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[Federal Register Volume 87, Number 63 (Friday, April 1, 2022)]
[Proposed Rules]
[Pages 19042-19046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06907]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 70 and 71

[EPA-HQ-OAR-2016-0186; FRL-8961-01-OAR]
RIN 2060-AV39

Removal of Title V Emergency Affirmative Defense Provisions From 
State Operating Permit Programs and the Federal Operating Permit 
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is re-proposing a 
document, first proposed in 2016, which would remove the emergency 
affirmative defense provisions found in the regulations for state and 
federal operating permit programs under the Clean Air Act (CAA). The 
purpose of these provisions has been to establish an affirmative 
defense that sources can assert in civil enforcement cases when 
noncompliance with certain emission limitations in operating permits 
occurs because of qualifying ``emergency'' circumstances. These 
provisions, which have never been required elements of state operating 
permit programs, are being removed because they are inconsistent with 
the enforcement structure of the CAA and court decisions from the U.S. 
Court of Appeals for the D.C. Circuit. The removal of these provisions 
is consistent with other EPA actions involving affirmative defenses and 
would harmonize the enforcement and implementation of emission 
limitations across different CAA programs.

DATES: Comments must be received on or before May 16, 2022.
    Public hearing: If anyone contacts EPA requesting a public hearing 
by April 6, 2022, the EPA will hold a virtual public hearing. See 
SUPPLEMENTARY INFORMATION for information on requesting and registering 
for a public hearing.

ADDRESSES: Comments: You may send comments, identified by Docket ID No. 
EPA-HQ-OAR-2016-0186, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/ 
(our preferred method). Follow the online instructions for submitting 
comments.
     Email: [email protected]. Include Docket ID No. EPA-
HQ-OAR-2016-0186 in the subject line of the message.
     Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2016-0186.
    Instructions: All submissions received must include the Docket ID 
No. EPA-HQ-OAR-2016-0186 for this rulemaking. Comments received may be 
posted without change to https://www.regulations.gov/, including any 
personal information provided. For detailed instructions on sending 
comments and additional information on the rulemaking process, see the 
SUPPLEMENTARY INFORMATION section of this document. Out of an abundance 
of caution for members of the public and our staff, the EPA Docket 
Center and Reading Room are open to the public by appointment only to 
reduce the risk of transmitting COVID-19. Our Docket Center staff also 
continues to provide remote customer service via email, phone, and 
webform. Hand deliveries and couriers may be received by scheduled 
appointment only. For further information on EPA Docket Center services 
and the current status, please visit us online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For information about this proposed 
rule, contact Corey Sugerik, Air Quality Policy Division, Office of Air 
Quality Planning and Standards (C504-05), Environmental Protection 
Agency, Research Triangle Park, NC; telephone number: 919-541-3223; 
email address:[email protected].

SUPPLEMENTARY INFORMATION: The information presented in this document 
is organized as follows:

I. General Information
II. Background
III. Proposed Action
IV. Implementation
V. Environmental Justice Considerations
VI. Statutory and Executive Order Reviews
VII. Statutory Authority

I. General Information

A. Entities Potentially Affected by This Action

    Entities potentially affected by this proposed rulemaking include 
federal, state, local and tribal air pollution control agencies that 
administer title V operating permit programs, and owners and operators 
of emissions sources in all industry groups who hold or apply for title 
V operating permits.

B. Obtaining a Copy of This Document and Other Related Information

    The EPA has established a docket for this rulemaking under Docket 
ID No. EPA-HQ-OAR-2016-0186. All documents in the dockets are listed in 
https://www.regulations.gov/. Although listed, 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. Publicly 
available docket materials are available either in the docket for this 
action, Docket ID No. EPA-HQ-OAR-2016-0186, or electronically at 
https://www.regulations.gov/.
    In addition to being available in the docket, an electronic copy of 
this Federal Register document will be posted at https://www.epa.gov/title-v-operating-permits/current-regulations-and-regulatory-actions.

