[Federal Register Volume 87, Number 94 (Monday, May 16, 2022)]
[Proposed Rules]
[Pages 29707-29710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10424]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 87, No. 94 / Monday, May 16, 2022 / Proposed 
Rules

[[Page 29707]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0145; FRL-9844-01-R4]


Air Plan Approval; Alabama; NOX SIP Call

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of Alabama, through the Alabama Department of Environmental 
Management (ADEM), in a letter dated October 18, 2021. The revision 
includes corrections to deficiencies to Alabama's regulation titled 
``NO<INF>X</INF> Budget Program Monitoring and Reporting'' (AL 
NO<INF>X</INF> SIP Call Monitoring Rule), which EPA previously 
conditionally approved into the SIP. Specifically, the AL 
NO<INF>X</INF> SIP Call Monitoring Rule establishes monitoring and 
reporting requirements for units subject to the nitrogen oxides 
(NO<INF>X</INF>) SIP Call, including alternative monitoring options for 
certain sources of NO<INF>X</INF>. EPA is also proposing to convert the 
conditional approval to a full approval. In addition, EPA is proposing 
to approve other minor changes into the SIP.

DATES: Comments must be received on or before June 15, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0145 at www.regulations.gov. Follow the online instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. EPA may publish any comment received to 
its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. 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. 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 www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Steven Scofield, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-9034. Mr. Scofield can also be reached via electronic mail at 
<a href="/cdn-cgi/l/email-protection#fe8d9d9198979b929ad08d8a9b889bbe9b8e9fd0999188"><span class="__cf_email__" data-cfemail="fb8898949d929e979fd5888f9e8d9ebb9e8b9ad59c948d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    Under Clean Air Act (CAA or Act) section 110(a)(2)(D)(i)(I), also 
called the good neighbor provision, states are required to address the 
interstate transport of air pollution. Specifically, the good neighbor 
provision requires that each state's implementation plan contain 
adequate provisions to prohibit air pollutant emissions from within the 
state that will significantly contribute to nonattainment of the 
national ambient air quality standards (NAAQS), or that will interfere 
with maintenance of the NAAQS, in any other state.
    In October 1998 (63 FR 57356), EPA finalized the ``Finding of 
Significant Contribution and Rulemaking for Certain States in the Ozone 
Transport Assessment Group Region for Purposes of Reducing Regional 
Transport of Ozone'' (NO<INF>X</INF> SIP Call). The NO<INF>X</INF> SIP 
Call required eastern states, including Alabama, to submit SIPs that 
