[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Rules and Regulations]
[Pages 53550-53552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20794]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2019-0215; FRL-8999-02-R5]


Air Plan Approval; Michigan; Partial Approval and Partial 
Disapproval for Infrastructure SIP Requirements for the 2015 Ozone 
NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is partially 
approving and partially disapproving elements of a State Implementation 
Plan (SIP) submission from Michigan regarding the infrastructure 
requirements of section 110 of the Clean Air Act (CAA) for the 2015 
ozone National Ambient Air Quality Standards (NAAQS). The 
infrastructure requirements are designed to ensure that the structural 
components of each state's air quality management program are adequate 
to meet the state's responsibilities under the CAA. The disapproval 
portion of this action does not begin a new Federal Implementation Plan 
(FIP) clock, because the FIPs are already in place. EPA proposed to 
approve this action on Friday, July 2, 2021 and received no adverse 
comments.

DATES: This final rule is effective on October 28, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2019-0215. 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 Olivia 
Davidson, Environmental Scientist, at (312) 886-0266 before visiting 
the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Olivia Davidson, Environmental 
Scientist, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-0266, 
davidson.olivia@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. Background Information

    On July 2, 2021, EPA proposed to approve most elements and 
disapprove an element of a submission from the Michigan Department of 
Environment, Great Lakes, and Energy (EGLE) certifying that its current 
SIP is sufficient to meet the required infrastructure elements under 
sections 110(a)(1) and (2) for the 2015 ozone NAAQS (86 FR 35247). An 
explanation of the CAA requirements, a detailed analysis of the 
revisions, and EPA's reasons for proposing approval were provided in 
the notice of proposed rulemaking (NPRM) and will not be restated here. 
The public comment period for this proposed rule ended on August 2, 
2021.
    During the comment period, EPA received two comments on the 
proposed rule. The first comment was in support of the action, and a 
second comment was submitted by the New Jersey Department of 
Environmental Protection (NJDEP) pertaining to the prong 4 visibility 
requirements portion of which EPA is disapproving. EPA does not believe 
the comment received from NJDEP pertains to this action. At the time of 
submittal, EGLE referenced their five-year progress report from the 
first planning period approved on June 1, 2018 (83 FR 25375) which 
cites the regional haze FIP currently in place to show compliance with 
the Regional Haze Program, approved April 12, 2016 (81 FR 21672). The 
comment addressed an emission source affecting a Federal Class I area 
in New Jersey and asked that EPA consider the source's contribution to 
visibility degradation in future actions. Further, EPA received an 
email identifying a small typographical error in the table at the end 
of the proposed rulemaking identifying which elements we are approving, 
disapproving, or not taking action on. The table incorrectly stated 
that EPA was approving 110(a)(2)(D)(1)-(2), referred to as prong 1 and 
prong 2, interstate transport with significant contribution to 
nonattainment and interference with maintenance, respectively. The 
table is corrected in this action to reflect taking no action on said 
transport requirements. EPA will take action on those portions in a 
separate rulemaking. All of the comments received are included in the 
docket for this action.
    We do not consider these comments to be germane or relevant to this 
action and therefore not adverse to this action. The comments lack the 
required specificity to the proposed SIP revision and the relevant 
requirements of CAA section 110. Moreover, none of the comments address 
a specific regulation or provision in question, or recommend a 
different action on the SIP submission from what EPA proposed. 
Therefore, we are finalizing our action as proposed.

II. Final Action

    EPA is approving most elements and disapproving an element of a 
March 8, 2019 submission from EGLE certifying that its current SIP is 
sufficient to meet

[[Page 53551]]

the required infrastructure elements under sections 110(a)(1) and (2) 
for the 2015 ozone NAAQS. The disapproved prong 4 does not begin a new 
FIP clock, as FIPs are already in place in response to those 
deficiencies.
    EPA's actions for the state's satisfaction of infrastructure SIP 
requirements, by element of section 110(a)(2) are contained in the 
table below.

------------------------------------------------------------------------
                         Element                            2015 ozone
------------------------------------------------------------------------
(A)--Emission limits and other control measures.........               A
(B)--Ambient air quality monitoring/data system.........               A
(C)1--Program for enforcement of control measures.......               A
(C)2--Minor NSR.........................................               A
(C)3--PSD...............................................               A
(D)1--I Prong 1: Interstate transport--significant                    NA
 contribution to nonattainment..........................
(D)2--I Prong 2: Interstate transport--interference with              NA
 maintenance............................................
(D)3--II Prong 3: Interstate transport--interference                   A
 with PSD...............................................
(D)4--II Prong 4: Interstate transport--interference                   D
 with visibility protection.............................
(D)5--Interstate and international pollution abatement..               A
(E)1--Adequate resources................................               A
(E)2--State board requirements..........................              NA
(F)--Stationary source monitoring system................               A
(G)--Emergency powers...................................               A
(H)--Future SIP revisions...............................               A
(I)--Nonattainment planning requirements of part D......               *
(J)1--Consultation with government officials............               A
(J)2--Public notification...............................               A
(J)3--PSD...............................................               A
(J)4--Visibility protection.............................               *
(K)--Air quality modeling/data..........................               A
(L)--Permitting fees....................................               A
(M)--Consultation/participation by affected local                      A
 entities...............................................
------------------------------------------------------------------------

    In the above table, the key is as follows:

A...............................  Approve.
D...............................  Disapprove.
NA..............................  No Action/Separate Rulemaking.
*...............................  Not germane to infrastructure SIPs.
 

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a 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 Clean Air Act; 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 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 29, 2021. 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).)

[[Page 53552]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements.

    Dated: September 15, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.

    For the reasons stated in the preamble, EPA amends title 40 CFR 
part 52 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. In Sec.  52.1170, the table in paragraph (e) is amended by adding an 
entry for ``Section 110(a)(2) infrastructure requirements for the 2015 
ozone NAAQS'' immediately following the entry for ``Section 110(a)(2) 
Infrastructure Requirements for the 2012 particulate matter 
(PM2.5) NAAQS'' to read as follows:


Sec.  52.1170   Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
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                                        Applicable
    Name of nonregulatory SIP         geographic or          State       EPA approval date         Comments
            provision               nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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                                                 Infrastructure
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 110(a)(2) infrastructure   Statewide..........        3/8/2019  9/28/2021, [INSERT   Approved CAA
 requirements for the 2015 ozone                                         Federal Register     elements:
 NAAQS.                                                                  CITATION].           110(a)(2)(A), (B),
                                                                                              (C), (D)(i)(II)
                                                                                              Prong 3, D(ii),
                                                                                              (F), (G), (H),
                                                                                              (J), (K), (L), and
                                                                                              (M). Disapproved
                                                                                              CAA element
                                                                                              110(a)(2)(D)(i)(II
                                                                                              ) Prong 4. No
                                                                                              action on CAA
                                                                                              element
                                                                                              110(a)(2)(D)(i)(I)
                                                                                              .
 
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[FR Doc. 2021-20794 Filed 9-27-21; 8:45 am]
BILLING CODE 6560-50-P


