Air Plan Approval; Michigan; Finding of Failure To Attain the 2010 Sulfur Dioxide Primary National Ambient Air Quality Standard for the Detroit Nonattainment Area, 4501-4503 [2022-00607]
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Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Rules and Regulations
Regulatory Flexibility Act
This rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). The State’s submittal, which is
the subject of this rule, is based upon
corresponding Federal regulations for
which an economic analysis was
prepared and certification made that
such regulations would not have a
significant economic effect upon a
substantial number of small entities. In
making the determination as to whether
this rule would have a significant
economic impact, the Department relied
upon the data and assumptions for the
corresponding Federal regulations.
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule: (a) Does not have an annual
effect on the economy of $100 million;
(b) will not cause a major increase in
Original amendment
submission date
*
February 8, 2019 .........
required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not
required.
List of Subjects in 30 CFR Part 925
Intergovernmental relations, Surface
mining, Underground mining.
Alfred L. Clayborne,
Regional Director, DOI Unified Region 3, 4
and 6.
For the reasons set out in the
preamble, 30 CFR part 925 is amended
as set forth below:
PART 925—MISSOURI
This rule does not impose an
unfunded mandate on State, local, or
Tribal governments, or the private sector
of more than $100 million per year. The
rule does not have a significant or
unique effect on State, local, or Tribal
governments or the private sector. This
determination is based on an analysis of
the corresponding Federal regulations,
which were determined not to impose
an unfunded mandate. Therefore, a
statement containing the information
1. The authority citation for part 925
continues to read as follows:
■
Authority: 30 U.S.C. 1201 et seq.
2. In § 925.15 amend the table by
adding an entry for ‘‘February 8, 2019’’
in chronological order by ‘‘Date of final
publication’’ to read as follows:
■
§ 925.15 Approval of Missouri regulatory
program amendments.
*
*
*
*
*
Citation/description
*
*
*
*
*
*
January 28, 2022 ........ 10 CSR 40–3.060; 40–3.170; 40–3.180; 40–3.190; 40–3.200; 40–3.210; 40–3.220; 40–3.230;
40–3.240; 40–3.250; 40–3.260; 40–3.270; 40–3.280; 40–3.290; 40–3.300; 40–3.310; 40–
4.020; 40–4.040; 40–4.060; 40–4.070; 40–6.100; 40–6.110; 40–6.120.
BILLING CODE 4310–05–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2021–0451; FRL–9166–02–
R5]
Air Plan Approval; Michigan; Finding
of Failure To Attain the 2010 Sulfur
Dioxide Primary National Ambient Air
Quality Standard for the Detroit
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is determining that the
Detroit sulfur dioxide (SO2)
nonattainment area failed to attain the
2010 primary 1-hour SO2 national
ambient air quality standard (NAAQS or
‘‘standard’’) by the applicable
attainment date of October 4, 2018. This
determination is based upon air quality
modeling using actual and allowable
SUMMARY:
jspears on DSK121TN23PROD with RULES1
Unfunded Mandates Reform Act
Date of final
publication
[FR Doc. 2022–01667 Filed 1–27–22; 8:45 am]
VerDate Sep<11>2014
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; and (c) does not
have significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises. This
determination is based on an analysis of
the corresponding Federal regulations,
which were determined not to
constitute a major rule.
4501
16:18 Jan 27, 2022
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emissions. This action requires the State
of Michigan to submit one year after
date of publication in the Federal
Register a revision to its State
Implementation Plan (SIP) that, among
other elements, provides for expeditious
attainment of the 2010 SO2 standard.
EPA is not finalizing the finding of
failure to attain for the Rhinelander,
Wisconsin area that was included in the
notice of proposed rulemaking (NPRM),
as a finding of failure to attain only
applies to nonattainment areas and EPA
expects to redesignate the area to
attainment before the effective date of
this action.
DATES: This final rule is effective on
February 28, 2022.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2021–0451. 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
PO 00000
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Fmt 4700
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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 Abigail
Teener, Environmental Engineer, at
(312) 353–7314 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Abigail Teener, Environmental
Engineer, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 353–7314, teener.abigail@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background Information
On October 27, 2021 (86 FR 59327),
EPA proposed to determine that the
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Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Rules and Regulations
Detroit SO2 nonattainment area failed to
attain the 2010 primary 1-hour SO2
national ambient air quality standard
NAAQS by the applicable attainment
date of October 4, 2018. The background
for this action is discussed in detail in
the NPRM. EPA is not finalizing the
finding of failure to attain for the
Rhinelander, Wisconsin, area that was
included in the NPRM, as a finding of
failure to attain only applies to
nonattainment areas and EPA expects to
redesignate the area to attainment before
the effective date of this action.
