Air Plan Approval; Michigan; Base Year Emissions Inventory and Emissions Statement Rule for the 2015 Ozone Standard, 2834-2839 [2023-00369]
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2834
Federal Register / Vol. 88, No. 11 / Wednesday, January 18, 2023 / Rules and Regulations
schools are treated inequitably under
the criteria.
(i) The written proposal must contain
a description of the need for the
additional criteria and an explanation of
how the imposition of the additional
criteria would remedy the problem. The
proposal must also contain a statement
concerning whether State or Federal
laws, regulations, or policies require the
imposition of the additional criteria and
an explanation of the consideration of
any alternative means to achieve the
same goal as the additional criteria.
(ii) The Secretary or designee may
request such additional information
from the State approving agency as the
Secretary or designee deems appropriate
before determining whether the criteria
are necessary and treat schools
equitably.
(Authority: 38 U.S.C. 3675(b)(3), 3676(c), (f))
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3. Amend § 21.4254 by revising
paragraph (c)(14) and adding paragraph
(c)(15) to read as follows:
■
§ 21.4254
Nonaccredited courses.
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(c) * * *
(14)(i) For a course designed to
prepare an individual for licensure or
certification in a State, the course meets
all instructional curriculum licensure or
certification requirements of such State.
(ii) For a course designed to prepare
an individual for licensure to practice
law in a State, the course is accredited
by a specialized accrediting agency for
programs of legal education or
association recognized by the Secretary
of Education under subpart 2 of part H
of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1099b), from which
recipients of law degrees from such
accredited programs are eligible to sit
for a bar examination in any State.
(iii) For a course designed to prepare
an individual for employment pursuant
to standards developed by a board or
agency of a State in an occupation that
requires approval, licensure, or
certification, the course meets such
standards.
(iv) An educational institution may
apply, through their State approving
agency of jurisdiction, to the Secretary
or designee for a waiver of the
requirements of this paragraph (c)(14).
The State approving agency will
forward an application for waiver,
together with its recommendation for
granting or denying the application, to
the Secretary or designee. The Secretary
or designee may grant a waiver upon a
finding that all of the following criteria
have been met:
(A) The educational institution is not
accredited by an agency or association
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recognized by the Department of
Education.
(B) The course did not meet the
requirements of this paragraph (c)(14) at
any time during the 2-year period
preceding the date of the waiver.
(C) The waiver furthers the purposes
of the educational assistance programs
administered by VA or would further
the education interests of individuals
eligible for assistance under such
programs.
(D) The educational institution does
not provide any commission, bonus, or
other incentive payment based directly
or indirectly on success in securing
enrollments or financial aid to any
persons or entities engaged in any
student recruiting or admission
activities or in making decisions
regarding the award of student financial
assistance, except for the recruitment of
foreign students residing in foreign
countries who are not eligible to receive
Federal student assistance.
(15) Such additional reasonable
criteria as may be deemed necessary by
the State approving agency if the
Secretary or designee, in consultation
with the State approving agency,
approves the additional criteria as
necessary and equitable in its treatment
of public, private, and proprietary forprofit educational institutions. The
Secretary or designee will determine
whether the additional criteria are
necessary and treat schools equitably
based on a proposal and any additional
information submitted.
(i) Before requiring a school and its
nonaccredited courses to meet any
additional criteria, the State approving
agency must present a written proposal
to the Secretary or designee justifying
the need for the additional criteria and
containing an attestation that the criteria
will treat all schools equitably,
regardless of whether they are public,
private or for-profit institutions. The
written proposal must contain a
description of the need for the
additional criteria and an explanation of
how the imposition of the additional
criteria would remedy the problem. The
proposal must also contain a statement
concerning whether State or Federal
laws, regulations, or policies require the
imposition of the additional criteria and
an explanation of the consideration of
any alternative means to achieve the
same goal as the additional criteria.
(ii) The Secretary or designee may
request such additional information
from the State approving agency as the
Secretary or designee deems appropriate
before determining whether the criteria
are necessary and treat schools
equitably.
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(iii) The Secretary or designee may
change the determination at any time if,
after implementation, it becomes
apparent that the criteria are
unnecessary or schools are treated
inequitably under the criteria.
(Authority: 38 U.S.C. 3676(c), (f))
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4. Amend § 21.4259 by adding
paragraph (e) to read as follows:
■
§ 21.4259
Suspension or disapproval.
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(e) The Secretary or the appropriate
State approving agency will disapprove
a licensing and certification program of
education if the educational institution
providing the program of education fails
to publicly disclose in a prominent
manner any conditions or additional
requirements, including training,
experience, or examinations required to
obtain the license, certification, or
approval for which the program of
education is designed to provide
preparation.
(1) The Secretary will determine
whether a disclosure is sufficiently
prominent; however, at a minimum, the
educational institution must publish the
conditions or requirements on a
publicly facing website and in their
catalog, and include them in any
publication (regardless of medium)
which explicitly mentions ‘‘educational
assistance benefits for servicemembers
(and their dependents) or veterans (and
their dependents)’’ or which, in the
view of the Secretary, is intended for
VA educational assistance beneficiaries.
(2) Individuals continuously enrolled
at the same educational institution
pursuing a program of education subject
to disapproval under paragraph (e) of
this section may complete the program
of education.
