19806 Federal Register / Vol. 87, No. 66 / Wednesday, April 6, 2022 / Rules and Regulations 

1 In March 2008, EPA completed another review 

of the primary and secondary ozone NAAQS and 

tightened them further by lowering the level for 

both to 0.075 ppm. See 73 FR 16436 (March 27, 

2008). Additionally, in October 2015, EPA 

completed a review of the primary and secondary 

ozone NAAQS and tightened them by lowering the 

level for both to 0.070 ppm. See 80 FR 65292 

(October 26, 2015). 

2Section 107(d)(3)(E) of the CAA sets out the 

requirements for redesignating a nonattainment area 

to attainment. They include attainment of the 

NAAQS, full approval of the applicable SIP 

pursuant to CAA section 110(k), determination that 

improvement in air quality is a result of permanent 

and enforceable reductions in emissions, 

demonstration that the state has met all applicable 

section 110 and part D requirements, and a fully 

approved maintenance plan under CAA section 

175A. 

3 John Calcagni, Director, Air Quality 

Management Division, EPA Office of Air Quality 

Planning and Standards, ‘‘Procedures for Processing 

Requests to Redesignate Areas to Attainment,’’ 

September 4, 1992 (Calcagni memo). 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0010; FRL–9539–02– 

R4] 

Air Plan Approval; Alabama; 

Birmingham Limited Maintenance Plan 

for the 1997 8-Hour Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

submitted by the State of Alabama, 

through the Alabama Department of 

Environmental Management (ADEM), 

via a letter dated September 15, 2020. 

The SIP revision includes the 1997 8- 

hour ozone national ambient air quality 

standards (NAAQS) Limited 

Maintenance Plan (LMP) for the 

Birmingham, Alabama Area (hereinafter 

referred to as the ‘‘Birmingham Area’’ or 

‘‘Area’’). The Birmingham Area is 

comprised of Jefferson and Shelby 

Counties. EPA is approving the 

Birmingham Area LMP because it 

provides for the maintenance of the 

1997 8-hour ozone NAAQS within the 

Birmingham Area through the end of the 

second 10-year portion of the 

maintenance period. This action makes 

certain commitments related to 

maintenance of the 1997 8-hour ozone 

NAAQS in the Birmingham Area 

federally enforceable as part of the 

Alabama SIP. 

DATES: This rule is effective May 6, 

2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R04–OAR–2021–0010. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information may not be publicly 

available, i.e., Confidential Business 

Information 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 can 

either be retrieved electronically via 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air and Radiation Division, 

U.S. Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that 

if at all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

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

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sarah LaRocca, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960. 

The telephone number is (404) 562– 

8994. Ms. LaRocca can also be reached 

via electronic mail at larocca.sarah@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In 1979, under section 109 of the 

Clean Air Act (CAA or Act), EPA 

established primary and secondary 

NAAQS for ozone at 0.12 parts per 

million (ppm), averaged over a 1-hour 

period. See 44 FR 8202 (February 8, 

1979). On July 18, 1997, EPA revised the 

primary and secondary NAAQS for 

ozone to set the acceptable level of 

ozone in the ambient air at 0.08 ppm, 

averaged over an 8-hour period. See 62 

FR 38856 (July 18, 1997).1 EPA set the 

8-hour ozone NAAQS based on 

scientific evidence demonstrating that 

ozone causes adverse health effects at 

lower concentrations and over longer 

periods of time than was understood 

when the pre-existing 1-hour ozone 

NAAQS was set. EPA determined that 

the 8-hour NAAQS would be more 

protective of human health, especially 

for children and adults who are active 

outdoors, and individuals with a preexisting respiratory disease, such as 

asthma. 

Following promulgation of a new or 

revised NAAQS, EPA is required by the 

CAA to designate areas throughout the 

nation as attaining or not attaining the 

NAAQS. On April 15, 2004, EPA 

designated the Birmingham Area, which 

includes Jefferson and Shelby Counties, 

as nonattainment for the 1997 8-hour 

ozone NAAQS, and the designation 

became effective on June 15, 2004. See 

69 FR 23858 (April 30, 2004). Similarly, 

on May 21, 2012, EPA designated areas 

as unclassifiable/attainment or 

nonattainment for the 2008 8-hour 

ozone NAAQS. EPA designated the 

Birmingham Area as unclassifiable/ 

attainment for the 2008 8-hour ozone 

NAAQS. This designation became 

effective on July 20, 2012. See 77 FR 

30088. On November 16, 2017, areas 

were designated for the 2015 8-hour 

ozone NAAQS. The Birmingham Area 

was again designated attainment/ 

unclassifiable for the 2015 8-hour ozone 

NAAQS, with an effective date of 

January 16, 2018. See 82 FR 54232 

(November 16, 2017). 

