile 

Numbers 

AGENCY: Equal Employment 

Opportunity Commission. 

ACTION: Technical amendments. 

SUMMARY: This document amends the 

Equal Employment Opportunity 

Commission’s regulations by updating a 

telephone number and a facsimile 

number. 

DATES: Effective March 16, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Oram, Assistant Legal 

Counsel, at (202) 921–2665 or 

kathleen.oram@eeoc.gov, or Erin Norris, 

Senior Staff Attorney, at (980) 296–1286 

or erin.norris@eeoc.gov, Office of Legal 

Counsel, U.S. Equal Employment 

Opportunity Commission. Requests for 

this document in an alternative format 

should be made to the EEOC’s Office of 

Communications and Legislative Affairs 

at (202) 921–3191 (voice), 1–800–669– 

6820 (TTY), or 1–844–234–5122 (ASL 

video phone). 

SUPPLEMENTARY INFORMATION: The Equal 

Employment Opportunity Commission 

(EEOC or Commission) recently 

upgraded some of its communication 

systems and certain telephone and 

facsimile numbers in use by the agency 

were changed. As a result, the EEOC’s 

regulations require updating to correct a 

telephone number and a facsimile 

number. The telephone number, which 

is available for use by the public to 

access information about agency 

meetings, appears in the EEOC’s 

regulations covering the Government in 

the Sunshine Act at 29 CFR 1612.7(a). 

The facsimile number appears in the 

EEOC’s regulations on the Freedom of 

Information Act (FOIA) at 29 CFR 

1610.7(b) and 1610.11(a); this number is 

one method by which requests or 

appeals under the FOIA may be 

submitted to the EEOC Office of Legal 

Counsel. 

List of Subjects in 29 CFR Parts 1610 

and 1612 

Freedom of information, Government 

in the Sunshine Act, Equal employment 

opportunity. 

Accordingly, the Equal Employment 

Opportunity Commission amends 29 

CFR parts 1610 and 1612 as follows: 

PART 1610—AVAILABILITY OF 

RECORDS 

■ 1. The authority citation for part 1610 

continues to read as follows: 

Authority: 42 U.S.C. 2000e–12(a), 5 U.S.C. 

552 as amended by Pub. L. 93–502, Pub. L. 

99–570, and Pub. L. 105–231; for § 1610.15, 

non-search or copy portions are issued under 

31 U.S.C. 9701. 

§ 1610.7 [Amended] 

■ 2. In § 1610.7 amend paragraph (b) by 

removing the number ‘‘(202) 653–6034’’ 

and adding in its place the number 

‘‘(202) 827–7545’’. 

§ 1610.11 [Amended] 

■ 3. In § 1610.11 amend paragraph (a) 

by removing the number ‘‘(202) 653– 

6034’’ and adding in its place the 

number ‘‘(202) 827–7545’’. 

PART 1612—GOVERNMENT IN THE 

SUNSHINE ACT REGULATIONS 

■ 4. The authority citation for part 1612 

continues to read as follows: 

Authority: 5 U.S.C. 552b, sec. 713, 78 Stat. 

265; 42 U.S.C. 2000e–12. 

§ 1612.7 [Amended] 

■ 5. In § 1612.7 amend paragraph (a) 

introductory text by removing the 

number ‘‘202–663–7100’’ and adding in 

its place the number ‘‘(202) 921–2750’’. 

Charlotte A. Burrows, 

Chair. 

[FR Doc. 2022–05502 Filed 3–15–22; 8:45 am] 

BILLING CODE 6570–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2021–0307; FRL–9587–02– 

R3] 

Air Plan Approval; Pennsylvania; 

Allegheny County Area Fine 

Particulate Matter Clean Data 

Determination 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing a 

determination that the Allegheny 

County, Pennsylvania nonattainment 

area has clean data for the 2012 annual 

fine particulate matter (PM2.5) national 

ambient air quality standard (NAAQS). 