prohibit excessive emissions of ozone season NO<INF>X</INF> by 
implementing statewide emissions budgets.\1\ The NO<INF>X</INF> SIP 
Call addressed the good neighbor provision for the 1979 ozone NAAQS and 
was designed to mitigate the impact of transported NO<INF>X</INF> 
emissions, one of the precursors of ozone.\2\ EPA developed the 
NO<INF>X</INF> Budget Trading Program, an allowance trading program 
that states could adopt to meet their obligations under the 
NO<INF>X</INF> SIP Call. This trading program allowed the following 
sources to participate in a regional cap and trade program: Generally, 
electricity generating units (EGUs) with capacity greater than 25 
megawatts (MW); and large industrial non-EGUs, such as boilers and 
combustion turbines, with a rated heat input greater than 250 million 
British thermal units per hour (MMBtu/hr). The NO<INF>X</INF> SIP Call 
also identified potential reductions from cement kilns and stationary 
internal combustion engines.
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    \1\ See 63 FR 57356 (October 27, 1998).
    \2\ As originally promulgated, the NO<INF>X</INF> SIP Call also 
addressed good neighbor obligations under the 1997 8-hour ozone 
NAAQS, but EPA subsequently stayed and later rescinded the rule's 
provisions with respect to that standard. See 65 FR 56245 (September 
18, 2000); 84 FR 8422 (March 8, 2019).
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    To comply with the NO<INF>X</INF> SIP Call requirements, in 2001, 
ADEM submitted a revision to add new rule sections to the SIP-approved 
version of Alabama Administrative Code Chapter 335-3-1, General 
Provisions, and Chapter 335-3-8, Control of Nitrogen Oxides Emissions. 
EPA approved the revision as compliant with Phase I of the 
NO<INF>X</INF> SIP Call in 2001. See 66 FR 36919 (July 16, 2001). The 
approved revision required EGUs and large non-EGUs in the State to 
participate in the NO<INF>X</INF> Budget Trading Program beginning in 
2004. In 2005, Alabama submitted, and EPA approved, a SIP revision to 
address additional emissions reductions required for the NO<INF>X</INF> 
SIP Call under Phase II. See 70 FR 76694 (December 28, 2005).
    In 2005, EPA published the Clean Air Interstate Rule (CAIR), which 
required several eastern states, including Alabama, to submit SIPs that 
prohibited emissions consistent with revised ozone season 
NO<INF>X</INF> budgets (as well as annual budgets for NO<INF>X</INF> 
and sulfur dioxide). See 70 FR 25162 (May 12, 2005); see also 71 FR 
25328 (April 28, 2006). CAIR addressed the good neighbor provision for 
the 1997 ozone NAAQS and 1997 fine particulate matter 
(PM<INF>2.5</INF>) NAAQS and was designed to mitigate the impact of 
transported NO<INF>X</INF> emissions with respect to ozone and 
PM<INF>2.5.</INF> CAIR established several trading programs that EPA 
implemented through federal implementation plans (FIPs) for EGUs

