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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19632 Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Rules and Regulations 

simultaneously approves the rescission 

of a different statewide rule from the 

California SIP that previously regulated 

this emission source. 

DATES: This rule is effective May 5, 

2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket No. 

EPA–R09–OAR–2021–0410. 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: La 

Kenya Evans, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 972–3245 or by 

email at evans.lakenya@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. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On October 21, 2021 (86 FR 58627), 

the EPA proposed a limited approval 

and limited disapproval of the following 

SIP revisions, that were submitted on 

August 22, 2018, for incorporation into 

the California SIP. 

TABLE 1—SUBMITTED SIP REVISIONS

Regulation or provision Regulation title or subject Date of local action State requested action 

California Code of Regulations, Title 

17, Division 3, Chapter 1, Subchapter 8, Article 1, Section 94014.

Certification of Vapor Recovery Systems for Cargo Tanks.Adopted on 07/25/13 ........................ Addition to the SIP. 

Certification Procedure CP–204 ....... Certification Procedure for Vapor 

Recovery Systems of Cargo 

Tanks.

Referenced in Section 94014 and 

adopted on 11/7/2014.

Addition to the SIP. 

Test Procedure TP–204.1 ................. Determination of Five Minute Static 

Pressure Performance of Vapor 

Recovery Systems of Cargo 

Tanks.

Referenced in Section 94014 and 

adopted on 11/7/2014.

Addition to the SIP. 

Test Procedure TP–204.2 ................. Determination of One Minute Static 

Pressure Performance of Vapor 

Recovery Systems of Cargo 

Tanks.

Referenced in Section 94014 and 

adopted on 05/27/2014.

Addition to the SIP. 

Test Procedure TP–204.3 ................. Determination of Leak(s) .................. Referenced in Section 94014 and 

adopted on 11/7/2014.

Addition to the SIP. 

California Code of Regulations, Title 

17, Division 3, Chapter 1, Subchapter 8, Article 1, Section 94004.

Certification of Vapor Recovery Systems—Gasoline Delivery Tanks.Repealed on 06/29/1995 .................. Rescission from the SIP. 

Method 2–5 ....................................... Certification and Test Procedures 

for Vapor Recovery Systems of 

Gasoline Delivery Tanks.

Referenced in Section 94004 and 

effective on 09/1/1982.

Rescission from the SIP. 

We proposed a limited approval 

because we determined that these 

revisions improve the SIP and are 

largely consistent with the relevant CAA 

requirements. We simultaneously 

proposed a limited disapproval because 

some rule provisions conflict with 

section 110 of the Act. These provisions 

include the following: 

1. Executive Officer discretion in California 

Code of Regulations, Title 17, Division 3, 

Chapter 1, Subchapter 8, Article 1, Section 

94014, CP–204 Section 5.4 and incorporated 

by reference in TP–204.1, TP–204.2, and TP– 

204.3. 

Our proposed action contains more 

information on the basis for this 

rulemaking and on our evaluation of the 

submittal. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

the comment period we received two 

anonymous comments in support of 

EPA’s October 21, 2021 proposed rule to 

limit VOC emissions and protect the 

environment. We acknowledge the 

comments, and we are approving the 

regulations that pertain to vapor 

emissions into the SIP. EPA received 

one comment from Silvio Mazzella Jr. 

providing additional reference 

materials. We acknowledge the 

additional information noted by the 

commenter. 

We also received one comment from 

Isabelle Nield, which we respond to 

below. 

Comment: The commenter’s primary 

concern is that ‘‘[d]ue to the proposed 

rule’s lack of compliance with the Clean 

Air Act . . . the rule should [not] be 

incorporated into the SIP in its current 

state.’’ They recommend instead that 

‘‘the proposed rule should be revised to 

address the deficiencies, then 

approved.’’ Aside from this issue, the 

commenter notes the value of the 

proposed SIP revision for air quality in 

a range of areas, including reduction in 

outdoor VOCs and interstate emissions 

exchange from gasoline regulation. 

