29232 Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Rules and Regulations 

1Approval and Promulgation of Implementation 

Plans; Colorado; Denver Metro/North Front Range 

Nonattainment Area; Nonattainment NSR Permit 

Program Certification for the 2015 8-Hour Ozone 

Standard, 86 FR 60434 (November 2, 2021). 

(e) * * * 

Title 

State 

effective 

date 

EPA 

effective 

date 

Final rule citation/date Comments 

*******

Denver Metropolitan Area 

*******

Reasonably Available Control Technology for the 2008 8-Hour Ozone 

National Ambient Air Quality Standard (NAAQS) State Implementation 

Plan (RACT SIP).

11/21/2017 6/13/2022 [insert Federal Register citation], 5/13/2022.Previous SIP approvals 7/03/2018, 2/ 

24/202, and 11/05/2021. Conditional 

approval of oil and gas RACT 5/13/ 

2022. 

* * * * * * * 

[FR Doc. 2022–10212 Filed 5–12–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2020–0644; FRL–9164–02– 

R8] 

Air Plan Approval; Colorado; Denver 

Metro/North Front Range 

Nonattainment Area; Nonattainment 

NSR Permit Program Certification for 

the 2015 8-Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

submitted by the State of Colorado. The 

submittal certifies that the State of 

Colorado has fulfilled, through previous 

SIP revisions, Nonattainment New 

Source Review (NNSR) Permit Program 

requirements under the 2015 8-hour 

ozone National Ambient Air Quality 

Standards (NAAQS) for the Denver 

Metro/North Front Range (DMNFR) 

area. The State of Colorado submitted 

the certification to meet the 

nonattainment requirements for 

Marginal ozone nonattainment areas 

(NAAs) for the 2015 8-hour ozone 

NAAQS. The EPA is taking this action 

pursuant to sections 110, 172, 173, and 

182 of the Clean Air Act (CAA). 

DATES: This rule is effective on June 13, 

2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2020–0644. All 

documents in the docket are listed on 

the http://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 internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Lang, Air and Radiation 

Division, EPA, Region 8, Mailcode 

8ARD–IO, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129, 

telephone number: (303) 312–6709, 

email address: lang.matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means the EPA. 

I. Background 

The background for this action is 

discussed in detail in our November 2, 

2021 proposal.1 In that document we 

proposed to approve a NNSR permit 

program certification for the DMNFR 

Marginal NAA because the certified 

NNSR permit program was prepared in 

accordance with requirements of 

sections 172(c)(5) and 173 of the CAA 

and fulfills the specific minimum SIP 

requirements of 40 CFR 51.165. The 

EPA is finalizing its proposed approval 

of the NNSR certification submitted by 

the State of Colorado for the DMNFR 

Marginal NAA under the 2015 8-hour 

ozone NAAQS. With this final 

rulemaking Colorado will have met the 

NNSR permit program requirement 

stemming from the Marginal 

nonattainment designation of the 

DMNFR area. 

EPA held a 30-day comment period 

on the proposed rulemaking beginning 

on November 1, 2021 and closing on 

December 2, 2021. We received 

comments on the proposal from two 

commenters. One individual expressed 

support for our proposed rulemaking. 

We also received comments from the 

Center for Biological Diversity (CBD) 

claiming that EPA must hold a new 

comment period and that Colorado’s SIP 

is inadequate with respect to NNSR 

permit program requirements. We thank 

the commenters and our responses to 

the comments received are included 

below. 

II. Response to Comments 

Commenter 1 

One commenter expressed support of 

the proposed approval and provided a 

general suggestion that sources be given 

time to make any needed changes to 

practices. 

Response: With respect to the 

commenter’s concern that sources be 

given time to make changes to practices, 

we note that this rulemaking does not 

impose any additional regulatory 

requirements on sources that would take 

time to implement. NNSR is a 

preconstruction review program that 

only applies to new sources and major 

modifications at existing sources. This 

action solely approves the certification 

submitted by the State of Colorado 

explaining that the existing federallyapproved NNSR permit program meets 

the requirements of 172(c)(5) and 173 of 

the CAA and fulfills the specific 

minimum SIP requirements of 40 CFR 

51.165 for NNSR permit programs for 

the 2015 8-hour ozone NAAQS. 