C. Preparing Comments for the EPA

    Instructions. Submit your comments, identified by Docket ID No. 
EPA-HQ-OAR-2016-0186, at https://www.regulations.gov (our preferred 
method), or the other methods identified in the ADDRESSES section. Once 
submitted, comments cannot be edited or removed from the docket. The 
EPA may publish any comment received to its public docket. Do not 
submit to EPA's docket at https://www.regulations.gov any information 
you consider to be CBI or other information whose disclosure is 
restricted by statute. This type of information should be submitted by 
mail as discussed below.

[[Page 19043]]

    Multimedia submissions (audio, video, etc.) must be accompanied by 
a written comment. The written comment is considered the official 
comment and should include discussion of all points you wish to make. 
The EPA will generally not consider comments or comment contents 
located outside of the primary submission (i.e., on the web, cloud, or 
other file sharing system). For additional submission methods, the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets.
    Due to public health concerns related to COVID-19, the EPA Docket 
Center and Reading Room are open to the public by appointment only. Our 
Docket Center staff also continues to provide remote customer service 
via email, phone, and webform. Hand deliveries or couriers will be 
received by scheduled appointment only. For further information and 
updates on EPA Docket Center services, please visit us online at 
https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information 
from the Centers for Disease Control and Prevention (CDC), local area 
health departments, and our Federal partners so that the Agency can 
respond rapidly as conditions change regarding COVID-19.
    Submitting CBI. Do not submit information containing CBI to the EPA 
through https://www.regulations.gov/. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information on any 
digital storage media that you mail to the EPA, mark the outside of the 
digital storage media as CBI and then identify electronically within 
the digital storage media the specific information that is claimed as 
CBI. In addition to one complete version of the comments that includes 
information claimed as CBI, you must submit a copy of the comments that 
does not contain the information claimed as CBI directly to the public 
docket through the procedures outlined in Instructions. If you submit 
any digital storage media that does not contain CBI, mark the outside 
of the digital storage media clearly that it does not contain CBI. 
Information not marked as CBI will be included in the public docket and 
the EPA's electronic public docket without prior notice. Information 
marked as CBI will not be disclosed except in accordance with 
procedures set forth in 40 Code of Federal Regulations (CFR) part 2. 
Our preferred method to receive CBI is for it to be transmitted 
electronically using email attachments, File Transfer Protocol (FTP), 
or other online file sharing services (e.g., Dropbox, OneDrive, Google 
Drive). Electronic submissions must be transmitted directly to the 
OAQPS CBI Office using the email address, [email protected], and should 
include clear CBI markings as described later. If assistance is needed 
with submitting large electronic files that exceed the file size limit 
for email attachments, and if you do not have your own file sharing 
service, please email [email protected] to request a file transfer link. 
If sending CBI information through the postal service, please send it 
to the following address: OAQPS Document Control Officer (C404-02), 
OAQPS, U.S. Environmental Protection Agency, Research Triangle Park, 
North Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2016-0186. The 
mailed CBI material should be double wrapped and clearly marked. Any 
CBI markings should not show through the outer envelope.

