[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Rules and Regulations]
[Pages 7387-7388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02676]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2021-0441; FRL-9160-02-R5]


Air Plan Approval; Michigan; Base Year Emissions Inventory for 
the 2010 Sulfur Dioxide Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving, under 
the Clean Air Act (CAA), revisions to the State Implementation Plan 
(SIP) submitted by the Michigan Department of Environment, Great Lakes, 
and Energy (EGLE) on June 30, 2021. The revisions address the emission 
inventory requirements for the St. Clair County nonattainment area 
under the 2010 sulfur dioxide (SO2) National Ambient Air 
Quality Standard (NAAQS or standard). The CAA requires states to 
develop and submit, as SIP revisions, emission inventories for all 
areas designated as nonattainment for any NAAQS. EPA proposed to 
approve this action on October 26, 2021, and received no adverse 
comments.

DATES: This final rule is effective on March 11, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2021-0441. 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 Emily 
Crispell, Environmental Scientist, at (312) 353-8512 before visiting 
the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Emily Crispell, Environmental 
Scientist, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-8512, [email protected].

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

I. Background Information

    On October 26, 2021, EPA proposed to approve revisions to 
Michigan's SIP addressing the SO2 emissions inventory 
requirement of CAA section 172(c)(3) and certification of a fully 
approved Nonattainment New Source Review (NSR) program for the partial 
St. Clair County SO2 nonattainment area for the 2010 
SO2 NAAQS (86 FR 59073). 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 November 26, 2021. EPA received 
no comments on the proposal.

II. Final Action

    EPA is approving EGLE's SIP revision submitted to address the 
SO2-related emission inventory and NSR certification 
requirements for the partial St. Clair County SO2 
nonattainment area for the 2010 SO2 NAAQS. A Clean Data 
Determination for the St. Clair County area was finalized in a separate 
action on December 6, 2021 (86 FR 69173). The emission inventory we are 
approving into the SIP is specified in Table 1 of the NPRM (86 FR 
59073). We are approving the emission inventory because it contains 
comprehensive, accurate, and current inventories of actual emissions 
for all relevant sources in accordance with CAA section 172(c)(3), and 
because EGLE adopted the emission inventories after providing 
reasonable public notice. EPA is also approving the certification of 
Michigan's fully approved NSR program, which was approved by the EPA 
into the SIP on December 16, 2013 (78 FR 76064) and meets the 
requirements of CAA section 172(c)(5).

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

[[Page 7388]]

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).
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 April 11, 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 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, Sulfur oxides.

    Dated: February 2, 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 ``2010 SO2 Nonattainment New Source Review 
Certification'' immediately after the entry for ``2010 Sulfur Dioxide 
Clean Data Determination'' and adding an entry under the subheading 
``Emissions Inventories'' for ``2010 SO2 Standard 2014 base 
year'' after the entry for ``2010 SO2 Standard 2012 base 
year'' 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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                                                  * * * * * * *
2010 SO2 Nonattainment New       St. Clair County         6/30/2021  2/9/2022, [INSERT
 Source Review Certification.     (part).                             Federal Register
                                                                      CITATION].
 
                                                  * * * * * * *
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                                              Emissions Inventories
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                                                  * * * * * * *
2010 SO2 Standard 2014 base      St. Clair County         6/30/2021  2/9/2022, [INSERT
 year.                            (part).                             Federal Register
                                                                      CITATION].
 
                                                  * * * * * * *
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[FR Doc. 2022-02676 Filed 2-8-22; 8:45 am]
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