[Federal Register Volume 87, Number 128 (Wednesday, July 6, 2022)]
[Rules and Regulations]
[Pages 40097-40099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14321]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0730, EPA-R05-OAR-2020-0731; FRL-9629-02-R5]


Air Plan Approval; Michigan; Emissions Statement Program and Base 
Year Emissions Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is partially 
approving portions of State Implementation Plan (SIP) revisions 
submitted by the State of Michigan on December 18, 2020. Specifically, 
EPA is approving the 2015 ozone National Ambient Air Quality Standards 
(NAAQS) base-year emissions inventory for Detroit area as meeting the 
requirements of the Clean Air Act (CAA). EPA is also approving 
revisions to Michigan's emissions statement program as meeting the 
requirements of the CAA.

DATES: This final rule is effective on July 6, 2022.

ADDRESSES: EPA has established dockets for this action under Docket ID 
No. EPA-R05-OAR-2020-0730 and EPA-R05-OAR-2020-0731. 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 Eric Svingen, Attainment Planning and Maintenance 
Section, at (312) 353-4489 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-4489, 
[email protected].

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

I. Background Information

    On March 14, 2022 (87 FR 14210), EPA proposed to approve portions 
of a December 18, 2020, submittal from the Michigan Department of 
Environment, Great Lakes, and Energy (EGLE) as meeting the applicable 
requirements for a base year emissions inventory under CAA section 
182(a)(1) for the Detroit nonattainment area for the 2015 ozone NAAQS, 
as well as portions of a separate December 18, 2020, submittal from 
EGLE as meeting the applicable requirements under CAA section 182(a)(3) 
for an emissions statement program. 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 April 27, 2022.
    In the March 14, 2022, NPRM, EPA proposed to take additional 
actions, including a determination that the Detroit area has met the 
requirements for redesignation to attainment under section 107(d)(3)(E) 
of the CAA the CAA. EPA's proposed actions received six comments, three 
of which are adverse. All of the comments relate to EPA's proposal to 
redesignate the area. None of the comments relate to EPA's proposal to 
approve the Detroit area base-year emissions inventory or the revisions 
to Michigan's emissions statement program. All of the comments received 
are included in the docket for this action.
    We do not consider these comments to be germane or relevant to 
EPA's proposal to approve the Detroit area base year emissions 
inventory and revisions to the emissions statement program, and 
therefore not adverse to this action. The comments lack the required 
specificity to this action and the relevant requirements of CAA section 
110. Moreover, none of the comments address a specific regulation or 
provision in question, or recommend a different action. Therefore, we 
are finalizing this action as proposed. Should EPA take final action on 
the other actions proposed in the March 14, 2022, NPRM, including a 
determination that the Detroit area has met the requirements for 
redesignation to attainment, then EPA would address the adverse 
comments at that time.

II. Final Action

    EPA is approving portions of Michigan's December 18, 2020, 
submittals as meeting the base year emissions inventory and emissions 
statement requirements of sections 182(a)(1) and 182(a)(3), 
respectively.
    Specifically, EPA is also approving EGLE's request to make several 
revisions to Michigan's SIP. EPA is removing from the SIP Section 5 of 
Act 348 of 1965, as amended. EPA is approving into the SIP Section 5503 
of Act 451 of 1994, as amended, effective March 30, 1995. EPA is 
removing from the SIP the 1993 Michigan Air Pollution Reporting forms 
and reference tables, and EPA is approving into the SIP several updated 
forms: the 2020 version of AQD-013, the 2019 version of MAERS form SB-
101 Submit, the 2019 version of MAERS form S-101 Source, the 2019 
version of MAERS form A-101 Activity, the 2019 version of MAERS form 
EU-101 Emission Unit, and the 2019 version of MAERS form E-101 
Emissions. EPA is removing from the SIP the 1993 MAERS general 
instructions, and EPA is approving into the SIP the January 2020 MAERS 
User Guide. Finally, EPA is approving into the SIP the 2017 base year 
inventory for the Detroit nonattainment area (Livingston, Macomb, 
Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties) for the 2015 
ozone NAAQS.
    In accordance with 5 U.S.C. 553(d) of the Administrative Procedure 
Act (APA), EPA finds there is good cause for this action to become 
effective immediately upon publication. The immediate effective date 
for this action is authorized under 5 U.S.C. 553(d)(1) of the APA, 
which provides that rulemaking actions may become effective less than 
30 days after publication if the rule grants or