D. Participation in Virtual Public Hearing

    Please note that because of the current CDC recommendations, as 
well as state and local orders for social distancing to limit the 
spread of COVID-19, the EPA cannot hold in-person public meetings at 
this time.
    To request a virtual public hearing, contact Ms. Pamela Long at 
(919) 541-0641 or by email at [email protected]. If requested, the 
virtual hearing will be held on April 18, 2022. The hearing will 
convene at 9:00 a.m. Eastern Time (ET) and will conclude at 3:00 p.m. 
ET. The EPA may close a session 15 minutes after the last pre-
registered speaker has testified if there are no additional speakers. 
The EPA will announce further details at https://www.epa.gov/title-v-operating-permits/current-regulations-and-regulatory-actions.
    Upon publication of this document in the Federal Register, the EPA 
will begin pre-registering speakers for the hearing, if a hearing is 
requested. To register to speak at the virtual hearing, please use the 
online registration form available at https://www.epa.gov/title-v-operating-permits/current-regulations-and-regulatory-actions or contact 
Ms. Pamela Long at (919) 541-0641 or by email at [email protected]. The 
last day to pre-register to speak at the hearing will be April 13, 
2022. Prior to the hearing, the EPA will post a general agenda that 
will list pre-registered speakers in approximate order at: https://www.epa.gov/title-v-operating-permits/current-regulations-and-regulatory-actions.
    The EPA will make every effort to follow the schedule as closely as 
possible on the day of the hearing; however, please plan for the 
hearings to run either ahead of schedule or behind schedule.
    Each commenter will have five minutes to provide oral testimony. 
The EPA encourages commenters to provide the EPA with a copy of their 
oral testimony electronically (via email) by emailing it to 
[email protected]. The EPA also recommends submitting the text of your 
oral testimony as written comments to the rulemaking docket.
    The EPA may ask clarifying questions during the oral presentations 
but will not respond to the presentations at that time. Written 
statements and supporting information submitted during the comment 
period will be considered with the same weight as oral testimony and 
supporting information presented at the public hearing.
    Please note that any updates made to any aspect of the hearing will 
be posted online at https://www.epa.gov/title-v-operating-permits/current-regulations-and-regulatory-actions. While the EPA expects the 
hearing to go forward as set forth above, please monitor our website or 
contact Ms. Pamela Long at (919) 541-0641 or by email at 
[email protected] to determine if there are any updates. The EPA does 
not intend to publish a document in the Federal Register announcing 
updates.
    If you require the services of a translator or special 
accommodations such as audio description, please pre-register for the 
hearing with Ms. Pamela Long and describe your needs by April 8, 2022. 
The EPA may not be able to arrange accommodations without advanced 
notice.

II. Background

    The EPA has promulgated permitting regulations for the operation of 
major and certain other sources of air pollutants under title V of the 
CAA. These regulations, codified in 40 CFR parts 70 and 71, contain the 
requirements for state operating permit programs and the federal 
operating permit program, respectively. These regulations currently 
contain identical provisions describing an affirmative defense that 
sources may be able to assert in enforcement actions brought for 
noncompliance with technology-based emission limitations caused by 
specific emergency circumstances. These ``emergency'' affirmative 
defense provisions are located at 40 CFR 70.6(g) and 71.6(g).
    In 2016, the EPA proposed a rule to remove these affirmative 
defense provisions from the title V regulations.

[[Page 19044]]

