Air Plan Approval; Michigan; Partial Approval and Partial Disapproval for Infrastructure SIP Requirements for the 2015 Ozone NAAQS, 53550-53552 [2021-20794]
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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations
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Dated: September 10, 2021.
Sarah Cudahy,
General Counsel.
[FR Doc. 2021–19906 Filed 9–27–21; 8:45 am]
BILLING CODE 6732–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2019–0215; FRL–8999–02–
R5]
Air Plan Approval; Michigan; Partial
Approval and Partial Disapproval for
Infrastructure SIP Requirements for
the 2015 Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is partially approving and
partially disapproving elements of a
State Implementation Plan (SIP)
submission from Michigan regarding the
infrastructure requirements of section
110 of the Clean Air Act (CAA) for the
SUMMARY:
VerDate Sep<11>2014
15:51 Sep 27, 2021
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2015 ozone National Ambient Air
Quality Standards (NAAQS). 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. The
disapproval portion of this action does
not begin a new Federal Implementation
Plan (FIP) clock, because the FIPs are
already in place. EPA proposed to
approve this action on Friday, July 2,
2021 and received no adverse
comments.
DATES: This final rule is effective on
October 28, 2021.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2019–0215. 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 Olivia
Davidson, Environmental Scientist, at
(312) 886–0266 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Olivia Davidson, Environmental
Scientist, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–0266,
davidson.olivia@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background Information
On July 2, 2021, EPA proposed to
approve most elements and disapprove
an element of a submission from the
Michigan Department of Environment,
Great Lakes, and Energy (EGLE)
certifying that its current SIP is
sufficient to meet the required
infrastructure elements under sections
110(a)(1) and (2) for the 2015 ozone
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
NAAQS (86 FR 35247). 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
August 2, 2021.
During the comment period, EPA
received two comments on the proposed
rule. The first comment was in support
of the action, and a second comment
was submitted by the New Jersey
Department of Environmental Protection
(NJDEP) pertaining to the prong 4
visibility requirements portion of which
EPA is disapproving. EPA does not
believe the comment received from
NJDEP pertains to this action. At the
time of submittal, EGLE referenced their
five-year progress report from the first
planning period approved on June 1,
2018 (83 FR 25375) which cites the
regional haze FIP currently in place to
show compliance with the Regional
Haze Program, approved April 12, 2016
(81 FR 21672). The comment addressed
an emission source affecting a Federal
Class I area in New Jersey and asked
that EPA consider the source’s
contribution to visibility degradation in
future actions. Further, EPA received an
email identifying a small typographical
error in the table at the end of the
proposed rulemaking identifying which
elements we are approving,
disapproving, or not taking action on.
The table incorrectly stated that EPA
was approving 110(a)(2)(D)(1)–(2),
referred to as prong 1 and prong 2,
interstate transport with significant
contribution to nonattainment and
interference with maintenance,
respectively. The table is corrected in
this action to reflect taking no action on
said transport requirements. EPA will
take action on those portions in a
separate rulemaking. 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 this action
and therefore not adverse to this action.
The comments lack the required
specificity to the proposed SIP revision
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 on the SIP submission
from what EPA proposed. Therefore, we
are finalizing our action as proposed.
II. Final Action
EPA is approving most elements and
disapproving an element of a March 8,
2019 submission from EGLE certifying
that its current SIP is sufficient to meet
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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations
the required infrastructure elements
under sections 110(a)(1) and (2) for the
2015 ozone NAAQS. The disapproved
prong 4 does not begin a new FIP clock,
as FIPs are already in place in response
to those deficiencies.
EPA’s actions for the state’s
satisfaction of infrastructure SIP
requirements, by element of section
110(a)(2) are contained in the table
below.
Element
2015 ozone
(A)—Emission limits and other control measures ...............................................................................................................................
(B)—Ambient air quality monitoring/data system ................................................................................................................................
(C)1—Program for enforcement of control measures .........................................................................................................................
(C)2—Minor NSR .................................................................................................................................................................................
(C)3—PSD ...........................................................................................................................................................................................
(D)1—I Prong 1: Interstate transport—significant contribution to nonattainment ...............................................................................
(D)2—I Prong 2: Interstate transport—interference with maintenance ...............................................................................................
(D)3—II Prong 3: Interstate transport—interference with PSD ...........................................................................................................
(D)4—II Prong 4: Interstate transport—interference with visibility protection .....................................................................................
(D)5—Interstate and international pollution abatement .......................................................................................................................
(E)1—Adequate resources ..................................................................................................................................................................
(E)2—State board requirements ..........................................................................................................................................................
(F)—Stationary source monitoring system ..........................................................................................................................................
