Air Plan Approval; Wisconsin; Redesignation of the Rhinelander Sulfur Dioxide Nonattainment Area, 1685-1687 [2022-00347]
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Federal Register / Vol. 87, No. 8 / Wednesday, January 12, 2022 / Rules and Regulations
B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA because this action does not
impose additional requirements beyond
those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities beyond those imposed by state
law.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action does not
impose additional requirements beyond
those imposed by state law.
Accordingly, no additional costs to
state, local, or tribal governments, or to
the private sector, will result from this
action.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the National
Government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
lotter on DSK11XQN23PROD with RULES1
F. Executive Order 13175: Coordination
With Indian Tribal Governments
This action does not have tribal
implications, as specified in Executive
Order 13175, because 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, and will not impose
substantial direct costs on tribal
governments or preempt tribal law.
Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not impose additional
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requirements beyond those imposed by
state law.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs
the EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. The EPA believes that this
action is not subject to the requirements
of section 12(d) of the NTTAA because
application of those requirements would
be inconsistent with the CAA.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA lacks the discretionary
authority to address environmental
justice in this rulemaking.
K. Congressional Review Act (CRA)
This action is subject to the CRA, 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).
1685
Dated: January 6, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations 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 F—California
2. Section 52.220 is amended by
adding paragraph (c)(568) to read as
follows:
■
§ 52.220
Identification of plan-in part.
*
*
*
*
*
(c) * * *
(568) The following new regulation
was submitted on November 5, 2019 by
the Governor’s designee as an
attachment to a letter dated October 31,
2019.
(i) Incorporation by reference. (A)
Amador Air District.
(1) Rule 400, ‘‘NSR Requirements for
New and Modified Major Sources in
Nonattainment Areas,’’ adopted on
August 20, 2019.
(B) [Reserved]
(ii) [Reserved]
*
*
*
*
*
[FR Doc. 2022–00385 Filed 1–11–22; 8:45 am]
BILLING CODE 6560–50–P
L. Petitions for Judicial Review
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 March 14, 2022. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule 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,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2021–0540; FRL–9201–02–
R5]
Air Plan Approval; Wisconsin;
Redesignation of the Rhinelander
Sulfur Dioxide Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is redesignating the
Rhinelander nonattainment area, which
consists of a portion of Oneida County
(Crescent Township, Newbold
Township, Pine Lake Township, Pelican
Township, and the City of Rhinelander),
to attainment for the 2010 primary,
health-based 1-hour sulfur dioxide (SO2)
National Ambient Air Quality Standard
(NAAQS). EPA is also approving
Wisconsin’s SO2 maintenance plan for
SUMMARY:
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Federal Register / Vol. 87, No. 8 / Wednesday, January 12, 2022 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
the Rhinelander area. Wisconsin
submitted the request for approval of
the Rhinelander area’s redesignation
and maintenance plan on July 28, 2021.
EPA approved Wisconsin’s attainment
plan for the Rhinelander area on
October 22, 2021, with an effective date
of December 31, 2021. EPA proposed to
approve this action on November 17,
2021, and received no adverse
comments.
DATES: This final rule is effective on
January 12, 2022.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2021–0540. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(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 either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and
facility closures due to COVID–19. We
recommend that you telephone Abigail
Teener, Environmental Engineer, at
(312) 353–7314 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Abigail Teener, Environmental
Engineer, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 353–7314, teener.abigail@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background Information
On November 17, 2021, EPA proposed
to approve the redesignation of the
Rhinelander SO2 nonattainment area to
attainment of the 2010 primary, healthbased 1-hour SO2 NAAQS and to
approve Wisconsin’s SO2 maintenance
plan for the area (86 FR 64110). An
explanation of the Clean Air Act (CAA)
requirements, a detailed analysis of the
revisions, and EPA’s reasons for
proposing approval were provided in
the notice of proposed rulemaking and
will not be restated here. In the notice
of proposed rulemaking, EPA noted that
the redesignation would not be finalized
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until Wisconsin’s attainment plan for
the Rhinelander area was approved and
effective. EPA approved Wisconsin’s
plan on October 22, 2021, with an
effective date of December 31, 2021.
II. Public Comments
The public comment period for this
proposed rule ended on December 17,
2021. EPA received no adverse
comments on the proposal.
III. Final Action
In accordance with Wisconsin’s July
28, 2021, request, EPA is redesignating
the Rhinelander nonattainment area
from nonattainment to attainment of the
2010 SO2 NAAQS. EPA finds that
Wisconsin has demonstrated that the
area is attaining the 2010 SO2 NAAQS
and that the improvement in air quality
is due to permanent and enforceable
SO2 emission reductions in the area.