81 FR 38645 (June 14, 2016), also available online at: https://www.govinfo.gov/content/pkg/FR-2016-06-14/pdf/2016-14104.pdf (the 2016 
Proposal). The 2016 Proposal contains a detailed discussion of the 
background for this proposal, as well as the purpose, basis, rationale, 
and legal justification for this proposal. The EPA directs readers to 
the 2016 Proposal for further information. In summary, the EPA based 
the 2016 Proposal on the interpretation that the enforcement structure 
of the CAA, embodied in sections 113 and 304, precludes affirmative 
defense provisions that would operate to limit a court's authority or 
discretion to determine the appropriate remedy in an enforcement 
action. 81 FR 38650. This interpretation is informed by the 2014 NRDC 
v. EPA decision from the U.S. Court of Appeals for the D.C. Circuit.\1\ 
The EPA believes that the reasoning and logic of that decision extend 
to regulations concerning operating permit programs under title V. This 
view aligns the EPA's position on affirmative defenses in title V with 
positions taken in other CAA program areas, including EPA policy 
relating to the treatment of startup, shutdown, and malfunction (SSM) 
periods in state implementation plans (SIPs). (The EPA's policy with 
respect to SIPs is discussed in an action taken in 2015, see 80 FR 
33839 (June 12, 2015) (the 2015 SSM SIP Policy), and in the Agency's 
September 30, 2021, memorandum reinstating the 2015 SSM SIP Policy.\2\) 
This title V interpretation also aligns with EPA's position on 
affirmative defenses in New Source Performance Standards (NSPS) under 
CAA section 111 and National Emission Standards for Hazardous Air 
Pollutants (NESHAP) under CAA section 112.\3\
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    \1\ 749 F.3d 1055 (D.C. Cir. 2014).
    \2\ See Memorandum, Withdrawal of the October 9, 2020, 
Memorandum Addressing Startup, Shutdown, and Malfunctions in State 
Implementation Plans and Implementation of the Prior Policy, 3-4 
(September 30, 2021), available at https://www.epa.gov/system/files/documents/2021-09/oar-21-000-6324.pdf (September 2021 SSM SIP Memo).
    \3\ E.g., 85 FR 71490 (November 9, 2020) (proposed rule removing 
affirmative defense from the NESHAP for polyvinyl chloride and 
copolymers production); 81 FR 40955 (June 23, 2016) (final rule 
removing affirmative defense from the NSPS and emission guidelines 
for commercial and institutional solid waste incineration units); 
see also 81 FR 38649 n.21 (June 14, 2016) (discussion of other NSPS 
and NESHAP rules in 2016 Proposal).
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    The EPA did not finalize the 2016 Proposal. Instead, in a notation 
accompanying the Spring 2018 Unified Agenda of Federal Regulatory and 
Deregulatory Actions, the EPA stated: ``The EPA is withdrawing this 
action via the reg agenda because the agency does not plan to move 
forward with this rulemaking due to other pending priorities.'' \4\
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    \4\ A copy of the entry on the Regulatory Agenda is available at 
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201804&RIN=2060-AS96. See also https://www.regulations.gov/docket/EPA-HQ-OAR-2016-0186/unified-agenda 
(indicating that the proposed rule was withdrawn on February 23, 
2018).
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    Although the EPA did not move forward at that time with the 
proposal to remove the emergency affirmative defense provisions from 
the Title V regulations, the EPA continued to evaluate SSM provisions, 
including affirmative defenses, in SIPs. In October 2020, the EPA 
issued a guidance memorandum that, among other things, expressly 
superseded a portion of the EPA's interpretation of affirmative 
defenses presented in the 2015 SSM SIP Policy.\5\ However, on September 
30, 2021, the EPA issued a guidance memorandum that withdrew the 
October 2020 memorandum in its entirety and reinstated the legal and 
policy positions expressed in the 2015 SSM SIP Policy in their 
entirety.\6\ Thus, the EPA's current interpretation of affirmative 
defenses in the context of SIPs is the interpretation set out in the 
2015 SSM SIP Policy. As noted in a preceding paragraph, this 
interpretation in the context of SIPs is similar to the interpretation 
expressed in the 2016 Proposal for the title V rules.
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    \5\ Memorandum, Inclusion of Provisions Governing Periods of 
Startup, Shutdown, and Malfunctions in State Implementation Plans, 6 
(October 9, 2020), available at https://www.epa.gov/system/files/documents/2021-09/2020-ssm-in-sips-guidance-memo.pdf. In 2020, EPA 
also took action relating to an SSM-related affirmative defense in a 
SIP for Texas, withdrawing a SSM ``SIP call'' in part because the 
SIP-based affirmative defense was deemed to not be inconsistent with 
the CAA. See 85 FR 7232 (February 7, 2020); see also 85 FR 23,700 
(April 28, 2020) (SIP call withdrawal relating to North Carolina) 
and 85 FR 73,218 (November 17, 2020) (SIP call withdrawal relating 
to Iowa). Petitions for review of these withdrawal actions were 
filed in the United States Court of Appeals for the D.C. Circuit. 
See Sierra Club v. EPA, No. 20-1115.
    \6\ September 2021 SSM SIP Memo, supra note 2. This memorandum 
also announced an intent to revisit, among other things, the 2020 
action withdrawing the SSM affirmative defense-related SIP call for 
Texas. Id. at 5. On December 17, 2021, the United States Court of 
Appeals for the D.C. Circuit granted the EPA's request for a 
voluntary remand of that 2020 Texas SIP call withdrawal action, as 
well as the similar SIP call withdrawal actions relating to North 
Carolina and Iowa, in light of EPA's stated intent to reconsider 
those actions. Sierra Club v. EPA, No. 20-1115.
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III. Proposed Action