This clean data determination (CDD) is 

based upon quality-assured, qualitycontrolled, and certified ambient air 

monitoring data showing the area has 

attained the 2012 annual PM2.5 NAAQS 

based on the 2018–2020 data available 

in EPA’s Air Quality System (AQS) 

database. Based on this clean data 

determination, pursuant to EPA’s Clean 

Data Policy, the obligation for 

Pennsylvania to make submissions to 

meet certain Clean Air Act (CAA or the 

Act) attainment plan requirements for 

the 2012 annual PM2.5 NAAQS for the 

Allegheny County area is suspended for 

as long as the area continues to attain 

the 2012 annual PM2.5 NAAQS. 

Following this final action, 

Pennsylvania’s remaining obligation to 

submit contingency measures in 

response to EPA’s May 14, 2021 

conditional approval of Allegheny 

County’s PM2.5 attainment plan is 

suspended. Additionally, the federal 

implementation plan (FIP) clock, which 

was triggered by EPA’s March 26, 2018 

Finding of Failure to Submit an 

attainment plan for the 2012 PM2.5

NAAQS for the Allegheny County 

Nonattainment Area, is suspended for 

the remaining contingency measures 

element conditionally approved as part 

of EPA’s May 14, 2021 action on the 

Allegheny County PM2.5 attainment 

plan. 

DATES: This final action is effective on 

April 15, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2021–0307. All 

documents in the docket are available 

for inspection at the Regulations.gov 

website, at https://www.regulations.gov. 

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: 

Brian Rehn, 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) 814–2176. 

Mr. Rehn can also be reached via 

electronic mail at rehn.brian@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

intended to refer to the EPA. 


jspears on DSK121TN23PROD with RULES1
14800 Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Rules and Regulations 

1See 80 FR 2206, January 15, 2015. 

2See 40 CFR 81.339. 

3See 83 FR 14759, April 6, 2018. 

4 40 CFR 51.1015(a). 

5See 86 FR 49497. 

6See 86 FR 26388, May 14, 2021. 

7The D.C. Circuit has upheld the Clean Data 

Policy interpretation as embodied in the EPA’s 8- 

hour ozone Implementation Rule at 40 CFR 51.918. 

NRDC v. EPA, 571 F. 3d 1245 (D.C. Cir. 2009). Other 

U.S. Circuit Courts of Appeals that have considered 

and reviewed the EPA’s Clean Data Policy 

interpretation have upheld it and the rulemakings 

applying the EPA’s interpretation. Sierra Club v. 

EPA, 99 F.3d 1551 (10th Cir. 1996); Sierra Club v. 

EPA, 375 F. 3d 537 (7th Cir. 2004); Our Children’s 

Earth Foundation v. EPA, N. 04–73032 (9th Cir. 

June 28, 2005) (memorandum opinion); Latino 

Issues Forum, v. EPA, Nos. 06–75831 and 08–71238 

(9th Cir. March 2, 2009) (memorandum opinion). 

8See 81 FR 58010 (August 24, 2016) and 40 CFR 

51.1015. 

Table of Contents 

I. Background 

II. Response to Public Comments 

III. Final Action 

IV. Statutory and Executive Orders Review 

I. Background 

On December 14, 2012, the EPA 

revised the level of the primary annual 

PM2.5 standard, lowering the level from 

15.0 micrograms per cubic meter (mg/ 

m3) to 12.0 mg/m3. Effective April 15, 

2015, EPA issued area designations for 

the 2012 annual PM2.5 NAAQS.1 In that 

action, EPA designated the Allegheny 

County, Pennsylvania area (Allegheny 

County Area) as a moderate 

nonattainment area for the 2012 annual 

PM2.5 NAAQS.2

On April 6, 2018, EPA published a 

‘‘finding of failure to submit’’ under 

section 110(k) of the CAA, finding that 

several areas nationwide (including the 

Allegheny County Area) failed to submit 

required SIP elements for the 2012 

annual PM2.5 NAAQS.3 At that time, 

Pennsylvania had failed to submit the 

following specific moderate area SIP 

elements for the Allegheny County 

Area: an attainment demonstration; 

