Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Rules and Regulations 19629 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone lasting only 1 hour that will 

prohibit entry between MM 464.0 to 

464.5 on the Tennessee River for the 

fireworks display. It is categorically 

excluded from further review under 

paragraph L60 of Appendix A, Table 1 

of DHS Instruction Manual 023–01– 

001–01, Rev. 1. Due to the emergency 

nature of this rulemaking, a Record of 

Environmental Consideration is not 

required. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1., Revision No. 01.2.Inserting 

required closing tag for E. 

■ 2. Add § 165.T08–0223 to read as 

follows: 

§ 165.T08–0223 Safety Zone; Tennessee 

River, Chattanooga, TN. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Tennessee River, Mile Markers 464.0 to 

464.5, extending the entire width of the 

river. 

(b) Periods of enforcement. This 

section will be enforced from 9:30 p.m. 

through 10:30 p.m. on April 21, 2022. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the Captain 

of the Port Sector Ohio Valley (COTP) 

or the COTP’s designated representative. 

A designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard assigned to 

units under the operational control of 

USCG Sector Ohio Valley. 

(2) Vessels requiring entry into this 

safety zone must request permission 

from the COTP or a designated 

representative. To seek entry into the 

safety zone, contact the COTP or the 

COTP’s representative by telephone at 

502–779–5422 or on VHF–FM channel 

16. 

(3) Persons and vessels permitted to 

enter this safety zone must transit at 

their slowest safe speed and comply 

with all lawful directions issued by the 

COTP or the designated representative. 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public through 

Broadcast Notices to Mariners (BNMs), 

Local Notices to Mariners (LNMs), and 

Marine Safety Information Bulletins 

(MSIBs) about this safety zone, 

enforcement period, as well as any 

changes in the dates and times of 

enforcement. 

Dated: March 30, 2022. 

A.M. Beach, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Ohio Valley. 

[FR Doc. 2022–07156 Filed 4–4–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0638; FRL–9101–02– 

R9] 

Clean Air Plans; Base Year Emissions 

Inventories for the 2015 Ozone 

Standards; Arizona; Phoenix-Mesa and 

Yuma Nonattainment Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving, under the 

Clean Air Act (CAA), revisions to the 

Arizona state implementation plan (SIP) 

concerning the base year emissions 

inventory requirements for the PhoenixMesa ozone nonattainment area 

(‘‘Phoenix-Mesa’’) and Yuma ozone 

nonattainment area (‘‘Yuma’’) for the 

2015 ozone national ambient air quality 

standards (NAAQS). 

DATES: This rule is effective May 5, 

2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2021–0638. 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: Ben 

Leers, Air Planning Office (AIR–2), EPA 

Region IX, (415) 947–4279, leers.ben@

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. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On July 8, 2020, the Arizona 

Department of Environmental Quality 

(ADEQ) submitted a revision to the 

Arizona SIP titled ‘‘Maricopa 

Association of Governments (MAG) 

2020 Eight-Hour Ozone Plan’’ (‘‘2020 

Phoenix-Mesa SIP Submittal’’). The 

2020 Phoenix-Mesa SIP Submittal 

includes a 2017 baseline emissions 

inventory for Phoenix-Mesa developed 

by the Maricopa Association of 

Governments. On December 22, 2020, 

ADEQ submitted a revision to the 

Arizona SIP titled ‘‘Marginal Ozone 


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19630 Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Rules and Regulations 

1 86 FR 58630. 

Plan for the Yuma Nonattainment 

Area,’’ and on July 1, 2021, ADEQ 

provided a technical supplement to its 

December 22, 2020 SIP revision. 

ADEQ’s December 22, 2020 SIP revision 

and July 1, 2021 technical supplement 

include a 2017 baseline emissions 

inventory for Yuma and are herein 

referred to collectively as the ‘‘2020 

Yuma SIP Submittal.’’ 

On October 22, 2021, the EPA 

proposed to approve the 2020 PhoenixMesa SIP Submittal and 2020 Yuma SIP 

Submittal as meeting the ozone-related 

baseline emissions inventory 

requirement for the Phoenix-Mesa and 

Yuma ozone nonattainment areas, 

respectively, for the 2015 ozone 

NAAQS.1 Our October 22, 2021 

proposed rule also discussed the 

following: Background on the 2015 

ozone NAAQS; an overview of the 

baseline emissions inventory 

requirements for the 2015 ozone 

NAAQS under sections sections 

172(c)(3) and 182(a)(1) of the CAA and 

under the EPA’s implementing 

regulations for the 2015 ozone NAAQS 

at 40 CFR 51.1315; an overview of 

ADEQ’s SIP revisions submitted to meet 

the ozone baseline emissions inventory 

requirement for Phoenix-Mesa and 

Yuma; a discussion of the public notice 

and hearing procedures conducted by 

ADEQ to meet the requirements of CAA 

sections 110(a)(1) and 110(l) and 40 CFR 

51.102; and our evaluation of ADEQ’s 

SIP submittals. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received no comments 

on our proposed rulemaking. 

