Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Rules and Regulations 41061 

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stayed and later rescinded the rule’s provisions 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). 

3CAIR had separate trading programs for annual 

sulfur dioxide (SO2) emissions, seasonal NOX

emissions, and annual NOX emissions. 

Dated: July 5, 2022. 

K.K. Denning, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector New Orleans. 

[FR Doc. 2022–14695 Filed 7–8–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2022–0145; FRL–9844–02– 

R4] 

Air Plan Approval; Alabama; NOX SIP 

Call 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action 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 taking final action 

to convert the conditional approval to a 

full approval. In addition, EPA is 

approving other minor changes into the 

SIP. 

DATES: This rule is effective August 10, 

2022. 

ADDRESSES: All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information 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 either electronically through 

www.regulations.gov or in hard copy at 

the 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. EPA requests that 

if at all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday 8:30 a.m. to 4:30 p.m., 

excluding Federal holidays. 

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. 

On October 27, 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 

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 


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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). 

10See ‘‘Emissions Monitoring Provisions in State 

Implementation Plans Required Under the NOX SIP 

Call,’’ 84 FR 8422 (March 8, 2019). 

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 

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 


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Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Rules and Regulations 41063 

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 submission was received by 

the Regional Office on October 20, 2021. However, 

for clarity, this document refers to the letter date of 

October 18, 2021. 14See 62 FR 27968 (May 22, 1997). 

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 

Alabama’s 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 

the State’s 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 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 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, 2020, submission on July 

7, 2021. See 86 FR 35610.12

In accordance with EPA’s conditional 

approval and ADEM’s commitment, the 

State submitted a SIP revision on 

October 18, 2021.13 The submission 

corrects the deficiency in Rule 335–3– 

8–.72(1) and requests EPA to convert the 

previous conditional approval into a full 

approval. As proposed through a notice 

of proposed rulemaking (NPRM) 

published on May 16, 2022, EPA is 

approving the October 18, 2021, 

revision to the Alabama SIP and 

converting the conditional approval to a 

full approval of ADEM’s Rule 335–3–8– 

.72. For a comprehensive discussion of 

EPA’s analysis and rationale for 

approving the State’s submittal, please 

refer to EPA’s May 16, 2022, NPRM. See 

87 FR 29707 (May 16, 2022). Comments 

on the May 16, 2022, NPRM were due 

on or before June 15, 2022. EPA 

received one comment on that proposal, 

and it supports EPA’s proposed action. 

II. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, and as discussed in Section 

I of this preamble, EPA is finalizing the 

incorporation by reference of Alabama’s 

Administrative Code Rule 335–3–8–.72, 

NOX Budget Program Monitoring and 

Reporting, which establishes emission 

monitoring 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). 

Therefore, the revised materials as 

stated above, have been approved by 

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 EPA’s approval, and will 

be incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.14

III. Final Action 

EPA is taking final action 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 taking final action to 

convert the July 7, 2021, conditional 

approval of Alabama Rule 335–3–8–.72 

to a full approval. 

IV. 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. 

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 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 (Public Law 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, 


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41064 Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Rules and Regulations 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

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. 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 September 9, 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, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements. 

Dated: June 30, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 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 B—Alabama 

§ 52.49 [Removed and Reserved] 

■ 2. Remove and reserve § 52.49. 

■ 3. In § 52.50(c), amend the table by 

revising the entry for ‘‘Section 335–3–8– 

.72’’ to read as follows: 

§ 52.50 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED ALABAMA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

Section 335–3–8–.72 .............. NOX Budget Program Monitoring and Reporting.12/13/2021 7/11/2022, [Insert citation of 

publication].

* * * * * * * 

* * * * * 

[FR Doc. 2022–14538 Filed 7–8–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2021–0751: FRL–9211–02– 

R10] 

Air Plan Approval; Washington; 

Yakima Regional Clean Air Agency, 

General Air Quality Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Washington State Implementation 

Plan (SIP) that were submitted by the 

Department of Ecology (Ecology) in 

coordination with the Yakima Regional 

Clean Air Agency (YRCAA). In 2014, 

2015, 2016, and 2020, the EPA approved 

revisions to the General Regulations for 

Air Pollution Sources promulgated by 

Ecology in the Washington 

Administrative Code (WAC). In this 

action, the EPA is approving an update 

to the SIP for YRCAA’s jurisdiction to 

reflect these changes to the WAC. We 

are also approving updates to certain 

YRCAA regulations currently in the SIP, 

removing obsolete regulations, and 

approving a small set of YRCAA 

regulations to replace or supplement the 

corresponding WAC regulations for 

sources in YRCAA’s jurisdiction. 

DATES: This final rule is effective August 

10, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2021–0751. 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, e.g., CBI or other information 

the disclosure of which is restricted by 

statute. Certain other material, such as 

copyrighted material, is not placed on 

the internet and is publicly available 

only in hard copy form. Publicly 

available docket materials are available 

at https://www.regulations.gov, or 

please contact the person identified in 

the FOR FURTHER INFORMATION CONTACT

section for additional availability 

information. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt, EPA Region 10, 1200 Sixth 

Avenue—Suite 155, Seattle, WA 98101, 

at (206) 553–0256, or hunt.jeff@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

intended to refer to the EPA. 

I. Background Information 

On December 7, 2021, the EPA 

proposed to approve Washington’s 

October 14, 2021, SIP revision for 

YRCAA’s jurisdiction as meeting Clean 

Air Act (CAA) requirements (86 FR 

69200). The public comment period for 

the proposed action ended on January 6, 

2022. 

II. Response to Comments 

The EPA received three comments on 

the proposal. We have summarized and 

responded to the comments below. The 

full text of the submitted comments may 

be found in the docket for this action. 


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