39036 Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Proposed Rules 

When submitting comments, persons 

must follow the procedures specified 

above in the sections titled DATES and 

ADDRESSES. Such requests must present 

particularized written objections to the 

proposed initial State Plan approval. 

Within 30 days of the close of the 

comment period, the Assistant Secretary 

will review all comments submitted and 

review all hearing requests. OSHA will 

hold the informal hearing if the 

Assistant Secretary finds that 

substantial objections have been filed. 

However, if, after reviewing the 

comments received during the written 

comment period, the Assistant Secretary 

finds that no substantial objections have 

been filed, then no informal public 

hearing will be held. 

VII. Determination 

The Assistant Secretary will, within a 

reasonable time after the close of the 

comment period or after the certification 

of the record if a hearing is held, 

publish a decision regarding initial 

approval of the Massachusetts State 

Plan in the Federal Register. All written 

and oral submissions, as well as other 

information gathered by OSHA, will be 

considered in any action taken. 

VIII. Regulatory Flexibility Act 

OSHA certifies pursuant to the 

Regulatory Flexibility Act of 1980 (5 

U.S.C. 601 et seq.) that the proposed 

initial approval of the Massachusetts 

State Plan will not have a significant 

economic impact on a substantial 

number of small entities. By its own 

terms, the Plan will have no effect on 

private sector employment and is 

limited to the State of Massachusetts 

and its political subdivisions. 

Compliance with State OSHA standards 

is required by State law; Federal 

approval of a State Plan imposes 

regulatory requirements only on the 

agency responsible for administering the 

State Plan. Accordingly, no new 

obligations would be placed on State 

and local Government employers as a 

result of Federal approval of the 

Massachusetts State Plan. The approval 

of a State Plan for State and local 

Government employers in 

Massachusetts is not a significant 

regulatory action as defined in 

Executive Order 12866. 

F. Federalism 

Executive Order 13132, ‘‘Federalism,’’ 

emphasizes consultation between 

Federal agencies and the States and 

establishes specific review procedures 

the Federal Government must follow as 

it carries out policies which affect State 

or local Governments. OSHA has 

consulted extensively with 

Massachusetts throughout the 

development, submission, and 

consideration of its proposed State Plan. 

Although OSHA has determined that 

the requirements and consultation 

procedures provided in Executive Order 

13132 are not applicable to initial 

approval decisions under the Act, 

which have no effect outside the 

particular State receiving the approval, 

OSHA has reviewed the proposed 

Massachusetts initial approval decision 

and believes it is consistent with the 

principles and criteria set forth in the 

Executive order. 

List of Subjects in 29 CFR Part 1952 

Approval, State Plans. 

Authority and Signature 

Douglas L. Parker, Assistant Secretary 

of Labor for Occupational Safety and 

Health, U.S. Department of Labor, 200 

Constitution Avenue NW, Washington, 

DC 20210, authorized the preparation of 

this notification. OSHA is issuing this 

notification under the authority 

specified by Section 18 of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 667), Secretary of 

Labor’s Order No. 8–2020 (85 FR 58393 

(Sept. 18, 2020)), and 29 CFR parts 1902 

and 1956. 

Signed in Washington, DC. 

Douglas L. Parker, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

For the reasons stated in the 

preamble, OSHA proposes to amend 29 

CFR part 1952 as follows: 

PART 1952—APPROVED STATE 

PLANS FOR ENFORCEMENT OF 

STATE STANDARDS 

■ 1. The authority citation for part 1952 

is revised to read as follows: 

Authority: Sec. 18, 84 Stat. 1608 (29 U.S.C. 

667); 29 CFR part 1902; Secretary of Labor’s 

Order No. 1–2012 (77 FR 3912, Jan. 25, 2012), 

or 8–2020 (85 FR 58393, Sept. 18, 2020), as 

applicable. 