(G)—Emergency powers .....................................................................................................................................................................
(H)—Future SIP revisions ....................................................................................................................................................................
(I)—Nonattainment planning requirements of part D ..........................................................................................................................
(J)1—Consultation with government officials ......................................................................................................................................
(J)2—Public notification .......................................................................................................................................................................
(J)3—PSD ............................................................................................................................................................................................
(J)4—Visibility protection .....................................................................................................................................................................
(K)—Air quality modeling/data .............................................................................................................................................................
(L)—Permitting fees .............................................................................................................................................................................
(M)—Consultation/participation by affected local entities ...................................................................................................................
In the above table, the key is as
follows:
A ......
D .......
NA ....
* .......
Approve.
Disapprove.
No Action/Separate Rulemaking.
Not germane to infrastructure SIPs.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
VerDate Sep<11>2014
15:51 Sep 27, 2021
Jkt 253001
• 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
PO 00000
Frm 00017
Fmt 4700
53551
Sfmt 4700
A
A
A
A
A
NA
NA
A
D
A
A
NA
A
A
A
*
A
A
A
*
A
A
A
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 November 29,
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. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements.
entry for ‘‘Section 110(a)(2)
Infrastructure Requirements for the 2012
particulate matter (PM2.5) NAAQS’’ to
read as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
§ 52.1170
*
Authority: 42 U.S.C. 7401 et seq.
Dated: September 15, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
2. In § 52.1170, the table in paragraph
(e) is amended by adding an entry for
‘‘Section 110(a)(2) infrastructure
requirements for the 2015 ozone
NAAQS’’ immediately following the
■
For the reasons stated in the
preamble, EPA amends title 40 CFR part
52 as follows:
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 2015 ozone
NAAQS.
*
*
*
*
Statewide ..........
*
*
*
*
*
[FR Doc. 2021–20794 Filed 9–27–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0726; FRL–8939–02–
R4]
Air Plan Approval; North Carolina;
Mecklenburg Miscellaneous Rules
Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a State Implementation Plan
(SIP) revision to the Mecklenburg
County portion of the North Carolina
SIP, hereinafter referred to as the
Mecklenburg Local Implementation
Plan (LIP). The revision was submitted
by the State of North Carolina, through
the North Carolina Division of Air
Quality (NCDAQ), on behalf of
Mecklenburg County Air Quality
SUMMARY:
VerDate Sep<11>2014
15:51 Sep 27, 2021
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*
3/8/2019
*
9/28/2021, [INSERT Federal Register CITATION].
*
*
(MCAQ) via a letter dated April 24,
2020, and was received by EPA on June
19, 2020. The revision updates several
Mecklenburg County Air Pollution
Control Ordinance (MCAPCO) rules
incorporated into the LIP. EPA is
finalizing these changes pursuant to the
Clean Air Act (CAA or Act).
DATES: This rule is effective October 28,
2021.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2020–0726. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information 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 electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
PO 00000
Frm 00018
Fmt 4700
*
*
Approved
CAA
elements:
110(a)(2)(A), (B), (C), (D)(i)(II)
Prong 3, D(ii), (F), (G), (H), (J),
(K), (L), and (M). Disapproved
CAA element 110(a)(2)(D)(i)(II)
Prong 4. No action on CAA element 110(a)(2)(D)(i)(I).
Sfmt 4700
*
*
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Evan Adams, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
9009. Mr. Adams can also be reached
via electronic mail at adams.evan@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In a notice of proposed rulemaking
(NPRM) published on July 2, 2021 (86
FR 35244), EPA proposed to approve
changes to several rules in the
Mecklenburg County LIP. The April 24,
2020, submittal includes changes and
updates to the following rules to more
closely align them with their analog SIP-
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]]>Agencies
[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Rules and Regulations]
[Pages 53550-53552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20794]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2019-0215; FRL-8999-02-R5]
Air Plan Approval; Michigan; Partial Approval and Partial
Disapproval for Infrastructure SIP Requirements for the 2015 Ozone
NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is partially
approving and partially disapproving elements of a State Implementation
Plan (SIP) submission from Michigan regarding the infrastructure
requirements of section 110 of the Clean Air Act (CAA) for the 2015
ozone National Ambient Air Quality Standards (NAAQS). 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. The disapproval
portion of this action does not begin a new Federal Implementation Plan
(FIP) clock, because the FIPs are already in place. EPA proposed to
approve this action on Friday, July 2, 2021 and received no adverse
comments.