The determination of failure to attain
for the Detroit area was based on air
quality dispersion modeling, using
actual and allowable emissions from the
most recent three complete calendar
years, prior to the attainment date of
October 4, 2018. The NPRM describes
EPA’s modeling requirements to support
attainment demonstrations as well as
various features of the model that EPA
used to make its determination of failure
to attain. For an area to attain the 2010
SO2 NAAQS by the October 4, 2018,
attainment date, the design value based
upon modeled actual and allowable air
quality data from 2015–2017 at the area
of maximum ambient SO2 concentration
must be equal to or less than 75 parts
per billion (ppb) for the 1-hour
standard. EPA’s modeling analysis
indicates that the highest predicted 3year average 99th percentile 1-hour
average concentration within the chosen
modeling domain is 139 ppb. Therefore,
based on modeled actual and allowable
emissions for the 2015–2017 period,
EPA is determining that the Detroit area
failed to attain the 2010 1-hour SO2
standard by the October 4, 2018,
attainment date.
Under Clean Air Act (CAA) section
179(d), a finding of failure to attain
requires a state to submit, no later than
one year after the publication date of the
final action, a SIP revision for the area
meeting the requirements of CAA
sections 110 and 172, the latter of which
requires, among other elements, a
demonstration of attainment within the
time period specified in CAA sections
179(d)(3) and 172(a)(2). Therefore, this
action requires Michigan to submit a SIP
revision by January 30, 2023, per section
179(d). Regardless, as discussed in the
NPRM, EPA’s obligation to promulgate
a Federal implementation plan (FIP) for
the Detroit area remains in force, and
EPA is actively working on a FIP.
II. Public Comments
The proposed action described above
provided a public comment period that
closed on November 26, 2021. EPA
received no comments on the proposed
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16:18 Jan 27, 2022
Jkt 256001
finding of failure to attain for the Detroit
area.
III. What action is EPA taking?
EPA is determining under CAA
section 179(c)(1) that the Detroit area
failed to attain the 2010 1-hour SO2
standard by the applicable attainment
date of October 4, 2018. This action
requires Michigan under CAA section
179(d) to submit a revision to the SIP for
the Detroit SO2 nonattainment area. The
required SIP revision must, among other
elements, demonstrate expeditious
attainment of the standards within the
time period prescribed by CAA section
179(d). The SIP revision required under
CAA section 179(d) is due for submittal
to EPA no later January 30, 2023. EPA
is not finalizing the finding of failure to
attain for the Rhinelander, Wisconsin
area that was included in the NPRM, as
a finding of failure to attain only applies
to nonattainment areas and EPA expects
to redesignate the area to attainment
before the effective date of this action.
IV. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive orders can be
found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review, and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and therefore was not
submitted to the Office of Management
and Budget (OMB) for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
provisions of the PRA because it does
not contain any information collection
activities.
C. Regulatory Flexibility Act (RFA)
EPA certifies that this action will not
have a significant economic impact on
a substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities. This action requires the state to
adopt and submit SIP revisions to
satisfy CAA requirements and would
not itself directly regulate any small
entities.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate of $100 million or
more, as described in UMRA (2 U.S.C.
1531–1538) and does not significantly
or uniquely affect small governments.
PO 00000
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Fmt 4700
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This action itself imposes no
enforceable duty on any state, local, or
tribal governments, or the private sector.
This action determines that the Detroit
SO2 nonattainment area failed to attain
the NAAQS by the applicable
attainment date and triggers existing
statutory timeframes for the State to
submit SIP revisions. Such a
determination in and of itself does not
impose any Federal intergovernmental
mandate.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the National
Government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
F. Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175. The finding of failure to
attain the SO2 NAAQS does not apply
to tribal areas, and the action does not
impose a burden on Indian reservation
lands or other areas where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction within the Detroit
SO2 nonattainment area. Thus, this
action 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.
G. Executive Order 13045, Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets Executive Order 13045
as applying only to those regulatory
actions that concern environmental
health or safety risks that EPA has
reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive order. This action is not
subject to Executive Order 13045
because the effect of this action does not
trigger additional planning requirements
under the CAA. This action does not
establish an environmental standard
intended to mitigate health or safety
risks.
H. Executive Order 13211, Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
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Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Rules and Regulations
I. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
EPA believes that this action does not
have disproportionately high and
adverse human health or environmental
effects on minority populations, lowincome populations and/or indigenous
peoples, as specified in Executive Order
12898 (59 FR 7629, February 16, 1994).