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Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Rules and Regulations 29233 

2See https://www.epa.gov/sips-co/epa-approvedstatutes-and-regulations-colorado-sip. We note that 

this compilation of EPA-approved statutes and 

regulations had not yet been updated at the time of 

our proposed rulemaking to reflect the revisions to 

Colorado’s NNSR program that were approved by 

EPA in 2019 at 84 FR 18991 (May 3, 2019). 

However, that action (84 FR 18991) was specifically 

referenced in our notice of proposed rulemaking as 

being the most recent approval of revisions to 

Colorado’s SIP-approved NNSR permit program. 

3See https://www.ecfr.gov/current/title-40/ 

chapter-I/subchapter-C/part-52/subpart-G. 

4Air Plan Approval; Texas; Clean Air Act 

Requirements for Nonattainment New Source 

Review and Emission Statements for the 2015 

Ozone National Ambient Air Quality Standards, 86 

FR 50456 (September 9, 2021). Approval and 

Promulgation of Air Quality Implementation Plans; 

Pennsylvania; Nonattainment New Source Review 

Requirements for 2008 8-Hour Ozone Standard, 84 

FR 5598 (February 22, 2019). 

5 5 CCR 1001–5:3D.II.A.25.b; 5 CCR 1001– 

5:3D.V.A.3. 

6Footnote 6 at 86 FR 60435 of EPA’s proposal is 

copied here for reader convenience: The EPA 

excluded part of Weld County from the DMNFR 

NAA, but that designation was remanded without 

vacatur in Clean Wisconsin v. EPA, 964 F.3d 1145, 

1167–69, 1177 (D.C. Cir. 2020). To the extent the 

EPA’s designation with respect to Weld County 

changes on remand, CO will be required to address 

the change in a future SIP revision. 

7Additional Revised Air Quality Designations for 

the 2015 Ozone National Ambient Air Quality 

Standards: El Paso County, Texas and Weld County, 

Colorado, 86 FR 67864 (November 30, 2021). 

8EPA acknowledges that 2021 revised 

designations action amending the boundary line for 

Denver Metro/North Front Range NAA to include 

the northern portion of Weld County has been 

challenged in court. Board of County 

Commissioners of Weld County, CO v. EPA, No. 21– 

1263 (D.C. Cir., Dec. 15, 2021). On March 15, 2021, 

the court denied Petitioners’ request to stay the 

Agency’s revised designations action. If the court 

eventually takes an action that results in northern 

Weld county’s exclusion from the Denver Metro/ 

North Front Range NAA, then Colorado’s existing 

NNSR permit program would no longer apply there 

until such time northern Weld County is again part 

of an ozone nonattainment area. 

Comments From the Center for 

Biological Diversity 

Comment 1 

CBD asserts that EPA must hold a new 

comment period since EPA did not 

include the regulatory provisions that it 

is proposing to approve in the docket. 

Response: In this rulemaking, EPA 

proposed to approve a NNSR permit 

program certification that was submitted 

by Colorado and which certified that the 

State’s existing SIP-approved NNSR 

permit program meets the marginal 

nonattainment requirement for 

implementation of a NNSR permit 

program. As such, our action does not 

approve any actual revisions to the text 

of the Colorado SIP, as was stated in our 

proposed rulemaking. The provisions 

which have been approved by EPA into 

the Colorado SIP via past rulemaking 

actions are publicly available, and were 

publicly available at the time of our 

proposed rulemaking, on EPA’s web 

page showing approved statutes and 

regulations in the Colorado SIP.2 Links 

to the EPA actions that have most 

recently approved revisions to each 

section of the Colorado SIP are available 

at this EPA web page and can also be 

found at 40 CFR part 52, subpart G.3

Furthermore, the provisions of 

Colorado’s SIP that the state certified as 

meeting the requirements for NNSR 

programs for new major sources and 

major modifications at existing sources 

in ozone nonattainment areas are 

specifically listed in the ‘‘Clean Air Act 

Elements Table’’ provided at attachment 

7 of Colorado’s SIP submittal. 

Attachment 7 of the submittal was 

referenced in the proposed rulemaking 

as being the NNSR provisions that 

Colorado is certifying. See 86 FR 60435. 

According to that attachment, the 

relevant SIP provisions for the NNSR 

permit program are found in sections I, 

II, and V of Regulation 3, Part D of the 

Colorado Code of Regulations (CCR). 

