Federal Register / Vol. 87, No. 72 / Thursday, April 14, 2022 / Rules and Regulations 22135 

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 

*******

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

*******

Limited Maintenance 

Plan Update for the 

Bullhead City PM10

Maintenance Area 

(May 2012).

Bullhead City PM10 Air 

Quality Planning 

Area.

May 24, 2012 ... 04/14/2022, [Insert 

Federal Register citation].

Enclosure 1 includes Arizona’s statutory authority provisions. Enclosure 2 is ADEQ’s 

completeness checklist. Enclosure 4 includes 

the public process documentation. Submitted 

by the Arizona Department of Environmental 

Quality on May 24, 2012. Fulfills requirements for second 10-year maintenance plan. 

* * * * * * * 

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. 2022–07907 Filed 4–13–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0773; FRL–9219–02– 

R9] 

Air Plan Approval; Arizona: Maricopa 

County Air Quality Department 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the Maricopa 

County Air Quality Department 

(MCAQD) portion of the Arizona State 

Implementation Plan (SIP). These 

revisions concern emissions of 

particulate matter (PM) from wood 

burning devices. We are approving local 

rules that regulate these emission 

sources under the Clean Air Act (CAA 

or the Act). 

DATES: These rules will be effective on 

May 16, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2021–0773. 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: 

Christine Vineyard, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 947–4125 or by 

email at vineyard.christine@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 December 14, 2021 (86 FR 70994), 

the EPA proposed to approve the 

following rules into the Arizona SIP. 

Local agency Rule No. 

Ordinance No. Rule title Revised Submitted 

MCAQD ................... Ordinance P–26 ...... Residential Woodburning Restriction .......................................... 10/23/19 11/20/19 

MCAQD ................... Rule 314 .................. Outdoor Fires and Commercial/Institutional Solid Fuel Burning 10/23/19 11/20/19 

We proposed to approve these rules 

because we determined that they 

comply with the relevant CAA 

requirements. Our proposed action and 

Technical Support Document (TSD) 

contain more information on the rules 

and our evaluation. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received one comment 

from a private citizen. 

Comment: The commenter raises the 

concern that the revisions to the 

Arizona State Implementation Plan (SIP) 

‘‘do not go far enough to reduce the 

risks of wildfires and particulate matter 

emissions.’’ The comment emphasizes 

the need to ‘‘uphold the highest air 

quality standards of the Clean Air Act’’ 

and ‘‘strongly regulat[e] fires in 

Maricopa County’’ to reduce the impacts 


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22136 Federal Register / Vol. 87, No. 72 / Thursday, April 14, 2022 / Rules and Regulations 

1Rule 314–SIP Revision Package p. 37–38, Docket 

ID: EPA–R09–OAR–2021–0773–0002. 

2 42 U.S.C. 7410(k); 40 CFR 52.02(a). 3 62 FR 27968 (May 22, 1997). 

on environmental and human health 

from woodburning and seasonal 

wildfires, including those impacts that 

are exacerbated by the COVID–19 

pandemic. 

The commenter ultimately ‘‘oppose[s] 

the conditional approval’’ from the 

EPA’s proposal and requests that 

Maricopa County ‘‘further revise these 

provisions within their State 

Implementation Plan to meet the 

strongest of air quality standards 

regarding particulate matter.’’ 

EPA’s Response: We note that we 

proposed to fully approve, not 

conditionally approve, revisions to 

MCAQD Ordinance P–26 and Rule 314. 

As we explained in our proposed 

action and TSD, during Maricopa 

County’s implementation of earlier 

versions of Ordinance P–26 and Rule 

314 (i.e., those that were previously 

approved into the SIP), the MCAQD 

found that certain sections of Rule 314 

were unclear and confusing to the 

public. Therefore, the MCAQD revised 

the rules to clarify which types of 

residential fires are subject to Rule 314 

and which types of residential fires are 

subject to Ordinance P–26. The EPA’s 

finalization of our proposed action to 

approve the submitted revisions to 

Ordinance P–26 and Rule 314 will add 

clarity to the SIP and improve 

implementation. 