    In this action, the EPA is again proposing to remove the title V 
emergency affirmative defense provisions, 40 CFR 70.6(g) and 71.6(g). 
These provisions are inconsistent with the EPA's interpretation of the 
CAA's enforcement structure and court decisions from the U.S. Court of 
Appeals for the D.C. Circuit--primarily the 2014 NRDC v. EPA decision. 
In summary, the EPA interprets the enforcement structure of the CAA, 
embodied in sections 113 and 304, to preclude affirmative defense 
provisions that would operate to limit a court's authority or 
discretion to determine the appropriate remedy in an enforcement 
action. The title V affirmative defense provisions the EPA proposes to 
remove, 40 CFR 70.6(g) and 71.6(g), set forth just such limitations 
and, consequently, are inconsistent with the rationale of NRDC and the 
enforcement structure of the CAA. The Agency's view that these title V 
affirmative defense provisions are inconsistent with the CAA and D.C. 
Circuit precedent is consistent with the EPA's current interpretation 
of affirmative defenses in the context of other CAA programs, including 
SIPs and regulations under CAA sections 111 and 112.\7\
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    \7\ See September 2021 SSM SIP Memo. The EPA's interpretation 
with respect to affirmative defenses in regulations under CAA 
sections 111 or 112 has not changed since the 2016 Proposal. See 
supra note 3 and accompanying text.
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    Except as modified or updated herein, the EPA is re-proposing the 
2016 Proposal. The EPA previously received comments on the 2016 
Proposal, including the legal interpretation upon which that former 
proposal--and the current proposal--are based. The EPA will consider 
all comments received on the 2016 Proposal as the Agency moves forward 
with the current rulemaking. Accordingly, commenters need not submit 
duplicate comments on the current proposal.\8\ However, the EPA 
welcomes comments providing additional information not previously 
submitted to the Agency.
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    \8\ Comments received on the 2016 Proposal are contained in the 
same docket as the current proposal: Docket ID No. EPA-HQ-OAR-2016-
0186.
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IV. Implementation

    The nature and focus of the proposed action are to remove the 
affirmative defense provisions from the EPA's regulations at 40 CFR 
70.6(g) and 71.6(g). The EPA is not proposing any specific finding with 
respect to individual state programs or state-issued title V permits 
that may contain similar provisions. However, if the EPA finalizes this 
rule as proposed and removes the affirmative defense provisions at 40 
CFR 70.6 and 71.6, the Agency expects that some state, local, and 
tribal permitting authorities will need to remove similar provisions 
from their EPA-approved part 70 program regulations and submit program

[[Page 19045]]

revisions to the EPA. The EPA also expects that these permitting 
authorities will need to remove such provisions from individual title V 
permits. This process will proceed consistent with the existing 
regulations concerning program and permit revisions. See, e.g., 40 CFR 
70.4(a), 70.4(i), 70.7. The EPA's expectations regarding this process 
are discussed in the 2016 Proposal.

V. Environmental Justice Considerations

    The Agency proposes to remove affirmative defense provisions from 
the EPA's operating permit program regulations. If the rule is 
finalized, it may also be necessary for state, local and tribal 
permitting authorities to remove similar affirmative defense provisions 
from program regulations and from individual title V operating permits. 
None of these changes would alter the obligations of sources to comply 
with the underlying emission limits and other standards contained 
within title V operating permits.
    Based on these considerations, the EPA expects that, if this action 
becomes final as proposed, the effects on minority populations, low-
income populations and/or indigenous peoples would not be 
disproportionately high and adverse.