A state may submit a request that EPA 

redesignate a nonattainment area that is 

attaining the NAAQS to attainment, and 

if the area has met other required 

criteria described in section 107(d)(3)(E) 

of the CAA, EPA may approve the 

redesignation request.2 One of the 

criteria for redesignation is to have an 

approved maintenance plan under CAA 

section 175A. The maintenance plan 

must demonstrate that the area will 

continue to maintain the NAAQS for the 

period extending ten years after 

redesignation, and it must contain such 

additional measures as necessary to 

ensure maintenance and such 

contingency provisions as necessary to 

assure that violations of the NAAQS 

will be promptly corrected. Eight years 

after the effective date of redesignation, 

the state must also submit a second 

maintenance plan to ensure ongoing 

maintenance of the NAAQS for an 

additional ten years pursuant to CAA 

section 175A(b) (i.e., ensuring 

maintenance for 20 years after 

redesignation). 

EPA has published long-standing 

guidance for states on developing 

maintenance plans.3 The Calcagni 

memo provides that states may 

generally demonstrate maintenance by 

either performing air quality modeling 

to show that the future mix of sources 

and emission rates will not cause a 

violation of the NAAQS or by showing 

that projected future emissions of a 

pollutant and its precursors will not 

exceed the level of emissions during a 

year when the area was attaining the 

NAAQS (i.e., attainment year 

inventory). See Calcagni memo at page 

9. EPA clarified in three subsequent 


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Federal Register / Vol. 87, No. 66 / Wednesday, April 6, 2022 / Rules and Regulations 19807 

4The ozone design value for a monitoring site is 

the 3-year average of the annual fourth-highest daily 

maximum 8-hour average ozone concentrations. 

The design value for an ozone area is the highest 

design value of any monitoring site in the area. 

5See ‘‘Limited Maintenance Plan Option for 

Nonclassifiable Ozone Nonattainment Areas,’’ from 

Sally L. Shaver, Office of Air Quality Planning and 

Standards (OAQPS), dated November 16, 1994; 

‘‘Limited Maintenance Plan Option for 

Nonclassifiable CO Nonattainment Areas,’’ from 

Joseph Paisie, OAQPS, dated October 6, 1995; and 

‘‘Limited Maintenance Plan Option for Moderate 

PM10 Nonattainment Areas,’’ from Lydia Wegman, 

OAQPS, dated August 9, 2001. Copies of these 

guidance memoranda can be found in the docket for 

this proposed rulemaking. 

6The prior memos addressed: Unclassifiable 

areas under the 1-hour ozone NAAQS, 

nonattainment areas for the PM10 (particulate matter 

with an aerodynamic diameter less than 10 

microns) NAAQS, and nonattainment for the carbon 

monoxide NAAQS. 

7See, e.g., 79 FR 41900 (July 18, 2014) (approval 

of the second ten-year LMP for the Grant County 

1971 SO2 maintenance area). 

8The SIP revision was adopted by ADEM on 

September 16, 2020, and submitted by ADEM as a 

revision to the Alabama SIP on September 17, 2020, 

via a letter dated September 15, 2020. 

guidance memos that certain areas 

could meet the CAA section 175A 

requirement to provide for maintenance 

by showing that the area was unlikely 

to violate the NAAQS in the future, 

using information such as the area’s 

design value 4 being well below the 

standard and the area having a 

historically stable design value.5 EPA 

refers to a maintenance plan containing 

this streamlined demonstration as an 

LMP. 