control strategies analysis, including 

reasonably available control measures 

(RACM) and reasonably available 

control technology (RACT); a reasonable 

further progress (RFP) plan; quantitative 

milestones; emission inventories, and 

contingency measures. That finding of 

failure to submit triggered the sanctions 

clock under section 179 of the CAA, as 

well as an obligation under section 

110(c) of the CAA for EPA to 

promulgate a FIP no later than two years 

from the effective date of the finding, if 

Pennsylvania had not submitted, and 

EPA did not approve, the required SIP 

submission. 

Pennsylvania submitted the required 

Allegheny County Area PM2.5

nonattainment plan (or the Allegheny 

County PM2.5 Plan, or simply the 

Allegheny County Plan) on September 

30, 2019. On November 1, 2019, EPA 

determined the submitted PM2.5 Plan to 

be technically and administratively 

complete (in accordance with SIP 

completeness criteria of CAA section 

110(k) and 40 CFR part 51, appendix V), 

correcting the finding of failure to 

submit deficiency with respect to the 

missing nonattainment area planning 

requirements for the Area under the 

2012 PM2.5 NAAQS and stopping the 

sanctions clock (but not the FIP clock) 

triggered by EPA’s April 6, 2018 finding. 

On May 14, 2021 (86 FR 26388), EPA 

approved elements of the Allegheny 

County Area PM2.5 Plan, except the 

required contingency measures element 

of the plan, which EPA conditionally 

approved. That final PM2.5 Plan 

approval action terminated EPA’s FIP 

obligation for all CAA required 

nonattainment plan elements except for 

the contingency measures element. As 

to the contingency measures element of 

the Allegheny County Area PM2.5 Plan, 

EPA’s May 14, 2021 conditional 

approval of the plan’s contingency 

measures element suspended EPA’s FIP 

obligation for the duration of the 

conditional approval of that element. If 

Pennsylvania timely submits a SIP 

revision containing approvable 

contingency measures by May 14, 2022, 

upon EPA’s subsequent approval of that 

SIP revision, EPA’s FIP obligation with 

respect to the contingency measures 

element of the Allegheny County Area 

PM2.5 Plan will be terminated. 

On September 3, 2021 (86 FR 49497), 

EPA proposed to determine that the 

Allegheny County Area is attaining the 

2012 PM2.5 annual NAAQS under the 

Clean Data Policy,4 based on the most 

recent three years (2018–2020) of valid 

monitoring data. EPA proposed that, if 

finalized, the clean data determination 

would suspend Pennsylvania’s 

obligation to submit the outstanding 

contingency measure element of the 

attainment plan for the PM2.5 NAAQS 

for as long as the area continues to 

attain the 2012 annual PM2.5 NAAQS. 

Additional details can be found in 

EPA’s September 3, 2021 proposed 

action.5 Finally, the September 3, 2021 

action proposed to suspend the FIP 

clock triggered by the March 26, 2018, 

Finding of Failure to Submit action that 

were not halted by subsequent submittal 

and EPA approval of most elements of 

the attainment plan.6

II. Response to Public Comments 

EPA’s September 3, 2021 proposed 

clean data determination action for the 

Allegheny County nonattainment area 

for the PM2.5 NAAQS opened a thirtyday public comment period, which 

closed on October 4, 2021. EPA received 

comments from three individual 

commenters. All comments received 

have been placed in the docket for this 

action. A summary of the relevant 

comments received and EPA’s responses 

thereto are listed below. 