Subpart B—List of Approved State 

Plans for State and Local Government 

Employees 

■ 2. Add § 1952.29 to read as follows: 

§ 1952.29 Massachusetts. 

(a) The Massachusetts State Plan for 

State and local Government employees 

received initial approval from the 

Assistant Secretary on [DATE OF FINAL 

DETERMINATION]. 

(b) The Plan further provides 

assurances of a fully trained, adequate 

staff within three years of plan approval, 

including 8 safety and 3 health 

compliance officers for enforcement 

inspections, and 2 safety and 1 health 

consultants to perform consultation 

services in the public sector. The State 

has assured that it will continue to 

provide a sufficient number of 

adequately trained and qualified 

personnel necessary for the enforcement 

of standards as required by 29 CFR 

1956.10. The State has also given 

satisfactory assurance of adequate 

funding to support the Plan. 

(c) The plan only covers State and 

local Government employers and 

employees within the State. For 

additional details about the plan, please 

visit https://www.osha.gov/dcsp/osp/ 

stateprogs/massachusetts.html. 

[FR Doc. 2022–13729 Filed 6–29–22; 8:45 am] 

BILLING CODE 4510–26–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2022–0186; FRL–9930–01– 

R8] 

Approval and Promulgation of 

Implementation Plans; State of Utah; 

Revisions to Utah Administrative 

Code: Environmental Quality; Title 

R307; Air Quality 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Utah Division of 

Administrative Rules (DAR) submitted 

by the State of Utah on May 21, 2020, 

May 28, 2020, November 3, 2020, and 

November 12, 2020. The revisions to the 

Utah Administrative Code address 

various State Implementation Plan (SIP) 

changes and updates. Specifically, we 

are proposing to make clerical updates 

to the General Requirements, Permits, 

and Emissions Inventory rules, 

including updating the effective date of 

various code of federal regulations 

(CFR) referenced. Additionally, we are 

proposing to approve changes to several 

Permits rules including adding new 

definitions, clarifying testing methods, 

and specifying an emissions limit for 

particulate matter 2.5 (PM2.5) for 

emissions impact analysis. We are also 

proposing to repeal and replace the 

Emissions Testing rule as well as 

approve a new rule related to abrasive 

blasting in particular matter 10 (PM10) 

nonattainment areas. The EPA is taking 

this action pursuant to the Clean Air Act 

(CAA). 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Proposed Rules 39037 

DATES: Written comments must be 

received on or before August 1, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2022–0186, to the Federal 

Rulemaking Portal: https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from 

www.regulations.gov. The 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. The 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 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. 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, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

electronically in www.regulations.gov. 

To reduce the risk of COVID–19 

transmission, for this action we do not 

plan to offer hard copy review of the 

docket. Please email or call the person 

listed in the FOR FURTHER INFORMATION

CONTACT section if you need to make 

alternative arrangements for access to 

the docket. 

FOR FURTHER INFORMATION CONTACT: 

Amanda Brimmer, Air and Radiation 

Division, EPA, Region 8, Mailcode 

8ARD–IO, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129, (303) 

312–6323, brimmer.amanda@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

I. Background 

Between May 21, 2020, and November 

12, 2020, the State of Utah submitted 

multiple SIP revisions for EPA approval 

including: revisions to R307–101 

changing the date of the referenced CFR 

from July 1, 2017 to July 1, 2019; 

correction to R307–150–1 rule number 

reference; repeal and replacement of 

R307–165 related to stack testing; 

addition of new section R307–306, 

related to abrasive blasting specifically 

in particulate matter (PM) 

nonattainment and maintenance areas; 

minor and major revisions to R307–401 

including additions of new definitions 

and specifying testing methods; clerical 

updates to R307–405, deleting CFR date 

of July 2018, and renumbering 

subsections; and clerical revisions to 

R307–410 including removing specific 

CFR dates and adding an emissions 

limit for PM2.5 to Table 1. The EPA is 

not proposing action at this time on 

submittals from May 21, 2020 for R307– 

401–16, from May 28, 2020 for parts of 

R307–150 and multiple state rules that 

fall under the R307–500 rule series, and 

from November 3, 2020, for R307–150, 

R307–210, R307–214, and R307–410–5. 

