18702 Federal Register / Vol. 87, No. 62 / Thursday, March 31, 2022 / Rules and Regulations 

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 31, 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 pertaining to revisions to 

7 Del. Admin. Code 1124 Control of 

Volatile Organic Compound Emissions 

Section 11.0 Mobile Equipment Repair 

and Refinishing 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, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: March 23, 2022. 

Diana Esher, 

Acting Regional Administrator, Region III. 

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 I—Delaware 

■ 2. In § 52.420, the table in paragraph 

(c) is amended by revising the entry 

‘‘Section 11.0’’ under ‘‘1124 Control of 

Volatile Organic Compound Emissions’’ 

to read as follows: 

§ 52.420 Identification of plan. 

* * * * * 

(c) * * * 

State regulation 

(7 DNREC 1100) Title/subject 

State 

effective 

date 

EPA approval date Additional 

explanation 

*******

1124 Control of Volatile Organic Compound Emissions 

*******

Section 11.0 ............... Mobile Equipment Repair and Refinishing 10/11/2010 3/31/2022, [insert Federal Register citation].

*******

* * * * * 

[FR Doc. 2022–06615 Filed 3–30–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2020–0410; EPA–R05– 

OAR–2021–0141; FRL–9484–02–R5] 

Air Plan Approval; Wisconsin; 

Redesignation of the Manitowoc, 

Wisconsin, Area to Attainment of the 

2015 Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) finds that the Manitowoc, 

Wisconsin, area is attaining the 2015 

ozone National Ambient Air Quality 

Standard (NAAQS or standard) and is 

approving, in accordance with a request 

from the Wisconsin Department of 

Natural Resources (WDNR), the 

redesignation of the area to attainment 

for the 2015 ozone NAAQS, because the 

request meets the statutory requirements 

for redesignation under the Clean Air 

Act (CAA). Also, EPA is approving 

WDNR’s certification that its stationary 

annual emissions statement regulation, 

which has been previously approved by 

EPA under a prior ozone standard, 

satisfies the CAA emission statement 

rule requirement for the 2015 ozone 

standard. WDNR submitted these 

requests on August 3, 2020, and October 

29, 2021. EPA is also approving, as a 

revision to the Wisconsin State 

Implementation Plan (SIP), the State’s 

plan for maintaining the 2015 ozone 

NAAQS through 2033 in the Manitowoc 

area. EPA also finds adequate and is 

approving Wisconsin’s 2025 and 2033 

volatile organic compound (VOC) and 

oxides of nitrogen (NOX) motor vehicle 

emission budgets for the Manitowoc 

area. These revisions satisfy the 

emissions inventory requirements for 

the partial Manitowoc area under the 

2015 ozone NAAQS. The CAA requires 

emission inventories for all areas that 

were designated nonattainment. 

DATES: This final rule is effective on 

March 31, 2022. 

ADDRESSES: EPA has established dockets 

for this action under Docket ID No. 

EPA–R05–OAR–2020–0410 and EPA– 

R05–OAR–2021–0141. All documents in 

the docket are listed on the 

www.regulations.gov website. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays and 

facility closures due to COVID–19. We 

recommend that you telephone Emily 

Crispell, Environmental Scientist, at 

(312) 353–8512 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Emily Crispell, Environmental Scientist, 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 62 / Thursday, March 31, 2022 / Rules and Regulations 18703 

Control Strategies Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 353–8512, crispell.emily@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

I. Background Information 

On February 1, 2022 (87 FR 5438), 

EPA proposed to approve the 2015 

Ozone NAAQS Redesignation and 

Maintenance Plan for the Manitowoc 

area, WDNR’s 2025 and 2033 VOC and 

NOX motor vehicle emission budgets for 

the Manitowoc area, WDNR’s emissions 

inventory for the partial Manitowoc area 

under the 2015 ozone NAAQS, and 

WDNR’s emissions statement 

certification for the 2015 ozone 

standard. An explanation of the CAA 

requirements, a detailed analysis of the 

revisions, and EPA’s reasons for 

proposing approval were provided in 

the notice of proposed rulemaking 

(NPRM) and will not be restated here. 

The public comment period for this 

proposed rule ended on March 3, 2022. 

During the comment period, EPA 

received one comment. The comment 

was supportive of the proposed action 

and the commentor stated that 

environmental regulations are necessary 

and that the proposed regulation should 

go into effect. The comment received is 

included in the docket for this action. 

EPA did not receive any adverse 

comments. Therefore, we are finalizing 

our action as proposed. 

