Air Plan Approval; Michigan; Infrastructure SIP Requirements for the 2012 PM2.5, 8812-8813 [2019-04386]
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Federal Register / Vol. 84, No. 48 / Tuesday, March 12, 2019 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2017–0191; FRL–9990–41–
Region 5]
Air Plan Approval; Michigan;
Infrastructure SIP Requirements for
the 2012 PM2.5 NAAQS; Multistate
Transport
I. What is being addressed by this document?
II. What comments did we receive on the
proposed action?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
I. What is being addressed by this
document?
The Environmental Protection
Agency (EPA) is approving elements of
the State Implementation Plan (SIP)
submission from Michigan regarding the
infrastructure requirements of section
110 of the Clean Air Act (CAA) for the
2012 annual fine particulate matter
(PM2.5) National Ambient Air Quality
Standard (NAAQS or standard). The
infrastructure requirements are designed
to ensure that the structural components
of each state’s air quality management
program are adequate to meet the state’s
responsibilities under the CAA. This
action pertains specifically to
infrastructure requirements concerning
interstate transport provisions.
DATES: This final rule is effective on
April 11, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2017–0191. 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. We
recommend that you telephone Anthony
Maietta, Environmental Protection
Specialist, at (312) 353–8777 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Anthony Maietta, Environmental
Protection Specialist, Control Strategies
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
SUMMARY:
VerDate Sep<11>2014
16:10 Mar 11, 2019
Jkt 247001
Chicago, Illinois 60604, (312) 353–8777,
maietta.anthony@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
On March 23, 2017, the Michigan
Department of Environmental Quality
(MDEQ) submitted a request for EPA to
approve its infrastructure SIP for the
2012 annual PM2.5 NAAQS. On
November 14, 2018 (83 FR 56777), EPA
proposed to approve the portion of the
submission dealing with requirements
one and two (otherwise known as
‘‘prongs’’ one and two) of the provision
for interstate pollution transport under
CAA section 110(a)(2)(D)(i), also known
as the ‘‘good neighbor’’ provision 1.
The March 23, 2017 MDEQ submittal
included a demonstration that
Michigan’s SIP contains sufficient major
programs related to the interstate
transport of pollution. Michigan’s
submittal also included a technical
analysis of its interstate transport of
pollution relative to the 2012 PM2.5
NAAQS that demonstrates that current
controls are adequate for Michigan to
show that it meets prongs one and two
of the ‘‘good neighbor’’ provision. After
review, EPA proposed to approve
Michigan’s request relating to prongs
one and two of the ‘‘good neighbor’’
provision.
II. What comments did we receive on
the proposed action?
Our November 14, 2018 proposed rule
provided a 30-day review and comment
period. The comment period closed on
December 14, 2018. EPA received two
supportive comments.
III. What action is EPA taking?
In this action, EPA is approving the
portion of Michigan’s March 23, 2017
submission certifying that the current
1 There are four prongs to the section
110(a)(2)(D)(i)‘‘good neighbor’’ provision, which
are: Prohibit any source or other type of emissions
activity in one state from contributing significantly
to nonattainment of the NAAQS in another state
(prong one); prohibit any source or other type of
emissions activity in one state from interfering with
maintenance of the NAAQS in another state (prong
two); prohibit any source or other type of emissions
activity in one state from interfering with measures
required to prevent significant deterioration (PSD)
of air quality in another state (prong three); and
protect visibility in another state (prong four).
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
Michigan SIP is sufficient to meet the
required infrastructure requirements
under CAA section 110(a)(2)(D)(i)(I),
specifically prongs one and two, as set
forth above.
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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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
E:\FR\FM\12MRR1.SGM
12MRR1
8813
Federal Register / Vol. 84, No. 48 / Tuesday, March 12, 2019 / Rules and Regulations
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 13, 2019. 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,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: February 21, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.1170, the table in paragraph
(e) under the heading ‘‘Infrastructure’’ is
amended by revising the entry for
‘‘Section 110(a)(2) Infrastructure
Requirements for the 2012 particulate
matter (PM2.5) NAAQS’’ to read as
follows:
■
§ 52.1170
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED MICHIGAN NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable
geographic or
nonattainment
area
Name of nonregulatory
SIP provision
*
*
State
submittal
date
*
EPA approval date
*
Comments
*
*
*
Infrastructure
*
*
Section 110(a)(2) Infrastructure Requirements for the 2012 particulate matter (PM2.5) NAAQS.
*
*
Statewide .............
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2017–0621; FRL–9990–40–
Region 9]
Approval and Promulgation of Air
Quality Implementation Plans; Arizona;
Nonattainment Plan for the Miami SO2
Nonattainment Area
Environmental Protection
Agency (EPA).
AGENCY:
Final rule.
VerDate Sep<11>2014
16:10 Mar 11, 2019
Jkt 247001
*
3/12/2019, [Insert Federal
Register citation].