[[Page 40098]]

recognizes an exemption or relieves a restriction, and section 
553(d)(3), which allows an effective date less than 30 days after 
publication as otherwise provided by the agency for good cause found 
and published with the rule.
    The purpose of the 30-day waiting period prescribed in section 
553(d) is to ``give affected parties a reasonable time to adjust their 
behavior before the final rule takes effect.'' Omnipoint Corp. v. Fed. 
Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United 
States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting 
legislative history). However, when the agency grants or recognizes an 
exemption or relieves a restriction, affected parties do not need a 
reasonable time to adjust because the effect is not adverse.
    This action, however, does not create any new regulatory 
requirements such that affected parties would need time to prepare 
before the rule takes effect. Rather, this action relieves Michigan of 
various requirements for the Detroit area. In addition, EPA has 
determined that this action removes from the SIP the 1993 versions of 
several forms, reference tables, and general instructions, which are no 
longer used by EGLE. Instead, upon the effective date of this action, 
the SIP would be updated to require the 2019 or 2020 versions of these 
forms, reference tables, and general instructions. These versions are 
currently used by EGLE and aid sources in completing required 
submittals via electronic format. For these reasons, EPA finds good 
cause under 5 U.S.C. 553(d) for this action to become effective on the 
date of publication of this action.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Michigan 
Regulations described in Section II of this preamble and set forth in 
the amendments to 40 CFR part 52 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 CAA 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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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);
     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).
    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 September 6, 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: June 29, 2022.
Cheryl Newton,
Deputy Regional Administrator, Region 5.

    For the reasons stated in the preamble, 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. Section 52.1170 is amended:
0
a. In the table in paragraph (c), under ``State Statutes'', by revising 
the entries for ``Act 348 of 1965, as amended'' (with a State effective 
date of 1990) and ``Act 451 of 1994, as amended''; and
0
b. In the table in paragraph (e):
0
i. By revising the entry for ``Information supporting emissions 
statement program''; and
0
ii. Under ``Emissions Inventories'' by adding an entry for ``2015 8-
hour ozone 2017 base year'' before the entry for ``1997 annual 
PM2.5 2005 base year''.
    The revisions and addition read as follows:

[[Page 40099]]

Sec.  52.1170   Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Michigan Regulations
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                                                         State
     Michigan citation               Title          effective date    EPA approval date           Comments
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                                                  * * * * * * *
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                                                 State Statutes
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                                                  * * * * * * *
Act 348 of 1965, as amended  Air Pollution Act....            1990  7/6/2022, [INSERT      Only section 14a.
                                                                     Federal Register
                                                                     CITATION].
Act 451 of 1994, as amended  Natural Resources and       3/30/1995  7/6/2022, [INSERT      Only sections
                              Environmental                          Federal Register       324.5003, 324.5524
                              Protection Act.                        CITATION].             and 324.5525.
 
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* * * * *
    (e) * * *

                       EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
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 Name of nonregulatory SIP   Applicable geographic       State
         provision           or nonattainment area  submittal date    EPA approval date           Comments
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                                                  * * * * * * *
Information supporting       Statewide............      12/18/2020  7/6/2022, [INSERT      2020 version of AQD-
 emissions statement                                                 Federal Register       013, 2019 version of
 program.                                                            CITATION].             MAERS form SB-101
                                                                                            Submit, 2019 version
                                                                                            of MAERS form S-101
                                                                                            Source, 2019 version
                                                                                            of MAERS form A-101
                                                                                            Activity, 2019
                                                                                            version of MAERS
                                                                                            form EU-101 Emission
                                                                                            Unit, 2019 version
                                                                                            of MAERS form E-101
                                                                                            Emissions, January
                                                                                            2020 MAERS User
                                                                                            Guide.
 
                                                  * * * * * * *
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                                              Emissions Inventories
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                                                  * * * * * * *
2015 8-hour ozone 2017 base  Detroit area               12/18/2020  7/6/2022, [INSERT
 year.                        (Livingston, Macomb,                   Federal Register
                              Monroe, Oakland, St.                   CITATION].
                              Clair, Washtenaw,
                              and Wayne Counties).
 
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[FR Doc. 2022-14321 Filed 7-5-22; 8:45 am]
BILLING CODE 6560-50-P