31430 Federal Register / Vol. 87, No. 100 / Tuesday, May 24, 2022 / Rules and Regulations 

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 the EPA or an Indian 

tribe has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and it will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

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

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

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

804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by July 25, 2022. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this action for the purposes of 

judicial review nor does it extend the 

time within which a petition for judicial 

review may be filed and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: May 17, 2022. 

Casey Sixkiller, 

Regional Administrator, Region 10. 

For the reasons set forth in the 

preamble, 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 N—Idaho 

■ 2. In § 52.670, amend the table in 

paragraph (c) by revising entry ‘‘107’’ to 

read as follows: 

§ 52.670 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED IDAHO REGULATIONS AND STATUTES

State 

citation Title/subject 

State 

effective 

date 

EPA approval 

date Explanations 

Idaho Administrative Procedures Act (IDAPA) 58.01.01—Rules for the Control of Air Pollution in Idaho 

*******

107 .................... Incorporation by Reference ............ 6/17/2021 5/24/2022, [INSERT Federal Register CITATION].Except Section 107.03.f through 

107.03.p. 

* * * * * * * 

* * * * * 

[FR Doc. 2022–11055 Filed 5–23–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2022–0285; FRL–9645–02– 

R7] 

Air Plan Approval; Missouri; 

Restriction of Emissions Credit for 

Reduced Pollutant Concentrations 

From the Use of Dispersion 

Techniques 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the State 

Implementation Plan (SIP) for the State 

of Missouri submitted on January 30, 

2020. This final action amends the SIP 

by approving revisions to a state 

regulation that limits the use of 

dispersion techniques to meet ambient 

air quality standards in the vicinity of 

major sources of air pollution. These 

revisions to the state rule are a revised 

restructured version of the same rule. 

The revisions are administrative in 

nature and do not impact the stringency 

of the SIP or air quality. 

DATES: This final rule is effective on 

June 23, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2022–0285. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, i.e., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https:// 

www.regulations.gov or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional information. 

FOR FURTHER INFORMATION CONTACT: 

Steven Brown, Environmental 

Protection Agency, Region 7 Office, Air 

Quality Planning Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219; 

telephone number: (913) 551–7718; 

email address: brown.steven@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. What is being addressed in this document? 


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Federal Register / Vol. 87, No. 100 / Tuesday, May 24, 2022 / Rules and Regulations 31431 

1 62 FR 27968, May 22, 1997. 

II. Have the requirements for approval of a 

SIP revision been met? 

III. What action is the EPA taking? 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. What is being addressed in this 

document? 

The EPA is taking final action to 

approve a SIP revision submitted by the 

State of Missouri on January 30, 2020. 

Missouri requested that the EPA 

approve revisions to their SIP by 

replacing the existing rule, Title 10, 

Division 10 of the Code of State 

Regulations (CSR), (10 CSR 10–6.140) 

‘‘Restriction of Emissions Credit for 

Reduced Pollutant Concentrations from 

the Use of Dispersion Techniques’’, with 

a revised restructured version of the 

same rule. The state has revised this 

rule in order to incorporate the 

provisions of 40 CFR part 51, Appendix 

W-Guideline on Air Quality Models, 

add definitions specific to this rule, 

organize the rule into standard rule 

organizational format, and removes 

unnecessary words. After review and 

analysis of the revisions, the EPA 

concludes that these changes meet the 

requirements of the Clean Air Act and 

do not have adverse effects on air 

quality. The full text of these changes 

can be found in the State’s submission, 

which is included in the docket for this 

action. The EPA’s analysis of the 

revisions can be found in the technical 

support document (TSD), also included 

in the docket. 

The EPA proposed approval of the 

State’s January 30, 2020, SIP revision in 

a notice of proposed rulemaking 

(NPRM) published on March 25, 2022. 

(87 FR 17050) The EPA received no 

comments on our proposed rulemaking. 

II. Have the requirements for approval 

of a SIP revision been met? 

The State’s submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The submission also satisfied 

the completeness criteria of 40 CFR part 

51, appendix V. The State provided 

public notice on this SIP revision from 

June 3, 2019, to August 1, 2019, and 

received no comments. In addition, as 

explained above and in more detail in 

the state submittal document and EPA’s 

TSD, which is in the docket, the 

revision meets the substantive SIP 

requirements of the CAA, including 

section 110 and implementing 

regulations. 

III. What action is the EPA taking? 

The EPA proposed approval of the 

State’s January 30, 2020, SIP revision in 

a notice of proposed rulemaking 

(NPRM) published on March 25, 2022. 

(87 FR 17050) During the public 

comment period, which opened on 

March 25, 2022 and closed on April 25, 

2022, the EPA received no comments. 

Therefore, the EPA is taking final 

action to amend the Missouri SIP by 

approving the State’s request to revise 

10 CSR 10–6.140 ‘‘Restriction of 

Emissions Credit for Reduced Pollutant 

Concentrations from the Use of 

Dispersion Techniques.’’ Approval of 

these revisions ensures consistency 

between state and federally approved 

rules. The EPA has determined that 

these changes meet the requirements of 

the Clean Air Act and do not have a 

negative impact to air quality. 