Comment 1: The commenter stated 

that while they generally support the 

proposed clean data determination 

action, they disagree with the 

suspension of certain PM2.5 plan 

requirements related to attainment— 

namely the attainment demonstration, 

RACM and RACT demonstrations, 

emission control strategies, RFP plan, 

quantitative milestones, and 

contingency measures. Given the 

lateness of Pennsylvania’s submission of 

the required attainment plan in 2018, 

the commenter contends that 

Pennsylvania should adopt these 

requirements. 

Response 1: Under EPA’s 

longstanding Clean Data Policy 

interpretation as codified for PM2.5 at 40 

CFR 51.1015, a determination that a 

PM2.5 nonattainment area has attained 

the NAAQS suspends the state’s 

obligation to submit to EPA those SIP 

nonattainment planning elements 

related to attaining that NAAQS for as 

long as the area continues to attain the 

standard. Because the purpose of certain 

nonattainment plan elements is to help 

bring a violating area into attainment, if 

data shows that the area has attained, 

EPA interprets that these requirements 

should no longer be applicable. For 

more than two decades, and for many 

NAAQS, EPA has consistently applied 

its Clean Data Policy interpretation to 

attainment-related provisions of 

subparts 1, 2 and 4 of part D, title I of 

the CAA. The Clean Data Policy is the 

subject of several EPA memoranda and 

regulations and numerous individual 

rulemakings published in the Federal 

Register. These rulemakings have 

applied the interpretation to a broad 

spectrum of ozone, fine particulate 

matter, lead, and carbon monoxide 

NAAQS—including the 1997 and 2006 

PM2.5 NAAQS. The Clean Data Policy 

has been reviewed and upheld by 

Federal courts on a number of 

occasions.7 The 2016 PM2.5 SIP 

Requirements Rule’s Clean Data Policy 

interpretation with respect to CAA 

subpart 4 aligns with that implemented 

under prior fine particulate matter 

NAAQS.8 EPA has previously 

articulated its Clean Data Policy 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Rules and Regulations 14801 

9See, e.g., 75 FR 27944 (May 19, 2010) 

(determination of attainment of the PM10 standard 

in Coso Junction, California); 71 FR 13021 (March 

14, 2006) (Yuma, Arizona area); 71 FR 40023 (July 

14, 2006) (Weirton, West Virginia area); 71 FR 

44920 (August 8, 2006) (Rillito, Arizona area); 71 

FR 63642 (October 30, 2006) (San Joaquin Valley, 

California area) 72 FR 14422 (March 28, 2007) 

(Miami, Arizona area). In the EPA’s proposed and 

final rulemakings determining that the San Joaquin 

Valley nonattainment area attained the PM10

standard, the EPA set forth at length its rationale 

for applying the Clean Data Policy to PM10 under 

subpart 4. 71 FR at 63643–45. The Ninth Circuit 

upheld the EPA’s final rule, and specifically the 

EPA’s Clean Data Policy, in the context of subpart 

4. Latino Issues Forum v. EPA, supra. Nos. 06– 

75831 and 08–71238 (9th Cir. March 2, 2009) 

(memorandum opinion). 

10See 86 FR 26388 (May 14, 2021). 

11 Ibid. 

12See 40 CFR 51.1015(a). 

13See 40 CFR 52.2023(n). 

14See 86 FR 26388 (May 14, 2021). 

15See Bahr v. Regan, 6 F.4th 1059, 1083 (9th Cir. 

2021). 

16See 83 FR 14759. 

