[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Rules and Regulations]
[Pages 4501-4503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00607]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2021-0451; FRL-9166-02-R5]


Air Plan Approval; Michigan; Finding of Failure To Attain the 
2010 Sulfur Dioxide Primary National Ambient Air Quality Standard for 
the Detroit Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is determining that 
the Detroit sulfur dioxide (SO2) nonattainment area failed 
to attain the 2010 primary 1-hour SO2 national ambient air 
quality standard (NAAQS or ``standard'') by the applicable attainment 
date of October 4, 2018. This determination is based upon air quality 
modeling using actual and allowable emissions. This action requires the 
State of Michigan to submit one year after date of publication in the 
Federal Register a revision to its State Implementation Plan (SIP) 
that, among other elements, provides for expeditious attainment of the 
2010 SO2 standard. EPA is not finalizing the finding of 
failure to attain for the Rhinelander, Wisconsin area that was included 
in the notice of proposed rulemaking (NPRM), as a finding of failure to 
attain only applies to nonattainment areas and EPA expects to 
redesignate the area to attainment before the effective date of this 
action.

DATES: This final rule is effective on February 28, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2021-0451. 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 (AR-18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-7314, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background Information

    On October 27, 2021 (86 FR 59327), EPA proposed to determine that 
the

[[Page 4502]]

Detroit SO2 nonattainment area failed to attain the 2010 
primary 1-hour SO2 national ambient air quality standard 
NAAQS by the applicable attainment date of October 4, 2018. The 
background for this action is discussed in detail in the NPRM. EPA is 
not finalizing the finding of failure to attain for the Rhinelander, 
Wisconsin, area that was included in the NPRM, as a finding of failure 
to attain only applies to nonattainment areas and EPA expects to 
redesignate the area to attainment before the effective date of this 
action.
    The determination of failure to attain for the Detroit area was 
based on air quality dispersion modeling, using actual and allowable 
emissions from the most recent three complete calendar years, prior to 
the attainment date of October 4, 2018. The NPRM describes EPA's 
modeling requirements to support attainment demonstrations as well as 
various features of the model that EPA used to make its determination 
of failure to attain. For an area to attain the 2010 SO2 
NAAQS by the October 4, 2018, attainment date, the design value based 
upon modeled actual and allowable air quality data from 2015-2017 at 
the area of maximum ambient SO2 concentration must be equal 
to or less than 75 parts per billion (ppb) for the 1-hour standard. 
EPA's modeling analysis indicates that the highest predicted 3-year 
average 99th percentile 1-hour average concentration within the chosen 
modeling domain is 139 ppb. Therefore, based on modeled actual and 
allowable emissions for the 2015-2017 period, EPA is determining that 
the Detroit area failed to attain the 2010 1-hour SO2 
standard by the October 4, 2018, attainment date.
    Under Clean Air Act (CAA) section 179(d), a finding of failure to 
attain requires a state to submit, no later than one year after the 
publication date of the final action, a SIP revision for the area 
meeting the requirements of CAA sections 110 and 172, the latter of 
which requires, among other elements, a demonstration of attainment 
within the time period specified in CAA sections 179(d)(3) and 
172(a)(2). Therefore, this action requires Michigan to submit a SIP 
revision by January 30, 2023, per section 179(d). Regardless, as 
discussed in the NPRM, EPA's obligation to promulgate a Federal 
implementation plan (FIP) for the Detroit area remains in force, and 
EPA is actively working on a FIP.

II. Public Comments

    The proposed action described above provided a public comment 
period that closed on November 26, 2021. EPA received no comments on 
the proposed finding of failure to attain for the Detroit area.

III. What action is EPA taking?

    EPA is determining under CAA section 179(c)(1) that the Detroit 
area failed to attain the 2010 1-hour SO2 standard by the 
applicable attainment date of October 4, 2018. This action requires 
Michigan under CAA section 179(d) to submit a revision to the SIP for 
the Detroit SO2 nonattainment area. The required SIP 
revision must, among other elements, demonstrate expeditious attainment 
of the standards within the time period prescribed by CAA section 
179(d). The SIP revision required under CAA section 179(d) is due for 
submittal to EPA no later January 30, 2023. EPA is not finalizing the 
finding of failure to attain for the Rhinelander, Wisconsin area that 
was included in the NPRM, as a finding of failure to attain only 
applies to nonattainment areas and EPA expects to redesignate the area 
to attainment before the effective date of this action.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders 
can be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review, and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and therefore 
was not submitted to the Office of Management and Budget (OMB) for 
review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the provisions of the PRA because it does not contain any information 
collection activities.

C. Regulatory Flexibility Act (RFA)

    EPA certifies 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. This action 
requires the state to adopt and submit SIP revisions to satisfy CAA 
requirements and would not itself directly regulate any small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate of $100 million 
or more, as described in UMRA (2 U.S.C. 1531-1538) and does not 
significantly or uniquely affect small governments. This action itself 
imposes no enforceable duty on any state, local, or tribal governments, 
or the private sector. This action determines that the Detroit 
SO2 nonattainment area failed to attain the NAAQS by the 
applicable attainment date and triggers existing statutory timeframes 
for the State to submit SIP revisions. Such a determination in and of 
itself does not impose any Federal intergovernmental mandate.

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.

F. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. The finding of failure to attain the 
SO2 NAAQS does not apply to tribal areas, and the action 
does not impose a burden on Indian reservation lands or other areas 
where EPA or an Indian tribe has demonstrated that a tribe has 
jurisdiction within the Detroit SO2 nonattainment area. 
Thus, this action 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.

G. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that 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 the effect of this action does not trigger additional 
planning requirements under the CAA. This action does not establish an 
environmental standard intended to mitigate health or safety risks.

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.

[[Page 4503]]

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    EPA believes that this action does not have disproportionately high 
and adverse human health or environmental effects on minority 
populations, low-income populations and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The 
effect of this action triggers additional planning requirements under 
the CAA.

K. Congressional Review Act (CRA)

    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).

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 29, 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, does 
not 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, Intergovernmental relations, Sulfur oxides.

    Dated: January 6, 2022.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, EPA amends 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 ``Determination of failure to attain the 2010 SO2 
standard'' immediately after the entry for ``2010 Sulfur Dioxide Clean 
Data Determination'' to read as follows:


Sec.  52.1170  Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
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                                       Applicable         State
    Name of nonregulatory SIP        geographic or      submittal    EPA approval date           Comments
            provision              nonattainment area      date
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                                                  * * * * * * *
Determination of failure to       Detroit area (Wayne  ...........  1/28/2022, [INSERT   Triggers requirements
 attain the 2010 SO2 standard.     County, part).                    FEDERAL REGISTER     of CAA section 179(d)
                                                                     CITATION].           for the State of
                                                                                          Michigan to submit by
                                                                                          January 30, 2023, a
                                                                                          revision to its SIP
                                                                                          for the Detroit area
                                                                                          that, among other
                                                                                          elements, provides for
                                                                                          expeditious attainment
                                                                                          of the 2010 SO2
                                                                                          standard within the
                                                                                          time period specified
                                                                                          in CAA sections
                                                                                          179(d)(3) and
                                                                                          172(a)(2).
 
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[FR Doc. 2022-00607 Filed 1-27-22; 8:45 am]
BILLING CODE 6560-50-P