II. The EPA’s Evaluation 

Section 110(k) of the CAA addresses 

the EPA’s rulemaking action on SIP 

submissions by states. The CAA 

requires states to observe certain 

procedural requirements in developing 

SIP revisions for submittal to the EPA. 

Section 110(a)(2) of the CAA requires 

that each SIP revision be adopted after 

reasonable notice and public hearing. 

This must occur prior to the revision 

being submitted by a state to the EPA. 

Guidance and policy documents that 

were used to evaluate enforceability, 

revision/relaxation, and rule stringency 

requirements for the applicable criteria 

pollutants was the, ‘‘State 

Implementation Plans; General 

Preamble for the Implementation of 

Title I of the Clean Air Act Amendments 

of 1990,’’ 57 FR 13498 (April 16, 1992); 

57 FR 18070 (April 28, 1992). For 

clarity, EPA’s evaluation is broken out 

by rule number. 

R307–101: General Requirements 

On November 3, 2020, the EPA 

received a submission from the State of 

Utah for R307–101–3, General 

Requirements: Version of Code of 

Federal Regulations Incorporated by 

Reference, which is the general version 

of the CFR incorporation which applies 

throughout Utah’s R307 rule series, 

unless otherwise specified in a specific 

rule. The revision updated the 

referenced effective date of relevant 40 

CFR references from July 1, 2017, to July 

1, 2019. States periodically update their 

SIPs to incorporate by reference the 

most current 40 CFR to correlate 

environmental regulations. This rule, as 

submitted by the State, does not cover 

rules that specify their own date for the 

version of the CFR that are incorporated 

by reference. On July 10, 2020 (85 FR 

41398), we previously acted on R307– 

101–3, updating the CFR reference date 

and received no comments. 

On March 4, 2020, the Utah Air 

Quality Board approved for public 

comment revisions for rule R307–101–3. 

The state public comment period ran 

from April 1 to May 4, 2020. A public 

hearing was not requested and no 

comments were received. The effective 

date of this rule was June 4, 2020. EPA 

is proposing to approve this revision. 

R307–150: Emissions Inventories 

On May 28, 2020, the EPA received a 

submission from the State of Utah for 

R307–150, Emission Inventories, section 

1, which fixes an erroneous reference 

that should have been to R307. This 

revision did go through public comment 

October 1–November 15, 2017, and 

received no comments. It went into 

effect March 5, 2018. 

R307–165: Emissions Testing 

On November 3, 2020, the EPA 

received a submission from the State of 

Utah for R307–165, Stack Testing, 

sections 1 through 6. Due to the 

multitude of changes, the State decided 

to repeal R307–165, Emission Testing 

and replace it with all new text as 

R307–165. Stack Testing. The 

replacement text outlines the 

requirements for notifying, conducting, 

and reporting stack tests to Utah 

Division of Air Quality (UDAQ) and 

aligns the rule with federal 

requirements. The revisions also aligned 

the rule with State rule formatting and 

make clerical revisions for general 

clarity which strengthens the SIP. 

On March 4, 2020, the Utah Air 

Quality Board approved for public 

comment revisions for rule R307–165. 

The state public comment period ran 

from April 1 to May 4, 2020. A public 

hearing was not requested and no 

comments were received. The effective 

date of this rule was August 10, 2020. 

EPA is proposing to approve these 

revisions. 