EPA’s Response: We understand the 

commenter to assert that the Executive 

Officer discretion issue that represents 

the basis for our limited disapproval of 

California Code of Regulations, Title 17, 

Section 94014 is significant enough to 

warrant not approving the entire rule 

into the SIP until the issue is corrected. 

We disagree. 


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Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Rules and Regulations 19633 

1EPA TSD p. 14, Docket ID: EPA–R09–OAR– 

2021–0410–0024. 

As we noted in our October 21, 2021 

proposed rule, a comparison of the 

revised Section 94014 as a whole with 

the current SIP-approved version, which 

was last approved on July 8, 1982, 

indicates substantial changes to the rule 

that improve the clarity, specificity, and 

stringency of the current SIP-approved 

rule. Additionally, the minor 

deficiencies the EPA identified in the 

SIP revision will not result in any 

degredation in California’s air quality 

with respect to VOCs. As noted in the 

Technical Support Document found in 

the docket for our proposed action, at 

the time of the rule’s submittal, CARB 

had never approved any of the 

equivalent test methods to Technical 

Procedure (TP)–204.1, TP–204.2 or TP– 

204.3 that are the subject of the limited 

disapproval in the nearly forty years of 

the rule’s enforcement.1 As a result, a 

limited approval of this rule will 

strengthen the SIP and allow the EPA to 

enforce VOC emissions from cargo tanks 

with requirements that are more 

stringent than the rule that is currently 

in the SIP. 

As discussed in our proposed action, 

documents submitted for inclusion into 

the SIP should not include unbounded 

director’s discretion that allows the 

State to approve alternatives to the 

applicable SIP without following the 

SIP revision process described in CAA 

section 110. California Code of 

Regulations, Title 17, Section 94014, 

CP–204, Section 5.4, allows the 

Executive Officer to approve an 

alternative test procedure in certain 

situations where EPA Method 301 is not 

applicable, without approval from the 

EPA. This authority is then incorporated 

by reference in TP–204.1, TP–204.2, and 

TP–204.3. Without further specificity, 

these provisions represent unbounded 

director’s discretion and constitute a SIP 

deficiency. 

CAA sections 110(k)(3) and 301(a) 

provide the EPA with the authority to 

issue a limited approval and limited 

disapproval action that will strengthen 

the SIP and require the state to correct 

for the above SIP deficiency, and the 

commenter has not provided any 

information or supplemental evidence 

that would indicate this action is 

contrary to CAA requirements. 

Therefore, the EPA will proceed with 

the limited approval and limited 

disapproval of this rule as proposed. 

III. EPA Action 

No comments were submitted that 

change our assessment of the rules as 

described in our proposed action. 

Therefore, as authorized in sections 

110(k)(3) and 301(a) of the Act, the EPA 

is finalizing a limited approval of the 

submitted rule. This action incorporates 

the submitted rule and referenced test 

procedures into the California SIP, 

including those provisions identified as 

deficient. As authorized under section 

110(k)(3) and 301(a), the EPA is 

simultaneously finalizing a limited 

disapproval of California Code of 

Regulations, Title 17, Division 3, 

Chapter 1, Subchapter 8, Article 1, 

Section 94014. 

As a result, the EPA must promulgate 

a federal implementation plan (FIP) 

under section 110(c) unless we approve 

subsequent SIP revisions that correct the 

rule deficiencies within 24 months. In 

addition, the offset sanction in CAA 

section 179(b)(2) will be imposed 18 

months after the effective date of this 

action, and the highway funding 

sanction in CAA section 179(b)(1) six 

months after the offset sanction is 

imposed. A sanction will not be 

imposed if the EPA determines that a 

subsequent SIP submission from the 

State corrects the identified deficiencies 

before the applicable deadline. 