Instead of approving new revisions to 

the text of the existing SIP, this action 

approves those existing regulations 

which have already been incorporated 

into the SIP as meeting NNSR permit 

program requirements for ozone NAAs 

under the 2015 8-hour ozone NAAQS. 

Since no revisions to the Colorado SIP 

were submitted by the State and 

because, as mentioned previously, the 

existing SIP is available to the public 

and specific sections of the submittal 

highlighted the relevant provisions in 

the SIP, it is not necessary to include a 

copy of the SIP-approved NNSR permit 

program in the docket of the proposed 

rulemaking. Furthermore, it is not 

necessary to include a copy of the SIPapproved NNSR permit program in the 

docket since the opportunity for public 

comment was previously provided on 

each occasion that revisions to the 

NNSR permit program were approved 

into the SIP. This is consistent with 

other actions taken by EPA in approving 

certification SIP submittals to meet the 

2008 and 2015 Marginal area SIP 

revision requirement for NNSR permit 

programs in which the State submittals 

and EPA approvals make reference to 

the relevant State regulations that are 

already federally approved while noting 

the most recent approval of revisions to 

the NNSR provisions.4

Comment 2 

CBD asserts that EPA must disapprove 

Colorado’s NNSR permit program 

certification because the NNSR program 

does not address the designation of 

northern Weld County as nonattainment 

given that this designation is effective 

beginning on December 30, 2021. 

Response: This comment concerns the 

applicability of Colorado’s NNSR permit 

program to the portion of Weld County 

that was newly designated as 

nonattainment as part of the DMNFR 

NAA, effective on December 30, 2021. 

Colorado’s SIP-approved NNSR program 

applies generally to all ozone NAAs 

within the State of Colorado.5 Thus, 

upon the effective date of designation of 

northern Weld County as nonattainment 

through inclusion in the DMNFR NAA, 

the existing NNSR permit program 

applies by operation of law to new 

major sources and major modifications 

in the portion of northern Weld County 

that has been newly designated as 

nonattainment. Since the 2015 

nonattainment boundary was remanded 

without vacatur, the NAA boundary that 

did not include northern Weld County 

was effective at the time of publication 

of our proposed rule. Therefore, our 

proposed rule noted that to the extent 

that EPA’s designation changes on 

remand, Colorado will be required to 

address the change as part of a future 

SIP revision. Upon further review, EPA 

acknowledges that the footnote in EPA’s 

proposal that commenters reference 

(footnote 6 at 86 FR 60435) could be 

clearer.6 That footnote was not intended 

to speak directly to the NNSR permit 

program requirement, but rather was 

intended to make a general point that 

additional supplements or revisions 

could be needed to fulfill Marginal area 

SIP revision requirements should a 

change in the NAA boundary be made 

final. This footnote is consistent with 

the language used in EPA’s final action 

regarding designations for remanded 

areas at 86 FR 67869.7 Since EPA 

interprets Colorado’s NNSR permit 

program as being generally applicable to 

any ozone NAA within the State, it 

became applicable to the newlydesignated portion of Weld County on 

the effective date of this designation 

(Dec. 30, 2021). There is no need for 

additional revisions to the existing 

NNSR permit program to make it 

applicable to the area of northern Weld 

County designated as nonattainment in 

2021.8

Comment 3 

CBD asserts that EPA must disapprove 

Colorado’s certification of the state’s 

NNSR permit program because the 

program does not ensure that minor 

sources in the DMNFR NAA will not 

cause or contribute to increment 

violations. 

Response: The NNSR permit program 

requirements that are the focus of this 

action are specific to new major sources 

and modifications at existing sources in 


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29234 Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Rules and Regulations 

9Final Rule to Implement the 8-Hour Ozone 

National Ambient Air Quality Standard-Phase2; 

Final Rule to Implement Certain Aspects of the 

1990 Amendments Relating to New Source Review 

and Prevention of Significant Deterioration as They 

Apply in Carbon Monoxide, Particulate Matter and 

Ozone NAAQS; Final Rule for Reformulated 

Gasoline, 70 FR 71612 (November 29, 2005). 10 5 CCR 1001–5:3A.I.B.31.b.(iii). 11 5 CCR 1001–5:3D.V.A.8.a(i)(A)–(E) 

ozone NAAs and include the 

requirements that were promulgated in 

the ‘‘Phase 2 Rule’’ implementing the 

1997 8-hour ozone NAAQS and which 

are listed in our proposed rulemaking.9

Therefore, since none of the 

requirements for NNSR major source 

permit programs at 40 CFR 51.165 

concern contributions to consumption 

of PSD increment, this comment falls 

outside the scope of this proposed 

rulemaking. Furthermore, we again note 

for clarity that the EPA is not approving 

any revision to the Colorado SIP. 

