42422 Federal Register / Vol. 87, No. 135 / Friday, July 15, 2022 / Proposed Rules 

Where: 

(Tailpipe CO2 Emissions on NHS)CY = total 

tailpipe CO2 emissions on the NHS in a 

calendar year (expressed in million 

metric tons (mmt), and rounded to the 

nearest hundredth); and 

(Tailpipe CO2 Emissions on NHS)reference year

= total tailpipe CO2 emissions on the 

NHS in calendar year 2021 (expressed in 

million metric tons (mmt), and rounded 

to the nearest hundredth). 

[FR Doc. 2022–14679 Filed 7–14–22; 8:45 am] 

BILLING CODE 4910–22–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0923; FRL–9882–01– 

R9] 

Air Plan Approval; California; Mojave 

Desert Air Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Mojave Desert Air 

Quality Management District 

(MDAQMD or ‘‘District’’) portion of the 

California State Implementation Plan 

(SIP). This revision concerns emissions 

of oxides of nitrogen (NOX) from 

Portland cement kilns. We are 

proposing to approve a local rule to 

regulate these emission sources under 

the Clean Air Act (CAA or the Act). We 

are taking comments on this proposal 

and plan to follow with a final action. 

DATES: Comments must be received on 

or before August 15, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2021–0923 at https://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

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, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. If you need 

assistance in a language other than 

English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Elijah Gordon, EPA Region IX, 75 

Hawthorne St. (AIR–3–2), San 

Francisco, CA 94105. By phone: (415) 

972–3158 or by email at gordon.elijah@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rule did the State submit? 

B. Are there other versions of this rule? 

C. What is the purpose of the rule revision? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. Public Comment and Proposed Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

Table 1 lists the rule addressed by this 

proposal with the dates that it was 

adopted by the local air agency and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULE

Local agency Rule # Rule title Amended Submitted 

MDAQMD ............................................ 1161 Portland Cement Kilns ....................................................... 01/22/2018 05/23/2018 

On November 23, 2018, pursuant to 

CAA section 110(k)(1)(B) and 40 CFR 

part 51, appendix V, the submittal for 

the MDAQMD Rule 1161 was deemed 

complete by operation of law. 

B. Are there other versions of this rule? 

We approved an earlier version of 

Rule 1161 into the SIP on February 27, 

2003 (68 FR 9015). The MDAQMD 

adopted revisions to the SIP-approved 

version on January 22, 2018, and CARB 

submitted them to us on May 23, 2018. 

If we take final action to approve the 

January 22, 2018 version of Rule 1161, 

this version will replace the previously 

approved version of the rule in the SIP. 

C. What is the purpose of the rule 

revision? 

Emissions of NOX contribute to the 

production of ground-level ozone, smog 

and particulate matter (PM), which 

harm human health and the 

environment. Section 110(a) of the CAA 

requires states to submit plans that 

provide for implementation, 

maintenance, and enforcement of the 

National Ambient Air Quality Standards 

(NAAQS). SIP-approved Rule 1161 

established NOX emission limits for 

Portland cement kilns within the 

District. 

On November 17, 2017 (82 FR 54309), 

the EPA proposed to conditionally 

approve the MDAQMD’s reasonably 

available control technology (RACT) 

demonstrations for the 1997 8-hour 

ozone NAAQS and the 2008 8-hour 

ozone NAAQS (referred to as the 2006 

and 2015 RACT SIPs) based on 

deficiencies in several rules. One of the 

rules noted was Rule 1161, which did 

not meet current RACT based on 

comparisons of NOX emission limits in 

ozone nonattainment areas located in 

other states deemed to meet or exceed 

RACT. The conditional approval, 

finalized on February 12, 2018 (83 FR 

5921), was based on commitments from 


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Federal Register / Vol. 87, No. 135 / Friday, July 15, 2022 / Proposed Rules 42423 

the MDAQMD to revise and submit 

amendments to Rule 1161 that would 

meet current RACT. Revisions to Rule 

1161, submitted to the EPA on May 23, 

2018, addressed this deficiency by 

establishing a more stringent NOX limit 

for Portland cement kilns. The EPA’s 

technical support document (TSD) has 

more information about this rule. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

Rules in the SIP must be enforceable 

(see CAA section 110(a)(2)), must not 

interfere with applicable requirements 

concerning attainment and reasonable 

further progress or other CAA 

requirements (see CAA section 110(l)), 

and must not modify certain SIP control 

requirements in nonattainment areas 

without ensuring equivalent or greater 

emissions reductions (see CAA section 

193). 

