Air Plan Approval; Michigan; Part 9 Miscellaneous Rule, 15837-15838 [2021-06165]
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Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Proposed Rules
Participation in the Technical
Assistance and Dissemination to
Improve Services and Results for
Children with Disabilities program is
voluntary. For this reason, the proposed
priorities would impose no burden on
small entities unless they applied for
funding under the program. We expect
that in determining whether to apply for
Technical Assistance and Dissemination
to Improve Services and Results for
Children with Disabilities program
funds, an eligible entity would evaluate
the requirements of preparing an
application and any associated costs,
and weigh them against the benefits
likely to be achieved by receiving a
Technical Assistance and Dissemination
to Improve Services and Results for
Children with Disabilities program
grant. An eligible entity would probably
apply only if it determines that the
likely benefits exceed the costs of
preparing an application.
We believe that the proposed
priorities would not impose any
additional burden on a small entity
applying for a grant than the entity
would face in the absence of the
proposed action. That is, the length of
the applications those entities would
submit in the absence of the proposed
regulatory action and the time needed to
prepare an application would likely be
the same.
This proposed regulatory action
would not have a significant economic
impact on a small entity once it receives
a grant because it would be able to meet
the costs of compliance using the funds
provided under this program. We invite
comments from eligible small entities as
to whether they believe this proposed
regulatory action would have a
significant economic impact on them
and, if so, request evidence to support
that belief.
Intergovernmental Review: This
program is subject to Executive Order
12372 and the regulations in 34 CFR
part 79. One of the objectives of the
Executive order is to foster an
intergovernmental partnership and a
strengthened federalism. The Executive
order relies on processes developed by
State and local governments for
coordination and review of proposed
Federal financial assistance.
This document provides early
notification of our specific plans and
actions for this program.
Accessible Format: On request to the
program contact person listed under FOR
FURTHER INFORMATION CONTACT,
individuals with disabilities can obtain
this document and a copy of the
application package in an accessible
format. The Department will provide the
requestor with an accessible format that
VerDate Sep<11>2014
17:19 Mar 24, 2021
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David Cantrell,
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the functions and duties of the Assistant
Secretary for the Office of Special Education
and Rehabilitative Services.
[FR Doc. 2021–06264 Filed 3–23–21; 4:15 pm]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2020–0729; FRL–10021–
69–Region 5]
Air Plan Approval; Michigan; Part 9
Miscellaneous Rule
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to Michigan’s State
Implementation Plan (SIP). The
submittal, by the Michigan Department
of Environment, Great Lakes, and
Energy (EGLE) on December 18, 2020,
incorporates administrative changes to
Michigan’s Air Pollution Control Rules,
Part 9, ‘‘Emissions Limitations and
Prohibitions—Miscellaneous’’. This
revision will continue with the
consolidation of all the adoption by
reference materials used by EGLE in
other rules in Michigan’s SIP into one
location in Part 9.
DATES: Comments must be received on
or before April 26, 2021.
SUMMARY:
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
15837
Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2020–0729 at https://
www.regulations.gov or via email to
blakley.pamela@epa.gov. 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
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Charles Hatten, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6031,
hatten.charles@epa.gov. 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.
ADDRESSES:
I. What did EGLE submit?
On December 18, 2020, EGLE
submitted to EPA a request to revise
Michigan’s Air Pollution Control Rules,
Part 9. Specifically, the state requested
that we approve a revision to R
336.1902, Adoption of standards by
reference. The current SIP-approved
version of R 336.1902 includes material
that is adopted by reference and is cited
by EGLE in other SIP-approved rules.
The adopted by reference materials
include, but are not limited to, the Code
of Federal Regulations, emission test
methods, and other technical
E:\FR\FM\25MRP1.SGM
25MRP1
15838
Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Proposed Rules
documents. On March 30, 2018 (83 FR
30571), EPA approved the consolidation
of adopted by reference materials in Part
9, R 336.1902 into the Michigan SIP.
II. EPA’s Analysis of EGLE’s Submittal
In the December 18, 2020 submission,
EGLE revised R 336.1902 to include
additional reference materials to
maintain consistency between rules
contained in the SIP and Michigan’s Air
Pollution Control Rules. The changes to
Part 9 are administrative, revising R
336.1902 to include more adoption by
reference material aforementioned by
adding the following subrules to R
336.1902: (1)(b)(ii), (1)(b)(vi), (1)(o),
(1)(o)(vi), (1)(r) to (u), (2)(d), (3)(b), (4)(g)
to (k), (6)(a) to (d), and (10) (See tables
1–14 of EGLE’s submission for details).
Also, the changes to R 336.1902 reflect
the most up-to-date version of the
materials adopted by reference currently
approved in Michigan’s SIP.
Section 110(l) Analysis of the State’s
Submittal
EPA is proposing to approve the
revision to Part 9, as discussed above
because it meets all applicable
requirements under the Clean Air Act
(CAA). Furthermore, EGLE has shown
that the revision to Part 9 does not
interfere with any applicable
requirement concerning attainment and
reasonable further progress or any other
applicable CAA requirement, consistent
with section 110(l) of the CAA.