III. EPA Action 

For the reasons described in our 

October 22, 2021 proposed action, we 

are taking final action to approve the 

2020 Phoenix-Mesa SIP Submittal and 

2020 Yuma SIP Submittal as meeting 

the ozone-related baseline emissions 

inventory requirement for the PhoenixMesa and Yuma ozone nonattainment 

areas for the 2015 ozone NAAQS. The 

emissions inventories in the 2020 

Phoenix-Mesa SIP Submittal and 2020 

Yuma SIP Submittal contain 

comprehensive, accurate, and current 

inventories of actual emissions for all 

relevant sources in accordance with 

CAA sections 172(c)(3) and 182(a). 

IV. 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. The Fort 

McDowell Yavapai Nation, the Gila 

River Indian Community of the Gila 

River Indian Reservation, the Tohono 

O’odham Nation of Arizona, and the 

Salt River Pima Maricopa Indian 

Community of the Salt River 

Reservation have areas of Indian 

country located within the PhoenixMesa nonattainment area for the 2015 

ozone NAAQS. The Cocopah Tribe of 

Arizona and the Quechan Tribe of the 

Fort Yuma Indian Reservation have 

areas of Indian country located within 

the Yuma nonattainment area for the 

2015 ozone NAAQS. In those areas of 

Indian country, this final 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 June 6, 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, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 


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Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Rules and Regulations 19631 

Dated: March 29, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

For the reasons stated in the 

preamble, the EPA amends chapter I, 

title 40 of the Code of Federal 

Regulations 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 D—Arizona 

■ 2. Section 52.120, paragraph (e), table 

1 is amended: 

■ a. Under the heading ‘‘Part D Elements 

and Plans for the Metropolitan Phoenix 

and Tucson Areas,’’ by adding entries 

for ‘‘SIP Revision: Marginal Ozone Plan 

for the Yuma Nonattainment Area 

(dated December 17, 2020), excluding 

chapter D and appendix C’’ and 

‘‘Supplemental Information for the 

Yuma Ozone Marginal Non-Attainment 

Area State Implementation Plan 

Emission Inventory (dated June 30, 

2021)’’ before the entry for ‘‘SIP 

Revision: Hayden Lead Nonattainment 

Area, excluding Appendix C’’; and 

■ b. Under the heading ‘‘Part D 

Elements and Plans for the Metropolitan 

Phoenix and Tucson Areas’’ by adding 

an entry for ‘‘MAG 2020 Eight-Hour 

Ozone Plan—Submittal of Marginal 

Area Requirements for the Maricopa 

Nonattainment Area (dated June 2020), 

excluding the chapter titled ‘‘Emissions 

Statements—CAA Section 

182(a)(3)(B)’’ ’’ after the entry for 

‘‘Reasonably Available Control 

Technology (RACT) Analysis, Negative 

Declaration and Rules Adoption’’. 

The additions read as follows: 

§ 52.120 Identification of plan. 

* * * * * 

(e) * * * 

TABLE 1—EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MEASURES

[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] 1

Name of SIP 

provision 

Applicable 

geographic or 

nonattainment area 

or title/subject 

State/submittal date EPA approval date Explanation 

The State of Arizona Air Pollution Control Implementation Plan 

*******

Part D Elements and Plans (Other than for the Metropolitan Phoenix or Tucson Areas) 

SIP Revision: Marginal Ozone Plan 

for the Yuma Nonattainment Area 

(dated December 17, 2020), excluding chapter D and appendix 

C.

Yuma 2015 8-hour ozone 

nonattainment area.

December 22, 2020 ... April 5, 2022, [INSERT Federal 

Register CITATION].

Adopted by the Arizona Department of Environmental Quality 

on December 22, 2020. 

Supplemental Information for the 

Yuma Ozone Marginal Non-Attainment Area State Implementation Plan Emission Inventory 

(dated June 30, 2021).

Yuma 2015 8-hour ozone 

nonattainment area.

July 1, 2021 ................ April 5, 2022, [INSERT Federal 

Register CITATION].

Submitted as a supplement to the 

SIP Revision: Marginal Ozone 

Plan for the Yuma Nonattainment Area on July 1, 2021. 

* * * * * * * 

Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas 

*******

MAG 2020 Eight-Hour Ozone 

Plan—Submittal of Marginal Area 

Requirements for the Maricopa 

Nonattainment Area (dated June 

2020), excluding the chapter titled 

‘‘Emissions Statements—CAA 

Section 182(a)(3)(B)’’.

Phoenix-Mesa 2015 8-hour 

ozone nonattainment 

area.

July 8, 2020 ................ April 5, 2022, [INSERT Federal 

Register CITATION].

Adopted by the Arizona Department of Environmental Quality 

on July 7, 2020. 

* * * * * * * 

1Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and Plans), Part D Elements 

and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas. 

* * * * * 

[FR Doc. 2022–07056 Filed 4–4–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0410; FRL–8791–02– 

R9] 

Air Plan Limited Approval and Limited 

Disapproval; California; Air Resources 

Board; Volatile Organic Compounds 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing a limited 

approval and limited disapproval of a 

revision to the California Air Resources 

Board (CARB) portion of the California 

State Implementation Plan (SIP). These 

revision concerns emissions of volatile 

organic compounds (VOCs) from vapor 

recovery systems of gasoline cargo 

tanks. Under the authority of the Clean 

Air Act (CAA or the Act), this action 


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