interpretation under CAA subpart 4 in 

implementing the PM10 standard.9

As described in the proposed action, 

the clean data determination does not 

suspend other CAA nonattainment plan 

requirements, such as an emissions 

inventory, nonattainment new source 

review requirements, and certain 

emission reduction requirements, that 

are considered independent of 

attainment. In any case, EPA’s May 14, 

2021, approval of Allegheny County’s 

Plan for the 2012 Annual PM2.5 NAAQS 

fully approved all required moderate 

area nonattainment plan elements— 

including nearly all elements referenced 

by the commenter—except for the 

contingency plan, which was 

conditionally approved.10 Therefore, 

those SIP-approved plan elements for 

the 2012 PM2.5 NAAQS are in place and 

in effect, regardless of the subsequent 

suspension of the obligation to submit 

them pursuant to this clean data 

determination. In the case of the 

contingency measures element of the 

PM2.5 plan, which EPA conditionally 

approved, the clean data determination 

suspends the requirement to submit a 

SIP revision addressing that element as 

long as the area continues to attain the 

2012 Annual PM2.5 NAAQS.11 Under 

the Clean Data Policy and the 

regulations adopted to address PM2.5, 

suspended plan elements would be 

permanently discharged if the area is 

redesignated to attainment.12

Comment 2: The commenter contends 

that because many states failed to 

submit required SIP nonattainment plan 

elements to EPA in a timely manner, it 

is important that EPA establish a FIP 

under the authority of the CAA as a 

supplement to the SIP, and to step in to 

meet nonattainment planning 

requirement commitments on behalf of 

the states, if need be, and that the 

process for doing so be transparent to 

the public. 

Response 2: As discussed in the prior 

response, Pennsylvania did submit a 

moderate PM2.5 attainment plan, and 

EPA approved all the elements of that 

plan except for the contingency 

measures, which were conditionally 

approved. Full approval also means that 

these elements of the plan are in the SIP 

and federally enforceable. The purpose 

of a CAA section 110(c)(1) FIP is to 

provide a backstop where a state has 

failed to make a required submission or 

where EPA has disapproved a state’s 

plan or found such plan to be deficient; 

in this case, where EPA has fully 

approved the state’s plan, a FIP is not 

provided for under the CAA. 