IV. Incorporation by Reference 

In this document, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

Missouri Regulations described in 

Section I of this preamble and set forth 

below in the amendments to 40 CFR 

part 52. The EPA has made, and will 

continue to make, these materials 

generally available through 

www.regulations.gov and at the EPA 

Region 7 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by the EPA for inclusion in 

the State Implementation Plan, have 

been incorporated by reference by EPA 

into that plan, are fully federally 

enforceable under sections 110 and 113 

of the CAA as of the effective date of the 

final rulemaking of the EPA’s approval, 

and will be incorporated by reference in 

the next update to the SIP compilation.1

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act 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, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the CAA. Accordingly, 

this action merely approves state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

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

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of the 

National Technology Transfer and 

Advancement Act (NTTA) because this 

rulemaking does not involve technical 

standards; 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 the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

• This action is subject to the 

Congressional Review Act, and the EPA 

will submit a rule report to each House 

of the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

• Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by July 25, 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 


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31432 Federal Register / Vol. 87, No. 100 / Tuesday, May 24, 2022 / Rules and Regulations 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: May 17, 2022. 

Meghan A. McCollister, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as set forth below: 

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 AA—Missouri 

■ 2. In § 52.1320, the table in paragraph 

(c) is amended by revising the entry 

‘‘10–6.140’’ to read as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title 

State 

effective 

date 

EPA approval date Explanation 

Missouri Department of Natural Resources 

*******

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of 

Missouri 

*******

10–6.140 ........ Restriction of Emissions Credit for Reduced Pollutant 

Concentrations from the Use of Dispersion Techniques.

1/30/2020 5/24/2022, [insert Federal Register 

citation].

* * * * * * * 

* * * * * 

[FR Doc. 2022–10993 Filed 5–23–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 75 

RIN 0991–AC16 

Health and Human Services Grants 

Regulation 

AGENCY: Office of the Assistant 

Secretary for Financial Resources 

(ASFR), Health and Human Services 

(HHS or the Department). 

ACTION: Notification; postponement of 

effectiveness. 

SUMMARY: The U.S. District Court for the 

District of Columbia in Facing Foster 

Care et al. v. HHS, 21–cv–00308 (DDC 

Feb. 2, 2021), has postponed the 

effective date of portions of the final 

rule making amendments to the 

Uniform Administrative Requirements 

promulgated on January 12, 2021. 

DATES: Pursuant to court order, the 

effectiveness of the final rule published 

January 12, 2021, at 86 FR 2257, is 

postponed until June 1, 2022. See 

SUPPLEMENTARY INFORMATION for details. 

FOR FURTHER INFORMATION CONTACT: 

Johanna Nestor at Johanna.Nestor@

hhs.gov or 202–205–5904. 

SUPPLEMENTARY INFORMATION: On 

January 12, 2021 (86 FR 2257), the 

Department issued amendments to and 

repromulgated portions of the Uniform 

Administrative Requirements, 45 CFR 

part 75. That rule repromulgated 

provisions of part 75 that were 

originally published late in 2016. It also 

made amendments to 45 CFR 75.300(c) 

and (d). 

Specifically, the rule amended 

paragraph (c), which had stated, ‘‘It is a 

public policy requirement of HHS that 

no person otherwise eligible will be 

excluded from participation in, denied 

the benefits of, or subjected to 

discrimination in the administration of 

HHS programs and services based on 

non-merit factors such as age, disability, 

sex, race, color, national origin, religion, 

gender identity, or sexual orientation. 

Recipients must comply with this 

public policy requirement in the 

administration of programs supported 

by HHS awards. The rule amended 

paragraph (c) to state, ‘‘It is a public 

policy requirement of HHS that no 

person otherwise eligible will be 

excluded from participation in, denied 

the benefits of, or subjected to 

discrimination in the administration of 

HHS programs and services, to the 

extent doing so is prohibited by Federal 

statute.’’ 

Additionally, the rule amended 

paragraph (d), which had stated, ‘‘In 

accordance with the Supreme Court 

decisions in United States v. Windsor 

and in Obergefell v. Hodges, all 

recipients must treat as valid the 

marriages of same-sex couples. This 

does not apply to registered domestic 

partnerships, civil unions or similar 

formal relationships recognized under 

state law as something other than a 

marriage.’’ The rule amended paragraph 

(d) to state, ‘‘HHS will follow all 

applicable Supreme Court decisions in 

administering its award programs.’’ 

On February 2, 2021, the portions of 

rule-making amendments to § 75.300 

(and a conforming amendment at 

§ 75.101(f)) were challenged in the U.S. 

District Court for the District of 

Columbia. Facing Foster Care et al. v. 

HHS, 21–cv–00308 (D.D.C. filed Feb. 2, 

2021). On February 9, the court 

postponed, pursuant to 5 U.S.C. 705, the 


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