Rule2022-14321
Air Plan Approval; Michigan; Emissions Statement Program and Base Year Emissions Inventory
Primary source
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Published
July 6, 2022
Effective
July 6, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is partially approving portions of State Implementation Plan (SIP) revisions submitted by the State of Michigan on December 18, 2020. Specifically, EPA is approving the 2015 ozone National Ambient Air Quality Standards (NAAQS) base-year emissions inventory for Detroit area as meeting the requirements of the Clean Air Act (CAA). EPA is also approving revisions to Michigan's emissions statement program as meeting the requirements of the CAA.
Full Text
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<title>Federal Register, Volume 87 Issue 128 (Wednesday, July 6, 2022)</title>
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[Federal Register Volume 87, Number 128 (Wednesday, July 6, 2022)]
[Rules and Regulations]
[Pages 40097-40099]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14321]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2020-0730, EPA-R05-OAR-2020-0731; FRL-9629-02-R5]
Air Plan Approval; Michigan; Emissions Statement Program and Base
Year Emissions Inventory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is partially
approving portions of State Implementation Plan (SIP) revisions
submitted by the State of Michigan on December 18, 2020. Specifically,
EPA is approving the 2015 ozone National Ambient Air Quality Standards
(NAAQS) base-year emissions inventory for Detroit area as meeting the
requirements of the Clean Air Act (CAA). EPA is also approving
revisions to Michigan's emissions statement program as meeting the
requirements of the CAA.
DATES: This final rule is effective on July 6, 2022.
ADDRESSES: EPA has established dockets for this action under Docket ID
No. EPA-R05-OAR-2020-0730 and EPA-R05-OAR-2020-0731. 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 Eric Svingen, Attainment Planning and Maintenance
Section, at (312) 353-4489 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Eric Svingen, 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) 353-4489,
<a href="/cdn-cgi/l/email-protection#95e6e3fcfbf2f0fbbbf0e7fcf6d5f0e5f4bbf2fae3"><span class="__cf_email__" data-cfemail="e19297888f86848fcf84938882a1849180cf868e97">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On March 14, 2022 (87 FR 14210), EPA proposed to approve portions
of a December 18, 2020, submittal from the Michigan Department of
Environment, Great Lakes, and Energy (EGLE) as meeting the applicable
requirements for a base year emissions inventory under CAA section
182(a)(1) for the Detroit nonattainment area for the 2015 ozone NAAQS,
as well as portions of a separate December 18, 2020, submittal from
EGLE as meeting the applicable requirements under CAA section 182(a)(3)
for an emissions statement program. An explanation of the CAA
requirements, a detailed analysis of the revisions, and EPA's reasons
for proposing approval were provided in the notice of proposed
rulemaking (NPRM), and will not be restated here. The public comment
period for this proposed rule ended on April 27, 2022.
In the March 14, 2022, NPRM, EPA proposed to take additional
actions, including a determination that the Detroit area has met the
requirements for redesignation to attainment under section 107(d)(3)(E)
of the CAA the CAA. EPA's proposed actions received six comments, three
of which are adverse. All of the comments relate to EPA's proposal to
redesignate the area. None of the comments relate to EPA's proposal to
approve the Detroit area base-year emissions inventory or the revisions
to Michigan's emissions statement program. All of the comments received
are included in the docket for this action.
We do not consider these comments to be germane or relevant to
EPA's proposal to approve the Detroit area base year emissions
inventory and revisions to the emissions statement program, and
therefore not adverse to this action. The comments lack the required
specificity to this action and the relevant requirements of CAA section
110. Moreover, none of the comments address a specific regulation or
provision in question, or recommend a different action. Therefore, we
are finalizing this action as proposed. Should EPA take final action on
the other actions proposed in the March 14, 2022, NPRM, including a
determination that the Detroit area has met the requirements for
redesignation to attainment, then EPA would address the adverse
comments at that time.
II. Final Action
EPA is approving portions of Michigan's December 18, 2020,
submittals as meeting the base year emissions inventory and emissions
statement requirements of sections 182(a)(1) and 182(a)(3),
respectively.
Specifically, EPA is also approving EGLE's request to make several
revisions to Michigan's SIP. EPA is removing from the SIP Section 5 of
Act 348 of 1965, as amended. EPA is approving into the SIP Section 5503
of Act 451 of 1994, as amended, effective March 30, 1995. EPA is
removing from the SIP the 1993 Michigan Air Pollution Reporting forms
and reference tables, and EPA is approving into the SIP several updated
forms: the 2020 version of AQD-013, the 2019 version of MAERS form SB-
101 Submit, the 2019 version of MAERS form S-101 Source, the 2019
version of MAERS form A-101 Activity, the 2019 version of MAERS form
EU-101 Emission Unit, and the 2019 version of MAERS form E-101
Emissions. EPA is removing from the SIP the 1993 MAERS general
instructions, and EPA is approving into the SIP the January 2020 MAERS
User Guide. Finally, EPA is approving into the SIP the 2017 base year
inventory for the Detroit nonattainment area (Livingston, Macomb,
Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties) for the 2015
ozone NAAQS.
