25410 Federal Register / Vol. 87, No. 83 / Friday, April 29, 2022 / Rules and Regulations 

1The portion of Door County, Wisconsin, north 

of the Sturgeon Bay Canal (excluding Newport State 

Park) is the ‘‘Revised Door County’’ nonattainment 

area (or area) and is the subject of this notice. 

following two points of position and the 

North shore: 33°45′03′′ N, 78°50′47′′ W 

to 33°45′18′′ N, 78°50′14′′ W, located in 

Myrtle Beach, South Carolina. 

(b) Definitions. As used in this 

section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Charleston (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the safety zone unless 

authorized by the COTP Charleston or a 

designated representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the COTP Charleston by 

telephone at (843) 740–7050, or a 

designated representative via VHF radio 

on channel 16, to request authorization. 

If authorization is granted, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the COTP Charleston or a designated 

representative. 

(d) Enforcement period. This rule will 

be enforced from May 1, 2022 from 7:30 

a.m. until 9:30 a.m. 

Dated: April 22, 2022. 

J.D. Cole, 

Captain, U.S. Coast Guard, Captain of the 

Port Charleston. 

[FR Doc. 2022–09220 Filed 4–28–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2022–0008; FRL–9609–02– 

R5] 

Air Plan Approval; Wisconsin; 

Redesignation of the Revised Door 

County (Partial) Area to Attainment of 

the 2015 Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) finds that the revised 

Door County (partial) nonattainment 

area in Wisconsin is attaining the 2015 

ozone National Ambient Air Quality 

Standard (NAAQS) and is approving, in 

accordance with a request from the 

Wisconsin Department of Natural 

Resources (WDNR), the redesignation of 

the area to attainment for the 2015 

ozone NAAQS, because the request 

meets the statutory requirements for 

redesignation under the Clean Air Act 

(CAA). WDNR submitted this request on 

January 5, 2022. EPA is also proposing 

to approve, as a revision to the 

Wisconsin SIP, the State’s maintenance 

plan for the area. The maintenance plan 

is designed to keep the area in 

attainment of the 2015 ozone NAAQS 

through 2035. Additionally, EPA is 

approving the emissions inventory for 

this area, which satisfies the emissions 

inventory requirement for the area 

under the 2015 ozone NAAQS. The 

CAA requires emission inventories for 

all areas that were designated 

nonattainment. Finally, EPA is 

approving the 2030 and 2035 motor 

vehicle emissions budgets for the area. 

DATES: This final rule is effective on 

April 29, 2022. 

ADDRESSES: EPA has established dockets 

for this action under Docket ID No. 

EPA–R05–OAR–2022–0008. 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 Jenny 

Liljegren, Physical Scientist, at (312) 

886–6832 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Jenny Liljegren, Physical Scientist, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6832, 

Liljegren.Jennifer@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

I. Background Information 

On March 3, 2022 (87 FR 12020), EPA 

proposed to approve the 2015 ozone 

NAAQS redesignation, maintenance 

plan, emission inventory, and motor 

vehicle emissions budgets for the area. 

An explanation of the CAA 

requirements, a detailed analysis of the 

revisions, and EPA’s reasons for 

proposing approval were provided in 

the notice of proposed rulemaking and 

will not be restated here. The public 

comment period for this proposed rule 

ended on April 4, 2022. 

During the comment period, EPA 

received one supportive comment, 

which is included in the docket for this 

action. EPA did not receive any adverse 

comments. In this rulemaking, we are 

finalizing our action as proposed. 

II. What action is EPA taking? 

EPA finds that the area 1 is attaining 

the 2015 ozone NAAQS based on 

quality-assured and certified monitoring 

data for 2019–2021 showing that the 

area has met the requirements for 

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

of the CAA. EPA is thus approving a 

change in the legal designation of the 

area from nonattainment to attainment 

for the 2015 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 area in 

attainment of the 2015 ozone NAAQS 

through 2035. EPA also finds adequate 

and is approving the newly established 

2030 and 2035 volatile organic 

compounds (VOC) and oxides of 

nitrogen (NOX) motor vehicle emission 

budgets for the area. EPA is also 

approving the base year emissions 

inventories for the area under the 2015 

ozone NAAQS. 