Note that the submitted rules have 

been adopted by CARB, and the EPA’s 

final limited disapproval does not 

prevent CARB from enforcing them. The 

limited disapproval also does not 

prevent any portion of the rules from 

being incorporated by reference into the 

federally enforceable SIP as discussed in 

a July 9, 1992 EPA memo found at: 

https://www.epa.gov/sites/production/ 

files/2015-07/documents/procsip.pdf. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. The EPA is 

also finalizing deletion of rules that 

were previously incorporated by 

reference from the applicable California 

SIP. In accordance with requirements of 

1 CFR 51.5, the EPA is finalizing the 

incorporation by reference of Section 

94014 and the associated certification 

procedure and test procedures as 

described in Table 1 of this preamble, 

and finalizing the removal of Section 

94004 and Method 2–5 also as described 

in Table 1 from the SIP. The EPA has 

made, and will continue to make, 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 

Additional information about these 

statutes and Executive orders can be 

found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA because this action does not 

impose additional requirements beyond 

those imposed by state law. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities beyond those imposed by state 

law. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. This action does not 

impose additional requirements beyond 

those imposed by state law. 

Accordingly, no additional costs to 

State, local, or tribal governments, or to 

the private sector, will result from this 

action. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the National 

Government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Coordination 

With Indian Tribal Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175, because 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, and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 


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19634 Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Rules and Regulations 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive order. This action is not 

subject to Executive Order 13045 

because it does not impose additional 

requirements beyond those imposed by 

state law. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Section 12(d) of the NTTAA directs 

the EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. The EPA believes that this 

action is not subject to the requirements 

of section 12(d) of the NTTAA because 

application of those requirements would 

be inconsistent with the CAA. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA lacks the discretionary 

authority to address environmental 

justice in this rulemaking. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

L. Petitions for Judicial Review 

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 rule 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, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: March 30, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended 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 52.220a, paragraph (c) is 

amended 

■ a. In Table 1 by: 

■ i. Removing the entry for ‘‘94004’’; 

and 

■ ii. Adding an entry titled ‘‘Title 17 

(Public Health), Division 3 (Air 

Resources), Chapter 1 (Air Resources 

Board); Subchapter 8 (Compliance with 

Nonvehicular Emissions Standards); 

Article 1 (Vapor Recovery Systems in 

Gasoline Marketing Operations)’’ after 

the entry for ‘‘94003’’, and under the 

added heading, add an entry for 

‘‘94014’’; and 

■ b. In Table 2 by: 

■ i. Adding entries for ‘‘Certification 

Procedure CP–204’’, ‘‘Test Procedure 

TP–204.1’’ ‘‘Test Procedure TP–204.2’’, 

and ‘‘Test Procedure TP–204.3’’, after 

the entry for ‘‘Method 2–4: Certification 

and Test Procedures for Vapor Recovery 

Systems at Gasoline Terminals’’; and 

■ ii. Removing the entry for ‘‘Method 2– 

5: Certification and Test Procedures for 

Vapor Recovery Systems of Gasoline 

Delivery Tanks’’. 

The additions read as follows: 

§ 52.220a Identification of plan-in part. 

* * * * * 

(c) * * * 

TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1

State citation Title/subject 

State 

effective 

date 

EPA approval date Additional explanation 

*******

Title 17 (Public Health), Division 3 (Air Resources), Chapter 1 (Air Resources Board); Subchapter 8 (Compliance with Nonvehicular Emissions 

Standards); Article 1 (Vapor Recovery Systems in Gasoline Marketing Operations) 

94014 .............. Certification of Vapor Recovery 

Systems for Cargo Tanks.

4/1/2015 [INSERT Federal Register CITATION], 4/5/2022.Submitted on August 22, 2018 as 

an attachment to a letter dated 

August 16, 2018. 

*******

1Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable SIP. Table 2 of paragraph (c) lists 

approved California test procedures, test methods and specifications that are cited in certain regulations listed in Table 1. Approved California 

statutes that are nonregulatory or quasi-regulatory are listed in paragraph (e). 