[[Page 29708]]

greater than 25 MW in each affected state, but not large non-EGUs; 
states could submit SIPs to replace the FIPs that achieved the required 
emission reductions from EGUs and/or other types of sources.\3\ When 
the CAIR trading program for ozone season NO<INF>X</INF> was 
implemented beginning in 2009, EPA discontinued administration of the 
NO<INF>X</INF> Budget Trading Program; however, the requirements of the 
NO<INF>X</INF> SIP Call continued to apply.
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    \3\ CAIR had separate trading programs for annual sulfur dioxide 
(SO<INF>2</INF>) emissions, seasonal NO<INF>X</INF> emissions, and 
annual NO<INF>X</INF> emissions.
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    On October 1, 2007 (72 FR 55659), EPA approved revisions to 
Alabama's SIP that incorporated requirements for CAIR. Consistent with 
CAIR's requirements, EPA approved a SIP revision in which Alabama 
regulations: (1) Sunset its NO<INF>X</INF> Budget Trading Program 
requirements, and (2) incorporated CAIR annual and ozone season 
NO<INF>X</INF> state trading programs. See 72 FR 55659. Participation 
of EGUs in the CAIR ozone season NO<INF>X</INF> trading program 
addressed the State's obligation under the NO<INF>X</INF> SIP Call for 
those units, and Alabama also chose to require non-EGUs subject to the 
NO<INF>X</INF> SIP Call to participate in the same CAIR trading 
program. In this manner, Alabama's CAIR rules incorporated into the SIP 
addressed the State's obligations under the NO<INF>X</INF> SIP Call 
with respect to both EGUs and non-EGUs.
    The United States Court of Appeals for the District of Columbia 
Circuit (D.C. Circuit) initially vacated CAIR in 2008, but ultimately 
remanded the rule to EPA without vacatur to preserve the environmental 
benefits provided by CAIR. See North Carolina v. EPA, 531 F.3d 896, 
modified on rehearing, 550 F.3d 1176 (D.C. Cir. 2008). The ruling 
allowed CAIR to remain in effect temporarily until a replacement rule 
consistent with the court's opinion was developed. While EPA worked on 
developing a replacement rule, the CAIR program continued to be 
implemented with the NO<INF>X</INF> annual and ozone season trading 
programs beginning in 2009 and the SO<INF>2</INF> annual trading 
program beginning in 2010.
    Following the D.C. Circuit's remand of CAIR, EPA promulgated the 
Cross-State Air Pollution Rule (CSAPR) to replace CAIR and address good 
neighbor obligations for the 1997 ozone NAAQS, the 1997 
PM<INF>2.5</INF> NAAQS, and the 2006 PM<INF>2.5</INF> NAAQS. See 76 FR 
48208 (August 8, 2011). Through FIPs, CSAPR required EGUs in eastern 
states, including Alabama, to meet annual and ozone season 
NO<INF>X</INF> emission budgets and annual SO<INF>2</INF> emission 
budgets implemented through new trading programs. Implementation of 
CSAPR began on January 1, 2015.\4\ CSAPR also contained provisions that 
would sunset CAIR-related obligations on a schedule coordinated with 
the implementation of the CSAPR compliance requirements. Participation 
by a state's EGUs in the CSAPR trading program for ozone season 
NO<INF>X</INF> generally addressed the state's obligation under the 
NO<INF>X</INF> SIP Call for EGUs. CSAPR did not initially contain 
provisions allowing states to incorporate large non-EGUs into that 
trading program to meet the requirements of the NO<INF>X</INF> SIP Call 
for non-EGUs. EPA also stopped administering CAIR trading programs with 
respect to emissions occurring after December 31, 2014.\5\
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    \4\ See 79 FR 71663 (December 3, 2014).
    \5\ See 79 FR 71663 (December 3, 2014) and 81 FR 13275 (March 
14, 2016).
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    To comply with CSAPR, Alabama adopted SO<INF>2</INF> and 
NO<INF>X</INF> CSAPR trading program rules, including budgets, in ADEM 
Administrative Code Chapters 335-3-5 and 335-3-8. On August 31, 2016, 
EPA approved Alabama's CSAPR annual SO<INF>2</INF> and annual 
NO<INF>X</INF> trading program rules into the SIP.\6\ See 81 FR 59869. 
Because EPA stopped administering the CAIR trading programs after 2014, 
the approved CAIR rules in Alabama's SIP have not been implemented for 
several years. Furthermore, ADEM repealed all CAIR and CAIR-related 
