Federal Register / Vol. 87, No. 69 / Monday, April 11, 2022 / Rules and Regulations 21027 

Rule No. Rule title 

State 

effective 

date 

EPA 

effective 

date 

Final rule citation, date Comments 

*******

74:36:01. Definitions 

74:36:01:01 ........................ Definitions ......................... 04/19/2021 5/11/2022 [insert Federal Register 

citation], 4/11/2022.

* * * * * * * 

* * * * * (e) * * * 

Rule title 

State 

effective 

date 

EPA 

effective 

date 

Final rule citation, date Comments 

*******

XXVII. South Dakota Codified Laws, 34A–1–2, 34A–1–58.1, 

34A–1–60 and 34A–1–63.

4/19/21 5/11/2022 [insert Federal Register 

citation], 4/11/2022.

[FR Doc. 2022–07416 Filed 4–8–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2021–0885; FRL–9523–02– 

R5] 

Air Plan Approval; Wisconsin; 

Redesignation of the Wisconsin 

Portion of the Chicago-Naperville, 

Illinois-Indiana-Wisconsin Area to 

Attainment of the 2008 Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) finds that the ChicagoNaperville, IL-IN-WI area (Chicago area) 

is attaining the 2008 ozone National 

Ambient Air Quality Standard (NAAQS 

or standard) and, in response to a 

request from the Wisconsin Department 

of Natural Resources (Wisconsin or the 

State), is redesignating the Wisconsin 

portion of the area to attainment for the 

2008 ozone NAAQS, because the State 

has met the statutory requirements for 

redesignation under the Clean Air Act 

(CAA). EPA is approving, as a revision 

to the Wisconsin State Implementation 

Plan (SIP), the State’s plan for 

maintaining the 2008 ozone NAAQS 

through 2035 for the Wisconsin portion 

of the Chicago area. EPA finds adequate 

and is approving Wisconsin’s 2030 and 

2035 volatile organic compound (VOC) 

and oxides of nitrogen (NOX) Motor 

Vehicle Emission Budgets (Budgets) for 

the Wisconsin portion. Finally, 

pursuant to section 110 and part D of 

the CAA, EPA is approving the 

enhanced Inspection/Maintenance (I/M) 

program certification included in 

Wisconsin’s December 3, 2021 

submittal, because it satisfies the serious 

enhanced I/M requirements for the 

Wisconsin portion. EPA proposed to 

approve this action on February 7, 2022, 

and received no comments. 

DATES: This final rule is effective on 

April 11, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2021–0885. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

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

Friday, excluding Federal holidays and 

facility closures due to COVID–19. We 

recommend that you telephone Michael 

Leslie, Environmental Engineer at (312) 

353–6680 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Michael Leslie, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–6680, 

leslie.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

I. Background Information 

On February 7, 2022 (87 FR 6006), 

EPA proposed to find that the Chicago 

area is attaining the 2008 ozone 

NAAQS, in response to a request from 

the Wisconsin, and is redesignating the 

Wisconsin portion of the area to 

attainment for the 2008 ozone NAAQS, 

because the State has met the statutory 

requirements for redesignation under 

the CAA. The Wisconsin portion of the 

Chicago 2008 ozone area consists of the 

portion of Kenosha County bounded by 

the I–94 corridor and the area east to 

Lake Michigan (Wisconsin portion). 

Wisconsin submitted this request on 

December 3, 2021. EPA proposed to 

approve, as a revision to the Wisconsin 

SIP, the State’s plan for maintaining the 

2008 ozone NAAQS through 2035 for 

the Wisconsin portion. EPA also 

proposed to approve and find adequate 

Wisconsin’s 2030 and 2035 VOC and 

NOX Budgets for the Wisconsin portion. 

Finally, pursuant to section 110 and 

part D of the CAA, EPA proposed to 

approve the enhanced I/M certification, 

because it satisfies the serious enhanced 

I/M requirements for the Wisconsin 

portion. The public comment period for 

this proposed rule ended on March 9, 

2022. EPA received no comments on the 

proposal. 


