[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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