regulations from Alabama Administrative Code Chapters 335-3-1, 335-3-5, 
and 335-3-8 on December 9, 2011.\7\ Even though the CAIR programs were 
not being implemented in Alabama, ozone season NO<INF>X</INF> emissions 
have remained well below the NO<INF>X</INF> SIP Call budget levels.
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    \6\ In the 2016 action, EPA did not act on the portion of 
Alabama's SIP submittal intended to replace Alabama units' 
obligations to participate in CSAPR's federal trading program for 
ozone-season NO<INF>X</INF> emissions.
    \7\ Although CAIR-related regulations were repealed from ADEM 
Administrative Code on December 11, 2011, the repeal of the 
regulations was not effective until February 20, 2015. EPA removed 
the repealed regulations from the SIP, effective August 6, 2021. See 
86 FR 35610 (July 7, 2021).
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    After litigation that reached the Supreme Court, the D.C. Circuit 
generally upheld CSAPR but remanded several state budgets to EPA for 
reconsideration. EME Homer City Generation, L.P. v. EPA, 795 F.3d 118, 
129-30 (D.C. Cir. 2015). EPA addressed the remanded ozone season 
NO<INF>X</INF> budgets in the Cross-State Air Pollution Rule Update for 
the 2008 Ozone NAAQS (CSAPR Update), which also partially addressed 
eastern states' good neighbor obligations for the 2008 ozone NAAQS. See 
81 FR 74504 (October 26, 2016). The air quality modeling for the CSAPR 
Update demonstrated that Alabama contributes significantly to 
nonattainment and/or interferes with maintenance of the 2008 ozone 
NAAQS in other states. The CSAPR Update reestablished an option for 
most states to meet their ongoing obligations for non-EGUs under the 
NO<INF>X</INF> SIP Call by including the units in the CSAPR Update 
trading program.
    The CSAPR Update trading program replaced the original CSAPR 
trading program for ozone season NO<INF>X</INF> for most covered 
states. On October 6, 2017, EPA approved Alabama's CSAPR Update ozone 
season NO<INF>X</INF> trading program rules for EGUs into Alabama's 
SIP.\8\ See 82 FR 46674.\9\ Alabama's EGUs participate in the CSAPR 
Update trading program, generally also addressing the state's 
obligations under the NO<INF>X</INF> SIP Call for EGUs. However, 
Alabama elected not to include its large non-EGUs in the CSAPR Update 
ozone season trading program. Because Alabama's large non-EGUs no 
longer participate in any CSAPR or CSAPR Update trading program for 
ozone season NO<INF>X</INF> emissions, the NO<INF>X</INF> SIP Call 
regulations at 40 CFR 51.121(r)(2), as well as anti-backsliding 
provisions at 40 CFR 51.905(f) and 40 CFR 51.1105(e), require these 
non-EGUs to maintain compliance with NO<INF>X</INF> SIP Call 
requirements in some other way.
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    \8\ This action approved CSAPR and CSAPR Update-related 
provisions of Alabama SIP submissions dated October 26, 2015, and 
May 19, 2017.
    \9\ In subsequent litigation, the D.C. Circuit upheld the CSAPR 
Update in virtually all respects but remanded it because it was 
partial in nature and did not fully eliminate upwind states' 
significant contribution to nonattainment or interference with 
maintenance of the 2008 ozone NAAQS by ``the relevant downwind 
attainment deadlines'' in the CAA. Wisconsin v. EPA, 938 F.3d 303, 
313-15 (D.C. Cir. 2019). To address the remand, in 2021 EPA issued 
the Revised CSAPR Update, in which the Agency determined (among 
other things) that the requirements established for Alabama in the 
CSAPR Update did in fact constitute a full remedy for the state's 
good neighbor obligations with respect to the 2008 ozone NAAQS. 86 
FR 23054, 23054 (April. 30, 2021).
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    Under 40 CFR 51.121(f)(2) of the NO<INF>X</INF> SIP Call 
regulations, where a state's implementation plan contains control 
measures for EGUs and large non-EGU boilers and combustion turbines, 
the SIP must contain enforceable limits on the ozone season 
NO<INF>X</INF> mass emissions from these sources. In addition, under 40 
CFR 51.121(i)(4) of the NO<INF>X</INF> SIP Call regulations as 
originally promulgated, the SIP also had to require these sources to 
monitor emissions according to the provisions of 40 CFR part 75, which 
generally entails the use of continuous