The effect of this action triggers
additional planning requirements under
the CAA.
K. Congressional Review Act (CRA)
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).
L. Petitions for Judicial Review
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 March 29, 2022. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review, does not
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,
Sulfur oxides.
Dated: January 6, 2022.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the
preamble, EPA amends 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
(e) is amended by adding an entry for
‘‘Determination of failure to attain the
2010 SO2 standard’’ immediately after
the entry for ‘‘2010 Sulfur Dioxide Clean
Data Determination’’ to read as follows:
■
§ 52.1170
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED MICHIGAN NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Name of nonregulatory
SIP provision
*
Determination of failure
to attain the 2010 SO2
standard.
*
State
submittal
date
Applicable geographic
or nonattainment area
*
Detroit area (Wayne
County, part).
*
*
....................
EPA approval date
*
1/28/2022, [INSERT
FEDERAL REGISTER CITATION].
*
[FR Doc. 2022–00607 Filed 1–27–22; 8:45 am]
BILLING CODE 6560–50–P
*
Comments
*
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R09–OAR–2021–0261; FRL–8969–02–
R9]
Partial Approval and Partial
Disapproval of Air Quality
Implementation Plans and
Determination of Attainment by the
Attainment Date; California; San
Joaquin Valley Serious Area and
Section 189(d) Plan for Attainment of
the 1997 24-hour PM2.5 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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*
*
Triggers requirements of CAA section 179(d) for
the State of Michigan to submit by January 30,
2023, a revision to its SIP for the Detroit area
that, among other elements, provides for expeditious attainment of the 2010 SO2 standard
within the time period specified in CAA sections 179(d)(3) and 172(a)(2).
Sfmt 4700
*
*
The Environmental Protection
Agency (EPA) is taking final action to
approve in part and disapprove in part
portions of state implementation plan
(SIP) revisions submitted by California
to address Clean Air Act (CAA)
requirements for the 1997 24-hour fine
particulate matter (PM2.5) national
ambient air quality standards (NAAQS
or ‘‘standards’’) in the San Joaquin
Valley PM2.5 nonattainment area.
Specifically, the EPA is approving all
but the contingency measures element
of the submitted SIP revisions as
meeting all applicable ‘‘Serious’’ area
and CAA section 189(d) requirements
for the 1997 24-hour PM2.5 NAAQS and
is disapproving the contingency
measures element. The EPA is also
SUMMARY:
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]]>Agencies
[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Rules and Regulations]
[Pages 4501-4503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00607]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2021-0451; FRL-9166-02-R5]
Air Plan Approval; Michigan; Finding of Failure To Attain the
2010 Sulfur Dioxide Primary National Ambient Air Quality Standard for
the Detroit Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is determining that
the Detroit sulfur dioxide (SO2) nonattainment area failed
to attain the 2010 primary 1-hour SO2 national ambient air
quality standard (NAAQS or ``standard'') by the applicable attainment
date of October 4, 2018. This determination is based upon air quality
modeling using actual and allowable emissions. This action requires the
State of Michigan to submit one year after date of publication in the
Federal Register a revision to its State Implementation Plan (SIP)
that, among other elements, provides for expeditious attainment of the
2010 SO2 standard. EPA is not finalizing the finding of
failure to attain for the Rhinelander, Wisconsin area that was included
in the notice of proposed rulemaking (NPRM), as a finding of failure to
attain only applies to nonattainment areas and EPA expects to
redesignate the area to attainment before the effective date of this
action.
DATES: This final rule is effective on February 28, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2021-0451. 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 Abigail
Teener, Environmental Engineer, at (312) 353-7314 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Abigail Teener, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-7314,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background Information
On October 27, 2021 (86 FR 59327), EPA proposed to determine that
the
[[Page 4502]]
Detroit SO2 nonattainment area failed to attain the 2010
primary 1-hour SO2 national ambient air quality standard
NAAQS by the applicable attainment date of October 4, 2018. The
background for this action is discussed in detail in the NPRM. EPA is
not finalizing the finding of failure to attain for the Rhinelander,
Wisconsin, area that was included in the NPRM, as a finding of failure
to attain only applies to nonattainment areas and EPA expects to
redesignate the area to attainment before the effective date of this
action.
The determination of failure to attain for the Detroit area was
based on air quality dispersion modeling, using actual and allowable
emissions from the most recent three complete calendar years, prior to
the attainment date of October 4, 2018. The NPRM describes EPA's
modeling requirements to support attainment demonstrations as well as
various features of the model that EPA used to make its determination
of failure to attain. For an area to attain the 2010 SO2
NAAQS by the October 4, 2018, attainment date, the design value based
upon modeled actual and allowable air quality data from 2015-2017 at
the area of maximum ambient SO2 concentration must be equal
to or less than 75 parts per billion (ppb) for the 1-hour standard.
