Rule2023-00369
Air Plan Approval; Michigan; Base Year Emissions Inventory and Emissions Statement Rule for the 2015 Ozone Standard
Primary source
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Published
January 18, 2023
Effective
March 20, 2023
Issuing agencies
Environmental Protection Agency
Abstract
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County, Berrien County, and Muskegon County nonattainment areas under the 2015 ozone NAAQS and the removal of the repealed Act 348, Section 14a.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.
Full Text
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<title>Federal Register, Volume 88 Issue 11 (Wednesday, January 18, 2023)</title>
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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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00369]
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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.
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[[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> or via
email to <a href="/cdn-cgi/l/email-protection#c7a5aba6acaba2bee9b7a6aaa2aba687a2b7a6e9a0a8b1"><span class="__cf_email__" data-cfemail="81e3ede0eaede4f8aff1e0ece4ede0c1e4f1e0afe6eef7">[email protected]</span></a>. For comments submitted at
<a href="http://Regulations.gov">Regulations.gov</a>, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.epa.gov/dockets/commenting-epa-dockets</a>.
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, <a href="/cdn-cgi/l/email-protection#1c7f6e756f6c7970703279717570655c796c7d327b736a"><span class="__cf_email__" data-cfemail="3754455e4447525b5b19525a5e5b4e7752475619505841">[email protected]</span></a>. 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
(NO<INF>X</INF>) in the atmosphere in the presence of sunlight (VOC and
NO<INF>X</INF> are referred to as ozone precursors). Therefore, an
emissions inventory for ozone focuses on the emissions of VOC and
NO<INF>X</INF>. 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. NO<INF>X</INF> 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 NO<INF>X</INF>
emissions for four general classes of anthropogenic sources: stationary
point sources; area sources; on-road mobile sources; and off-road
mobile sources.
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\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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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 NO<INF>X</INF> or
VOC to provide the state with an annual statement documenting the
actual emissions of NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF>.
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 NO<INF>X</INF>
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
NO<INF>X</INF> 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.
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\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]
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Total NOX
County/NAA Event Biogenics Area Non-road On-road Point
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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
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Table 2--2017 Ozone Season Day VOC Emissions
[Tons/day]
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County/NAA Event Biogenics Area Non-road On-road Point Total VOC
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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
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EGLE estimated NO<INF>X</INF> 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 NO<INF>X</INF> and VOC
emissions within the source facilities and to report actual
NO<INF>X</INF> 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
NO<INF>X</INF> 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: <a href="https://www.michigan.gov/documents/deq/deq-aqd-sip-pub_notice_Info_610029_7.pdf">https://www.michigan.gov/documents/deq/deq-aqd-sip-pub_notice_Info_610029_7.pdf</a>. 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:
<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 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 PM<INF>2.5</INF> 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.
* * * * * * *
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* * * * *
(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).
* * * * * * *
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[FR Doc. 2023-00369 Filed 1-17-23; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on January 18, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.