EPA has interpreted CAA section 

175A as permitting the LMP option 

because section 175A of the Act does 

not define how areas may demonstrate 

maintenance, and in EPA’s experience 

implementing the various NAAQS, 

areas that qualify for an LMP and have 

approved LMPs have rarely, if ever, 

experienced subsequent violations of 

the NAAQS. As noted in the LMP 

guidance memoranda, states seeking an 

LMP must still submit the other 

maintenance plan elements outlined in 

the Calcagni memo, including: An 

attainment emissions inventory, 

provisions for the continued operation 

of the ambient air quality monitoring 

network, verification of continued 

attainment, and a contingency plan in 

the event of a future violation of the 

NAAQS. Moreover, a state seeking an 

LMP must still submit its section 175A 

maintenance plan as a revision to its 

SIP, with all attendant notice and 

comment procedures. While the LMP 

guidance memoranda were originally 

written with respect to certain NAAQS,6

EPA has extended the LMP 

interpretation of section 175A to other 

NAAQS and pollutants not specifically 

covered by the previous guidance 

memos.7

In a notice of proposed rulemaking 

(NPRM), published on February 9, 2022, 

see 87 FR 7404, EPA proposed to 

approve Birmingham’s LMP because the 

State made a showing that the Area’s 

ozone concentrations are well below the 

1997 8-hour ozone NAAQS and have 

been historically stable and that it met 

the other maintenance plan 

requirements. The details of Alabama’s 

submission and the rationale for EPA’s 

action are explained in the NPRM. 

Comments on the February 9, 2022, 

NPRM were due on or before March 11, 

2022. EPA received only one comment, 

which was in support of the February 9, 

2022, NPRM. 

II. Final Action 

EPA is taking final action to approve 

the Birmingham Area LMP for the 1997 

8-hour ozone NAAQS, submitted by 

ADEM on September 17, 2020, as a 

revision to the Alabama SIP.8 EPA is 

approving the Birmingham Area LMP 

because it includes a sufficient update 

of the various elements of the 1997 8- 

hour ozone NAAQS Maintenance Plan 

approved by EPA for the first 10-year 

portion of the maintenance period 

(including emissions inventory, 

assurance of adequate monitoring and 

verification of continued attainment, 

and contingency provisions) and retains 

the relevant provisions of the SIP under 

sections 110(k) and 175A of the CAA. 

EPA also finds that the Birmingham 

Area qualifies for the LMP option and 

that the Birmingham Area LMP is 

sufficient to provide for maintenance of 

the 1997 8-hour ozone NAAQS in the 

Birmingham Area over the second 10- 

year maintenance period (i.e., through 

2026). 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

See 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. 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). 

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 as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

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). 


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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 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, 

Nitrogen oxides, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: March 30, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, 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. 

■ 2. In § 52.50(e), amend the table by 

adding an entry for ‘‘1997 8-Hour Ozone 

Second 10-Year Limited Maintenance 

Plan for the Birmingham Area’’ at the 

end of the table to read as follows: 

§ 52.50 Identification of plan. 

* * * * * 

(e) * * * 

EPA APPROVED ALABAMA NON-REGULATORY PROVISIONS

Name of nonregulatory SIP provision Applicable geographic or 

nonattainment area 

State 

submittal 

date/effective 

date 

EPA approval date Explanation 

*******

1997 8-Hour Ozone Second 10-Year Limited Maintenance Plan for the Birmingham Area.Jefferson County and 

Shelby County.

9/16/2020 4/6/2022, [Insert citation 

of publication].

[FR Doc. 2022–07132 Filed 4–5–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 220223–0054; RTID 0648– 

XB928] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Using Trawl Gear in 

the Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

using trawl gear in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the B season 

apportionment of the 2022 Pacific cod 

total allowable catch (TAC) allocated to 

catcher vessels using trawl gear in the 

BSAI. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), April 2, 2022, through 

1200 hours, A.l.t., June 10, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Krista Milani, 907–581–2062. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The B season apportionment of the 

2022 Pacific cod TAC allocated to 

catcher vessels using trawl gear in the 

BSAI is 3,262 metric tons (mt) as 

established by the final 2022 and 2023 

harvest specifications for groundfish in 

the BSAI (87 FR 11626, March 2, 2022). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the B season 

apportionment of the 2022 Pacific cod 

TAC allocated to trawl catcher vessels 

in the BSAI will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 2,000 mt and is setting 

aside the remaining 1,262 mt as 

incidental catch to support other 

anticipated groundfish fisheries. In 

accordance with § 679.20(d)(1)(iii), the 

Regional Administrator finds that this 

directed fishing allowance has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by catcher vessels using trawl gear 

in the BSAI. 

While this closure is effective the 

maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

part 679, which was issued pursuant to 

section 304(b), and is exempt from 

review under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment 

would be impracticable and contrary to 

the public interest, as it would prevent 

NMFS from responding to the most 

recent fisheries data in a timely fashion 

and would delay the closure of Pacific 

cod by catcher vessels using trawl gear 

in the BSAI. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of March 31, 2022. 


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