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Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Rules and Regulations 19635 

1 86 FR 14055 (March 12, 2021). 

* * * * * 

TABLE 2—EPA-APPROVED CALIFORNIA TEST PROCEDURES, TEST METHODS, AND SPECIFICATIONS

Title/subject 

State 

effective 

date 

EPA approval date Additional explanation 

*******

Certification Procedure CP–204 Certification Procedure for Vapor Recovery Systems of Cargo Tanks.4/1/2015 [INSERT Federal Register CITATION], 4/5/2022.Submitted on August 22, 2018 as 

an attachment to a letter dated 

August 16, 2018. 

Test Procedure TP–204.1 Determination of Five 

Minute Static Pressure Performance of Vapor Recovery Systems of Cargo Tanks.

4/1/2015 [INSERT Federal Register CITATION], 4/5/2022.Submitted on August 22, 2018 as 

an attachment to a letter dated 

August 16, 2018. 

Test Procedure TP–204.2 Determination of One 

Minute Static Pressure Performance of Vapor Recovery Systems of Cargo Tanks.

4/1/2015 [INSERT Federal Register CITATION], 4/5/2022.Submitted on August 22, 2018 as 

an attachment to a letter dated 

August 16, 2018. 

Test Procedure TP–204.3 Determination of Leak(s) .. 4/1/2015 [INSERT Federal Register CITATION], 4/5/2022.Submitted on August 22, 2018 as 

an attachment to a letter dated 

August 16, 2018. 

*******

* * * * * 

[FR Doc. 2022–07106 Filed 4–4–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2010–0406; FRL–9206–02– 

R8] 

Approval and Promulgation of Air 

Quality Implementation Plans; North 

Dakota; Regional Haze State and 

Federal Implementation Plans 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

a State Implementation Plan (SIP) 

revision submitted by the State of North 

Dakota on August 3, 2020, addressing 

regional haze. Specifically, EPA is 

approving Amendment No. 2 to the 

North Dakota SIP for Regional Haze to 

satisfy certain requirements for the first 

implementation period of the Clean Air 

Act’s (CAA) regional haze program. 

Amendment No. 2 adopts the same 

regional haze requirements for nitrogen 

oxides (NOX) for Antelope Valley 

Station Units 1 and 2 promulgated by 

EPA in our 2012 Federal 

Implementation Plan (FIP). In 

conjunction with the approval of 

Amendment No. 2, we are also 

withdrawing the 2012 FIP as it applies 

to the Antelope Valley Station as well 

as certain provisions related to Coal 

Creek Station that were vacated by a 

judicial determination. EPA will work 

with North Dakota to ensure that the 

State corrects the SIP deficiencies 

related to Coal Creek Station. EPA is 

finalizing this action pursuant to 

sections 110 and 169A of the CAA. 

DATES: This rule is effective on May 5, 

2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2010–0406. 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., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the website and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https:// 

www.regulations.gov, or please call or 

email the person identified in the FOR

FURTHER INFORMATION CONTACT section 

for additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Aaron Worstell, Air and Radiation 

Division, EPA, Region 8, Mailcode 

8ARD–IO, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129, 

telephone number: (303) 312–6073, 

email address: worstell.aaron@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

Table of Contents 

I. Background 

A. Amendment No. 2 to the North Dakota 

Regional Haze State Implementation 

Plan 

B. Federal Implementation Plan 

Withdrawal 

II. Public Comments and EPA Responses 

III. The EPA’s Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement (NTTAA) 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Determination Under Clean Air Act 

Section 307(d) 

L. Congressional Review Act (CRA) 

M. Judicial Review 

I. Background 

The background for this action is 

described in detail in our March 12, 

2021 proposed rule.1 In the proposed 

rule, EPA proposed to approve 

Amendment No. 2 to the North Dakota 

Regional Haze SIP as described below. 


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