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). 


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Federal Register / Vol. 87, No. 83 / Friday, April 29, 2022 / Rules and Regulations 25411 

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. 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 28, 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, 

Nitrogen dioxide, Ozone, and Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: April 20, 2022. 

Debra Shore, 

Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, 40 CFR parts 52 and 81 are 

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. 

■ 2. Section 52.2585 is amended by 

adding paragraph (tt) to read as follows: 

§ 52.2585 Control strategy: Ozone. 

* * * * * 

(tt) Redesignation. Approval—On 

January 5, 2022, Wisconsin submitted a 

request to redesignate the revised Door 

County (partial) area to attainment of 

the 2015 8-hour ozone standard. As part 

of the redesignation request, the State 

submitted a maintenance plan as 

required by section 175A of the Clean 

Air Act. 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 Clean 

Air Act. The ozone maintenance plan 

also establishes 2030 and 2035 motor 

vehicle emission budgets for the area. 

The 2030 MVEBs for the area are 0.1349 

tons per summer day for VOC and 

0.2995 tons per summer day for NOX. 

The 2035 MVEBs for the area are 0.1153 

tons per summer day for VOC and 

0.2586 tons per summer day for NOX. 

* * * * * 

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. In § 81.350, the table entitled 

‘‘Wisconsin—2015 8-Hour Ozone 

NAAQS [Primary and Secondary]’’ is 

amended by: 

■ a. Revising the entry for ‘‘Door 

County-Revised (part)’’; and 

■ b. Removing footnote 4. 

The revisions read as follows: 

§ 81.350 Wisconsin. 

* * * * * 


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25412 Federal Register / Vol. 87, No. 83 / Friday, April 29, 2022 / Rules and Regulations 

1The four petitions are styled respectively as: 

Petition for Reconsideration of ‘‘Endangerment and 

Cause or Contribute Findings for Greenhouse Gases 

Under Section 202(A) of the Clean Air Act,’’ 

submitted on behalf of the Concerned Household 

Electricity Consumers Council (CHECC); Petition 

for Rulemaking on the Issue of Greenhouse Gases 

and Public Health and Welfare, submitted on behalf 

of the Competitive Enterprise Institute, the Science 

and Environmental Policy Project, and four 

individual members of the latter’s Board of 

Directors (CEI); Petition to Reopen and Reconsider 

‘‘Endangerment and Cause or Contribute Findings 

for Greenhouse Gases Under Section 202(a) of the 

Clean Air Act,’’ filed by the FAIR Energy 

Foundation (FAIR); and Petition to Reconsider 

Endangerment and Cause or Contribute Findings for 

Greenhouse Gases under Section 202(a) of the Clean 

Air Act, 74 FR. 66496 (December 15, 2009) Docket 

No. EPA–HQ–OAR–2009–0171; FRL–9091–8; RIN 

2060–ZA14 (‘‘Endangerment Finding’’) submitted 

by the Texas Public Policy Foundation on behalf of 

Liberty Packing Company LLC, Nuckles Oil Co., 

Inc. dba Merit Oil Company, Norman R. ‘‘Skip’’ 

Brown, Dalton Trucking Company, Inc., Loggers 

Association of Northern California, Construction 

Industry Air Quality Coalition, and Robinson 

Industries, Inc (TPP). 

2See ‘‘EPA’s Denial of Petitions Relating to the 

Endangerment and Cause or Contribute Findings for 

Greenhouse Gases Under Section 202(a) of the 

Clean Air Act.’’ 

WISCONSIN—2015 8-HOUR OZONE NAAQS 

[Primary and secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

*******

Door County-Revised (part) ......................................................... 4/29/2022 Attainment ............ Marginal (Rural 

Transport). 