Instead, EPA is approving Colorado’s 

certification that the existing SIPapproved NNSR permit program 

continues to meet the minimum 

requirements for NNSR permit programs 

in Marginal ozone NAAs under the 2015 

8-hour ozone NAAQS. Colorado’s SIP 

certification did not, and need not, 

address the PSD or minor source 

permitting requirements under 40 CFR 

51.166 or 51.160. Further, there is no 

PSD increment for ozone in section 

51.166(c). 

Comment 4 

CBD asserts that EPA must disapprove 

Colorado’s certification of their NNSR 

permit program because the program 

provides for exclusions of temporary 

emissions and emissions from internal 

combustion engines on vehicles from 

being used in the determination of 

whether a source is a major stationary 

source subject to NNSR permitting. CBD 

claims these exclusions are not allowed 

by the CAA. 

Response: As referenced by the 

commenter, the definition of potential 

to emit at 40 CFR 51.165(a)(1)(iii) 

excludes secondary emissions in 

determining the potential to emit of a 

stationary source. Secondary emissions 

are defined at 40 CFR 51.165(a)(1)(viii) 

to include emissions which would 

occur because of the construction or 

operation of a major stationary source or 

major modification, but do not come 

from the major stationary source or 

major modification itself. NNSR 

permitting concerns continuous 

operating emissions of a stationary 

source and not temporary emissions or 

emissions associated with construction. 

Therefore, the exclusion of emissions 

from temporary activities contained at 

Section II.A.25.f of Regulation 3, Part D 

in the CCR is allowable per the 

definition of secondary emissions and 

exclusion of secondary emissions under 

the definition of potential to emit at 40 

CFR 51.165. The exclusion of emissions 

from internal combustion engines on 

any vehicle at Section II.A.25.f of 

Regulation 3, Part D is appropriate since 

mobile source emissions from nonroad 

mobile and on-road mobile sources are 

not considered as part of the operating 

emissions of a stationary source. 

However, under the definition of 

‘‘Nonroad engine’’ at 40 CFR 1068.30 an 

internal combustion engine is not a 

nonroad engine if it remains or will 

remain at a location for more than 12 

consecutive months and would instead 

become a stationary engine as specified 

by 40 CFR 1068.31(e)(1). This definition 

is reflected in Section I.B.31.b.(iii) of 

Regulation 3, Part A of the CCR which 

is incorporated into the SIP.10 Mobile 

source emissions are regulated by Title 

II of the CAA which includes emissions 

standards for moving sources and 

therefore mobile source emissions are 

not included in the determination of 

whether a stationary source is a major 

source for NNSR purposes. Section II.G 

of Appendix S to 40 CFR part 51, which 

set forth EPA’s interpretive ruling on 

preconstruction review, details that 

‘‘since EPA’s authority to perform or 

require indirect source review relating 

to mobile sources regulated under Title 

II of the Act (motor vehicles and 

aircraft) has been restricted by statute, 

consideration of the indirect impacts of 

motor vehicles and aircraft is not 

required under this Ruling.’’ We 

therefore disagree with the assertion by 

the commenter that the exclusion of 

temporary emissions and emissions 

from internal combustion engines on 

vehicles are not allowable in the 

determination of whether a source is 

major with respect to NNSR permitting. 

Comment 5 

CBD asserts EPA must disapprove 

Colorado’s certification of their NNSR 

permit program because the program 

provides for exemptions relating to 

offset requirements not allowed under 

the CAA or EPA’s regulations. 

Specifically, the commenter claims that 

the following exemptions from offset 

requirements that are located in 

Regulation 3, Part D are not allowed: 

Portable sources that will relocate 

outside a NAA in less than one year, 

pilot plants that operate an aggregate of 

less than six months, construction 

phases of a new or modified building/ 

facility/structure/installation, temporary 

processes or activities of less than one 

year in duration, and sources 

undergoing fuel switches.11

Response: Appendix S to 40 CFR part 

51 is a codification of EPA’s Emissions 

Offset Interpretive Ruling on the 

preconstruction review requirements for 

stationary sources under 40 CFR part 51, 

subpart I. Section IV.B of Appendix S 

contains exemptions consistent with 

those that the commenter objects to. 