DATES: This final rule is effective on October 28, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2019-0215. 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 Olivia
Davidson, Environmental Scientist, at (312) 886-0266 before visiting
the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Olivia Davidson, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-0266,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On July 2, 2021, EPA proposed to approve most elements and
disapprove an element of a submission from the Michigan Department of
Environment, Great Lakes, and Energy (EGLE) certifying that its current
SIP is sufficient to meet the required infrastructure elements under
sections 110(a)(1) and (2) for the 2015 ozone NAAQS (86 FR 35247). 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 August 2,
2021.
During the comment period, EPA received two comments on the
proposed rule. The first comment was in support of the action, and a
second comment was submitted by the New Jersey Department of
Environmental Protection (NJDEP) pertaining to the prong 4 visibility
requirements portion of which EPA is disapproving. EPA does not believe
the comment received from NJDEP pertains to this action. At the time of
submittal, EGLE referenced their five-year progress report from the
first planning period approved on June 1, 2018 (83 FR 25375) which
cites the regional haze FIP currently in place to show compliance with
the Regional Haze Program, approved April 12, 2016 (81 FR 21672). The
comment addressed an emission source affecting a Federal Class I area
in New Jersey and asked that EPA consider the source's contribution to
visibility degradation in future actions. Further, EPA received an
email identifying a small typographical error in the table at the end
of the proposed rulemaking identifying which elements we are approving,
disapproving, or not taking action on. The table incorrectly stated
that EPA was approving 110(a)(2)(D)(1)-(2), referred to as prong 1 and
prong 2, interstate transport with significant contribution to
nonattainment and interference with maintenance, respectively. The
table is corrected in this action to reflect taking no action on said
transport requirements. EPA will take action on those portions in a
separate rulemaking. 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 this
action and therefore not adverse to this action. The comments lack the
required specificity to the proposed SIP revision 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 on the SIP submission from what EPA proposed.
Therefore, we are finalizing our action as proposed.
II. Final Action
EPA is approving most elements and disapproving an element of a
March 8, 2019 submission from EGLE certifying that its current SIP is
sufficient to meet
[[Page 53551]]
the required infrastructure elements under sections 110(a)(1) and (2)
for the 2015 ozone NAAQS. The disapproved prong 4 does not begin a new
FIP clock, as FIPs are already in place in response to those
deficiencies.
EPA's actions for the state's satisfaction of infrastructure SIP
requirements, by element of section 110(a)(2) are contained in the
table below.
------------------------------------------------------------------------
Element 2015 ozone
------------------------------------------------------------------------
(A)--Emission limits and other control measures......... A
(B)--Ambient air quality monitoring/data system......... A
(C)1--Program for enforcement of control measures....... A
(C)2--Minor NSR......................................... A
(C)3--PSD............................................... A
(D)1--I Prong 1: Interstate transport--significant NA
contribution to nonattainment..........................
(D)2--I Prong 2: Interstate transport--interference with NA
maintenance............................................
(D)3--II Prong 3: Interstate transport--interference A
with PSD...............................................
(D)4--II Prong 4: Interstate transport--interference D
with visibility protection.............................
(D)5--Interstate and international pollution abatement.. A
(E)1--Adequate resources................................ A
(E)2--State board requirements.......................... NA
(F)--Stationary source monitoring system................ A
(G)--Emergency powers................................... A
(H)--Future SIP revisions............................... A
(I)--Nonattainment planning requirements of part D...... *
(J)1--Consultation with government officials............ A
(J)2--Public notification............................... A
(J)3--PSD............................................... A
(J)4--Visibility protection............................. *
(K)--Air quality modeling/data.......................... A
(L)--Permitting fees.................................... A
(M)--Consultation/participation by affected local A
entities...............................................
------------------------------------------------------------------------
In the above table, the key is as follows:
A............................... Approve.
D............................... Disapprove.
NA.............................. No Action/Separate Rulemaking.
*............................... Not germane to infrastructure SIPs.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because 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 November 29, 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. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
[[Page 53552]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements.
Dated: September 15, 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 (e) is amended by adding an
entry for ``Section 110(a)(2) infrastructure requirements for the 2015
ozone NAAQS'' immediately following 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
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State EPA approval date Comments
provision nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Infrastructure
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) infrastructure Statewide.......... 3/8/2019 9/28/2021, [INSERT Approved CAA
requirements for the 2015 ozone Federal Register elements:
NAAQS. CITATION]. 110(a)(2)(A), (B),
(C), (D)(i)(II)
Prong 3, D(ii),
(F), (G), (H),
(J), (K), (L), and
(M). Disapproved
CAA element
110(a)(2)(D)(i)(II
) Prong 4. No
action on CAA
element
110(a)(2)(D)(i)(I)
.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-20794 Filed 9-27-21; 8:45 am]
BILLING CODE 6560-50-P
