Air Plan Approval; Michigan; Part 18 and Part 19 Revisions, 25954-25956 [2021-10044]
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25954
Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2020–0412; FRL–10023–
86–Region 5]
Air Plan Approval; Michigan; Part 18
and Part 19 Revisions
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving Michigan
Department of Environment, Great
Lakes, and Energy (EGLE) promulgated
revisions to its Part 18 Prevention of
Significant Deterioration of Air Quality
rule and the Part 19 New Source Review
for Major Sources Impacting
Nonattainment Areas rule. The revisions
made to Part 18 and Part 19 were
adopted to ensure consistency with
Federal rule language and other parts of
the Michigan air quality rules. The rule
changes are administrative and are
intended to provide clarity to the
already approved rule language.
DATES: This direct final rule is effective
July 12, 2021, unless EPA receives
adverse comments by June 11, 2021. If
adverse comments are received, EPA
will publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2020–0412 at https://
www.regulations.gov or via email to
damico.genevieve@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,
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SUMMARY:
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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:
YeChan Lim, Environmental Engineer,
Air Permits Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–7259, lim.yechan@
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.
I. What action is EPA taking?
On August 5, 2020, EGLE submitted a
revision to its Michigan State
Implementation Plan (SIP). The changes
are administrative and involve wording
changes to ensure consistency across the
Michigan Part 18 and 19 rules, updates
to make the Michigan rules consistent
with Federal requirements, transfer of
adoptions by reference, and corrections
to grammar and typographical errors.
EPA is approving into the Michigan
SIP revisions to Michigan air pollution
control rules Part 18, Prevention of
Significant Deterioration of Air Quality.
Specifically, we are approving revisions
to R 336.2801 ‘‘Definitions’’, R 336.2802
‘‘Applicability’’, R 336.2809
‘‘Exemptions’’, R 336.2810 ‘‘Control
technology review’’, R 336.2813 ‘‘Air
quality analysis’’, R 336.2816 ‘‘Sources
impacting federal class I areas;
additional requirements’’, and R
336.2823 ‘‘Actuals plantwide
applicability limits (PALs)’’. These
revisions were made to ensure
consistency with Federal rule language
and other parts of the Michigan air
quality rules.
EPA is also approving into the
Michigan SIP revisions to Part 19, New
Source Review for Major Sources
Impacting Nonattainment Areas.
Specifically, we are approving revisions
to R 336.2901 ‘‘Definitions’’, R 336.2902
‘‘Applicability’’, R 336.2903
‘‘Additional permit requirements for
sources impacting nonattainment
areas’’, R 336.2907 ‘‘Actuals plant wide
applicability limits or PALs’’, and
R 336.2908 ‘‘Conditions for approval of
a major new source review permit in a
nonattainment area’’. Part 19 was
missing definitions that were in the
corresponding Federal regulations. The
R 336.2901 revisions provided
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definitions for the phrases
‘‘Functionally equivalent component’’
and ‘‘Process Unit’’, along with
revisions to the definition ‘‘Net
emissions increase’’. Additionally,
portions of R 336.2802 and R 336.2902
were based on identical Federal
language, and revisions were made to
ensure consistency in rule interpretation
across both of these rule parts and with
Federal regulations. These revisions
were made to ensure consistency with
Federal rule language and other parts of
the Michigan air quality rules. Finally,
EPA is approving into the Michigan SIP,
the removal of R 336.2901a from Part
19. R 336.2901a, the adoption by
reference, was transferred to Part 9 of
Michigan’s administrative rules. EGLE
also requested the removal of
R 336.2801a from Part 18 of the SIP
however, R 336.2801a was never
approved into the SIP. Therefore, EPA
will not be acting on that request.
We are publishing this action without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
state plan if relevant adverse written
comments are filed. This rule will be
effective July 12, 2021 without further
notice unless we receive relevant
adverse written comments by June 11,
2021. If we receive such comments, we
will withdraw this action before the
effective date by publishing a
subsequent document that will
withdraw the final action. All public
comments received will then be
addressed in a subsequent final rule
based on the proposed action. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. If we do not receive any
comments, this action will be effective
July 12, 2021.
II. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
E:\FR\FM\12MYR1.SGM
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Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Rules and Regulations
51.5, EPA is finalizing the incorporation
by reference of the Michigan
Regulations described in the
amendments to 40 CFR part 52 set forth
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 Clean Air
Act 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
Also in this document, as described in
the amendments to 40 CFR part 52 set
forth below, EPA is removing provisions
of the EPA-Approved Michigan
Regulations and Statutes from the
Michigan SIP, which is incorporated by
reference in accordance with the
requirements of 1 CFR part 51.
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III. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act 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 Clean Air Act. 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
1 62
FR 27968 (May 22, 1997).
VerDate Sep<11>2014
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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 Clean Air Act;
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).
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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by July 12, 2021.
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
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25955
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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2) of the Clean Air Act.)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: May 7, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
For the reasons stated in the
preamble, EPA amends title 40 CFR part
52 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
(c) is amended:
■
a. Under ‘‘Part 18. Prevention of
Significant Deterioration of Air Quality’’
by revising the entries for R 336.2801,
R 336.2802, R 336.2809, R 336.2810, R
336.2813, R 336.2816, and R 336.2823;
and
■
b. Under ‘‘Part 19. New Source
Review for Major Sources Impacting
Nonattainment Areas’’:
■
i. By revising the entries for
R 336.2901, R 336.2902, R 336.2903,
R 336.2907, and R 336.2908; and
■
ii. By removing without replacement
the entry for R 336.2901a.
■
The revisions read as follows:
§ 52.1170
*
*
Identification of plan.
*
(c) * * *
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*
25956
Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Rules and Regulations
EPA-APPROVED MICHIGAN REGULATIONS
Michigan citation
State
effective
date
Title
*
*
*
EPA approval date
*
Comments
*
*
*
*
May 12, 2021, [INSERT Federal
Register CITATION].
May 12, 2021, [INSERT Federal
Register CITATION].
*
*
Part 18. Prevention of Significant Deterioration of Air Quality
R 336.2801 .............
Definitions ....................................
01/02/2019
R 336.2802 .............
Applicability .................................
01/02/2019
*
R 336.2809 .............
*
*
Exemptions ..................................
*
01/02/2019
R 336.2810 .............
Control technology review ...........
01/02/2019
*
R 336.2813 .............
*
*
Air quality analysis ......................
*
01/02/2019
*
May 12, 2021, [INSERT Federal
Register CITATION].
*
*
*
R 336.2816 .............
*
*
Sources impacting federal class I
areas; additional requirements.
*
01/02/2019
*
May 12, 2021, [INSERT Federal
Register CITATION].
*
*
*
R 336.2823 .............
*
Actuals plantwide
limits (PALs).
*
01/02/2019
*
May 12, 2021, [INSERT Federal
Register CITATION].
*
*
*
applicability
May 12, 2021, [INSERT Federal
Register CITATION].
[May 12, 2021, [INSERT Federal
Register CITATION].
Part 19. New Source Review for Major Sources Impacting Nonattainment Areas
R 336.2901 .............
Definitions ....................................
01/02/2019
R 336.2902 .............
Applicability .................................
01/02/2019
R 336.2903 .............
Additional permit requirements
for sources impacting nonattainment areas.
Actuals plant wide applicability
limits or PALs.
Conditions for approval of a
major new source review permit in a nonattainment area.
01/02/2019
R 336.2907 .............
R 336.2908 .............
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
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[EPA–HQ–OPP–2020–0451; FRL–10022–72]
Sodium lauroyl sarcosinate;
Exemption From the Requirement of a
Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of sodium lauroyl
SUMMARY:
16:39 May 11, 2021
01/02/2019
*
[FR Doc. 2021–10044 Filed 5–11–21; 8:45 am]
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Jkt 253001
May 12, 2021, [INSERT Federal
Register CITATION].