II. What action is EPA taking? 

EPA finds that the Manitowoc area is 

attaining the 2015 ozone NAAQS, based 

on quality-assured and certified 

monitoring data for 2018–2020 showing 

that the area has met the requirements 

for redesignation under section 

107(d)(3)(E) of the CAA. Quality-assured 

and certified monitoring data for 2021 

show that the area continues to attain 

the 2015 ozone NAAQS. EPA is thus 

approving a change in the legal 

designation of the Manitowoc area from 

nonattainment to attainment for the 

2015 ozone NAAQS. EPA is also 

approving, as a revision to the 

Wisconsin SIP, the State’s maintenance 

plan for the area. The maintenance plan 

is designed to keep the Manitowoc area 

in attainment of the 2015 ozone NAAQS 

through 2033. EPA also finds adequate 

and is approving the newly established 

2025 and 2033 VOC and NOX motor 

vehicle emission budgets for the 

Manitowoc area. EPA is also approving 

the base year emissions inventories for 

the partial Manitowoc area under the 

2015 ozone NAAQS. Finally, we are 

confirming that Wisconsin has 

acceptable and enforceable annual 

emission statement regulations for the 

2015 ozone standard. 

In accordance with 5 U.S.C. 553(d) of 

the Administrative Procedure Act 

(APA), EPA finds there is good cause for 

this action to become effective 

immediately upon publication. The 

immediate effective date for this action 

is authorized under 5 U.S.C. 553(d)(1). 

Section 553(d)(1) of the APA provides 

that final rules shall not become 

effective until 30 days after publication 

in the Federal Register ‘‘except . . . a 

substantive rule which grants or 

recognizes an exemption or relieves a 

restriction.’’ The purpose of this 

provision is to ‘‘give affected parties a 

reasonable time to adjust their behavior 

before the final rule takes effect.’’ 

Omnipoint Corp. v. Fed. Commc’n 

Comm’n, 78 F.3d 620, 630 (D.C. Cir. 

1996); see also United States v. 

Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 

1977) (quoting legislative history). 

However, when the agency grants or 

recognizes an exemption or relieves a 

restriction, affected parties do not need 

a reasonable time to adjust because the 

effect is not adverse. EPA has 

determined that this rule relieves a 

restriction because this rule relieves 

sources in the area of Nonattainment 

New Source Review (NNSR) permitting 

requirements; instead, upon the 

effective date of this action, sources will 

be subject to less restrictive Prevention 

of Significant Deterioration (PSD) 

permitting requirements. For this 

reason, EPA finds good cause under 5 

U.S.C. 553(d)(1) for this action to 

become effective on the date of 

publication of this action. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. 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 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, 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). 

This action is subject to the 

Congressional Review Act, and EPA will 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. This action 


jspears on DSK121TN23PROD with RULES1
18704 Federal Register / Vol. 87, No. 62 / Thursday, March 31, 2022 / Rules and Regulations 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

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 31, 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, and Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: March 21, 2022. 

Debra Shore, 

Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, EPA amends 40 CFR parts 52 

and 81 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.2585 is amended by 

adding paragraph (rr) to read as follows: 

§ 52.2585 Control strategy: Ozone. 

* * * * * 

(rr) Redesignation. Approval—On 

October 29, 2021, Wisconsin submitted 

a request to redesignate the Manitowoc 

County area to attainment of the 2015 

8-hour ozone standard. As part of the 

redesignation request, the State 

submitted a maintenance plan as 

required by section 175A of the Clean 

Air Act. Elements of the section 175 

maintenance plan include a contingency 

plan and an obligation to submit a 

subsequent maintenance plan revision 

in eight years as required by the Clean 

Air Act. The ozone maintenance plan 

also establishes 2025 and 2033 Motor 

Vehicle Emission Budgets (MVEBs) for 

the area. The 2025 MVEBs for the 

Manitowoc County area are 0.47 tons 

per hot summer day for VOC and 0.91 

tons per hot summer day for NOX. The 

2033 MVEBs for the Manitowoc County 

area are 0.32 tons per hot summer day 

for VOC and 0.61 tons per hot summer 

day for NOX. 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. Section 81.350 is amended by 

revising the entry for ‘‘Manitowoc 

County, WI’’ in the table entitled 

‘‘Wisconsin–2015 8-Hour Ozone 

NAAQS [Primary and Secondary]’’ to 

read as follows: 

§ 81.350 Wisconsin. 

* * * * * 

WISCONSIN—2015 8-HOUR OZONE NAAQS 

[Primary and secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

*******

Manitowoc County, WI .................................................... 3/31/2022 Attainment .......................... .................... Marginal (Rural Transport). 

Manitowoc County (part): 

Inclusive and east of the following roadways 

with the boundary starting from north to 

south: County Road B which turns into 

South State Street to County Road V which 

turns into Forest Home Drive to South Packer Drive to West Hillcrest Road to Highway 

43 to West Custer Street to Dufek Drive 

which turns into Highway 42.

* * * * * * * 

1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian 

country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country. 2This date is August 3, 2018, unless otherwise noted. 

* * * * * 

[FR Doc. 2022–06757 Filed 3–30–22; 8:45 am] 

BILLING CODE 6560–50–P 


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