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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Proposed Rules 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. 1044;
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 12d 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 Clean Air Act;
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.

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List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 11, 2021.
Deborah Szaro, Acting Regional Administrator, EPA Region 1.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR05OAR20200385; FRL882601
R5

Air Plan Approval; Michigan; Sulfur Dioxide Clean Data Determination for St. Clair Environmental Protection Agency EPA.
ACTION: Proposed rule.
AGENCY:

The Environmental Protection Agency EPA is proposing to make a determination that the St. Clair sulfur dioxide SO2 nonattainment area has attained the 2010 primary SO2 National Ambient Air Quality Standard 2010
SO2 NAAQS. If finalized, this determination would suspend certain requirements for the nonattainment area for as long as the area continues to attain the 2010 SO2 NAAQS.
DATES: Comments must be received on or before September 16, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPAR05
OAR20200385 at http
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 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 http www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Mary Portanova, Environmental Engineer, Control Strategies Section, Air Programs Branch AR18J, SUMMARY:

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Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, 312 3535954
portanova.mary@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 COVID19.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever we, us, or our is used, we mean EPA.
I. Background The St. Clair area was designated nonattainment for the 2010 SO2 NAAQS
on July 12, 2016 81 FR 45039, based on air quality modeling showing violations of the standard. The two SO2emitting facilities in the St. Clair area are DTE Energy-Belle River Belle River plant and DTE Energy-St. Clair St.
Clair plant, which are both coal-fired power plants. The nonattainment area consists of a portion of southeastern St.
Clair County, Michigan, located northeast of Detroit. The nonattainment area shares a border with Ontario, Canada along the St. Clair River. See the areas complete boundary description at 40 CFR 81.323.
The Michigan Department of Environment, Great Lakes, and Energy EGLE was required to prepare a nonattainment State Implementation Plan NA SIP by March 12, 2018 to bring the St. Clair area into attainment by the attainment date of September 12, 2021, but EGLE did not submit a complete NA SIP for the St. Clair area by the March 12, 2018 deadline. On September 20, 2019 84 FR 49462, EPA
issued a finding of failure to submit FFS a SIP required for attainment of the 2010 SO2 NAAQS.
EGLE has informed EPA that DTE
intends to close the St. Clair plant in 2022, and use a new natural gas power plant, already under construction, to generate electric power in its place. This plant closure and replacement is expected to result in a large SO2
emission reduction for the area, but the expected SO2 reductions would not occur in time to be a timely element of the required 2018 NA SIP for the St.
Clair area. Nevertheless, the September 20, 2019 FFS resulted in the initiation of an 18-month clock toward imposition of sanctions for the state under CAA
section 179, unless an approvable SO2
SIP is submitted and deemed complete by EPA. See 40 CFR 52.31d5. In addition, the FFS started a two-year clock by which EPA is required under CAA section 110c to promulgate a Federal Implementation Plan FIP for the area, unless the state submits and
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