Under Section 110(l) of the CAA, EPA
shall not approve a SIP revision if it
would interfere with any applicable
requirement concerning attainment and
reasonable further progress (as defined
in section 171 of the CAA) or any other
applicable requirement of the CAA. The
proposed SIP revision will not interfere
with any applicable CAA requirements
based on the technical analysis
submitted by EGLE. In Part 9, R
336.1902 contains materials that are
adopted by reference and are strictly
administrative in nature. Thus, the
revision will have no effect on actual or
allowable emissions.
III. What action is EPA taking?
EPA is proposing to approve the
revision to Part 9 into Michigan’s SIP,
as submitted on December 18, 2020.
IV. Incorporation by Reference
In this rule, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
Michigan’s Air Pollution Control Rules,
Chapter 336, Part 9, R 336.1902
VerDate Sep<11>2014
17:19 Mar 24, 2021
Jkt 253001
‘‘Adoption by reference’’, effective on
November 18, 2018. 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).
V. 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
PO 00000
Frm 00039
Fmt 4702
Sfmt 4702
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: March 22, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021–06165 Filed 3–24–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2020–0386; FRL–10021–
70–Region 5]
Air Plan Approval; Indiana; Monitoring
Requirements
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to Indiana’s State
Implementation Plan (SIP) to address
changes to its air emissions monitoring
rules for Portland cement plants.
Indiana revised its rules for Portland
cement plants to update the monitoring
of particulate matter (PM) emissions to
allow the use an additional monitoring
method. This additional monitoring
option is consistent with EPA’s recent
revisions to Federal requirements for
Portland cement plants.
DATES: Comments must be received on
or before April 26, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2020–0386 at https://
www.regulations.gov, or via email to
blakley.pamela@epa.gov. 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.
SUMMARY:
E:\FR\FM\25MRP1.SGM
25MRP1
Agencies
[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Proposed Rules]
[Pages 15837-15838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06165]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2020-0729; FRL-10021-69-Region 5]
Air Plan Approval; Michigan; Part 9 Miscellaneous Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to Michigan's State Implementation Plan (SIP). The
submittal, by the Michigan Department of Environment, Great Lakes, and
Energy (EGLE) on December 18, 2020, incorporates administrative changes
to Michigan's Air Pollution Control Rules, Part 9, ``Emissions
Limitations and Prohibitions--Miscellaneous''. This revision will
continue with the consolidation of all the adoption by reference
materials used by EGLE in other rules in Michigan's SIP into one
location in Part 9.
DATES: Comments must be received on or before April 26, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0729 at https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6031, [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 did EGLE submit?
On December 18, 2020, EGLE submitted to EPA a request to revise
Michigan's Air Pollution Control Rules, Part 9. Specifically, the state
requested that we approve a revision to R 336.1902, Adoption of
standards by reference. The current SIP-approved version of R 336.1902
includes material that is adopted by reference and is cited by EGLE in
other SIP-approved rules. The adopted by reference materials include,
but are not limited to, the Code of Federal Regulations, emission test
methods, and other technical
[[Page 15838]]
documents. On March 30, 2018 (83 FR 30571), EPA approved the
consolidation of adopted by reference materials in Part 9, R 336.1902
into the Michigan SIP.
II. EPA's Analysis of EGLE's Submittal
In the December 18, 2020 submission, EGLE revised R 336.1902 to
include additional reference materials to maintain consistency between
rules contained in the SIP and Michigan's Air Pollution Control Rules.
The changes to Part 9 are administrative, revising R 336.1902 to
include more adoption by reference material aforementioned by adding
the following subrules to R 336.1902: (1)(b)(ii), (1)(b)(vi), (1)(o),
(1)(o)(vi), (1)(r) to (u), (2)(d), (3)(b), (4)(g) to (k), (6)(a) to
(d), and (10) (See tables 1-14 of EGLE's submission for details). Also,
the changes to R 336.1902 reflect the most up-to-date version of the
materials adopted by reference currently approved in Michigan's SIP.
Section 110(l) Analysis of the State's Submittal
EPA is proposing to approve the revision to Part 9, as discussed
above because it meets all applicable requirements under the Clean Air
Act (CAA). Furthermore, EGLE has shown that the revision to Part 9 does
not interfere with any applicable requirement concerning attainment and
reasonable further progress or any other applicable CAA requirement,
consistent with section 110(l) of the CAA.
Under Section 110(l) of the CAA, EPA shall not approve a SIP
revision if it would interfere with any applicable requirement
concerning attainment and reasonable further progress (as defined in
section 171 of the CAA) or any other applicable requirement of the CAA.
The proposed SIP revision will not interfere with any applicable CAA
requirements based on the technical analysis submitted by EGLE. In Part
9, R 336.1902 contains materials that are adopted by reference and are
strictly administrative in nature. Thus, the revision will have no
effect on actual or allowable emissions.
III. What action is EPA taking?
EPA is proposing to approve the revision to Part 9 into Michigan's
SIP, as submitted on December 18, 2020.
IV. Incorporation by Reference
In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Michigan's Air Pollution Control Rules, Chapter 336, Part 9,
R 336.1902 ``Adoption by reference'', effective on November 18, 2018.
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).
V. 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: March 22, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021-06165 Filed 3-24-21; 8:45 am]
BILLING CODE 6560-50-P