Generally, ozone nonattainment areas 

classified as Moderate or above (see 

CAA sections 182(b)(2) and 182(f)) are 

required to submit SIP revisions 

containing rules requiring RACT for 

each major source of NOX. The 

MDAQMD regulates an ozone 

nonattainment area classified as Severe15 for the 2008 8-hr ozone NAAQS (40 

CFR 81.305). Therefore, in order for the 

MDAQMD to fulfill the commitments in 

its 2006 and 2015 RACT SIP conditional 

approval commitment letter, this 

proposed rule must implement RACT. 

Guidance and policy documents that 

we used to evaluate enforceability, 

revision/relaxation, and rule stringency 

requirements for the applicable criteria 

pollutant include the following: 

1. ‘‘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). 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 (the 

Bluebook, revised January 11, 1990). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

4. ‘‘State Implementation Plans; 

Nitrogen Oxides Supplement to the 

General Preamble; Clean Air Act 

Amendments of 1990 Implementation of 

Title I; Proposed Rule,’’ (the NOX

Supplement), 57 FR 55620, November 

25, 1992. 

5. ‘‘NOX Emissions from Cement 

Manufacturing,’’ EPA–453/R–94–004, 

March 1994. 

6. ‘‘NOX Control Technologies for the 

Cement Industry: Final Report,’’ EPA 

457/R–00–002, September 2000. 

7. The Texas Commission on 

Environmental Quality in Section 

117.3110—Cement Kilns, Emissions 

Specifications, May 23, 2007. 

8. State Implementation Plans: 

Response to Petition for Rulemaking; 

Restatement and Update of EPA’s SSM 

Policy Applicable to SIPs; Findings of 

Substantial Inadequacy; and SIP Calls to 

Amend Provisions Applying to Excess 

Emissions During Periods of Startup, 

Shutdown and Malfunction,’’ 80 FR 

33839, June 12, 2015. 

9. ‘‘Guidance Memorandum: 

Withdrawal of the October 9, 2020, 

Memorandum Addressing Startup, 

Shutdown, and Malfunctions in State 

Implementation Plans and 

Implementation of the Prior Policy,’’ 

September 30, 2021. 

B. Does the rule meet the evaluation 

criteria? 

This proposed rule meets CAA 

requirements and is consistent with 

relevant guidance regarding 

enforceability, RACT, and SIP revisions. 

We find that the District has fulfilled the 

requirements in its commitment letter 

for the 2006 and 2015 RACT SIP 

conditional approval (83 FR 5921, 

February 12, 2018) to revise the rule by 

lowering the NOX emission limits for 

Portland cement kilns in order to meet 

current RACT. NOX emission limits 

during all periods not labeled Startup 

and Shutdown for Preheater-Precalciner 

Kilns are reduced from 6.4 to 2.8 

pounds per ton of clinker produced 

when averaged over any 30 consecutive 

day period, increasing the stringency of 

the rule. Additionally, provisions 

clearly laid out in Sections (F), (I), and 

(J) of the rule establish applicability 

criteria, monitoring, recordkeeping, and 

reporting that can be consistently 

evaluated to determine compliance. 

Startup and shutdown emissions limits 

(e.g., 17,616 pounds of NOX per day for 

Preheater-Precalciner Kilns 

manufactured by Allis Chalmers, whose 

construction was completed in 1982), 

duration time limits (i.e., 36 hours), and 

recordkeeping requirements are found 

in Rule 1161. These and other 

alternative emission limitations (AEL) 

provisions, consistent with our 2015 

SSM Policy (80 FR 33839, June 12, 

2015), are found in Sections (C) and (F). 

Finally, the retention of all produced 

and maintained on-site records 

increased from two years to five years, 

further enhancing the stringency of the 

rule. The TSD has more information on 

our evaluation. 

C. Public Comment and Proposed 

Action 

As authorized in section 110(k)(3) of 

the Act, the EPA proposes to fully 

approve the submitted proposed rule 

because it fulfills all relevant 

requirements. We will accept comments 

from the public on this proposal until 

August 15, 2022. If we take final action 

to approve the submitted proposed rule, 

our final action will incorporate this 

rule into the federally enforceable SIP. 