VI. Statutory and Executive Order Reviews

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. OMB has previously approved the information collection 
activities contained in the existing regulations and has assigned OMB 
control numbers 2060-0243 (for part 70 state operating permit programs) 
and 2060-0336 (for part 71 federal operating permit program). In this 
action, the EPA is proposing to remove certain provisions from the 
EPA's regulations, which, if finalized, could result in the removal of 
similar provisions from state, local, and tribal operating permit 
programs and individual permits. Consequently, states could eventually 
be required to submit program revisions to the EPA outlining any 
necessary changes to their regulations and their plans to remove 
provisions from individual permits. However, this action does not 
involve any requests for information, recordkeeping or reporting 
requirements, or other requirements that would constitute an 
information collection under the PRA.

C. Regulatory Flexibility Act (RFA)

    I certify that this action would not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action would not impose any requirements on small entities. Entities 
potentially affected directly by this proposal include state, local, 
and tribal governments, and none of these governments would qualify as 
a small entity. Other types of small entities, including stationary 
sources of air pollution, would not be directly subjected to the 
requirements of this action.

D. Unfunded Mandates Reform Act (UMRA)

    This action would not contain an unfunded mandate of $100 million 
or more as described in UMRA, 2 U.S.C. 1531-1538, and would not 
significantly or uniquely affect small governments. The action would 
impose no enforceable duty on any state, local or tribal governments or 
the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It would 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: Consultation and Coordination With Indian 
Tribal Governments

    This action has tribal implications. However, it would neither 
impose substantial direct compliance costs on federally recognized 
tribal governments, nor preempt tribal law. One tribal government (the 
Southern Ute Indian Tribe) currently administers an approved part 70 
operating permit program, and one tribal government (the Navajo Nation) 
currently administers a part 71 operating permit program pursuant to a 
delegation agreement with the EPA. These tribal governments may be 
required to take actions if this rule is finalized, including program 
revisions (for part 70 programs) and eventual permit revisions (for 
both part 70 and delegated part 71 programs), but these actions will 
not require substantial compliance costs. The EPA previously consulted 
with tribal officials when developing the 2016 Proposal and is planning 
to offer a similar consultation for the current proposal. The EPA also 
solicits comment from affected tribal governments on the implications 
of this rulemaking.

G. Executive Order 13045: Protection of Children From Environmental 
Health 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 concern an environmental 
health risk or safety risk.

H. Executive Order 13211: Actions Concerning Regulations 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 (NTTA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action would not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The 
documentation for this decision is contained in section V of this 
action preamble titled, ``Environmental Justice Considerations''.

VII. Statutory Authority

    The statutory authority for this action is provided in CAA sections 
502(b) and 502(d)(3), 42 U.S.C. 7661a(b) & (d)(3), which direct the 
Administrator of the EPA to promulgate regulations establishing state 
operating permit programs and give the Administrator the authority to 
establish a federal operating permit program. Additionally, the 
Administrator determines that this proposed action is subject to the 
provisions of CAA section 307(d), which establish procedural 
requirements specific to rulemaking under the CAA. CAA section

[[Page 19046]]

307(d)(1)(V) provides that the provisions of CAA section 307(d) apply 
to ``such other actions as the Administrator may determine.'' 42 U.S.C. 
7607(d)(1)(V).

List of Subjects

40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

40 CFR Part 71

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Reporting and recordkeeping requirements.

Michael Regan,
Administrator.

    For the reasons stated in the preamble, the EPA proposes to amend 
title 40 CFR parts 70 and 71 as follows:

PART 70--STATE OPERATING PERMIT PROGRAMS

0
1. The authority citation for part 70 continues to read as follows:

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

Sec.  70.6  [Amended]

0
2. In Sec.  70.6, remove and reserve paragraph (g).

PART 71--FEDERAL OPERATING PERMIT PROGRAMS

0
3. The authority citation for part 71 continues to read as follows:

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

Sec.  71.6  [Amended]

0
4. In Sec.  71.6, remove and reserve paragraph (g).

[FR Doc. 2022-06907 Filed 3-31-22; 8:45 am]
BILLING CODE 6560-50-P
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