(Authority: 38 U.S.C. 3679(d))
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[FR Doc. 2023–00556 Filed 1–17–23; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2020–0730; EPA–R05–
OAR–2020–0731; FRL–9746–02–R5]
Air Plan Approval; Michigan; Base
Year Emissions Inventory and
Emissions Statement Rule for the 2015
Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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Federal Register / Vol. 88, No. 11 / Wednesday, January 18, 2023 / Rules and Regulations
The Environmental Protection
Agency (EPA) is approving, under the
Clean Air Act (CAA), a request
submitted by the Michigan Department
of Environment, Great Lakes, and
Energy (EGLE) on December 18, 2020, to
revise the Michigan State
Implementation Plan (SIP). EGLE’s
submittal addresses the emissions
inventory and statement requirements
for the Allegan County, Berrien County,
Detroit (Livingston, Macomb, Monroe,
Oakland, St. Clair, Washtenaw, and
Wayne Counties) and Muskegon County
nonattainment areas under the 2015
ozone National Ambient Air Quality
Standard (NAAQS or standard). The
CAA requires states to develop and
submit, as SIP revisions, emission
inventories for all ozone nonattainment
areas. In this action, EPA is approving
EGLE’s emissions inventories for the
Allegan County, Berrien County, and
Muskegon County nonattainment areas
under the 2015 ozone NAAQS and the
removal of the repealed Act 348, Section
14a. EPA approved the portions of
EGLE’s December 18, 2020, submittal
pertaining to the certification of EGLE’s
stationary annual emissions statement
regulation and emissions inventories for
the Detroit nonattainment area under
the 2015 ozone NAAQS in a separate
action on July 6, 2022.
DATES: This direct final rule is effective
March 20, 2023, unless EPA receives
adverse comments by February 17,
2023. 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–2020–0730 (regarding emissions
statement) or EPA–R05–OAR–2020–
0731 (regarding emissions inventory) at
https://www.regulations.gov or via email
to blakley.pamela@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
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SUMMARY:
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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:
Emily Crispell, Environmental Scientist,
Control Strategies Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 353–8512, crispell.emily@
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. The 2015 Ozone NAAQS Emissions
Inventory and Emissions Statement
Rule Requirements
On December 28, 2015, EPA
promulgated a revised 8-hour ozone
NAAQS of 0.070 parts per million
(ppm) (October 26, 2015, 80 FR 65292).
The Allegan County (partial county),
Berrien County, and Muskegon County
(partial county) nonattainment areas
were designated as marginal
nonattainment areas for the 2015 ozone
NAAQS (June 4, 2018, 83 FR 25776).
A. Emissions Inventories
CAA sections 172(c)(3) and 182(a)(1),
42 U.S.C. 7502(c)(3) and 7511a(a)(1),
require states to develop and submit, as
SIP revisions, emission inventories for
all areas designated as nonattainment
for any NAAQS, including the ozone
NAAQS. An emissions inventory for
ozone is an estimation of actual
emissions of air pollutants that
contribute to the formation of ozone in
an area. Ozone is a gas that is formed
by the reaction of volatile organic
compounds (VOC) and oxides of
nitrogen (NOX) in the atmosphere in the
presence of sunlight (VOC and NOX are
referred to as ozone precursors).
Therefore, an emissions inventory for
ozone focuses on the emissions of VOC
and NOX. VOC is emitted by many types
of pollution sources including power
plants, industrial sources, on-road and
off-road mobile sources, smaller
stationary sources (collectively referred
to as area sources), and biogenic
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sources. NOX is primarily emitted by
combustion sources, both stationary and
mobile.
Emissions inventories provide
emissions data for a variety of air
quality planning tasks including:
—establishing baseline emissions levels
(anthropogenic [manmade] emissions
associated with ozone standard
violations),
—calculating emission reduction targets
needed to attain the NAAQS and to
achieve reasonable further progress
(RFP) toward attainment of the ozone
standard,
—determining emissions inputs for
ozone air quality modeling analyses,
and
—tracking emissions over time to
determine progress toward achieving
air quality and emissions reduction
goals.
As stated above, the CAA requires the
states to submit emission inventories for
areas designated as nonattainment for
ozone. For the 2015 ozone NAAQS, EPA
specifies that states submit ozone season
day emissions estimates for an
inventory calendar year to be consistent
with the baseline year for RFP plan as
required by 40 CFR 51.1310(b). For the
RFP baseline year for the 2015 ozone
NAAQS under 40 CFR 51.1310(b), states
may use a calendar year for the most
recently available complete triennial (3year cycle) emissions inventory (40 CFR
51, subpart A) preceding the year of the
area’s effective date of designation as a
nonattainment area (December 6, 2018,
83 FR 62998).1 States are required to
submit estimates of VOC and NOX
emissions for four general classes of
anthropogenic sources: stationary point
sources; area sources; on-road mobile
sources; and off-road mobile sources.
B. Emissions Statement Rules
Section 182(a)(3)(B) of the CAA
requires states with ozone
nonattainment areas to submit revisions
to their SIP to require the owner or
operator of each major stationary source
of NOX or VOC to provide the state with
an annual statement documenting the
actual emissions of NOX and VOC from
their source. Under section
182(a)(3)(B)(ii), a state may waive the
emissions statement requirement for any
class or category of stationary sources
which emits less than 25 tons per year
of VOC or NOX if the state, in its base
year emissions inventory, provides an
inventory of emissions from such class
or category of sources. States and EPA
1 The RFP requirements specified in CAA section
182(b)(1) shall apply to all area’s designated
nonattainment for ozone classified Moderate or
higher.
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Federal Register / Vol. 88, No. 11 / Wednesday, January 18, 2023 / Rules and Regulations
have generally interpreted this waiver
provision to apply to sources (without
specification of a specific source class or
source category) emitting less than 25
tons per year of VOC or NOX.
Many states have adopted these
emissions statement rules for a prior
ozone NAAQS that covers all the state’s
nonattainment areas and relevant
classes and categories of sources. For
these states, EPA is accepting
certifications that their previously
adopted emissions statement rules
remain in place and are adequate to
meet the emissions statement rule
requirement under the 2015 ozone
standard (December 6, 2018, 83 FR
62998).