EPA is also approving Wisconsin’s
maintenance plan, which is designed to
ensure that the area will continue to
maintain the SO2 NAAQS.
In accordance with 5 U.S.C. 553(d) of
the Administrative Procedure Act
(APA), EPA finds there is good cause for
this action to become effective
immediately upon publication. The
immediate effective date for this action
is authorized under both 5 U.S.C.
553(d)(1).
Section 553(d)(1) of the APA provides
that final rules shall not become
effective until 30 days after publication
in the Federal Register ‘‘except . . . a
substantive rule which grants or
recognizes an exemption or relieves a
restriction.’’ The purpose of this
provision is to ‘‘give affected parties a
reasonable time to adjust their behavior
before the final rule takes effect.’’
Omnipoint Corp. v. Fed. Commc’n
Comm’n, 78 F.3d 620, 630 (D.C. Cir.
1996); see also United States v.
Gavrilovic, 551 F.2d 1099, 1104 (8th Cir.
1977) (quoting legislative history).
However, when the agency grants or
recognizes an exemption or relieves a
restriction, affected parties do not need
a reasonable time to adjust because the
effect is not adverse. EPA has
determined that this rule relieves a
restriction because this rule relieves
sources in the area of Nonattainment
New Source Review (NNSR) permitting
requirements; instead, upon the
effective date of this action, sources will
be subject to less restrictive Prevention
of Significant Deterioration (PSD)
permitting requirements. For this
reason, EPA finds good cause under 5
U.S.C. 553(d)(1) for this action to
become effective on the date of
publication of this action.
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IV. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a state
implementation plan (SIP) submission
that complies with the provisions of the
CAA 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
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
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Federal Register / Vol. 87, No. 8 / Wednesday, January 12, 2022 / Rules and Regulations
• 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 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).
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 March 14, 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
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
2. Section 52.2575 is amended by
removing paragraph (b) introductory
text and adding paragraph (c) to read as
follows:
■
§ 52.2575
Control strategy: Sulfur dioxide.
*
*
*
*
*
(c) Approval-On July 28, 2021,
Wisconsin submitted a request to
redesignate the Rhinelander area, which
consists of a portion of Oneida County
(Crescent Township, Newbold
Township, Pine Lake Township, Pelican
Township, and the City of Rhinelander),
to attainment of the 2010 primary 1hour sulfur dioxide standard. As part of
the redesignation request, the State
submitted a maintenance plan as
required by section 175A of the Clean
Air Act (CAA). Elements of the section
175 maintenance plan include a
contingency plan and an obligation to
submit a subsequent maintenance plan
revision in eight years as required by the
CAA.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
Dated: January 5, 2022.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the
preamble, EPA amends 40 CFR parts 52
and 81 as follows:
3. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
4. Section 81.350 is amended by
revising the entry for ‘‘Rhinelander, WI’’
in the table entitled ‘‘Wisconsin-2010
Sulfur Dioxide NAAQS [Primary]’’ to
read as follows:
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
§ 81.350
*
Authority: 42 U.S.C. 7401 et seq.
*
Wisconsin.
*
*
*
WISCONSIN—2010 SULFUR DIOXIDE NAAQS
[Primary]
Designation
Designated area 1
Date 2
*
*
*
*
*
Rhinelander, WI ........................................................................................................................................
Oneida County (part)
City of Rhinelander, Crescent Town, Newbold Town, Pine Lake Town, and Pelican Town.
*
*
*
*
*
January 12, 2022 ......
*
*
Type
*
Attainment.
*
1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country.
2 This date is April 9, 2018, unless otherwise noted.
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*
*
*
*
*
[FR Doc. 2022–00347 Filed 1–11–22; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Rules and Regulations]
[Pages 1685-1687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00347]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2021-0540; FRL-9201-02-R5]
Air Plan Approval; Wisconsin; Redesignation of the Rhinelander
Sulfur Dioxide Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is redesignating the
Rhinelander nonattainment area, which consists of a portion of Oneida
County (Crescent Township, Newbold Township, Pine Lake Township,
Pelican Township, and the City of Rhinelander), to attainment for the
2010 primary, health-based 1-hour sulfur dioxide (SO2)
National Ambient Air Quality Standard (NAAQS). EPA is also approving
Wisconsin's SO2 maintenance plan for
[[Page 1686]]
the Rhinelander area. Wisconsin submitted the request for approval of
the Rhinelander area's redesignation and maintenance plan on July 28,
2021. EPA approved Wisconsin's attainment plan for the Rhinelander area
on October 22, 2021, with an effective date of December 31, 2021. EPA
proposed to approve this action on November 17, 2021, and received no
adverse comments.