May 12, 2021, [INSERT Federal
Register CITATION].
May 12, 2021, [INSERT Federal
Register CITATION].
May 12, 2021, [INSERT Federal
Register CITATION].
May 12, 2021, [INSERT Federal
Register CITATION].
*
*
sarcosinate when used as an inert
ingredient in antimicrobial pesticide
formulations applied to food-contact
surfaces in public eating places, dairyprocessing equipment, and foodprocessing equipment and utensils at an
end-use concentration not to exceed
10,000 parts per million (ppm). Clorox
Services Company representing Clorox
Professional Products Company
submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act
(FFDCA), requesting establishment of an
exemption from the requirement of a
tolerance. This regulation eliminates the
need to establish a maximum
permissible level for residues of sodium
lauroyl sarcosinate when used in
accordance with this exemption.
DATES: This regulation is effective May
12, 2021. Objections and requests for
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*
*
hearings must be received on or before
July 12, 2021, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2020–0451, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
ADDRESSES:
E:\FR\FM\12MYR1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Rules and Regulations]
[Pages 25954-25956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10044]
[[Page 25954]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2020-0412; FRL-10023-86-Region 5]
Air Plan Approval; Michigan; Part 18 and Part 19 Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
Michigan Department of Environment, Great Lakes, and Energy (EGLE)
promulgated revisions to its Part 18 Prevention of Significant
Deterioration of Air Quality rule and the Part 19 New Source Review for
Major Sources Impacting Nonattainment Areas rule. The revisions made to
Part 18 and Part 19 were adopted to ensure consistency with Federal
rule language and other parts of the Michigan air quality rules. The
rule changes are administrative and are intended to provide clarity to
the already approved rule language.
DATES: This direct final rule is effective July 12, 2021, unless EPA
receives adverse comments by June 11, 2021. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0412 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: YeChan Lim, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-7259, [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 action is EPA taking?
On August 5, 2020, EGLE submitted a revision to its Michigan State
Implementation Plan (SIP). The changes are administrative and involve
wording changes to ensure consistency across the Michigan Part 18 and
19 rules, updates to make the Michigan rules consistent with Federal
requirements, transfer of adoptions by reference, and corrections to
grammar and typographical errors.
EPA is approving into the Michigan SIP revisions to Michigan air
pollution control rules Part 18, Prevention of Significant
Deterioration of Air Quality. Specifically, we are approving revisions
to R 336.2801 ``Definitions'', R 336.2802 ``Applicability'', R 336.2809
``Exemptions'', R 336.2810 ``Control technology review'', R 336.2813
``Air quality analysis'', R 336.2816 ``Sources impacting federal class
I areas; additional requirements'', and R 336.2823 ``Actuals plantwide
applicability limits (PALs)''. These revisions were made to ensure
consistency with Federal rule language and other parts of the Michigan
air quality rules.
EPA is also approving into the Michigan SIP revisions to Part 19,
New Source Review for Major Sources Impacting Nonattainment Areas.
Specifically, we are approving revisions to R 336.2901 ``Definitions'',
R 336.2902 ``Applicability'', R 336.2903 ``Additional permit
requirements for sources impacting nonattainment areas'', R 336.2907
``Actuals plant wide applicability limits or PALs'', and R 336.2908
``Conditions for approval of a major new source review permit in a
nonattainment area''. Part 19 was missing definitions that were in the
corresponding Federal regulations. The R 336.2901 revisions provided
definitions for the phrases ``Functionally equivalent component'' and
``Process Unit'', along with revisions to the definition ``Net
emissions increase''. Additionally, portions of R 336.2802 and R
336.2902 were based on identical Federal language, and revisions were
made to ensure consistency in rule interpretation across both of these
rule parts and with Federal regulations. These revisions were made to
ensure consistency with Federal rule language and other parts of the
Michigan air quality rules. Finally, EPA is approving into the Michigan
SIP, the removal of R 336.2901a from Part 19. R 336.2901a, the adoption
by reference, was transferred to Part 9 of Michigan's administrative
rules. EGLE also requested the removal of R 336.2801a from Part 18 of
the SIP however, R 336.2801a was never approved into the SIP.