The portion of Door County north of Sturgeon Bay Canal 

excluding Newport State Park. 

*******

* * * * * 

[FR Doc. 2022–08978 Filed 4–28–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Chapter I 

[EPA–HQ–OAR–2022–0129; FRL–9735–01– 

OAR] 

Endangerment and Cause or 

Contribute Findings for Greenhouse 

Gases Under Section 202(a) of the 

Clean Air Act; Final Action on Petitions 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of final action denying 

petitions. 

SUMMARY: The Environmental Protection 

Agency (EPA) received four petitions for 

reconsideration, rulemaking, or 

reopening of the Endangerment and 

Cause or Contribute Findings for 

Greenhouse Gases under Section 202(a) 

of the Clean Air Act (CAA), published 

in the Federal Register on December 15, 

2009. The agency is providing 

notification of its action denying all four 

petitions. The basis for EPA’s action is 

set out fully in the accompanying 

decision document, available in the 

docket for this action. 

DATES: Effective April 29, 2022. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jeremy Martinich, Environmental 

Protection Agency, Office of Air and 

Radiation, Office of Atmospheric 

Programs, Climate Change Division, 

(202) 343–9871, climatechange@

epa.gov. For additional information 

regarding this Notice, please go to the 

website https://www.epa.gov/climatechange/endangerment-and-cause-orcontribute-findings-greenhouse-gasesunder-section-202a. 

SUPPLEMENTARY INFORMATION: 

I. How can I get copies of this document 

and other related information? 

A copy of this Federal Register 

document, the petitions,1 the letters 

denying the four petitions and the 

decision document 2 describing the full 

basis for the denial of these petitions, 

and other materials related to this action 

are available in the docket for this 

action (Docket ID No. EPA–HQ–OAR– 

2022–0129). Publicly available docket 

materials are available electronically 

through www.regulations.gov. In 

addition, following signature, an 

electronic copy of this final action and 

the decision document will be available 

on the internet at https://www.epa.gov/ 

climate-change/2022-denial-petitionsreconsideration-rulemaking-orreopening-endangerment-and-cause. 

Due to the ongoing COVID–19 

pandemic, public access to the EPA 

Docket Center and Reading Room may 

be limited: Please check the website at 

https://www.epa.gov/dockets for the 

most up to date information on 

operating status. Our Docket Center staff 

will continue to provide remote 

customer service via email, phone, and 

webform. We encourage the public to 

obtain docket information via https://

www.regulations.gov/. For further 

information on EPA Docket Center 

services and the current status, please 

visit us online at https://www.epa.gov/ 

dockets. 

II. Judicial Review 

The decision to deny the four 

petitions is a final agency action for 

purposes of section 307(b)(1) of the 

CAA, which governs judicial review of 

final actions by the EPA. This action is 

not a rulemaking and is not subject to 

the various statutory and other 

provisions applicable to a rulemaking. 

Section 307(b)(1) provides, in part, 

that petitions for review must be filed in 

the United States Court of Appeals for 

the District of Columbia Circuit (D.C. 

Circuit): (i) When the agency action 

consists of ‘‘nationally applicable 

regulations promulgated, or final actions 

taken, by the Administrator,’’ or (ii) 

when such action is locally or regionally 

applicable, but ‘‘such action is based on 

a determination of nationwide scope or 

effect and if in taking such action the 

Administrator finds and publishes that 

such action is based on such a 

determination.’’ For locally or regionally 

applicable final actions, the CAA 

reserves to the EPA complete discretion 

whether to invoke the exception in (ii). 

This final action is ‘‘nationally 

applicable’’ within the meaning of CAA 

section 307(b)(1). In the alternative, to 

the extent a court finds this final action 

to be locally or regionally applicable, 

the Administrator is exercising the 

complete discretion afforded to him 

under the CAA to make and publish a 

finding that this action is based on a 

determination of ‘‘nationwide scope or 

effect’’ within the meaning of CAA 


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