R307–306: PM10 Nonattainment and 

Maintenance Areas: Abrasive Blasting 

On November 12, 2020, the EPA 

received a submission from the State of 

Utah for R307–306, PM10 Nonattainment 

and Maintenance Areas: Abrasive 

Blasting, sections 1 through 7. The new 

rule was based on language in Utah state 

rule R307–206, Emission Standards: 

Abrasive Blasting, previously approved 


jspears on DSK121TN23PROD with PROPOSALS1
39038 Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Proposed Rules 

1See 71 FR 7679, 2/14/06. 

2 In 2006, EPA adopted newer testing methods 

which are virtually identical to EPA’s Method 9 

(found in 40 CFR part 60, appendix A), except for 

the data-reduction procedures, which provide for 

averaging times other than 6 minutes. Therefore, 

using Method 203A (found in 40 CFR part 51, 

appendix M), with a 6-minute averaging time would 

be the same as following EPA Method 9. 

3This revision precedes a previous SIP action by 

EPA (See 86 FR 28493, 5/27/2021), which added a 

subsequent subsection (6), thus subsection (6) is 

being reaffirmed in this action. 

4The State of Utah intends to correct the 

requested action on R307–150, R307–210, R307– 

by EPA in 2006,1 with the addition of 

a few sections and renumbering for 

consistency with State rule formatting. 

The new rule applies specifically to 

PM10 nonattainment and maintenance 

areas, being effective 180 days after the 

area is officially designated a 

nonattainment area for PM10 by the 

EPA. Additionally, section R307–306–4 

and R307–306–5 were strengthened 

from prior R307–206 text, with the 

standard for opacity being tightened 

from 40% to 20% and adding that 

visible emissions shall be measured 

using EPA Method 9. Additionally, 

section R307–306–3 added reference to 

Utah’s SIP Section IX, Part H for clarity. 

On March 9, 2005, the Utah Air 

Quality Board approved for public 

comment revisions for R307–306. The 

public comment period for was from 

March 1 to April 2, 2005. In response to 

public comment, clarifications were 

made to Rule R307–306, but no 

significant changes were made. 

Additional comments were accepted 

August 1 to September 2, 2005, on these 

minor revisions. No additional 

comments were received and the rule 

became effective September 2, 2005. 

EPA is proposing to approve these 

revisions, including use of Method 9 as 

an acceptable method under 40 CFR 

part 51 Appendix M—Recommended 

Test Methods for State Implementation 

Plans.2

R307–401: Permits: New and Modified 

On May 21, 2020, and May 28, 2020, 

the EPA received submissions from the 

State of Utah for R307–401, Permit: New 

and Modified Sources. The May 28, 

2020 revisions were primarily clerical in 

nature, updating section references, and 

renumbering or removing numbers as 

necessary, with a few substantive 

changes . Section R307–401–2 removed 

subsection (1) and added clarifying 

references. Sections R307–401–4 

through R307–401–6 and R307–401–9 

had clerical revisions and updated 

section references. Section R307–401– 

10 added subsection (5) which included 

a definition for ‘‘well site,’’ as defined 

in 40 CFR 60.5430a, to exempted source 

categories, and a later update added 

‘‘centralized tank batteries’’ for 

clarification of the section.3 Rule R307– 

401–11 includes a clerical update to 

subsection (1)(c) changing 

’contaminants’ to ’pollutants.’ Section 

R307–401–14 through R307–401–16 

included updated section references. 

The May 21, 2020 submission had 

more substantive revisions, including 

adding definitions to R307–401–2 for 

‘‘air strippers,’’ ‘‘soil aeration,’’ ‘‘soil 

vapor extraction,’’ and ‘‘vapor 

mitigation system (VMS).’’ R307–401– 

10 was amended to include the addition 

of a new subsection (7) related to the 

exemption of ‘‘vapor mitigation 

systems,’’ which exempts these systems 

from the New Source Review (NSR) 

permitting process and from the 

requirements of R307–401–15. Section 

R307–401–15 revisions updated the 

section title to include ’vapor extraction’ 

and added much clarifying text related 

to air strippers and soil vapor extraction 

including testing and sampling 

procedures and reporting requirements. 

