Rule2024-30583
Determination of Attainment by the Attainment Date; Michigan; St. Clair 2010 Sulfur Dioxide Nonattainment Area
Primary source
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Published
December 26, 2024
Effective
January 27, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is making a final determination that the St. Clair, MI sulfur dioxide (SO<INF>2</INF>) nonattainment area attained the 2010 SO<INF>2</INF> national ambient air quality standard (NAAQS) by the date of September 12, 2021, addressing EPA's obligation under the Clean Air Act (CAA) to determine whether the area attained the 2010 SO<INF>2</INF> NAAQS attainment date. EPA proposed this action on September 26, 2024, and received no comments.
Full Text
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<title>Federal Register, Volume 89 Issue 247 (Thursday, December 26, 2024)</title>
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[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Rules and Regulations]
[Pages 104884-104886]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30583]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2020-0385; FRL-12224-02-R5]
Determination of Attainment by the Attainment Date; Michigan; St.
Clair 2010 Sulfur Dioxide Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is making a final
determination that the St. Clair, MI sulfur dioxide (SO<INF>2</INF>)
nonattainment area attained the 2010 SO<INF>2</INF> national ambient
air quality standard (NAAQS) by the date of September 12, 2021,
addressing EPA's obligation under the Clean Air Act (CAA) to determine
whether the area attained the 2010 SO<INF>2</INF> NAAQS attainment
date. EPA proposed this action on September 26, 2024, and received no
comments.
DATES: This final rule is effective on January 27, 2025.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2020-0385. All documents in the docket are listed on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in the index,
some information is not publicly available, i.e., Confidential Business
Information (CBI), Proprietary Business Information (PBI), 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="https://www.regulations.gov">https://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. We recommend that
you telephone Alexis Bender, at (312) 886-9497, <a href="/cdn-cgi/l/email-protection#accec9c2c8c9de82cdc0c9d4c5dfecc9dccd82cbc3da"><span class="__cf_email__" data-cfemail="086a6d666c6d7a2669646d70617b486d7869266f677e">[email protected]</span></a>
before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Alexis Bender, Air and Radiation
Division (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-9497,
<a href="/cdn-cgi/l/email-protection#b3d1d6ddd7d6c19dd2dfd6cbdac0f3d6c3d29dd4dcc5"><span class="__cf_email__" data-cfemail="accec9c2c8c9de82cdc0c9d4c5dfecc9dccd82cbc3da">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
On September 26, 2024 (89 FR 78837), EPA proposed to determine that
the St. Clair, MI SO<INF>2</INF> nonattainment area attained the 2010
SO<INF>2</INF> NAAQS by the attainment date of September 12, 2021. This
determination is based on annual SO<INF>2</INF> emissions data, modeled
data, and certified ambient air quality data from EPA's December 7,
2021, Clean Data Determination for St. Clair, based on 2017 to 2019
data, as well as publicly available additional supporting 2020 data. A
detailed explanation of the CAA requirements 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 October 28, 2024. EPA received no comments
on the proposal.
II. Final Determination
EPA is making a determination that the St. Clair nonattainment area
attained the 2010 SO<INF>2</INF> NAAQS by the relevant attainment date
of September 12, 2021. The determination of attainment by the
attainment date does not constitute a redesignation of the St. Clair,
MI nonattainment area to attainment of the 2010 SO<INF>2</INF> NAAQS
under section 107(d)(3) of the CAA. The St. Clair area will remain
designated nonattainment for the 2010 SO<INF>2</INF> NAAQS until such
time as EPA approves a redesignation request and accompanying 10-year
[[Page 104885]]
maintenance plan, and EPA determines that the area meets the
requirements of CAA section 107(d)(3) and provides for maintenance as
required by CAA section 175A.
This final action will address EPA's obligation under CAA section
179(c) to determine if the St. Clair Area attained the 2010
SO<INF>2</INF> NAAQS by the attainment date of September 12, 2021.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review, and Executive
Order 14094: Modernizing Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Order 14094 (88 FR
21879, April 11, 2023).
B. Paperwork Reduction Act (PRA)
This rule does not impose an information collection burden under
the provisions of the PRA of 1995 (44 U.S.C. 3501 et seq.). This action
does not contain any information collection activities and serves only
to make a final determination that the St. Clair, Michigan
nonattainment area attained the 2010 SO<INF>2</INF> NAAQS by the
September 12, 2021, attainment date.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA (5
U.S.C. 601 et seq.). The determination of attainment by attainment date
action of attaining the 2010 SO<INF>2</INF> NAAQS will not impose any
requirements on small entities or will not create any new requirements
beyond what is mandated by the CAA.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.
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. The
division of responsibility between the Federal government and the
states for purposes of implementing the NAAQS is established under the
CAA.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 9, 2000), requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by Tribal officials in the development of regulatory policies
that have Tribal implications.'' This action does not have Tribal
implications as specified in Executive Order 13175. This action does
not apply on any Indian reservation land, any other area where EPA or
an Indian Tribe has demonstrated that a Tribe has jurisdiction, or non-
reservation areas of Indian country. Thus, Executive Order 13175 does
not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying 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 it 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 (66 FR 28355,
May 22, 2001) because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards. Therefore,
EPA is not considering the use of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
Executive Order 14096 (Revitalizing Our Nation's Commitment to
Environmental Justice for All, 88 FR 25251, April 26, 2023) builds on
and supplements E.O. 12898 and defines EJ as, among other things, the
just treatment and meaningful involvement of all people, regardless of
income, race, color, national origin, or Tribal affiliation, or
disability in agency decision-making and other Federal activities that
affect human health and the environment.''
EPA did not perform an EJ analysis and did not consider EJ in this
action. Due to the nature of the action being taken here, this action
is expected to have a neutral to positive impact on the air quality of
the affected area. Consideration of EJ is not required as part of this
action, and there is no information in the record inconsistent with the
stated goal of E.O. 12898/14096 of achieving EJ for communities with EJ
concerns.
K. Congressional Review Act
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).
L. 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 February 24, 2025. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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, Sulfur dioxide.
Dated: December 18, 2024.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, title 40 CFR part 52 is
amended as follows:
[[Page 104886]]
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 ``2010 Sulfur Dioxide Determination of Attainment by the
Attainment Date'' before the entry for ``Determination of failure to
attain the 2010 SO<INF>2</INF> standard'' to read as follows:
Sec. 52.1170 Identification of plan.
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(e) * * *
EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
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State
Name of nonregulatory SIP provision Applicable geographic or submittal EPA Approval date Comments
non- attainment area date
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* * * * * * *
2010 Sulfur Dioxide Determination of St. Clair County (part). ........... 12/26/2024, [INSERT ...........
Attainment by the Attainment Date. FIRST PAGE OF Federal
Register CITATION].
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[FR Doc. 2024-30583 Filed 12-23-24; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on December 26, 2024.
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