II. Michigan’s Emissions Inventory
On December 18, 2020, EGLE
submitted a request to revise the
Michigan SIP to address the emissions
inventory requirement of CAA section
182(a)(1). EGLE provided
documentation of a 2017 NOX and VOC
base year emissions inventory to meet
requirements for the Allegan County,
Berrien County, Detroit and Muskegon
County nonattainment areas. EPA
approved emissions inventories for the
Detroit nonattainment area under the
2015 ozone NAAQS in a separate action
on July 6, 2022 (87 FR 40097). EGLE
selected 2017 as the base year because
this was the most recent comprehensive,
accurate, and quality assured (QA)
triennial emissions inventory in the
National Emissions Inventory (NEI)
database, available at the time the state
began preparing the emissions inventory
submittal for the Allegan County,
Berrien County, and Muskegon County
areas and is consistent with baseline
year for the RFP plan as required by 40
CFR 51.1310(b). The baseline year for
RFP would be the calendar year for the
most recently available triennial
emissions inventory at the time ROP/
RFP plans are developed (e.g., 2017 for
initial designations effective in 2018)
(83 FR 62998). At the time that EGLE
prepared its inventory of 2017
emissions to address the requirements
of section 182(a)(1), several
improvements in data sources were not
yet available. Specifically, EGLE relied
upon a version of the 2017 NEI that did
not include a revised point source
inventory to correct airport emissions.
Additionally, EGLE relied upon the
2016v1 modeling platform (which did
not yet include improvements from the
2016v2 modeling platform) including
updated information from the 2017 NEI,
MOVES3, and revised inventory
methodologies. EPA is not evaluating
Michigan’s 2017 emissions inventory
against platforms or data sources that
were not available at the time of
submission. Table 1 shows the Allegan
County, Berrien County, and Muskegon
County areas’ 2017 NOX emissions in
tons per ozone season day.2 Table 2
shows the Allegan County, Berrien
County, and Muskegon County areas’
2017 VOC emissions in tons per ozone
season day.
TABLE 1—2017 OZONE SEASON DAY NOX EMISSIONS
[Tons/day]
County/NAA
Event
Allegan ...................................................
Berrien ....................................................
Muskegon ...............................................
Biogenics
0.02
0.02
0.02
Area
0.96
1.42
0.49
Non-road
0.73
1.11
1.01
On-road
0.83
1.35
0.79
2.83
6.70
2.91
Point
1.76
2.09
0.19
Total NOX
7.13
12.69
5.41
TABLE 2—2017 OZONE SEASON DAY VOC EMISSIONS
[Tons/day]
County/NAA
Event
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Allegan ...................................................
Berrien ....................................................
Muskegon ...............................................
Biogenics
0.33
0.41
0.30
EGLE estimated NOX and VOC
emissions for all source categories in the
Allegan County, Berrien County, and
Muskegon County ozone nonattainment
areas. Emissions for these counties were
totaled by source category for each
ozone nonattainment area.
To develop emissions inventories for
the year 2017, Michigan began with
annual emissions data contained in the
2017 NEI for the point, nonpoint, onroad, nonroad, biogenic, and event
categories. Ozone season day emissions
were calculated by determining the
representative typical ozone season
month during the May 1–September 30
ozone season period by defining all days
with ambient air monitor values at or
above 70 parts per billion as ‘‘typical
18.12
19.69
19.97
Area
Non-road
3.72
6.47
3.79
On-road
0.90
2.03
1.40
ozone season’’ days. EGLE then assessed
which months contained the most
typical ozone season days or the days
with the highest measured values or
greatest impact on the design values.
Using this methodology, EGLE selected
July as the representative typical ozone
season month. To convert annual
emissions data to ozone season day
values, EGLE extracted data from EPA’s
2016v1 modeling platform and
calculated a conversion factor for the
point, nonpoint, on-road, nonroad, and
biogenic data categories. EGLE
determined the event category
emissions were too low and too variable
from year to year to benefit from
applying a conversion factor. For partial
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3.49
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0.60
0.95
0.49
Total VOC
25.17
33.04
27.99
county nonattainment areas, a scaling
factor was also applied before obtaining
the emissions. EGLE also analyzed the
impact of weekend day emissions on
monitored design values. EGLE
determined that weekend day emissions
have a large impact on individual
monitor design values and included
weekend days in the calculation of
typical ozone season day emission
values.
For point sources, EGLE calculates
and stores emissions data annually in
the state’s air emissions inventory
database. Under the authority of
Michigan Air Pollution Control Rule 2
(R 336.202) and AQD–013, EGLE
requires any facility in the state that
emits a pollutant above the thresholds
2 The ozone season is the portion of the year in
which high ozone concentrations may be expected
in a given area.
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specified to submit emissions inventory
statements annually. These reports
contain detailed source type-specific or
annual source unit-specific and seasonal
actual emissions for all source units in
a facility. QA is performed when the
data are submitted to the Emissions
Inventory System Gateway.
For area source (sometimes referred to
as non-point source) emissions, EGLE
relied on a variety of state-specific data
to estimate emissions based on EPA’s
procedures and guidance for the 2017
base emissions inventory. Area sources
are spread over wide areas with no
distinct discharge points or are
comprised of a large number of small
point sources that are difficult to
describe separately and whose
emissions are not well characterized
(e.g., heating furnaces in individual
homes, architectural surface coating,
automobile refueling, dry cleaning, etc.).
To develop an accurate and complete
area source inventory, EGLE used
annual emissions from the 2017 NEI and
monthly emissions profiles from 2016v1
platform data. EGLE calculated 2017
emissions estimations by applying
conversion factors to the July monthly
emission profile to obtain daily
emissions. A scaling factor was applied
to the area source emissions for the
partial county 2015 ozone NAAQS
nonattainment areas.