[[Page 29709]]

emission monitoring systems (CEMS). Alabama triggered these 
requirements by including control measures in its SIP for these types 
of sources, and the requirements have remained in effect despite the 
discontinuation of the NO<INF>X</INF> Budget Trading Program after the 
2008 ozone season.
    On March 8, 2019, EPA revised some of the regulations that were 
originally promulgated in 1998 to implement the NO<INF>X</INF> SIP 
Call.\10\ The revision gave states covered by the NO<INF>X</INF> SIP 
Call greater flexibility concerning the form of the NO<INF>X</INF> 
emissions monitoring requirements that the states must include in their 
SIPs for certain emissions sources. The revision amended 40 CFR 
51.121(i)(4) to make part 75 monitoring, recordkeeping, and reporting 
optional, such that SIPs may establish alternative monitoring 
requirements for NO<INF>X</INF> SIP Call budget units that meet the 
general requirements of 40 CFR 51.121(f)(1) and (i)(1). Under the 
updated provision, a state's implementation plan still needs to include 
some form of emissions monitoring requirements for these types of 
sources, consistent with the NO<INF>X</INF> SIP Call's general 
enforceability and monitoring requirements at 40 CFR 51.121(f)(1) and 
(i)(1), respectively, but states are no longer required to satisfy 
these general NO<INF>X</INF> SIP Call requirements specifically through 
the adoption of 40 CFR part 75 monitoring requirements.
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    \10\ See ``Emissions Monitoring Provisions in State 
Implementation Plans Required Under the NO<INF>X</INF> SIP Call,'' 
84 FR 8422 (March 8, 2019).
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    Through a letter to EPA dated February 27, 2020, ADEM provided a 
SIP revision to incorporate changes to ADEM Administrative Code Chapter 
335-3-8 to include Rule 335-3-8-.71, ``NO<INF>X</INF> Budget Program,'' 
and Rule 335-3-8-.72, ``NO<INF>X</INF> Budget Program Monitoring and 
Reporting,'' to maintain state compliance with the federal 
NO<INF>X</INF> SIP Call regulations at 40 CFR 51.121 and 51.122, and to 
provide alternative monitoring options for certain large non-EGUs. 
Subsequently, on September 15, 2020, ADEM sent a letter requesting that 
EPA conditionally approve ADEM Rule 335-3-8-.72 and committing to 
provide a SIP revision to EPA by July 7, 2022 to address a deficiency 
related to misplacement of stack testing requirements within ADEM Rule 
335-3-8-.72(1).\11\ Based on the State's commitment to submit a SIP 
revision addressing the identified deficiency, EPA conditionally 
approved the February 27, 2017, submission. See 86 FR 35610.\12\
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    \11\ These stack testing requirements were mistakenly added to 
335-3-8-.72(1)(c), which allows sources to fulfill NO<INF>X</INF> 
SIP call monitoring requirements by operating a NO<INF>X</INF> CEMS 
outside of Part 75 requirements, instead of 335-3-8-.72(1)(d), which 
uses emissions factors.
    \12\ In the same action, EPA approved removal of the CAIR 
trading program, removal of the NO<INF>X</INF> Budget Trading 
Program rules, and the State's renumbering of the existing 
regulation titled ``New Combustion Sources'' from Rule 335-3-8-.14 
to Rule 335-3-8-.05.
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II. Why is EPA proposing this action?

    In accordance with its commitment letter, ADEM submitted a SIP 
revision on October 18, 2021,\13\ requesting that EPA approve into the 
SIP a revision that would correct the deficiency found in Rule 335-3-
8-.72 by moving the stack testing requirement from 335-3-8-.72(1)(c) to 
335-3-8-.72(1)(d) in order to satisfy the prior conditional approval. 
EPA is proposing to approve the October 18, 2021, SIP revision, as well 
as proposing to convert EPA's July 7, 2021, conditional approval to a 
full approval. In addition, EPA is proposing to approve other minor 
changes into the SIP which correct references to NO<INF>X</INF> mass 
emissions rather than NO<INF>X</INF> concentrations.
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    \13\ EPA notes that the October 18, 2021, submittal was received 
by EPA on October 20, 2021.
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III. Analysis of Alabama's Submission