On August 6, 2017 and September 7, 

2019, the Utah Air Quality Board 

approved a public comment period for 

rule R307–401, Permit: New and 

Modified Sources. Public comment was 

taken October 1 through November 15, 

2017 and September 1–30, 2019, 

respectively. The 2017 revision to 

R307–401–10 was updated based on 

received public comment. Revisions 

went into effect March 5, 2018, and 

March 5, 2020, respectively. EPA is 

proposing to approve these revisions. 

R307–405: Permits: Major Sources in 

Attainment or Unclassified Areas (PSD) 

On November 3, 2020, the EPA 

received a submission from the State of 

Utah for R307–405–2, Permits: Major 

Sources in Attainment or Unclassified 

Areas (PSD), which streamlines the 

process for future rulemaking, making 

individual amendments to this rule no 

longer necessary to update their CFR 

incorporation, as the effected CFR date 

now falls under R307–101–3. On March 

4, 2020, the Utah Air Quality Board 

approved this revision for public 

comment, which ran from April 1 to 

May 4, 2020. A public hearing was not 

requested and no comments were 

received. The effective date of this rule 

was June 4, 2020. EPA is proposing to 

approve this revision. 

R307–410: Permits: Emissions Impact 

Analysis 

On November 3, 2020, the EPA 

received a submission from the State of 

Utah for R307- R307–410 Permit: 

Emission Impact Analysis, for sections 3 

and 4. Revisions to R307–410–3 is a 

clerical update, removing the effective 

date of 40 CFR part 51, appendix. W. 

Revisions to R307–410–4 updates Table 

1 which adds a PM2.5 significant 

emission rate (SER) modeling threshold 

of 10 tons per year (tpy) for direct 

emissions of major and minor sources in 

attainment areas established in 40 CFR 

51.166(b)(23). This specific addition 

was done by the State in anticipation of 

an attainment designation of their PM2.5

nonattainment areas. 

Although SERs are used for PSD 

applicability purposes, the State of Utah 

also uses SERs as the modeling 

threshold for both major and minor 

sources. When an area is designated 

attainment, modeling is an important 

part of the NSR program to ensure that 

a modification or new source will not 

cause or contribute to a violation of the 

National Ambient Air Quality Standard 

(NAAQS). Therefore, the State of Utah 

intends to ensure, through this rule 

revision, that appropriate requirements 

are established for evaluating the impact 

of new or modified sources upon 

anticipated redesignation of Utah’s 

PM2.5 nonattainment areas. In addition, 

this revision corrects the terminology 

for the non-fugitive PM10 modeling 

threshold; specifically, the term ‘‘nonfugitive dust,’’ which is not defined in 

the Utah administrative rules and is 

technically incorrect. 

On March 4, 2020, the Utah Air 

Quality Board approved for public 

comment revisions for rule R307–410–3, 

which ran from April 1 to May 4, 2020. 

A public hearing was not requested and 

no comments were received. The 

effective date of this rule was June 4, 

2020. Additionally, on May 6, 2020, the 

Utah Air Quality Board approved for 

public comment revisions to Rule R307– 

410–4, which ran from June 1 to July 2, 

2020. No public comments were 

received nor was a public hearing 

requested and this rule became effective 

August 6, 2020. EPA is proposing to 

approve both revisions. 

The following rules were submitted to 

the EPA; however, we are not acting on 

the revisions within this proposed 

action. We are not proposing to act on 

the State of Utah’s rule revision 

submitted on May 21, 2020, to R307– 

401–16. We are also not proposing 

action on the May 28, 2020, submittal 

for R307–150–3, R307–150–9, nor any of 

the R307–500 series rules as there is 

currently not a requirement for the 

Uinta Basin Marginal Nonattainment 

Area to submit a SIP revision for EPA 

approval under CAA Part D section 

182(a).4 Additionally, we are not 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Proposed Rules 39039 

214, R307–410–5, and R307–500 series rules 

through withdraw of these submittals. 