On-road and non-road mobile source
emissions were developed by EGLE
using annual emissions from the 2017
NEI and monthly emissions profiles
from 2016v1 platform data. On-road
mobile sources include emissions from
motorized vehicles that are normally
operated on public roadways. This
includes passenger cars, motorcycles,
minivans, sport-utility vehicles, lightduty trucks, heavy duty trucks, and
buses. Non-road mobile sources include
emissions from locomotives, aircraft,
marine, off-road vehicles and non-road
equipment such as lawn and garden
equipment.
For biogenics, which comprise of
emissions that come from natural
sources, EGLE utilized the annual
emissions from the 2017 NEI and
monthly emissions profiles from 2016v1
platform data. EGLE applied a
conversion factor 2016v1 platform July
emissions to obtain ozone season day
emissions for the 2017 NEI annual
values. For the event category, which is
primarily comprised of wildfire
emissions, EGLE relied on the 2017 NEI
emissions in entirety.
III. Michigan’s Emissions Statement
Rule
Section 182(a)(3)(B) of the CAA
requires states to include regulations in
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the SIP to require sources (source
facilities) to submit annual statements
characterizing sources of NOX and VOC
emissions within the source facilities
and to report actual NOX and VOC
emissions for these sources. EPA
approved the majority of EGLE’s
December 18, 2020, submittal pertaining
to the certification of EGLE’s stationary
annual emissions statement regulation
under the 2015 ozone NAAQS in a
separate EPA action on July 6, 2022 (87
FR 40097). The remaining request
included in EGLE’s December 18, 2020,
submittal, which was not addressed in
EPA’s separate action, was the removal
of Act 348, Section 14a from the SIP.
Act 348, Section 14a was repealed in
1995 and required annual fee payment
by certain sources to EGLE as part of the
elements for the Michigan Title V
Renewable Operating Permit Program.
IV. EPA’s Evaluation
A. Emissions Inventory
EPA reviewed Michigan’s December
18, 2020, submittal for consistency with
sections 172(c)(3) CAA and 182(a)(1) of
the CAA and with EPA’s emissions
inventory requirements. In particular,
EPA reviewed the techniques used by
EGLE to derive and quality assure the
emissions estimates. EPA has also
considered whether Michigan provided
the public with the opportunity to
review and comment on the
development of the emissions estimates,
whether Michigan confirmed that
source facility emissions statements are
required for the 2015 ozone standard,
and whether the state addressed all
public comments. EGLE documented
the procedures used to estimate the
emissions for each of the major source
types. The documentation of the
emissions estimation procedures is
thorough and is adequate for EPA to
determine that Michigan followed
acceptable procedures to estimate the
emissions. Accordingly, EPA concludes
that Michigan has developed
inventories of NOX and VOC emissions
that are comprehensive and complete.
B. Emissions Statement Rule
As mentioned earlier, EPA approved
the portions of EGLE’s December 18,
2020, submittal pertaining to the
certification of EGLE’s stationary annual
emissions statement regulation under
the 2015 ozone NAAQS in a separate
EPA action on July 6, 2022 (87 FR
40097). EGLE requested the removal of
Act 348, Section 14a from the SIP which
was repealed in 1995 and required
annual fee payment by certain sources
to EGLE. Act 348, Section 14a does not
address the requirements related to
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2837
attainment and maintenance of the
NAAQS under Section 110 of the CAA.
EPA has determined that Act 348,
Section 14a was erroneously
incorporated into the SIP. Instead, Act
348, Section 14a addresses the
requirements under title V of the CAA
for operating permit programs. EPA
fully approved Michigan’s title V
Renewable Operating Permit Program
on November 10, 2003 (68 FR 63735).
Since Act 348, Section 14a has been
repealed and does not address the
requirements related to attainment and
maintenance of the NAAQS under
Section 110 of the CAA, EPA is
approving EGLE’s request to remove Act
348, Section 14a from the Michigan SIP.
V. Michigan’s Public Notice and
Comment
Title 40 of the Code of Federal
Regulations, part 51, appendix V
requires that the State provide sufficient
notice and opportunity for public
comment and hearing on all SIP
submittals. On September 7, 2020, EGLE
notified the public of the 30-day period
for the opportunity to comment, with
respect to the requested SIP revisions
pertaining to the emission inventories
for the 2015 ozone NAAQS
nonattainment areas and updates to the
statewide emission statement program.
The notification was published on
EGLE’s website at: https://
www.michigan.gov/documents/deq/deqaqd-sip-pub_notice_Info_610029_7.pdf.
EGLE did not receive any public
comments or requests for a public
hearing by the stated date in the public
notice, therefore, EGLE canceled the
public hearing.
VI. What action is EPA taking?
EPA is approving Michigan’s SIP
revision submitted on December 18,
2020, to address the ozone-related
emissions inventory requirements for
the Allegan County, Berrien County,
and Muskegon County ozone
nonattainment areas for the 2015 ozone
NAAQS. The emissions inventories we
are approving into the SIP are specified
in Tables 1 and 2, above. We are
approving the emissions inventories
because they contain comprehensive,
accurate, and current inventories of
actual emissions for all relevant sources
in accordance with CAA sections
172(c)(3) and 182(a), and because
Michigan adopted the emissions
inventories after providing for
reasonable public notice and
opportunity for a public hearing. We are
also approving the removal of the
repealed Act 348, Section 14a from the
Michigan SIP, which does not address
the requirements related to attainment
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and maintenance of the NAAQS under
Section 110 of the CAA, but rather
addresses the requirements under title V
of the CAA for operating permit
programs. In addition, we are also
correcting a typographical error
contained in the codification of our own
July 6, 2022 (87 FR 40097), action. In
that action, on page 40009, we
incorrectly identified that we were
approving sections 324.5003, 324.5524
and 324.5525 of Act 451 of 1994, as
amended, where the correct citations for
the approved sections are 324.5503,
324.5524 and 324.5525.