    As discussed above, ADEM revised its regulations to include Rule 
335-3-8-.71, ``NO<INF>X</INF> Budget Program,'' and Rule 335-3-8-.72, 
``NO<INF>X</INF> Budget Program Monitoring and Reporting,'' which 
require non-EGUs to maintain compliance with NO<INF>X</INF> SIP Call 
requirements without participation in an interstate trading program. 
Through a letter to EPA dated February 27, 2020, ADEM provided a SIP 
revision to incorporate changes to ADEM Administrative Code Chapter 
335-3-8 to include Rule 335-3-8-.71, ``NO<INF>X</INF> Budget Program,'' 
and Rule 335-3-8-.72, ``NO<INF>X</INF> Budget Program Monitoring and 
Reporting,'' to maintain state compliance with the federal 
NO<INF>X</INF> SIP Call regulations at 40 CFR 51.121 and 51.122, and to 
provide alternative monitoring options for certain large non-EGUs. 
While ADEM Rule 335-3-8-.72 generally addressed the State's ongoing 
obligations under the NO<INF>X</INF> SIP Call, EPA identified one issue 
impacting monitoring under ADEM's rule. The version of Rule 335-3-72 
provided in the SIP revision contained an error regarding the placement 
of stack testing requirements. These stack testing requirements were 
meant to be added to 335-3-8-.72(1)(d), which uses emissions factors, 
but instead, were mistakenly added to 335-3-8-.72(1)(c), which allows 
sources to fulfill NO<INF>X</INF> SIP call monitoring requirements by 
operating a NO<INF>X</INF> CEMS outside of part 75 requirements. On 
September 15, 2020, \14\ ADEM sent a letter requesting that EPA 
conditionally approve ADEM Rule 335-3-8-.72 and committing to provide a 
SIP revision to EPA by July 7, 2022 to address the aforementioned 
deficiency by moving the stack testing requirements from 35-3-
8-.72(1)(c) to (d) In that letter, ADEM also committed to EPA that it 
would make a final submission to EPA within twelve (12) months of the 
grant of conditional approval of the February 27, 2020, submittal to 
correct this stack testing issue.
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    \14\ See ADEM's September 15, 2020, letter from Lance R. 
LeFleur, Director, to Mary S. Walker, Regional Administrator, US EPA 
Region 4, available in the docket for this proposed action.
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    On October 18, 2021, ADEM submitted a SIP revision, requesting that 
EPA approve into the SIP a revision that would correct the deficiency 
found in Rule 335-3-8-.72, ``NO<INF>X</INF> Budget Program Monitoring 
and Reporting,'' in order to satisfy the prior conditional approval. 
See 86 FR 35610 (July 7, 2021). In this revision, the stack testing 
requirement has been moved from Rule 335-3-8-.72(1)(c) to Rule 335-3-
8-.72(d). This change ensures that stack testing is performed at least 
once every five years, which is necessary to verify historical 
NO<INF>X</INF> concentration and flow rate factors used to compute 
NO<INF>X</INF> mass emissions at units utilizing the alterative 
monitoring option under 335-3-8-.72(1)(d). Additionally, ADEM revised 
an incorrect reference to calculating the ``NO<INF>X</INF> 
concentration'' to correctly refer to ``NO<INF>X</INF> mass emissions'' 
in two instances in Rule 335-3-8-.72(d). In that rule, ADEM intends for 
sources to calculate NO<INF>X</INF> mass emissions utilizing 
NO<INF>X</INF> concentrations.
    EPA is proposing to find that ADEM Rule 335-3-8-.72 meets the 
State's ongoing obligations under the NO<INF>X</INF> SIP Call with 
respect to monitoring to ensure compliance with required limitations, 
and that ADEM has addressed the previously identified deficiency. Thus, 
EPA is also proposing to convert the July 7, 2021, conditional approval 
of Alabama Rule 335-3-8-.72 to a full approval.

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Alabama Administrative Code Rule 335-3-8-.72, 
``NO<INF>X</INF> Budget Program Monitoring and Reporting,'' which 
establishes emission monitoring

[[Page 29710]]

requirements for units subject to the NO<INF>X</INF> SIP call, state 
effective December 13, 2021. EPA has made, and will continue to make, 
these materials generally available through www.regulations.gov and at 
the EPA Region 4 Office (please contact the person identified in the 
FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information).

V. Proposed Action

    EPA is proposing to approve Alabama's October 18, 2021, submission, 
which revises Alabama Rule 335-3-8-.72, ``NO<INF>X</INF> Budget Program 
Monitoring and Reporting'' to correct the stack testing requirement by 
moving it from 335-3-8-.72(1)(c) to 335-3-8-.72(1)(d) and correct 
language in 335-3-8-.72(d) to refer to NO<INF>X</INF> mass emissions. 
In addition, EPA is proposing to convert the July 7, 2021, conditional 
approval of Alabama Rule 335-3-8-.72 to a full approval. EPA requests 
comment on these proposals.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. See 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. This proposed action 
merely proposes to approve state law as meeting Federal requirements 
and does not impose additional requirements beyond those imposed by 
state law. For that reason, this proposed action:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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).
    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 as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements.

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

    Dated: May 10, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-10424 Filed 5-13-22; 8:45 am]
BILLING CODE 6560-50-P


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