These exemptions include temporary 

emission sources such as portable 

facilities that will be relocated outside 

of the NAA after a short period of time, 

pilot plants, and emissions resulting 

from the construction phase of a new 

source. We highlight that this Appendix 

S provision concerning offset 

exemptions for temporary emissions 

from construction phases does not 

prohibit reviewing authorities from 

concluding that emissions associated 

with construction phases exceeding a 

period of one year are temporary 

emissions. The language of section IV.B 

of Appendix S is general enough to 

allow the reviewing authority to exempt 

emissions resulting from a construction 

phase exceeding one year from offset 

requirements. Section IV.B of Appendix 

S also includes an exemption for 

sources which must switch fuels due to 

lack of adequate fuel supplies or where 

a source is required to be modified as 

a result of EPA regulations. This 

exemption applies only if an applicant 

has demonstrated that it has made its 

best efforts to obtain sufficient emission 

offsets and that efforts were 

unsuccessful, the applicant has secured 

all available emission offsets, and the 

applicant will continue to seek the 

necessary emission offsets and apply 

them when they become available. 

Appendix S currently serves as a NNSR 

permitting program that may be applied 

by states that do not have an approved 

NNSR program in their SIP or lack a 

particular element of such a program. 

The omission of the Appendix S offset 

exemptions at 40 CFR 51.165 does not 

preclude the inclusion of the same 

exemptions in the Colorado SIP. The 

Emissions Offset Interpretive Ruling 

reflects a longstanding EPA 

interpretation of the CAA. EPA does not 

consider it appropriate to allow states 

without an approved NNSR program to 

apply the exemptions in Appendix S, 

while denying states who have taken on 

the task of developing an NNSR 

program for EPA approval the same 

opportunity to implement exemptions 

that EPA has previously-determined to 

be permissible under the Act. The 

exemption from offset requirements at 

Section IV.B of Appendix S to 40 CFR 


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12See EPA Response to Comments for South Fork 

Windfarm OCS Air Permit at p. 14. Available online 

at https://www.epa.gov/system/files/documents/ 

2022-01/sfw-response-comments-final-permit-ocsr1-04.pdf. 

part 51 specifically for emissions 

resulting from the construction phase of 

a new source was most recently 

recognized as an appropriate exemption 

in a permit issued by EPA for the South 

Fork Windfarm on the Outer 

Continental Shelf (OCS).12 Therefore, 

we disagree with the claim made by the 

commenter that the exemptions at 

section V.A.8 of Regulation 3, Part D are 

not allowed under the CAA or EPA’s 

regulations since, as detailed 

previously, these exemptions are in 

section IV.B of Appendix S to 40 CFR 

part 51. 

III. Final Action 

The EPA is finalizing approval of the 

NNSR permit program certification 

submitted by the State of Colorado 

because the certified NNSR Permit 

Program was prepared in accordance 

with requirements of sections 172(c)(5) 

and 173 of the CAA and fulfills the 

specific minimum SIP requirements of 

40 CFR 51.165. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, 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 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, 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). 

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. 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 ‘‘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 July 12, 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, 

Greenhouse gases, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: May 8, 2022. 

KC Becker, 

Regional Administrator, Region 8. 

40 CFR part 52 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 G—Colorado 

■ 2. In § 52.320, the table in paragraph 

(e) is amended by revising the center 

heading ‘‘Maintenance Plans’’ and 

adding the entry ‘‘Ozone (8-hour, 2015) 

DMNFR NNSR Certification’’ at the end 

of the ‘‘Denver Metropolitan Area’’ 

subheading to read as follows: 

§ 52.320 Identification of plan. 

* * * * * 

(e) * * * 


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29236 Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Rules and Regulations 

Title 

State 

effective 

date 

EPA 

effective 

date 

Final rule 

citation/date Comments 

*******

Maintenance and Attainment Plan Elements 

*******

Denver Metropolitan Area 

*******

Ozone (8-hour, 2015) DMNFR NNSR 

Certification.

7/6/2020 6/13/2022 May 13, 2022, [insert Federal 

Register citation].

* * * * * * * 

[FR Doc. 2022–10211 Filed 5–12–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 200124–0029; RTID 0648– 

XB978] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; 2022 

Red Snapper Private Angling 

Component Accountability Measure in 

Federal Waters Off Louisiana and 

Florida 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule, accountability 

measure. 