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 March 20, 2023 without further
notice unless we receive relevant
adverse written comments by February
17, 2023. 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
March 20, 2023.
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VII. Incorporation by Reference
In this document, EPA is amending
regulatory text that includes
incorporation by reference. As described
in Section III of this preamble and set
forth in the amendments to 40 CFR part
52 below, EPA is removing provisions of
the EPA-Approved Michigan
Regulations from the Michigan State
Implementation Plan, which is
incorporated by reference in accordance
with the requirements of 1 CFR part 51.
VIII. 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.
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42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
the Congress and to the Comptroller
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General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by March 20, 2023. 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 this 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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: January 5, 2023.
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:
a. In paragraph (c) amend the table by:
i. Removing the entry for ‘‘Act 348 of
1965, as amended’’ with an EPA
approval date of 7/6/2022; and
■ ii. Revising the entry for ‘‘Act 451 of
1994, as amended’’.
■ b. In paragraph (e) amend the table
under the sub-heading ‘‘Emissions
Inventories’’ by adding a second entry
for ‘‘2015 8-hour ozone 2017 base year’’
before the entry for ‘‘1997 annual PM2.5
2005 base year’’.
The revision and addition read as
follows:
■
■
■
E:\FR\FM\18JAR1.SGM
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Federal Register / Vol. 88, No. 11 / Wednesday, January 18, 2023 / Rules and Regulations
§ 52.1170
*
*
Identification of plan.
*
*
(c) * * *
*
EPA-APPROVED MICHIGAN REGULATIONS
Michigan citation
*
State
effective
date
Title
*
*
EPA approval date
*
*
Comments
*
*
State Statues
*
*
Act 451 of 1994, as amended ................
*
*
*
*
Natural Resources and
Environmental Protection Act.
*
*
*
*
*
*
3/30/1995
*
*
7/6/2022, 87 FR 40097 ....
*
*
*
Only sections 324.5503,
324.5524 and 324.5525.
*
*
(e) * * *
EPA-APPROVED MICHIGAN NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Name of nonregulatory SIP provision
*
State
submittal
date
Applicable geographic or
nonattainment area
*
*
EPA approval date
*
*
Comments
*
*
*
*
1/18/2022, [INSERT FEDERAL REGISTER CITATION].
*
Emission Inventories
*
*
2015 8-hour ozone 2017 base year .......
*
*
*
*
*
Allegan County (part),
Berrien County, and
Muskegon County (part).
*
*
*
*
*
[FR Doc. 2023–00369 Filed 1–17–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2021–0549; FRL–8856–02–
R9]
Second 10-Year Maintenance Plan for
the Indian Wells Valley PM10 Planning
Area; California
The Environmental Protection
Agency (EPA) is taking final action to
approve the ‘‘Indian Wells Valley
Second 10-Year PM10 Maintenance
Plan’’ (‘‘Indian Wells Second
Maintenance Plan’’ or ‘‘Plan’’) as a
revision to the state implementation
plan (SIP) for the State of California.
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*
*
The Indian Wells Second Maintenance
Plan includes, among other elements, a
base year emissions inventory, a
maintenance demonstration,
contingency provisions, and motor
vehicle emissions budgets for use in
transportation conformity
determinations. The EPA is finalizing
these actions because the SIP revision
meets the applicable statutory and
regulatory requirements for such plans
and motor vehicle emissions budgets.
This rule is effective February
17, 2023.
DATES:
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2021–0549. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
ADDRESSES:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY:
12/18/2020
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*
*
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information. If
you need assistance in a language other
than English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Ashley Graham, Air Planning Office
(ARD–2), EPA Region IX, 75 Hawthorne
Street, San Francisco, CA 94105, (415)
972–3877, or by email at
graham.ashleyr@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Summary of Proposed Rule
II. Public Comments and EPA Responses
E:\FR\FM\18JAR1.SGM
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[Federal Register Volume 88, Number 11 (Wednesday, January 18, 2023)]
[Rules and Regulations]
[Pages 2834-2839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00369]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2020-0730; EPA-R05-OAR-2020-0731; FRL-9746-02-R5]
Air Plan Approval; Michigan; Base Year Emissions Inventory and
Emissions Statement Rule for the 2015 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
[[Page 2835]]
SUMMARY: The Environmental Protection Agency (EPA) is approving, under
the Clean Air Act (CAA), a request submitted by the Michigan Department
of Environment, Great Lakes, and Energy (EGLE) on December 18, 2020, to
revise the Michigan State Implementation Plan (SIP). EGLE's submittal
addresses the emissions inventory and statement requirements for the
Allegan County, Berrien County, Detroit (Livingston, Macomb, Monroe,
Oakland, St. Clair, Washtenaw, and Wayne Counties) and Muskegon County
nonattainment areas under the 2015 ozone National Ambient Air Quality
Standard (NAAQS or standard). The CAA requires states to develop and
submit, as SIP revisions, emission inventories for all ozone
nonattainment areas. In this action, EPA is approving EGLE's emissions
inventories for the Allegan County, Berrien County, and Muskegon County
nonattainment areas under the 2015 ozone NAAQS and the removal of the
repealed Act 348, Section 14a. EPA approved the portions of EGLE's
December 18, 2020, submittal pertaining to the certification of EGLE's
stationary annual emissions statement regulation and emissions
inventories for the Detroit nonattainment area under the 2015 ozone
NAAQS in a separate action on July 6, 2022.