In accordance with 5 U.S.C. 553(d) of the Administrative Procedure
Act (APA), EPA finds there is good cause for this action to become
effective immediately upon publication. The immediate effective date
for this action is authorized under 5 U.S.C. 553(d)(1) of the APA,
which provides that rulemaking actions may become effective less than
30 days after publication if the rule grants or
[[Page 40098]]
recognizes an exemption or relieves a restriction, and section
553(d)(3), which allows an effective date less than 30 days after
publication as otherwise provided by the agency for good cause found
and published with the rule.
The purpose of the 30-day waiting period prescribed in section
553(d) is to ``give affected parties a reasonable time to adjust their
behavior before the final rule takes effect.'' Omnipoint Corp. v. Fed.
Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United
States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting
legislative history). However, when the agency grants or recognizes an
exemption or relieves a restriction, affected parties do not need a
reasonable time to adjust because the effect is not adverse.
This action, however, does not create any new regulatory
requirements such that affected parties would need time to prepare
before the rule takes effect. Rather, this action relieves Michigan of
various requirements for the Detroit area. In addition, EPA has
determined that this action removes from the SIP the 1993 versions of
several forms, reference tables, and general instructions, which are no
longer used by EGLE. Instead, upon the effective date of this action,
the SIP would be updated to require the 2019 or 2020 versions of these
forms, reference tables, and general instructions. These versions are
currently used by EGLE and aid sources in completing required
submittals via electronic format. For these reasons, EPA finds good
cause under 5 U.S.C. 553(d) for this action to become effective on the
date of publication of this action.
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Michigan
Regulations described in Section II of this preamble and set forth in
the amendments to 40 CFR part 52 below. EPA has made, and will continue
to make, these documents generally available through
<a href="http://www.regulations.gov">www.regulations.gov</a>, and at the EPA Region 5 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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IV. 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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 September 6, 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 nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
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: June 29, 2022.
Cheryl Newton,
Deputy Regional Administrator, Region 5.
For the reasons stated in the preamble, 40 CFR part 52 is amended
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. Section 52.1170 is amended:
0
a. In the table in paragraph (c), under ``State Statutes'', by revising
the entries for ``Act 348 of 1965, as amended'' (with a State effective
date of 1990) and ``Act 451 of 1994, as amended''; and
0
b. In the table in paragraph (e):
0
i. By revising the entry for ``Information supporting emissions
statement program''; and
0
ii. Under ``Emissions Inventories'' by adding an entry for ``2015 8-
hour ozone 2017 base year'' before the entry for ``1997 annual
PM<INF>2.5</INF> 2005 base year''.
The revisions and addition read as follows:
[[Page 40099]]
Sec. 52.1170 Identification of plan.
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(c) * * *
EPA-Approved Michigan Regulations
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State
Michigan citation Title effective date EPA approval date Comments
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State Statutes
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Act 348 of 1965, as amended Air Pollution Act.... 1990 7/6/2022, [INSERT Only section 14a.
Federal Register
CITATION].
Act 451 of 1994, as amended Natural Resources and 3/30/1995 7/6/2022, [INSERT Only sections
Environmental Federal Register 324.5003, 324.5524
Protection Act. CITATION]. and 324.5525.
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(e) * * *
EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
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Name of nonregulatory SIP Applicable geographic State
provision or nonattainment area submittal date EPA approval date Comments
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Information supporting Statewide............ 12/18/2020 7/6/2022, [INSERT 2020 version of AQD-
emissions statement Federal Register 013, 2019 version of
program. CITATION]. MAERS form SB-101
Submit, 2019 version
of MAERS form S-101
Source, 2019 version
of MAERS form A-101
Activity, 2019
version of MAERS
form EU-101 Emission
Unit, 2019 version
of MAERS form E-101
Emissions, January
2020 MAERS User
Guide.
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Emissions Inventories
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2015 8-hour ozone 2017 base Detroit area 12/18/2020 7/6/2022, [INSERT
year. (Livingston, Macomb, Federal Register
Monroe, Oakland, St. CITATION].
Clair, Washtenaw,
and Wayne Counties).
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[FR Doc. 2022-14321 Filed 7-5-22; 8:45 am]
BILLING CODE 6560-50-P
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