SUMMARY: Through this temporary rule, 

NMFS implements accountability 

measures (AMs) for the red snapper 

recreational sector private angling 

component in the Gulf of Mexico (Gulf) 

off Louisiana and Florida for the 2022 

fishing year. Based on information 

provided by the Louisiana Department 

of Wildlife and Fisheries (LDWF) and 

Florida Fish and Wildlife Conservation 

Commission (FWC), NMFS has 

determined that the 2021 regional 

management area private angling 

component annual catch limits (ACL) 

for Gulf red snapper were exceeded for 

both Louisiana and Florida. Therefore, 

NMFS reduces the 2022 private angling 

component ACLs of Gulf red snapper for 

both the Louisiana and Florida regional 

management areas. This reduction will 

remain in effect through the remainder 

of the current fishing year on December 

31, 2022, and is necessary to protect the 

Gulf red snapper resource. 

DATES: This temporary rule is effective 

from 12:01 a.m., local time, on May 13, 

2022, until 12:01 a.m., local time, on 

January 1, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Kelli O’Donnell, NMFS Southeast 

Regional Office, telephone: 727–824– 

5305, email: kelli.odonnell@noaa.gov. 

SUPPLEMENTARY INFORMATION: The Gulf 

reef fish fishery, which includes red 

snapper, is managed under the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (FMP). 

The FMP was prepared by the Gulf of 

Mexico Fishery Management Council 

and is implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) through 

regulations at 50 CFR part 622. All red 

snapper weights discussed in this 

temporary rule are in round weight. In 2015, Amendment 40 to the FMP 

established two components within the 

recreational sector fishing for red 

snapper: The private angling 

component, and the Federal charter 

vessel and headboat (for-hire) 

component (80 FR 22422, April 22, 

2015). In 2020, NMFS implemented 

Amendments 50 A–F to the FMP, which 

delegated authority to the Gulf states 

(Louisiana, Mississippi, Alabama, 

Florida, and Texas) to establish specific 

management measures for the harvest of 

red snapper in Federal waters of the 

Gulf by the private angling component 

of the recreational sector (85 FR 6819, 

February 6, 2020). These amendments 

allocate a portion of the private angling 

ACL to each state, and each state is 

required to constrain landings to its 

allocation as part of state management. As described at 50 CFR 622.39(a)(2)(i), 

the Gulf red snapper recreational sector 

quota (ACL) is 7.399 million lb (3.356 

million kg) and the recreational private 

angling component quota (ACL) is 4.269 

million lb (1.936 million kg). The 

Louisiana regional management area 

private angling component ACL is 

816,233 lb (370,237 kg) (50 CFR 

622.23(a)(1)(ii)(C)) and the Florida 

regional management area private 

angling component ACL is 1,913,451 lb 

(867,927 kg) (50 CFR 622.23(a)(1)(ii)(B)). 

Regulations at 50 CFR 622.23(b) require 

that if a state’s red snapper private 

angling component landings exceed the 

applicable state’s component ACL, then 

in the following fishing year, that state’s 

private angling ACL will be reduced by 

the amount of that ACL overage in the 

prior fishing year. 

Based on data provided by the LDFW, 

NMFS has determined that landings of 

red snapper off Louisiana for the private 

angling component, which includes 

landings for state charter vessels, in 

2021 were 823,151 lb (373,375 kg); 

which is 6,918 lb (3,138 kg) greater than 

2021 Louisiana allocation of the private 

angling component ACL. Based on data 

provided by the FWC, NMFS has 

determined that landings of red snapper 

off Florida for the private angling 

component, which includes landings for 

state charter vessels, in 2021 were 

2,169,739 lb (984,177 kg); which is 

256,288 lb (116,250 kg) greater than 

2021 Florida allocation of the private 

angling component ACL. Accordingly, 

for the 2022 fishing year, this temporary 

rule reduces the Louisiana regional 

management area private angling 

component ACL for Gulf red snapper by 

the ACL overage amount of 6,918 lb 

(3,138 kg), which results in a revised 

2022 private angling ACL for Louisiana 

of 809,315 lb (367,099 kg). This 

temporary rule also reduces the Florida 

regional management area private 

angling component ACL for Gulf red 

snapper by the ACL overage amount of 

256,288 lb (116,250 kg), which results in 


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