III. Incorporation by Reference 

In this proposed rule, the 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, the EPA is proposing to 

incorporate by reference MDAQMD 

Rule 1161, which regulates NOX

emission limits for Portland cement 

kilns, as listed in Table 1 of this 

preamble. The EPA has made, and will 

continue to make, these materials 

available through https://

www.regulations.gov and at the EPA 

Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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 Clean Air 

Act. Accordingly, 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 


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42424 Federal Register / Vol. 87, No. 135 / Friday, July 15, 2022 / Proposed Rules 

1 In infrastructure SIP submissions, states 

generally certify evidence of compliance with 

sections 110(a)(1) and (2) of the CAA through a 

combination of state regulations and statutes, some 

of which have been incorporated into the SIP. In 

addition, certain federally-approved, non-SIP 

regulations may also be appropriate for 

demonstrating compliance with sections 110(a)(1) 

and (2). 

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 Clean Air Act; 

and 

• Does not provide the EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, 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 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, Incorporation by 

reference, Nitrogen oxides, Ozone, 

Reporting and recordkeeping 

requirements. 

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

Dated: July 10, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2022–15130 Filed 7–14–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0947; FRL–9640–01– 

R4] 

Air Plan Approval; Mississippi; 

Infrastructure Requirements for the 

2015 8-Hour Ozone National Ambient 

Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

in part, and conditionally approve in 

part, a State Implementation Plan (SIP) 

submission provided by the State of 

Mississippi, through the Mississippi 

Department of Environmental Quality 

(MDEQ), through a letter dated January 

25, 2021. This proposal pertains to 

certain infrastructure requirements of 

the Clean Air Act (CAA or Act) for the 

2015 8-hour ozone national ambient air 

quality standards (NAAQS or 

standards). Whenever EPA promulgates 

a new or revised NAAQS, the CAA 

requires that each state adopt and 

submit a SIP for the implementation, 

maintenance, and enforcement of that 

NAAQS. The January 25, 2021, SIP 

submission addresses all infrastructure 

elements except for those pertaining to 

the contribution to nonattainment or 

interference with maintenance in other 

states. EPA is proposing to approve the 

January 25, 2021, SIP revision with the 

exception of the prevention of 

significant deterioration (PSD) 

infrastructure elements, the air quality 

modeling element, and the visibility 

protection element. EPA is proposing to 

conditionally approve the portions of 

the submittal related to the prevention 

of significant deterioration (PSD) 

infrastructure elements and the air 

quality modeling element. EPA will act 

on the visibility protection element in a 

separate rulemaking. 

DATES: Comments must be received on 

or before August 15, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2021–0947 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: 

Josue Ortiz Borrero, 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– 

8085. Mr. Ortiz Borrero can also be 

reached via electronic mail at 

ortizborrero.josue@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background and Overview 

II. What elements are required under 

Sections 110(a)(1) and 110(a)(2)? 

III. What is EPA’s approach to the review of 

infrastructure SIP submissions? 

IV. What is EPA’s analysis of how 

Mississippi addressed the elements of 

the section 110(a)(1) and (2) 

‘‘infrastructure’’ provisions? 

V. Proposed Action 

VI. Statutory and Executive Order Reviews 

I. Background and Overview 

On October 1, 2015, EPA promulgated 

a revised primary and secondary 

NAAQS for ozone, revising the 8-hour 

ozone standards from 0.075 parts per 

million (ppm) to a new more protective 

level of 0.070 ppm. See 80 FR 65292 

(October 26, 2015). Pursuant to section 

110(a)(1) of the CAA, states are required 

to submit SIP revisions meeting the 

applicable requirements of section 

110(a)(2) within three years after 

promulgation of a new or revised 

NAAQS or within such shorter period 

as EPA may prescribe. Section 110(a)(2) 

requires states to address basic SIP 

elements such as requirements for 

monitoring, basic program 

requirements, and legal authority that 

are designed to assure attainment and 

maintenance of the NAAQS. This 

particular type of SIP is commonly 

referred to as an ‘‘infrastructure SIP’’ or 

‘‘iSIP.’’ States were required to submit 

such SIP revisions for the 2015 8-hour 

ozone NAAQS to EPA no later than 

October 1, 2018.1

With the exception of the visibility 

protection provisions of section 

110(a)(2)(D)(i)(II), the prevention of 

significant deterioration (PSD) 

provisions related to major sources 

under sections 110(a)(2)(C), 


jspears on DSK121TN23PROD with PROPOSALS1