[Federal Register Volume 84, Number 48 (Tuesday, March 12, 2019)]
[Rules and Regulations]
[Pages 8812-8813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04386]



[[Page 8812]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0191; FRL-9990-41-Region 5]


Air Plan Approval; Michigan; Infrastructure SIP Requirements for 
the 2012 PM2.5 NAAQS; Multistate Transport

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of the State Implementation Plan (SIP) submission from 
Michigan regarding the infrastructure requirements of section 110 of 
the Clean Air Act (CAA) for the 2012 annual fine particulate matter 
(PM2.5) National Ambient Air Quality Standard (NAAQS or 
standard). 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. This action pertains specifically to infrastructure requirements 
concerning interstate transport provisions.

DATES: This final rule is effective on April 11, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2017-0191. 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. We recommend 
that you telephone Anthony Maietta, Environmental Protection 
Specialist, at (312) 353-8777 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental 
Protection Specialist, Control Strategies Section, Air Programs Branch 
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-8777, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What is being addressed by this document?
II. What comments did we receive on the proposed action?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is being addressed by this document?

    On March 23, 2017, the Michigan Department of Environmental Quality 
(MDEQ) submitted a request for EPA to approve its infrastructure SIP 
for the 2012 annual PM2.5 NAAQS. On November 14, 2018 (83 FR 
56777), EPA proposed to approve the portion of the submission dealing 
with requirements one and two (otherwise known as ``prongs'' one and 
two) of the provision for interstate pollution transport under CAA 
section 110(a)(2)(D)(i), also known as the ``good neighbor'' provision 
\1\.
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    \1\ There are four prongs to the section 110(a)(2)(D)(i)``good 
neighbor'' provision, which are: Prohibit any source or other type 
of emissions activity in one state from contributing significantly 
to nonattainment of the NAAQS in another state (prong one); prohibit 
any source or other type of emissions activity in one state from 
interfering with maintenance of the NAAQS in another state (prong 
two); prohibit any source or other type of emissions activity in one 
state from interfering with measures required to prevent significant 
deterioration (PSD) of air quality in another state (prong three); 
and protect visibility in another state (prong four).
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    The March 23, 2017 MDEQ submittal included a demonstration that 
Michigan's SIP contains sufficient major programs related to the 
interstate transport of pollution. Michigan's submittal also included a 
technical analysis of its interstate transport of pollution relative to 
the 2012 PM2.5 NAAQS that demonstrates that current controls 
are adequate for Michigan to show that it meets prongs one and two of 
the ``good neighbor'' provision. After review, EPA proposed to approve 
Michigan's request relating to prongs one and two of the ``good 
neighbor'' provision.

II. What comments did we receive on the proposed action?

    Our November 14, 2018 proposed rule provided a 30-day review and 
comment period. The comment period closed on December 14, 2018. EPA 
received two supportive comments.

III. What action is EPA taking?

    In this action, EPA is approving the portion of Michigan's March 
23, 2017 submission certifying that the current Michigan SIP is 
sufficient to meet the required infrastructure requirements under CAA 
section 110(a)(2)(D)(i)(I), specifically prongs one and two, as set 
forth above.

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 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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
     Does not provide EPA with the discretionary authority to 
address, as

[[Page 8813]]

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 May 13, 2019. 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, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: February 21, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
    40 CFR part 52 is amended 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) under the heading 
``Infrastructure'' is amended by revising 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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    Name of nonregulatory SIP      Applicable geographic or
            provision                 nonattainment area         State submittal date               EPA approval date                   Comments
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                                                                      * * * * * * *
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                                                                     Infrastructure
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                                                                      * * * * * * *
Section 110(a)(2) Infrastructure  Statewide.................  7/10/2014 and               3/12/2019, [Insert Federal Register   Fully approved for all
 Requirements for the 2012                                     3/23/2017................   citation].                            CAA elements except the
 particulate matter (PM2.5)                                                                                                      visibility protection
 NAAQS.                                                                                                                          requirements of
                                                                                                                                 (D)(i)(II).
 
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[FR Doc. 2019-04386 Filed 3-11-19; 8:45 am]
 BILLING CODE 6560-50-P