5See Delegations of Authority for NSPS and 

NESHAP Standards to States and Tribes in Region 

8, https://www.epa.gov/air-quality-implementationplans/delegations-authority-nsps-and-neshapstandards-states-and-tribes. 

proposing to act on the November 3, 

2020, submittal related to revisions of 

R307–150–3 and R307–150–9, nor are 

we approving R307–210, R307–214, nor 

R307–410–5, because authority for these 

rules has already been delegated to the 

State of Utah.5 EPA is working with the 

State of Utah to correct these rules, 

which will be acted on at some future 

date as applicable. 

III. Proposed Action 

Based on the above discussion, EPA 

finds that the proposed revisions to 

R307–101, R307–150, R307–401, R307– 

405, and R307–410 as well new rule 

R307–306, and the repeal and 

replacement of R307–165 would not 

interfere with attainment or 

maintenance of any of the NAAQS in 

the State of Utah and would not 

interfere with any other applicable 

requirement of the CAA and thus is 

approvable under CAA 110(a)(2)(C), 40 

CFR 51.160–164 and CAA section 

110(l). Specifically, we are proposing to 

approve the State of Utah’s rule revision 

submitted on May 21, 2020, to R307– 

401–2, R307–401–10, and R307–401–15. 

Additionally, we are proposing to 

approve the State of Utah’s rule revision 

submitted on May 28, 2020, to R307– 

150–1, R307–401–2, R307–401–4 

through R307–401–6, R307–401–9 

through R307–401–11, R307–401–14 

through R307–401–16. Additionally, we 

are proposing to approve the State of 

Utah’s rule revision submitted on 

November 3, 2020, to R307–101–3, 

R307–165 sections 1 through 6, R307– 

405–2, R307–410–3, and R307–410–4. 

Furthermore, we are proposing to 

approve the State of Utah’s rule revision 

submitted on November 12, 2020, to 

include new rule R307–306, sections 1 

through 7 into the SIP. 

IV. Incorporation by Reference 

In this document, the EPA is 

proposing to include regulatory text in 

an EPA final rule that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference the UDAQ 

rules discussed in section I. The EPA 

has made, and will continue to make, 

these materials generally available 

through www.regulations.gov (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

V. 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 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 action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

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

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the proposed 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). 

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. 

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

Dated: June 26, 2022. 

KC Becker, 

Regional Administrator, Region 8. 

[FR Doc. 2022–14050 Filed 6–29–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 40 

[Docket DOT–OST–2022–0037] 

Department of Transportation Drug 

and Alcohol Testing Data 

AGENCY: Office of the Secretary, 

Transportation (DOT). 

ACTION: Request for information. 

SUMMARY: In March 2021, the 

Government Accountability Office 

(GAO) published a report titled ‘‘DOT 

Has Taken Steps to Verify and Publicize 

Drug and Alcohol Testing Data but 

Should Do More.’’ The report examines 

how the Department of Transportation 

(DOT) uses drug and alcohol testing 

data, how DOT verifies that data are 

reliable, and whether DOT follows key 

actions for transparently reporting drug 

and alcohol testing data. The drug and 

alcohol testing data are primarily used 

by the DOT modal administrations and 

the United States Coast Guard (USCG) to 

determine the random testing rate(s) for 

safety-sensitive employees in each 

industry each year. In response to a 

recommendation from the GAO Report, 

DOT requests information from 

potential users in the public to 

determine if there is a broader audience 

for the public data, consistent with key 

actions for open government data. 

DATES: Comments on this notice must be 

received on or before August 1, 2022. 

ADDRESSES: You may submit comments 

identified by Docket Number DOT– 

OST–2022–0037 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov/docket/ 


jspears on DSK121TN23PROD with PROPOSALS1