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21028 Federal Register / Vol. 87, No. 69 / Monday, April 11, 2022 / Rules and Regulations 

II. Final Action 

EPA is determining that the Chicago 

area is attaining the 2008 ozone 

NAAQS, based on quality-assured and 

certified monitoring data for the 2019– 

2021 period. EPA is approving 

enhanced I/M revision included in 

Wisconsin’s December 3, 2021 submittal 

because Wisconsin demonstrated that 

its current I/M program meets the 

applicable enhanced I/M performance 

standard requirements in 40 CFR part 

51, subpart S, for the 2008 ozone 

NAAQS. EPA has determined that the 

Wisconsin portion of the Chicago area 

has met the requirements for 

redesignation under section 107(d)(3)(E) 

of the CAA. EPA is thus changing the 

legal designation for the Wisconsin 

portion of the Chicago-Naperville, IL– 

IN–WI area from nonattainment to 

attainment for the 2008 ozone NAAQS. 

EPA is also approving, as a revision to 

the Wisconsin SIP, the State’s 

maintenance plan for the area. The 

maintenance plan is designed to keep 

the Wisconsin portion of the Chicago 

area in attainment of the 2008 ozone 

NAAQS through 2035. Finally, EPA is 

finding adequate and approving the 

newly established 2030 and 2035 

Budgets for the Wisconsin portion of the 

Chicago area. 

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

the Administrative Procedure Act 

(APA), EPA finds there is good cause for 

this action to become effective 

immediately upon publication. The 

immediate effective date for this action 

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

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

that final rules shall not become 

effective until 30 days after publication 

in the Federal Register ‘‘except . . . a 

substantive rule which grants or 

recognizes an exemption or relieves a 

restriction.’’ The purpose of this 

provision is to ‘‘give affected parties a 

reasonable time to adjust their behavior 

before the final rule takes effect.’’ 

Omnipoint Corp. v. Fed. Commc’n 

Comm’n, 78 F.3d 620, 630 (D.C. Cir. 

1996); see also United States v. 

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

1977) (quoting legislative history). 

However, when the agency grants or 

recognizes an exemption or relieves a 

restriction, affected parties do not need 

a reasonable time to adjust because the 

effect is not adverse. EPA has 

determined that this rule relieves a 

restriction because this rule relieves 

sources in the area of Nonattainment 

New Source Review (NNSR) permitting 

requirements; instead, upon the 

effective date of this action, sources will 

be subject to less restrictive Prevention 

of Significant Deterioration (PSD) 

permitting requirements. For this 

reason, EPA finds good cause under 5 

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

become effective on the date of 

publication of this action. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

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

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

This action is subject to the 

Congressional Review Act, and EPA will 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. This action 

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

U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by June 10, 2022. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: March 29, 2022. 

Debra Shore, 

Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, 40 CFR parts 52 and 81 are 

amended as follows: 


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Federal Register / Vol. 87, No. 69 / Monday, April 11, 2022 / Rules and Regulations 21029 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.2585 is amended by 

adding paragraph (ss) to read as follows: 

§ 52.2585 Control strategy: Ozone. 

* * * * * 

(ss) Redesignation. Approval—On 

December 3, 2021, Wisconsin submitted 

a request to redesignate the Wisconsin 

portion of the Chicago-Naperville, IL-INWI area to attainment of the 2008 ozone 

National Ambient Air Quality Standards 

(NAAQS). As part of the redesignation 

request, the State submitted a 

maintenance plan as required by section 

175A of the Clean Air Act (CAA). 

Elements of the section 175 

maintenance plan include a contingency 

plan and an obligation to submit a 

subsequent maintenance plan revision 

in eight years as required by the CAA. 

