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.

Proposed Rules Federal Register

29707 

Vol. 87, No. 94 

Monday, May 16, 2022 

1See 63 FR 57356 (October 27, 1998). 

2As originally promulgated, the NOX 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stayed and later rescinded the rule’s provisions 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). 

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. 

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 ‘‘NOX Budget Program 

Monitoring and Reporting’’ (AL NOX

SIP Call Monitoring Rule), which EPA 

previously conditionally approved into 

the SIP. Specifically, the AL NOX SIP 

Call Monitoring Rule establishes 

monitoring and reporting requirements 

for units subject to the nitrogen oxides 

(NOX) SIP Call, including alternative 

monitoring options for certain sources 

of NOX. 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/commentingepa-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 scofield.steve@

epa.gov. 

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’’ (NOX SIP Call). The NOX SIP 

Call required eastern states, including 

Alabama, to submit SIPs that prohibit 

excessive emissions of ozone season 

NOX by implementing statewide 

emissions budgets.1 The NOX SIP Call 

addressed the good neighbor provision 

for the 1979 ozone NAAQS and was 

designed to mitigate the impact of 

transported NOX emissions, one of the 

precursors of ozone.2 EPA developed 

the NOX Budget Trading Program, an 

allowance trading program that states 

could adopt to meet their obligations 

under the NOX 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 NOX SIP Call also identified 

potential reductions from cement kilns 

and stationary internal combustion 

engines. 

To comply with the NOX 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 NOX

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 NOX

Budget Trading Program beginning in 

2004. In 2005, Alabama submitted, and 

EPA approved, a SIP revision to address 

additional emissions reductions 

required for the NOX 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 NOX budgets (as well as annual 

budgets for NOX 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 (PM2.5) NAAQS 

and was designed to mitigate the impact 

of transported NOX emissions with 

respect to ozone and PM2.5. CAIR 

established several trading programs 

that EPA implemented through federal 

implementation plans (FIPs) for EGUs 


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3CAIR had separate trading programs for annual 

sulfur dioxide (SO2) emissions, seasonal NOX

emissions, and annual NOX emissions. 

4See 79 FR 71663 (December 3, 2014). 

5See 79 FR 71663 (December 3, 2014) and 81 FR 

13275 (March 14, 2016). 

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 

NOX emissions. 

7Although 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). 

8This 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). 

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 NOX

was implemented beginning in 2009, 

EPA discontinued administration of the 

NOX Budget Trading Program; however, 

the requirements of the NOX SIP Call 

continued to apply. 

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 NOX Budget Trading 

Program requirements, and (2) 

incorporated CAIR annual and ozone 

season NOX state trading programs. See 

72 FR 55659. Participation of EGUs in 

the CAIR ozone season NOX trading 

program addressed the State’s obligation 

under the NOX SIP Call for those units, 

and Alabama also chose to require nonEGUs subject to the NOX 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 NOX 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 NOX annual and ozone season 

trading programs beginning in 2009 and 

the SO2 annual trading program 

beginning in 2010. 

Following the D.C. Circuit’s remand 

of CAIR, EPA promulgated the CrossState Air Pollution Rule (CSAPR) to 

replace CAIR and address good neighbor 

obligations for the 1997 ozone NAAQS, 

the 1997 PM2.5 NAAQS, and the 2006 

PM2.5 NAAQS. See 76 FR 48208 (August 

8, 2011). Through FIPs, CSAPR required 

EGUs in eastern states, including 

Alabama, to meet annual and ozone 

season NOX emission budgets and 

annual SO2 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 NOX generally addressed the 

state’s obligation under the NOX 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 NOX SIP Call for 

non-EGUs. EPA also stopped 

administering CAIR trading programs 

with respect to emissions occurring after 

December 31, 2014.5

To comply with CSAPR, Alabama 

adopted SO2 and NOX 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 SO2 and annual NOX 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 

NOX emissions have remained well 

below the NOX SIP Call budget levels. 

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 NOX

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 NOX 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 NOX for most 

covered states. On October 6, 2017, EPA 

approved Alabama’s CSAPR Update 

ozone season NOX 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 NOX 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 nonEGUs no longer participate in any 

CSAPR or CSAPR Update trading 

program for ozone season NOX

emissions, the NOX SIP Call regulations 

at 40 CFR 51.121(r)(2), as well as antibacksliding provisions at 40 CFR 

51.905(f) and 40 CFR 51.1105(e), require 

these non-EGUs to maintain compliance 

with NOX SIP Call requirements in some 

other way. 

Under 40 CFR 51.121(f)(2) of the NOX

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 NOX mass emissions from 

these sources. In addition, under 40 CFR 

51.121(i)(4) of the NOX 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 


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10See ‘‘Emissions Monitoring Provisions in State 

Implementation Plans Required Under the NOX SIP 

Call,’’ 84 FR 8422 (March 8, 2019). 