DATES: This direct final rule is effective March 20, 2023, unless EPA
receives adverse comments by February 17, 2023. 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-2020-0730 (regarding emissions statement) or EPA-R05-OAR-2020-0731
(regarding emissions inventory) 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: Emily Crispell, Environmental
Scientist, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-8512, [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. The 2015 Ozone NAAQS Emissions Inventory and Emissions Statement
Rule Requirements
On December 28, 2015, EPA promulgated a revised 8-hour ozone NAAQS
of 0.070 parts per million (ppm) (October 26, 2015, 80 FR 65292). The
Allegan County (partial county), Berrien County, and Muskegon County
(partial county) nonattainment areas were designated as marginal
nonattainment areas for the 2015 ozone NAAQS (June 4, 2018, 83 FR
25776).
A. Emissions Inventories
CAA sections 172(c)(3) and 182(a)(1), 42 U.S.C. 7502(c)(3) and
7511a(a)(1), require states to develop and submit, as SIP revisions,
emission inventories for all areas designated as nonattainment for any
NAAQS, including the ozone NAAQS. An emissions inventory for ozone is
an estimation of actual emissions of air pollutants that contribute to
the formation of ozone in an area. Ozone is a gas that is formed by the
reaction of volatile organic compounds (VOC) and oxides of nitrogen
(NOX) in the atmosphere in the presence of sunlight (VOC and
NOX are referred to as ozone precursors). Therefore, an
emissions inventory for ozone focuses on the emissions of VOC and
NOX. VOC is emitted by many types of pollution sources
including power plants, industrial sources, on-road and off-road mobile
sources, smaller stationary sources (collectively referred to as area
sources), and biogenic sources. NOX is primarily emitted by
combustion sources, both stationary and mobile.
Emissions inventories provide emissions data for a variety of air
quality planning tasks including:
--establishing baseline emissions levels (anthropogenic [manmade]
emissions associated with ozone standard violations),
--calculating emission reduction targets needed to attain the NAAQS and
to achieve reasonable further progress (RFP) toward attainment of the
ozone standard,
--determining emissions inputs for ozone air quality modeling analyses,
and
--tracking emissions over time to determine progress toward achieving
air quality and emissions reduction goals.
As stated above, the CAA requires the states to submit emission
inventories for areas designated as nonattainment for ozone. For the
2015 ozone NAAQS, EPA specifies that states submit ozone season day
emissions estimates for an inventory calendar year to be consistent
with the baseline year for RFP plan as required by 40 CFR 51.1310(b).
For the RFP baseline year for the 2015 ozone NAAQS under 40 CFR
51.1310(b), states may use a calendar year for the most recently
available complete triennial (3-year cycle) emissions inventory (40 CFR
51, subpart A) preceding the year of the area's effective date of
designation as a nonattainment area (December 6, 2018, 83 FR 62998).\1\
States are required to submit estimates of VOC and NOX
emissions for four general classes of anthropogenic sources: stationary
point sources; area sources; on-road mobile sources; and off-road
mobile sources.
---------------------------------------------------------------------------
\1\ The RFP requirements specified in CAA section 182(b)(1)
shall apply to all area's designated nonattainment for ozone
classified Moderate or higher.
---------------------------------------------------------------------------
B. Emissions Statement Rules
Section 182(a)(3)(B) of the CAA requires states with ozone
nonattainment areas to submit revisions to their SIP to require the
owner or operator of each major stationary source of NOX or
VOC to provide the state with an annual statement documenting the
actual emissions of NOX and VOC from their source. Under
section 182(a)(3)(B)(ii), a state may waive the emissions statement
requirement for any class or category of stationary sources which emits
less than 25 tons per year of VOC or NOX if the state, in
its base year emissions inventory, provides an inventory of emissions
from such class or category of sources. States and EPA
[[Page 2836]]
have generally interpreted this waiver provision to apply to sources
(without specification of a specific source class or source category)
emitting less than 25 tons per year of VOC or NOX.
Many states have adopted these emissions statement rules for a
prior ozone NAAQS that covers all the state's nonattainment areas and
relevant classes and categories of sources. For these states, EPA is
accepting certifications that their previously adopted emissions
statement rules remain in place and are adequate to meet the emissions
statement rule requirement under the 2015 ozone standard (December 6,
2018, 83 FR 62998).
II. Michigan's Emissions Inventory
On December 18, 2020, EGLE submitted a request to revise the
Michigan SIP to address the emissions inventory requirement of CAA
section 182(a)(1). EGLE provided documentation of a 2017 NOX
and VOC base year emissions inventory to meet requirements for the
Allegan County, Berrien County, Detroit and Muskegon County
nonattainment areas. EPA approved emissions inventories for the Detroit
nonattainment area under the 2015 ozone NAAQS in a separate action on
July 6, 2022 (87 FR 40097). EGLE selected 2017 as the base year because
this was the most recent comprehensive, accurate, and quality assured
(QA) triennial emissions inventory in the National Emissions Inventory
(NEI) database, available at the time the state began preparing the
emissions inventory submittal for the Allegan County, Berrien County,
and Muskegon County areas and is consistent with baseline year for the
RFP plan as required by 40 CFR 51.1310(b). The baseline year for RFP
would be the calendar year for the most recently available triennial
emissions inventory at the time ROP/RFP plans are developed (e.g., 2017
for initial designations effective in 2018) (83 FR 62998). At the time
that EGLE prepared its inventory of 2017 emissions to address the
requirements of section 182(a)(1), several improvements in data sources
were not yet available. Specifically, EGLE relied upon a version of the
2017 NEI that did not include a revised point source inventory to
correct airport emissions. Additionally, EGLE relied upon the 2016v1
modeling platform (which did not yet include improvements from the
2016v2 modeling platform) including updated information from the 2017
NEI, MOVES3, and revised inventory methodologies. EPA is not evaluating
Michigan's 2017 emissions inventory against platforms or data sources
that were not available at the time of submission. Table 1 shows the
Allegan County, Berrien County, and Muskegon County areas' 2017
NOX emissions in tons per ozone season day.\2\ Table 2 shows
the Allegan County, Berrien County, and Muskegon County areas' 2017 VOC
emissions in tons per ozone season day.