The ozone maintenance plan also 

establishes 2030 and 2035 Motor 

Vehicle Emission Budgets (Budgets) for 

the area. The 2030 Budgets for the area 

are 0.54 tons/day for volatile organic 

compounds (VOC) and 0.85 tons/day for 

oxides of nitrogen (NOX). The 2035 

Budgets for the area are 0.47 tons/day 

for VOC and 0.75 tons/day for NOX. 

Wisconsin also submitted a revision to 

its State Implementation Plan to satisfy 

the Enhanced Inspection/Maintenance 

recertification for the 2008 ozone 

NAAQS requirements of the CAA. 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. Section 81.350 is amended by 

revising the entry for ‘‘ChicagoNaperville, IL-IN-WI’’ in the table 

entitled ‘‘Wisconsin-2008 8-Hour Ozone 

NAAQS [Primary and Secondary]’’ to 

read as follows: 

§ 81.350 Wisconsin. 

* * * * * 

WISCONSIN—2008 8-HOUR OZONE NAAQS 

[Primary and Secondary] 

Designated area 

Designation Classification 

Date 1 Type Date 1 Type 

Chicago-Naperville, IL-IN-WI: 2 ................................................. 4/11/2022 Attainment ............................... ........................ Serious. 

Kenosha County (part): The portion of Kenosha County 

bounded by the Lake Michigan shoreline on the East, 

the Kenosha County boundary on the North, the Kenosha County boundary on the South, and the I–94 corridor (including the entire corridor) on the West.

* * * * * * * 

1This date is July 20, 2012, unless otherwise noted. 

2Excludes Indian country located in each area, unless otherwise noted. 

* * * * * 

[FR Doc. 2022–07538 Filed 4–8–22; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 22–13; RM–11914; DA 22– 

360; FR ID 81398] 

Television Broadcasting Services 

Albany, New York 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: On January 11, 2022, the 

Media Bureau, Video Division (Bureau) 

issued a Notice of Proposed Rulemaking 

(NPRM) in response to a petition for 

rulemaking filed by WNYT–TV, LLC 

(Petitioner), the licensee of WNYT–TV 

(Station), channel 12, Albany, New 

York, requesting the substitution of 

channel 24 for channel 12 at Albany in 

the Table of Allotments. For the reasons 

set forth in the Report and Order 

referenced below, the Bureau amends 

the Federal Communications 

Commission (Commission or FCC) 

regulations to substitute channel 24 for 

channel 12 at Albany. 

DATES: Effective April 11, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at (202) 

418–1647 or Joyce.Bernstein@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

proposed rule was published at 87 FR 

3489 on January 24, 2022. The 

Petitioner filed comments in support of 

the petition reaffirming its commitment 

to apply for channel 24. No other 

comments were filed. In support of its 

channel substitution request, the 

Petitioner states that the Station has a 

long history of significant reception 

problems given the local terrain, 

specifically the proximity of the Green, 

Berkshire, Catskill, and Adirondack 

mountain ranges and that these 

problems were exacerbated by the 

station’s conversion from analog to 

digital operations on VHF channel 12, 

when it received numerous complaints 

from viewers about the station’s overthe-air signal. In response to these 

complaints, the Petitioner applied for 

and received modification 

authorizations to increase the Station’s 

effective radiated power (ERP) from 9.1 

kW to 30 kW. According to the 

Petitioner, its proposal will result in a 

net gain in service to 289,588 persons 

within the Station’s predicted noise 

limited service contour. While the 

proposal will result in a loss population 

of 210 persons within the predicted 

noise limited contour, the Petitioner 

demonstrated that the population 

within the loss area is currently served 

by at least five over-the-air television 

services. In addition, the Station is an 

NBC affiliate, and the Petitioner 

submitted an analysis, using the 

Commission’s TVStudy software 

analysis program, demonstrating that 

after taking into account service 

provided by other NBC stations, all of 

the population located within the 

Station’s original DTV channel 12 noise 

limited contour will continue to receive 

NBC service, except for 130 people, a 

number which the Commission 

considers de minimis. Moreover, the 

proposed channel 21 facility will result 

in 30,075 persons gaining access to NBC 


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