11These stack testing requirements were 

mistakenly added to 335–3–8–.72(1)(c), which 

allows sources to fulfill NOX SIP call monitoring 

requirements by operating a NOX 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 NOX

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. 

13EPA notes that the October 18, 2021, submittal 

was received by EPA on October 20, 2021. 

14See 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. 

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 NOX

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 

NOX SIP Call.10 The revision gave states 

covered by the NOX SIP Call greater 

flexibility concerning the form of the 

NOX 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 NOX 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 NOX 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 NOX SIP Call requirements 

specifically through the adoption of 40 

CFR part 75 monitoring requirements. 

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, 

‘‘NOX Budget Program,’’ and Rule 335– 

3–8–.72, ‘‘NOX Budget Program 

Monitoring and Reporting,’’ to maintain 

state compliance with the federal NOX

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

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 NOX

mass emissions rather than NOX

concentrations. 

III. Analysis of Alabama’s Submission 

As discussed above, ADEM revised its 

regulations to include Rule 335–3–8– 

.71, ‘‘NOX Budget Program,’’ and Rule 

335–3–8–.72, ‘‘NOX Budget Program 

Monitoring and Reporting,’’ which 

require non-EGUs to maintain 

compliance with NOX 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, ‘‘NOX

Budget Program,’’ and Rule 335–3–8– 

.72, ‘‘NOX Budget Program Monitoring 

and Reporting,’’ to maintain state 

compliance with the federal NOX 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 NOX 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 NOX SIP 

call monitoring requirements by 

operating a NOX 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. 

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, ‘‘NOX 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 NOX concentration and flow 

rate factors used to compute NOX 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 ‘‘NOX concentration’’ to 

correctly refer to ‘‘NOX mass emissions’’ 

in two instances in Rule 335–3–8– 

.72(d). In that rule, ADEM intends for 

sources to calculate NOX mass 

emissions utilizing NOX concentrations. 

EPA is proposing to find that ADEM 

Rule 335–3–8–.72 meets the State’s 

ongoing obligations under the NOX 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, ‘‘NOX Budget Program 

Monitoring and Reporting,’’ which 

establishes emission monitoring 


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requirements for units subject to the 

NOX 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, ‘‘NOX 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 NOX 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: 

• 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). 

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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2002–0049; FRL–8150–02– 

OAR] 

RIN 2060–AU96 

Standards of Performance for Steel 

Plants: Electric Arc Furnaces 

Constructed After 10/21/74 & On or 

Before 8/17/83; Standards of 

Performance for Steel Plants: Electric 

Arc Furnaces & Argon-Oxygen 

Decarburization Constructed After 

8/17/83 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; amendments. 

SUMMARY: In this action, the EPA is 

proposing new and revised standards of 

performance for electric arc furnaces 

(EAF) and argon-oxygen decarburization 

(AOD) vessels in the steel industry. The 

EPA is proposing that EAF facilities that 

begin construction, reconstruction or 

modification after May 16, 2022 would 

need to comply with a particulate 

matter (PM) standard in the format of 

facility-wide PM emitted per amount of 

steel produced and a melt shop opacity 

limit of zero. The proposal would limit 

emissions of PM and opacity from new, 

modified, or reconstructed EAF and 

AOD vessels. In addition, we are 

proposing that all emission limits apply 

at all times; periodic compliance testing 

at least once every 5 years; and 

electronic reporting. In this action, the 

EPA also is proposing amendments for 

certain provisions in the current new 

source performance standards (NSPS) 

that apply to EAF constructed after 

October 21, 1974, and on or before 

August 17, 1983, and EAF and AOD 

vessels constructed after August 17, 

1983, and before May 16, 2022 to clarify 

and refine the current provisions. 

DATES: 

Comments. Comments must be 

received on or before July 15, 2022. 

Under the Paperwork Reduction Act 

(PRA), comments on the information 

collection provisions are best assured of 

consideration if the Office of 

Management and Budget (OMB) 

receives a copy of your comments on or 

before June 15, 2022. 

Public Hearing. If anyone contacts us 

requesting a public hearing on or before 

May 23, 2022, we will hold a virtual 

hearing. See SUPPLEMENTARY

INFORMATION for information on 

requesting and registering for a public 

hearing. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2002–0049, by any of the 

following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov/ (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Email: a-and-r-docket@epa.gov. 

Include Docket ID No. EPA–HQ–OAR– 

2002–0049 in the subject line of the 

message. 

• Fax: (202) 566–9744. Attention 

Docket ID No. EPA–HQ–OAR–2002– 

0049. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Docket ID No. EPA–HQ–OAR–2002– 

0049, Mail Code 28221T, 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460. 

• Hand/Courier Delivery: EPA Docket 

Center, WJC West Building, Room 3334, 

1301 Constitution Avenue NW, 

Washington, DC 20004. The Docket 


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