*
The Environmental Protection
Agency (EPA) is approving an Arizona
state implementation plan (SIP) revision
for attaining the 2010 1-hour sulfur
dioxide (SO2) primary national ambient
air quality standard (NAAQS or
‘‘standard’’) for the Miami, Arizona SO2
nonattainment area (NAA). This SIP
revision (hereinafter called the ‘‘Miami
SO2 Plan’’ or ‘‘Plan’’) includes Arizona’s
attainment demonstration and other
elements required under the Clean Air
Act (CAA or ‘‘Act’’). In addition to an
attainment demonstration, the Plan
addresses the requirements for meeting
reasonable further progress toward
attainment of the NAAQS, reasonably
available control measures and
reasonably available control technology,
base-year and projected emission
PO 00000
Frm 00023
Fmt 4700
*
*
Fully approved for all CAA elements except the visibility protection requirements of (D)(i)(II).
*
SUMMARY:
[FR Doc. 2019–04386 Filed 3–11–19; 8:45 am]
ACTION:
*
7/10/2014 and
3/23/2017.
Sfmt 4700
*
*
inventories, enforceable emissions
limitations and control measures, and
contingency measures. The EPA
concludes that the Plan provides for
attainment of the 2010 1-hour primary
SO2 NAAQS in the Miami SO2 NAA by
the attainment date of October 4, 2018,
and meets the other applicable
requirements under the CAA.
This final rule is effective on
April 11, 2019.
DATES:
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2017–0621. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
ADDRESSES:
E:\FR\FM\12MRR1.SGM
12MRR1
]]>Agencies
[Federal Register Volume 84, Number 48 (Tuesday, March 12, 2019)]
[Rules and Regulations]
[Pages 8812-8813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04386]
[[Page 8812]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2017-0191; FRL-9990-41-Region 5]
Air Plan Approval; Michigan; Infrastructure SIP Requirements for
the 2012 PM2.5 NAAQS; Multistate Transport
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of the State Implementation Plan (SIP) submission from
Michigan regarding the infrastructure requirements of section 110 of
the Clean Air Act (CAA) for the 2012 annual fine particulate matter
(PM2.5) National Ambient Air Quality Standard (NAAQS or
standard). The infrastructure requirements are designed to ensure that
the structural components of each state's air quality management
program are adequate to meet the state's responsibilities under the
CAA. This action pertains specifically to infrastructure requirements
concerning interstate transport provisions.
DATES: This final rule is effective on April 11, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2017-0191. 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. We recommend
that you telephone Anthony Maietta, Environmental Protection
Specialist, at (312) 353-8777 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8777,
maietta.anthony@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What is being addressed by this document?
II. What comments did we receive on the proposed action?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is being addressed by this document?
On March 23, 2017, the Michigan Department of Environmental Quality
(MDEQ) submitted a request for EPA to approve its infrastructure SIP
for the 2012 annual PM2.5 NAAQS. On November 14, 2018 (83 FR
56777), EPA proposed to approve the portion of the submission dealing
with requirements one and two (otherwise known as ``prongs'' one and
two) of the provision for interstate pollution transport under CAA
section 110(a)(2)(D)(i), also known as the ``good neighbor'' provision
\1\.
---------------------------------------------------------------------------
\1\ There are four prongs to the section 110(a)(2)(D)(i)``good
neighbor'' provision, which are: Prohibit any source or other type
of emissions activity in one state from contributing significantly
to nonattainment of the NAAQS in another state (prong one); prohibit
any source or other type of emissions activity in one state from
interfering with maintenance of the NAAQS in another state (prong
two); prohibit any source or other type of emissions activity in one
state from interfering with measures required to prevent significant
deterioration (PSD) of air quality in another state (prong three);
and protect visibility in another state (prong four).
---------------------------------------------------------------------------
The March 23, 2017 MDEQ submittal included a demonstration that
Michigan's SIP contains sufficient major programs related to the
interstate transport of pollution. Michigan's submittal also included a
technical analysis of its interstate transport of pollution relative to
the 2012 PM2.5 NAAQS that demonstrates that current controls
are adequate for Michigan to show that it meets prongs one and two of
the ``good neighbor'' provision. After review, EPA proposed to approve
Michigan's request relating to prongs one and two of the ``good
neighbor'' provision.
II. What comments did we receive on the proposed action?
Our November 14, 2018 proposed rule provided a 30-day review and
comment period. The comment period closed on December 14, 2018. EPA
received two supportive comments.
III. What action is EPA taking?
In this action, EPA is approving the portion of Michigan's March
23, 2017 submission certifying that the current Michigan SIP is
sufficient to meet the required infrastructure requirements under CAA
section 110(a)(2)(D)(i)(I), specifically prongs one and two, as set
forth above.
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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
[[Page 8813]]
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 13, 2019. 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, Particulate matter, Reporting
and recordkeeping requirements.
Dated: February 21, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
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. In Sec. 52.1170, the table in paragraph (e) under the heading
``Infrastructure'' is amended by revising the entry for ``Section
110(a)(2) Infrastructure Requirements for the 2012 particulate matter
(PM2.5) NAAQS'' to read as follows:
Sec. 52.1170 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name of nonregulatory SIP Applicable geographic or
provision nonattainment area State submittal date EPA approval date Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Infrastructure
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Infrastructure Statewide................. 7/10/2014 and 3/12/2019, [Insert Federal Register Fully approved for all
Requirements for the 2012 3/23/2017................ citation]. CAA elements except the
particulate matter (PM2.5) visibility protection
NAAQS. requirements of
(D)(i)(II).
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[FR Doc. 2019-04386 Filed 3-11-19; 8:45 am]
BILLING CODE 6560-50-P