Further, Rule 314 was revised to 

reduce emissions from outdoor fires for 

cooking by defining cooking, restricting 

the size of fires used for cooking, and 

requiring that fires ignited for cooking 

during a restricted burn period be 

extinguished once the food is suitable 

for human consumption. And to reduce 

total annual emissions from fireplaces, 

woodstoves, and chimineas at 

commercial and institutional 

establishments and outdoor fires, the 

rules were revised to require the use of 

seasoned wood, which contains no more 

than 20 percent moisture. These 

revisions will directly reduce 

particulate matter emissions and 

contribute to the area’s compliance with 

the 2012 National Ambient Air Quality 

Standard for fine particulate matter.1

Under the CAA, EPA is required to 

approve a SIP submission that complies 

with the provisions of the CAA and 

applicable federal regulations.2 In 

reviewing SIP submissions, EPA’s role 

is to approve state choices, provided 

that they meet the criteria of the CAA. 

Thus, we are approving MCAQD 

Ordinance P–26 and Rule 314 because 

they strengthen the SIP and comply 

with all requirements for SIP revisions 

under the Clean Air Act. 

III. EPA Action 

No comments were submitted that 

change our assessment of the rules as 

described in our proposed action. 

Therefore, as authorized in section 

110(k)(3) of the Act, the EPA is fully 

approving these rules into the Arizona 

SIP. The October 23, 2019 version of 

Ordinance P–26 and Rule 314 will 

replace the previously approved 

versions of these rules in the SIP. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

MCAQD rules described in Section I. of 

this preamble and set forth below in the 

amendments to 40 CFR part 52. 

Therefore, these materials have been 

approved by the EPA for inclusion in 

the SIP, have been incorporated by 

reference by the EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of the EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.3 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 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

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

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. 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). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 


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Federal Register / Vol. 87, No. 72 / Thursday, April 14, 2022 / Rules and Regulations 22137 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by June 13, 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: April 7, 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 D—Arizona 

■ 2. Section 52.120, paragraph (c), Table 

4, under the heading ‘‘Post-July 1988 

Rule Codification’’, is amended by: 

■ a. Revising the entry for Rule 314 

under the table heading ‘‘Regulation 

III—Control of Air Contaminants’’; and 

■ b. Adding a heading for ‘‘Maricopa 

County Ordinances’’ and an entry for 

‘‘Ordinance P–26’’ under the table 

heading ‘‘Appendices to Maricopa 

County Air Pollution Control Rules and 

Regulations’’ after the entry for 

‘‘Appendix F’’. 

The revision and addition read as 

follows. 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 4 TO PARAGRAPH (C)—EPA-APPROVED MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS

County citation Title/subject State effective date EPA approval date Additional explanation 

*******

Post-July 1988 Rule Codification 

*******

Regulation III—Control of Air Contaminants 

*******

Rule 314 .......................... Outdoor Fires and Commercial/Institutional Solid Fuel Burning.October 23, 2019 .... [INSERT Federal Register CITATION], April 

14, 2022.

Submitted on November 20, 2019. 

* * * * * * * 

Appendices to Maricopa County Air Pollution Control Rules and Regulations 

*******

Maricopa County Ordinances 

Ordinance P–26 .............. Residential Woodburning Restriction ........ October 23, 2019 .... [INSERT Federal Register CITATION], April 

14, 2022.

Submitted on November 20, 2019. 

* * * * * 

[FR Doc. 2022–07922 Filed 4–13–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 223 and 226 

[Docket No. 220408–0090; RTID 0648– 

XR119] 

Endangered and Threatened Wildlife 

and Plants; Removal of Johnson’s 

Seagrass From the Federal List of 

Threatened and Endangered Species 

Including the Corresponding 

Designated Critical Habitat 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: We, NMFS, are issuing a final 

rule to remove Johnson’s seagrass 

(Halophila johnsonii) from the Federal 

List of Threatened and Endangered 

Species. To correspond with this action, 

we are also removing the critical habitat 

designation for Johnson’s seagrass. 

These actions are based on newly 

obtained genetic data that demonstrate 

that Johnson’s seagrass is not a unique 

taxon but rather a clone of an IndoPacific species, Halophila ovalis. 

Therefore, Johnson’s seagrass does not 

meet the statutory definition of a species 


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