---------------------------------------------------------------------------
\2\ The ozone season is the portion of the year in which high
ozone concentrations may be expected in a given area.
Table 1--2017 Ozone Season Day NOX Emissions
[Tons/day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total NOX
County/NAA Event Biogenics Area Non-road On-road Point
--------------------------------------------------------------------------------------------------------------------------------------------------------
Allegan..................................................... 0.02 0.96 0.73 0.83 2.83 1.76 7.13
Berrien..................................................... 0.02 1.42 1.11 1.35 6.70 2.09 12.69
Muskegon.................................................... 0.02 0.49 1.01 0.79 2.91 0.19 5.41
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2--2017 Ozone Season Day VOC Emissions
[Tons/day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
County/NAA Event Biogenics Area Non-road On-road Point Total VOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Allegan..................................................... 0.33 18.12 3.72 0.90 1.50 0.60 25.17
Berrien..................................................... 0.41 19.69 6.47 2.03 3.49 0.95 33.04
Muskegon.................................................... 0.30 19.97 3.79 1.40 2.04 0.49 27.99
--------------------------------------------------------------------------------------------------------------------------------------------------------
EGLE estimated NOX and VOC emissions for all source
categories in the Allegan County, Berrien County, and Muskegon County
ozone nonattainment areas. Emissions for these counties were totaled by
source category for each ozone nonattainment area.
To develop emissions inventories for the year 2017, Michigan began
with annual emissions data contained in the 2017 NEI for the point,
nonpoint, on-road, nonroad, biogenic, and event categories. Ozone
season day emissions were calculated by determining the representative
typical ozone season month during the May 1-September 30 ozone season
period by defining all days with ambient air monitor values at or above
70 parts per billion as ``typical ozone season'' days. EGLE then
assessed which months contained the most typical ozone season days or
the days with the highest measured values or greatest impact on the
design values. Using this methodology, EGLE selected July as the
representative typical ozone season month. To convert annual emissions
data to ozone season day values, EGLE extracted data from EPA's 2016v1
modeling platform and calculated a conversion factor for the point,
nonpoint, on-road, nonroad, and biogenic data categories. EGLE
determined the event category emissions were too low and too variable
from year to year to benefit from applying a conversion factor. For
partial county nonattainment areas, a scaling factor was also applied
before obtaining the emissions. EGLE also analyzed the impact of
weekend day emissions on monitored design values. EGLE determined that
weekend day emissions have a large impact on individual monitor design
values and included weekend days in the calculation of typical ozone
season day emission values.
For point sources, EGLE calculates and stores emissions data
annually in the state's air emissions inventory database. Under the
authority of Michigan Air Pollution Control Rule 2 (R 336.202) and AQD-
013, EGLE requires any facility in the state that emits a pollutant
above the thresholds
[[Page 2837]]
specified to submit emissions inventory statements annually. These
reports contain detailed source type-specific or annual source unit-
specific and seasonal actual emissions for all source units in a
facility. QA is performed when the data are submitted to the Emissions
Inventory System Gateway.
For area source (sometimes referred to as non-point source)
emissions, EGLE relied on a variety of state-specific data to estimate
emissions based on EPA's procedures and guidance for the 2017 base
emissions inventory. Area sources are spread over wide areas with no
distinct discharge points or are comprised of a large number of small
point sources that are difficult to describe separately and whose
emissions are not well characterized (e.g., heating furnaces in
individual homes, architectural surface coating, automobile refueling,
dry cleaning, etc.). To develop an accurate and complete area source
inventory, EGLE used annual emissions from the 2017 NEI and monthly
emissions profiles from 2016v1 platform data. EGLE calculated 2017
emissions estimations by applying conversion factors to the July
monthly emission profile to obtain daily emissions. A scaling factor
was applied to the area source emissions for the partial county 2015
ozone NAAQS nonattainment areas.
On-road and non-road mobile source emissions were developed by EGLE
using annual emissions from the 2017 NEI and monthly emissions profiles
from 2016v1 platform data. On-road mobile sources include emissions
from motorized vehicles that are normally operated on public roadways.
This includes passenger cars, motorcycles, minivans, sport-utility
vehicles, light-duty trucks, heavy duty trucks, and buses. Non-road
mobile sources include emissions from locomotives, aircraft, marine,
off-road vehicles and non-road equipment such as lawn and garden
equipment.
For biogenics, which comprise of emissions that come from natural
sources, EGLE utilized the annual emissions from the 2017 NEI and
monthly emissions profiles from 2016v1 platform data. EGLE applied a
conversion factor 2016v1 platform July emissions to obtain ozone season
day emissions for the 2017 NEI annual values. For the event category,
which is primarily comprised of wildfire emissions, EGLE relied on the
2017 NEI emissions in entirety.
III. Michigan's Emissions Statement Rule
Section 182(a)(3)(B) of the CAA requires states to include
regulations in the SIP to require sources (source facilities) to submit
annual statements characterizing sources of NOX and VOC
emissions within the source facilities and to report actual
NOX and VOC emissions for these sources. EPA approved the
majority of EGLE's December 18, 2020, submittal pertaining to the
certification of EGLE's stationary annual emissions statement
regulation under the 2015 ozone NAAQS in a separate EPA action on July
6, 2022 (87 FR 40097). The remaining request included in EGLE's
December 18, 2020, submittal, which was not addressed in EPA's separate
action, was the removal of Act 348, Section 14a from the SIP. Act 348,
Section 14a was repealed in 1995 and required annual fee payment by
certain sources to EGLE as part of the elements for the Michigan Title
V Renewable Operating Permit Program.