EPA's modeling analysis indicates that the highest predicted 3-year
average 99th percentile 1-hour average concentration within the chosen
modeling domain is 139 ppb. Therefore, based on modeled actual and
allowable emissions for the 2015-2017 period, EPA is determining that
the Detroit area failed to attain the 2010 1-hour SO2
standard by the October 4, 2018, attainment date.
Under Clean Air Act (CAA) section 179(d), a finding of failure to
attain requires a state to submit, no later than one year after the
publication date of the final action, a SIP revision for the area
meeting the requirements of CAA sections 110 and 172, the latter of
which requires, among other elements, a demonstration of attainment
within the time period specified in CAA sections 179(d)(3) and
172(a)(2). Therefore, this action requires Michigan to submit a SIP
revision by January 30, 2023, per section 179(d). Regardless, as
discussed in the NPRM, EPA's obligation to promulgate a Federal
implementation plan (FIP) for the Detroit area remains in force, and
EPA is actively working on a FIP.
II. Public Comments
The proposed action described above provided a public comment
period that closed on November 26, 2021. EPA received no comments on
the proposed finding of failure to attain for the Detroit area.
III. What action is EPA taking?
EPA is determining under CAA section 179(c)(1) that the Detroit
area failed to attain the 2010 1-hour SO2 standard by the
applicable attainment date of October 4, 2018. This action requires
Michigan under CAA section 179(d) to submit a revision to the SIP for
the Detroit SO2 nonattainment area. The required SIP
revision must, among other elements, demonstrate expeditious attainment
of the standards within the time period prescribed by CAA section
179(d). The SIP revision required under CAA section 179(d) is due for
submittal to EPA no later January 30, 2023. EPA is not finalizing the
finding of failure to attain for the Rhinelander, Wisconsin area that
was included in the NPRM, as a finding of failure to attain only
applies to nonattainment areas and EPA expects to redesignate the area
to attainment before the effective date of this action.
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review, and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and therefore
was not submitted to the Office of Management and Budget (OMB) for
review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the provisions of the PRA because it does not contain any information
collection activities.
C. Regulatory Flexibility Act (RFA)
EPA certifies that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This action
requires the state to adopt and submit SIP revisions to satisfy CAA
requirements and would not itself directly regulate any small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate of $100 million
or more, as described in UMRA (2 U.S.C. 1531-1538) and does not
significantly or uniquely affect small governments. This action itself
imposes no enforceable duty on any state, local, or tribal governments,
or the private sector. This action determines that the Detroit
SO2 nonattainment area failed to attain the NAAQS by the
applicable attainment date and triggers existing statutory timeframes
for the State to submit SIP revisions. Such a determination in and of
itself does not impose any Federal intergovernmental mandate.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the National Government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. The finding of failure to attain the
SO2 NAAQS does not apply to tribal areas, and the action
does not impose a burden on Indian reservation lands or other areas
where EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction within the Detroit SO2 nonattainment area.
Thus, this action 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.
G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive order. This action is not subject to Executive Order
13045 because the effect of this action does not trigger additional
planning requirements under the CAA. This action does not establish an
environmental standard intended to mitigate health or safety risks.
H. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
[[Page 4503]]
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EPA believes that this action does not have disproportionately high
and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The
effect of this action triggers additional planning requirements under
the CAA.
K. Congressional Review Act (CRA)
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).
L. Petitions for Judicial Review
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 March 29, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review, does
not 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, Sulfur oxides.
Dated: January 6, 2022.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, EPA amends 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 ``Determination of failure to attain the 2010 SO2
standard'' immediately after the entry for ``2010 Sulfur Dioxide Clean
Data Determination'' to read as follows:
Sec. 52.1170 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of nonregulatory SIP geographic or submittal EPA approval date Comments
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Determination of failure to Detroit area (Wayne ........... 1/28/2022, [INSERT Triggers requirements
attain the 2010 SO2 standard. County, part). FEDERAL REGISTER of CAA section 179(d)
CITATION]. for the State of
Michigan to submit by
January 30, 2023, a
revision to its SIP
for the Detroit area
that, among other
elements, provides for
expeditious attainment
of the 2010 SO2
standard within the
time period specified
in CAA sections
179(d)(3) and
172(a)(2).
* * * * * * *
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[FR Doc. 2022-00607 Filed 1-27-22; 8:45 am]
BILLING CODE 6560-50-P