Regarding the contingency measures 

element, EPA’s conditional approval 

requires the state to submit a SIP to 

remedy the conditional approval of the 

contingency measure plan element no 

later than May 14, 2022.13 EPA’s 

approval of the SIP revision addressing 

contingency measures would terminate 

the FIP clock for that outstanding plan 

element. However, upon the effective 

date of this Clean Data Determination, 

the requirement to submit the 

contingency measures element of the 

attainment SIP and EPA’s FIP 

requirement for that element are 

suspended as long as the Allegheny 

County Area continues to attain the 

2012 Annual PM2.5 NAAQS.14

III. Final Action 

EPA is finalizing this Clean Data 

Determination, under the Clean Data 

Policy, as proposed. Pursuant to 40 CFR 

51.1015, EPA has determined that based 

on 3-years of certified, complete, and 

valid ambient air monitoring data 

between 2018 and 2020, the Allegheny 

County Area has attained the 2012 

annual PM2.5 NAAQS. Therefore, 

Pennsylvania’s obligation to submit the 

attainment plan elements referenced in 

40 CFR 51.1015(a)—including the 

conditionally approved contingency 

measures element of the attainment 

plan—are suspended as long as the area 

continues to attain the 2012 annual 

PM2.5 NAAQS. For the Allegheny Area, 

EPA has already approved into the SIP 

the attainment demonstration, projected 

emissions inventories, RACM (including 

RACT), RFP plans, motor vehicle 

emissions budgets, and quantitative 

milestones for the Allegheny Area. The 

requirement to submit the conditionally 

approved contingency measures 

element is suspended until such time 

as: (1) EPA determines that the area has 

violated the 2012 Annual PM2.5

NAAQS; (2) the area is redesignated to 

attainment, after which such 

requirements are permanently 

discharged; or (3) EPA determines that 

the area attained by its attainment date 

of December 31, 2021.15

Although the plan submittal 

obligation has been suspended, this 

clean data determination action does 

not preclude Pennsylvania from 

submitting, nor the EPA from acting 

upon, the suspended attainment plan 

element. As a result of this final action, 

the FIP clock triggered by the EPA’s 

March 26, 2018, Finding of Failure to 

Submit are suspended.16

This final action does not constitute a 

redesignation of the Allegheny County 

nonattainment area to attainment for the 

2012 annual PM2.5 NAAQS under CAA 

section 107(d)(3) because Pennsylvania 

has not yet submitted a request for 

redesignation or a maintenance plan for 

the Area and EPA has not approved a 

maintenance plan for the Allegheny 

County Area meeting the requirements 

of section 175A of the CAA, nor has 

EPA determined that the Area has met 

the other CAA requirements for 

redesignation. The classification and 

designation status in 40 CFR part 81 

remains Moderate nonattainment for 

this area until such time as the EPA 

determines that Pennsylvania has met 

the CAA requirements for redesignation 

to attainment for the Allegheny County 

PM2.5 Area. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

This action finalizes a clean data 

determination based on attainment of 

air quality and suspends certain Federal 

nonattainment planning requirements. 

This action imposes no new Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. For this reason, this final 

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.); 


jspears on DSK121TN23PROD with RULES1
14802 Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Rules and Regulations 

1State Implementation Plans: Response to 

Petition for Rulemaking; Findings of Substantial 

Inadequacy; and SIP Calls to Amend Provisions 

Applying to Excess Emissions During Periods of 

Startup, Shutdown, and Malfunction, 78 FR 12460 

(February 22, 2013). 

• 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 CAA; 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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because this action 

imposes no new requirements to apply 

in Indian country located in the State, 

and EPA notes that this action will not 

impose direct costs on tribal 

governments or preempt tribal law. 

B. Submission to Congress and the 

Comptroller General 

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). 

C. Petitions for Judicial Review 

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

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by May 16, 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 to determine attainment, 

under the Clean Data Policy, of 

Allegheny County nonattainment area 

for the 2012 Annual PM2.5 NAAQS 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, Particulate matter, Reporting 

and recordkeeping requirements. 

Diana Esher, 

Acting Regional Administrator, Region III. 

[FR Doc. 2022–05446 Filed 3–15–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2017–0041; FRL–9572–01– 

R9] 

Approval of Arizona Air Plan 

Revisions, Arizona Department of 

Environmental Quality and Maricopa 

County Air Quality Department 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the Arizona 

Department of Environmental Quality 

(ADEQ) and Maricopa County Air 

Quality Department (MCAQD) portions 

of the Arizona State Implementation 

Plan (SIP). These revisions were 

submitted by ADEQ and MCAQD in 

response to the EPA’s June 12, 2015 

finding of substantial inadequacy and 

SIP call for certain provisions in the SIP 

related to excess emissions during 

startup, shutdown, and malfunction 

(SSM) events. The EPA is finalizing 

approval of the SIP revisions because 

the Agency has determined that they are 

in accordance with the requirements for 

SIP provisions under the Clean Air Act 

(CAA or the Act) and correct 

deficiencies identified in the June 12, 

2015 SIP call. 

DATES: These rules are effective on April 

15, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2017–0041. All 

documents in the docket are listed on 

the http://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 http://

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: 

Christine Vineyard, EPA Region IX, 

(415) 947–4125, vineyard.christine@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Background 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background 

On February 22, 2013, the EPA issued 

a Federal Register notice of proposed 

rulemaking outlining EPA’s policy at 

the time with respect to SIP provisions 

related to periods of SSM. EPA analyzed 

specific SSM SIP provisions and 

explained how each one either did or 

did not comply with the CAA with 

regard to excess emission events.1 For 

each SIP provision that EPA determined 

to be inconsistent with the CAA, EPA 

proposed to find that the existing SIP 

provision was substantially inadequate 

to meet CAA requirements and thus 

proposed to issue a SIP call under CAA 

section 110(k)(5). On September 17, 

2014, EPA issued a document 

supplementing and revising what the 

Agency had previously proposed on 

February 22, 2013, in light of a D.C. 

Circuit decision that determined the 

CAA precludes authority of the EPA to 

create affirmative defense provisions 


jspears on DSK121TN23PROD with RULES1