IV. EPA's Evaluation
A. Emissions Inventory
EPA reviewed Michigan's December 18, 2020, submittal for
consistency with sections 172(c)(3) CAA and 182(a)(1) of the CAA and
with EPA's emissions inventory requirements. In particular, EPA
reviewed the techniques used by EGLE to derive and quality assure the
emissions estimates. EPA has also considered whether Michigan provided
the public with the opportunity to review and comment on the
development of the emissions estimates, whether Michigan confirmed that
source facility emissions statements are required for the 2015 ozone
standard, and whether the state addressed all public comments. EGLE
documented the procedures used to estimate the emissions for each of
the major source types. The documentation of the emissions estimation
procedures is thorough and is adequate for EPA to determine that
Michigan followed acceptable procedures to estimate the emissions.
Accordingly, EPA concludes that Michigan has developed inventories of
NOX and VOC emissions that are comprehensive and complete.
B. Emissions Statement Rule
As mentioned earlier, EPA approved the portions of EGLE's December
18, 2020, submittal pertaining to the certification of EGLE's
stationary annual emissions statement regulation under the 2015 ozone
NAAQS in a separate EPA action on July 6, 2022 (87 FR 40097). EGLE
requested the removal of Act 348, Section 14a from the SIP which was
repealed in 1995 and required annual fee payment by certain sources to
EGLE. Act 348, Section 14a does not address the requirements related to
attainment and maintenance of the NAAQS under Section 110 of the CAA.
EPA has determined that Act 348, Section 14a was erroneously
incorporated into the SIP. Instead, Act 348, Section 14a addresses the
requirements under title V of the CAA for operating permit programs.
EPA fully approved Michigan's title V Renewable Operating Permit
Program on November 10, 2003 (68 FR 63735). Since Act 348, Section 14a
has been repealed and does not address the requirements related to
attainment and maintenance of the NAAQS under Section 110 of the CAA,
EPA is approving EGLE's request to remove Act 348, Section 14a from the
Michigan SIP.
V. Michigan's Public Notice and Comment
Title 40 of the Code of Federal Regulations, part 51, appendix V
requires that the State provide sufficient notice and opportunity for
public comment and hearing on all SIP submittals. On September 7, 2020,
EGLE notified the public of the 30-day period for the opportunity to
comment, with respect to the requested SIP revisions pertaining to the
emission inventories for the 2015 ozone NAAQS nonattainment areas and
updates to the statewide emission statement program. The notification
was published on EGLE's website at: https://www.michigan.gov/documents/deq/deq-aqd-sip-pub_notice_Info_610029_7.pdf. EGLE did not receive any
public comments or requests for a public hearing by the stated date in
the public notice, therefore, EGLE canceled the public hearing.
VI. What action is EPA taking?
EPA is approving Michigan's SIP revision submitted on December 18,
2020, to address the ozone-related emissions inventory requirements for
the Allegan County, Berrien County, and Muskegon County ozone
nonattainment areas for the 2015 ozone NAAQS. The emissions inventories
we are approving into the SIP are specified in Tables 1 and 2, above.
We are approving the emissions inventories because they contain
comprehensive, accurate, and current inventories of actual emissions
for all relevant sources in accordance with CAA sections 172(c)(3) and
182(a), and because Michigan adopted the emissions inventories after
providing for reasonable public notice and opportunity for a public
hearing. We are also approving the removal of the repealed Act 348,
Section 14a from the Michigan SIP, which does not address the
requirements related to attainment
[[Page 2838]]
and maintenance of the NAAQS under Section 110 of the CAA, but rather
addresses the requirements under title V of the CAA for operating
permit programs. In addition, we are also correcting a typographical
error contained in the codification of our own July 6, 2022 (87 FR
40097), action. In that action, on page 40009, we incorrectly
identified that we were approving sections 324.5003, 324.5524 and
324.5525 of Act 451 of 1994, as amended, where the correct citations
for the approved sections are 324.5503, 324.5524 and 324.5525.
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 March 20, 2023
without further notice unless we receive relevant adverse written
comments by February 17, 2023. 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 March
20, 2023.
VII. Incorporation by Reference
In this document, EPA is amending regulatory text that includes
incorporation by reference. As described in Section III of this
preamble and set forth in the amendments to 40 CFR part 52 below, EPA
is removing provisions of the EPA-Approved Michigan Regulations from
the Michigan State Implementation Plan, which is incorporated by
reference in accordance with the requirements of 1 CFR part 51.
VIII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 20, 2023. 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 this 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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: January 5, 2023.
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:
0
a. In paragraph (c) amend the table by:
0
i. Removing the entry for ``Act 348 of 1965, as amended'' with an EPA
approval date of 7/6/2022; and
0
ii. Revising the entry for ``Act 451 of 1994, as amended''.
0
b. In paragraph (e) amend the table under the sub-heading ``Emissions
Inventories'' by adding a second entry for ``2015 8-hour ozone 2017
base year'' before the entry for ``1997 annual PM2.5 2005
base year''.
The revision and addition read as follows:
[[Page 2839]]
Sec. 52.1170 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Michigan Regulations
----------------------------------------------------------------------------------------------------------------
State
Michigan citation Title effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
State Statues
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Act 451 of 1994, as amended...... Natural Resources 3/30/1995 7/6/2022, 87 FR Only sections
and Environmental 40097. 324.5503, 324.5524
Protection Act. and 324.5525.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Emission Inventories
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2015 8-hour ozone 2017 base year. Allegan County 12/18/2020 1/18/2022, [INSERT
(part), Berrien FEDERAL REGISTER
County, and CITATION].
Muskegon County
(part).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-00369 Filed 1-17-23; 8:45 am]
BILLING CODE 6560-50-P
