Rule2022-00607
Air Plan Approval; Michigan; Finding of Failure To Attain the 2010 Sulfur Dioxide Primary National Ambient Air Quality Standard for the Detroit Nonattainment Area
Primary source
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Published
January 28, 2022
Effective
February 28, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is determining that the Detroit sulfur dioxide (SO<INF>2</INF>) nonattainment area failed to attain the 2010 primary 1-hour SO<INF>2</INF> 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 SO<INF>2</INF> 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.
Full Text
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<title>Federal Register, Volume 87 Issue 19 (Friday, January 28, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00607]
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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.
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SUMMARY: The Environmental Protection Agency (EPA) is determining that
the Detroit sulfur dioxide (SO<INF>2</INF>) nonattainment area failed
to attain the 2010 primary 1-hour SO<INF>2</INF> 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 SO<INF>2</INF> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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,
<a href="/cdn-cgi/l/email-protection#f88c9d9d969d8ad6999a919f999194b89d8899d69f978e"><span class="__cf_email__" data-cfemail="add9c8c8c3c8df83cccfc4caccc4c1edc8ddcc83cac2db">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background Information
On October 27, 2021 (86 FR 59327), EPA proposed to determine that
the
[[Page 4502]]
Detroit SO<INF>2</INF> nonattainment area failed to attain the 2010
primary 1-hour SO<INF>2</INF> 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 SO<INF>2</INF>
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 SO<INF>2</INF> 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 SO<INF>2</INF>
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 SO<INF>2</INF> 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 SO<INF>2</INF> 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 <a href="https://www2.epa.gov/laws-regulations/laws-and-executive-orders">https://www2.epa.gov/laws-regulations/laws-and-executive-orders</a>.
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
SO<INF>2</INF> 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
SO<INF>2</INF> 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 SO<INF>2</INF> 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 SO<INF>2</INF>
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
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Applicable State
Name of nonregulatory SIP geographic or submittal EPA approval date Comments
provision nonattainment area date
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* * * * * * *
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
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