DATES: This final rule is effective on January 12, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2021-0540. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (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 either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays and facility
closures due to COVID-19. We recommend that you telephone Abigail
Teener, Environmental Engineer, at (312) 353-7314 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Abigail Teener, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-7314,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background Information
On November 17, 2021, EPA proposed to approve the redesignation of
the Rhinelander SO2 nonattainment area to attainment of the
2010 primary, health-based 1-hour SO2 NAAQS and to approve
Wisconsin's SO2 maintenance plan for the area (86 FR 64110).
An explanation of the Clean Air Act (CAA) requirements, a detailed
analysis of the revisions, and EPA's reasons for proposing approval
were provided in the notice of proposed rulemaking and will not be
restated here. In the notice of proposed rulemaking, EPA noted that the
redesignation would not be finalized until Wisconsin's attainment plan
for the Rhinelander area was approved and effective. EPA approved
Wisconsin's plan on October 22, 2021, with an effective date of
December 31, 2021.
II. Public Comments
The public comment period for this proposed rule ended on December
17, 2021. EPA received no adverse comments on the proposal.
III. Final Action
In accordance with Wisconsin's July 28, 2021, request, EPA is
redesignating the Rhinelander nonattainment area from nonattainment to
attainment of the 2010 SO2 NAAQS. EPA finds that Wisconsin
has demonstrated that the area is attaining the 2010 SO2
NAAQS and that the improvement in air quality is due to permanent and
enforceable SO2 emission reductions in the area. EPA is also
approving Wisconsin's maintenance plan, which is designed to ensure
that the area will continue to maintain the SO2 NAAQS.
In accordance with 5 U.S.C. 553(d) of the Administrative Procedure
Act (APA), EPA finds there is good cause for this action to become
effective immediately upon publication. The immediate effective date
for this action is authorized under both 5 U.S.C. 553(d)(1).
Section 553(d)(1) of the APA provides that final rules shall not
become effective until 30 days after publication in the Federal
Register ``except . . . a substantive rule which grants or recognizes
an exemption or relieves a restriction.'' The purpose of this provision
is to ``give affected parties a reasonable time to adjust their
behavior before the final rule takes effect.'' Omnipoint Corp. v. Fed.
Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United
States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting
legislative history). However, when the agency grants or recognizes an
exemption or relieves a restriction, affected parties do not need a
reasonable time to adjust because the effect is not adverse. EPA has
determined that this rule relieves a restriction because this rule
relieves sources in the area of Nonattainment New Source Review (NNSR)
permitting requirements; instead, upon the effective date of this
action, sources will be subject to less restrictive Prevention of
Significant Deterioration (PSD) permitting requirements. For this
reason, EPA finds good cause under 5 U.S.C. 553(d)(1) for this action
to become effective on the date of publication of this action.
IV. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a state implementation plan (SIP) submission that
complies with the provisions of the CAA 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 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
[[Page 1687]]
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 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).
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 March 14, 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: January 5, 2022.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, EPA amends 40 CFR parts 52
and 81 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.2575 is amended by removing paragraph (b) introductory
text and adding paragraph (c) to read as follows:
Sec. 52.2575 Control strategy: Sulfur dioxide.
* * * * *
(c) Approval-On July 28, 2021, Wisconsin submitted a request to
redesignate the Rhinelander area, which consists of a portion of Oneida
County (Crescent Township, Newbold Township, Pine Lake Township,
Pelican Township, and the City of Rhinelander), to attainment of the
2010 primary 1-hour sulfur dioxide standard. As part of the
redesignation request, the State submitted a maintenance plan as
required by section 175A of the Clean Air Act (CAA). Elements of the
section 175 maintenance plan include a contingency plan and an
obligation to submit a subsequent maintenance plan revision in eight
years as required by the CAA.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. Section 81.350 is amended by revising the entry for ``Rhinelander,
WI'' in the table entitled ``Wisconsin-2010 Sulfur Dioxide NAAQS
[Primary]'' to read as follows:
Sec. 81.350 Wisconsin.
* * * * *
Wisconsin--2010 Sulfur Dioxide NAAQS
[Primary]
----------------------------------------------------------------------------------------------------------------
Designation
Designated area \1\ ---------------------------------------------------------------
Date \2\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Rhinelander, WI................................. January 12, 2022................. Attainment.
Oneida County (part)
City of Rhinelander, Crescent Town,
Newbold Town, Pine Lake Town, and
Pelican Town.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
boundaries of any area of Indian country in this table, including any area of Indian country located in the
larger designation area. The inclusion of any Indian country in the designation area is not a determination
that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.
* * * * *
[FR Doc. 2022-00347 Filed 1-11-22; 8:45 am]
BILLING CODE 6560-50-P
