[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Rules and Regulations]
[Pages 25954-25956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10044]



[[Page 25954]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0412; FRL-10023-86-Region 5]


Air Plan Approval; Michigan; Part 18 and Part 19 Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
Michigan Department of Environment, Great Lakes, and Energy (EGLE) 
promulgated revisions to its Part 18 Prevention of Significant 
Deterioration of Air Quality rule and the Part 19 New Source Review for 
Major Sources Impacting Nonattainment Areas rule. The revisions made to 
Part 18 and Part 19 were adopted to ensure consistency with Federal 
rule language and other parts of the Michigan air quality rules. The 
rule changes are administrative and are intended to provide clarity to 
the already approved rule language.

DATES: This direct final rule is effective July 12, 2021, unless EPA 
receives adverse comments by June 11, 2021. If adverse comments are 
received, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0412 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: YeChan Lim, Environmental Engineer, 
Air Permits Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-7259, [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 action is EPA taking?

    On August 5, 2020, EGLE submitted a revision to its Michigan State 
Implementation Plan (SIP). The changes are administrative and involve 
wording changes to ensure consistency across the Michigan Part 18 and 
19 rules, updates to make the Michigan rules consistent with Federal 
requirements, transfer of adoptions by reference, and corrections to 
grammar and typographical errors.
    EPA is approving into the Michigan SIP revisions to Michigan air 
pollution control rules Part 18, Prevention of Significant 
Deterioration of Air Quality. Specifically, we are approving revisions 
to R 336.2801 ``Definitions'', R 336.2802 ``Applicability'', R 336.2809 
``Exemptions'', R 336.2810 ``Control technology review'', R 336.2813 
``Air quality analysis'', R 336.2816 ``Sources impacting federal class 
I areas; additional requirements'', and R 336.2823 ``Actuals plantwide 
applicability limits (PALs)''. These revisions were made to ensure 
consistency with Federal rule language and other parts of the Michigan 
air quality rules.
    EPA is also approving into the Michigan SIP revisions to Part 19, 
New Source Review for Major Sources Impacting Nonattainment Areas. 
Specifically, we are approving revisions to R 336.2901 ``Definitions'', 
R 336.2902 ``Applicability'', R 336.2903 ``Additional permit 
requirements for sources impacting nonattainment areas'', R 336.2907 
``Actuals plant wide applicability limits or PALs'', and R 336.2908 
``Conditions for approval of a major new source review permit in a 
nonattainment area''. Part 19 was missing definitions that were in the 
corresponding Federal regulations. The R 336.2901 revisions provided 
definitions for the phrases ``Functionally equivalent component'' and 
``Process Unit'', along with revisions to the definition ``Net 
emissions increase''. Additionally, portions of R 336.2802 and R 
336.2902 were based on identical Federal language, and revisions were 
made to ensure consistency in rule interpretation across both of these 
rule parts and with Federal regulations. These revisions were made to 
ensure consistency with Federal rule language and other parts of the 
Michigan air quality rules. Finally, EPA is approving into the Michigan 
SIP, the removal of R 336.2901a from Part 19. R 336.2901a, the adoption 
by reference, was transferred to Part 9 of Michigan's administrative 
rules. EGLE also requested the removal of R 336.2801a from Part 18 of 
the SIP however, R 336.2801a was never approved into the SIP. 
Therefore, EPA will not be acting on that request.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective July 12, 2021 
without further notice unless we receive relevant adverse written 
comments by June 11, 2021. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment. 
If we do not receive any comments, this action will be effective July 
12, 2021.

II. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR

[[Page 25955]]

51.5, EPA is finalizing the incorporation by reference of the Michigan 
Regulations described in the amendments to 40 CFR part 52 set forth 
below. 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). 
Therefore, these materials have been approved by EPA for inclusion in 
the SIP, have been incorporated by reference by EPA into that plan, are 
fully federally enforceable under sections 110 and 113 of the Clean Air 
Act as of the effective date of the final rulemaking of EPA's approval, 
and will be incorporated by reference in the next update to the SIP 
compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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    Also in this document, as described in the amendments to 40 CFR 
part 52 set forth below, EPA is removing provisions of the EPA-Approved 
Michigan Regulations and Statutes from the Michigan SIP, which is 
incorporated by reference in accordance with the requirements of 1 CFR 
part 51.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
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 Clean Air Act. 
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 July 12, 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2) of the 
Clean Air Act.)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 7, 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 (c) is amended:
0
a. Under ``Part 18. Prevention of Significant Deterioration of Air 
Quality'' by revising the entries for R 336.2801, R 336.2802, R 
336.2809, R 336.2810, R 336.2813, R 336.2816, and R 336.2823; and
0
b. Under ``Part 19. New Source Review for Major Sources Impacting 
Nonattainment Areas'':
0
i. By revising the entries for R 336.2901, R 336.2902, R 336.2903, R 
336.2907, and R 336.2908; and
0
ii. By removing without replacement the entry for R 336.2901a.
    The revisions read as follows:


Sec.  52.1170   Identification of plan.

* * * * *
    (c) * * *

[[Page 25956]]



                                        EPA-Approved Michigan Regulations
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                                                             State
        Michigan citation                 Title         effective date   EPA approval date         Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                         Part 18. Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------
R 336.2801.......................  Definitions........      01/02/2019  May 12, 2021,
                                                                         [INSERT Federal
                                                                         Register CITATION].
R 336.2802.......................  Applicability......      01/02/2019  [May 12, 2021,
                                                                         [INSERT Federal
                                                                         Register CITATION].
 
                                                  * * * * * * *
R 336.2809.......................  Exemptions.........      01/02/2019  May 12, 2021,
                                                                         [INSERT Federal
                                                                         Register CITATION].
R 336.2810.......................  Control technology       01/02/2019  May 12, 2021,
                                    review.                              [INSERT Federal
                                                                         Register CITATION].
 
                                                  * * * * * * *
R 336.2813.......................  Air quality              01/02/2019  May 12, 2021,
                                    analysis.                            [INSERT Federal
                                                                         Register CITATION].
 
                                                  * * * * * * *
R 336.2816.......................  Sources impacting        01/02/2019  May 12, 2021,
                                    federal class I                      [INSERT Federal
                                    areas; additional                    Register CITATION].
                                    requirements.
 
                                                  * * * * * * *
R 336.2823.......................  Actuals plantwide        01/02/2019  May 12, 2021,
                                    applicability                        [INSERT Federal
                                    limits (PALs).                       Register CITATION].
----------------------------------------------------------------------------------------------------------------
                   Part 19. New Source Review for Major Sources Impacting Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
R 336.2901.......................  Definitions........      01/02/2019  May 12, 2021,
                                                                         [INSERT Federal
                                                                         Register CITATION].
R 336.2902.......................  Applicability......      01/02/2019  May 12, 2021,
                                                                         [INSERT Federal
                                                                         Register CITATION].
R 336.2903.......................  Additional permit        01/02/2019  May 12, 2021,
                                    requirements for                     [INSERT Federal
                                    sources impacting                    Register CITATION].
                                    nonattainment
                                    areas.
R 336.2907.......................  Actuals plant wide       01/02/2019  May 12, 2021,
                                    applicability                        [INSERT Federal
                                    limits or PALs.                      Register CITATION].
R 336.2908.......................  Conditions for           01/02/2019  May 12, 2021,
                                    approval of a                        [INSERT Federal
                                    major new source                     Register CITATION].
                                    review permit in a
                                    nonattainment area.
 
                                                  * * * * * * *
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[FR Doc. 2021-10044 Filed 5-11-21; 8:45 am]
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