[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Proposed Rules]
[Pages 15837-15838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06165]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0729; FRL-10021-69-Region 5]


Air Plan Approval; Michigan; Part 9 Miscellaneous Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to Michigan's State Implementation Plan (SIP). The 
submittal, by the Michigan Department of Environment, Great Lakes, and 
Energy (EGLE) on December 18, 2020, incorporates administrative changes 
to Michigan's Air Pollution Control Rules, Part 9, ``Emissions 
Limitations and Prohibitions--Miscellaneous''. This revision will 
continue with the consolidation of all the adoption by reference 
materials used by EGLE in other rules in Michigan's SIP into one 
location in Part 9.

DATES: Comments must be received on or before April 26, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0729 at http://www.regulations.gov or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6031, [email protected]. The 
EPA Region 5 office 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.

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

I. What did EGLE submit?

    On December 18, 2020, EGLE submitted to EPA a request to revise 
Michigan's Air Pollution Control Rules, Part 9. Specifically, the state 
requested that we approve a revision to R 336.1902, Adoption of 
standards by reference. The current SIP-approved version of R 336.1902 
includes material that is adopted by reference and is cited by EGLE in 
other SIP-approved rules. The adopted by reference materials include, 
but are not limited to, the Code of Federal Regulations, emission test 
methods, and other technical

[[Page 15838]]

documents. On March 30, 2018 (83 FR 30571), EPA approved the 
consolidation of adopted by reference materials in Part 9, R 336.1902 
into the Michigan SIP.

II. EPA's Analysis of EGLE's Submittal

    In the December 18, 2020 submission, EGLE revised R 336.1902 to 
include additional reference materials to maintain consistency between 
rules contained in the SIP and Michigan's Air Pollution Control Rules. 
The changes to Part 9 are administrative, revising R 336.1902 to 
include more adoption by reference material aforementioned by adding 
the following subrules to R 336.1902: (1)(b)(ii), (1)(b)(vi), (1)(o), 
(1)(o)(vi), (1)(r) to (u), (2)(d), (3)(b), (4)(g) to (k), (6)(a) to 
(d), and (10) (See tables 1-14 of EGLE's submission for details). Also, 
the changes to R 336.1902 reflect the most up-to-date version of the 
materials adopted by reference currently approved in Michigan's SIP.

Section 110(l) Analysis of the State's Submittal

    EPA is proposing to approve the revision to Part 9, as discussed 
above because it meets all applicable requirements under the Clean Air 
Act (CAA). Furthermore, EGLE has shown that the revision to Part 9 does 
not interfere with any applicable requirement concerning attainment and 
reasonable further progress or any other applicable CAA requirement, 
consistent with section 110(l) of the CAA.
    Under Section 110(l) of the CAA, EPA shall not approve a SIP 
revision if it would interfere with any applicable requirement 
concerning attainment and reasonable further progress (as defined in 
section 171 of the CAA) or any other applicable requirement of the CAA. 
The proposed SIP revision will not interfere with any applicable CAA 
requirements based on the technical analysis submitted by EGLE. In Part 
9, R 336.1902 contains materials that are adopted by reference and are 
strictly administrative in nature. Thus, the revision will have no 
effect on actual or allowable emissions.

III. What action is EPA taking?

    EPA is proposing to approve the revision to Part 9 into Michigan's 
SIP, as submitted on December 18, 2020.

IV. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Michigan's Air Pollution Control Rules, Chapter 336, Part 9, 
R 336.1902 ``Adoption by reference'', effective on November 18, 2018. 
EPA has made, and will continue to make, these documents generally 
available through www.regulations.gov and at the EPA Region 5 Office 
(please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble for more information).

V. 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 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).
    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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: March 22, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021-06165 Filed 3-24-21; 8:45 am]
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