Therefore, EPA will not be acting on that request.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective July 12, 2021
without further notice unless we receive relevant adverse written
comments by June 11, 2021. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective July
12, 2021.
II. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
[[Page 25955]]
51.5, EPA is finalizing the incorporation by reference of the Michigan
Regulations described in the amendments to 40 CFR part 52 set forth
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 Clean Air
Act 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\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
Also in this document, as described in the amendments to 40 CFR
part 52 set forth below, EPA is removing provisions of the EPA-Approved
Michigan Regulations and Statutes from the Michigan SIP, which is
incorporated by reference in accordance with the requirements of 1 CFR
part 51.
III. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
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 Clean Air Act.
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 Clean Air Act; 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).
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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 12, 2021. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2) of the
Clean Air Act.)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 7, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
For the reasons stated in the preamble, EPA amends title 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 (c) is amended:
0
a. Under ``Part 18. Prevention of Significant Deterioration of Air
Quality'' by revising the entries for R 336.2801, R 336.2802, R
336.2809, R 336.2810, R 336.2813, R 336.2816, and R 336.2823; and
0
b. Under ``Part 19. New Source Review for Major Sources Impacting
Nonattainment Areas'':
0
i. By revising the entries for R 336.2901, R 336.2902, R 336.2903, R
336.2907, and R 336.2908; and
0
ii. By removing without replacement the entry for R 336.2901a.
The revisions read as follows:
Sec. 52.1170 Identification of plan.
* * * * *
(c) * * *
[[Page 25956]]
EPA-Approved Michigan Regulations
----------------------------------------------------------------------------------------------------------------
State
Michigan citation Title effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part 18. Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------
R 336.2801....................... Definitions........ 01/02/2019 May 12, 2021,
[INSERT Federal
Register CITATION].
R 336.2802....................... Applicability...... 01/02/2019 [May 12, 2021,
[INSERT Federal
Register CITATION].
* * * * * * *
R 336.2809....................... Exemptions......... 01/02/2019 May 12, 2021,
[INSERT Federal
Register CITATION].
R 336.2810....................... Control technology 01/02/2019 May 12, 2021,
review. [INSERT Federal
Register CITATION].
* * * * * * *
R 336.2813....................... Air quality 01/02/2019 May 12, 2021,
analysis. [INSERT Federal
Register CITATION].
* * * * * * *
R 336.2816....................... Sources impacting 01/02/2019 May 12, 2021,
federal class I [INSERT Federal
areas; additional Register CITATION].
requirements.
* * * * * * *
R 336.2823....................... Actuals plantwide 01/02/2019 May 12, 2021,
applicability [INSERT Federal
limits (PALs). Register CITATION].
----------------------------------------------------------------------------------------------------------------
Part 19. New Source Review for Major Sources Impacting Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
R 336.2901....................... Definitions........ 01/02/2019 May 12, 2021,
[INSERT Federal
Register CITATION].
R 336.2902....................... Applicability...... 01/02/2019 May 12, 2021,
[INSERT Federal
Register CITATION].
R 336.2903....................... Additional permit 01/02/2019 May 12, 2021,
requirements for [INSERT Federal
sources impacting Register CITATION].
nonattainment
areas.
R 336.2907....................... Actuals plant wide 01/02/2019 May 12, 2021,
applicability [INSERT Federal
limits or PALs. Register CITATION].
R 336.2908....................... Conditions for 01/02/2019 May 12, 2021,
approval of a [INSERT Federal
major new source Register CITATION].
review permit in a
nonattainment area.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-10044 Filed 5-11-21; 8:45 am]
BILLING CODE 6560-50-P
