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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations
not the primary interest furthered by the request. The Agency ordinarily will presume that when a news media requester has satisfied paragraphs k2i and ii, the request is not primarily in the commercial interest of the requester. Disclosure to data brokers or others who merely compile and market government information for direct economic return will not be presumed to primarily serve the public interest.
3 Where only some of the records to be released satisfy the requirements for a waiver of fees, a waiver must be granted for those records.
4 Requests for a waiver or reduction of fees should be made when the request is first submitted to the Agency and should address the criteria referenced in paragraphs k1 and 2 of this section.
A requester may submit a fee waiver request at a later time so long as the underlying record request is pending or on administrative appeal. When a requester who has committed to pay fees subsequently asks for a waiver of those fees and that waiver is denied, the requester must pay any costs incurred up to the date the fee waiver request was received.
1401.30

Other rights and services.

Nothing in this subpart shall be construed to entitle any person, as of right, to any service or to the disclosure of any record to which such person is not entitled under the FOIA.
Dated: September 10, 2021.
Sarah Cudahy, General Counsel.
FR Doc. 202119906 Filed 92721; 8:45 am BILLING CODE 673201P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR05OAR20190215; FRL899902
R5

Air Plan Approval; Michigan; Partial Approval and Partial Disapproval for Infrastructure SIP Requirements for the 2015 Ozone NAAQS
Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:

The Environmental Protection Agency EPA is partially approving and partially disapproving elements of a State Implementation Plan SIP
submission from Michigan regarding the infrastructure requirements of section 110 of the Clean Air Act CAA for the
SUMMARY:

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2015 ozone National Ambient Air Quality Standards NAAQS. The infrastructure requirements are designed to ensure that the structural components of each states air quality management program are adequate to meet the states responsibilities under the CAA. The disapproval portion of this action does not begin a new Federal Implementation Plan FIP clock, because the FIPs are already in place. EPA proposed to approve this action on Friday, July 2, 2021 and received no adverse comments.
DATES: This final rule is effective on October 28, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPAR05OAR20190215. All documents in the docket are listed on the www.regulations.gov 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 www.regulations.gov 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 COVID19. We recommend that you telephone Olivia Davidson, Environmental Scientist, at 312 8860266 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Olivia Davidson, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch AR18J, Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, 312 8860266, davidson.olivia@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever we, us, or our is used, we mean EPA.
I. Background Information On July 2, 2021, EPA proposed to approve most elements and disapprove an element of a submission from the Michigan Department of Environment, Great Lakes, and Energy EGLE
certifying that its current SIP is sufficient to meet the required infrastructure elements under sections 110a1 and 2 for the 2015 ozone
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NAAQS 86 FR 35247. An explanation of the CAA requirements, a detailed analysis of the revisions, and EPAs 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 August 2, 2021.
During the comment period, EPA
received two comments on the proposed rule. The first comment was in support of the action, and a second comment was submitted by the New Jersey Department of Environmental Protection NJDEP pertaining to the prong 4
visibility requirements portion of which EPA is disapproving. EPA does not believe the comment received from NJDEP pertains to this action. At the time of submittal, EGLE referenced their five-year progress report from the first planning period approved on June 1, 2018 83 FR 25375 which cites the regional haze FIP currently in place to show compliance with the Regional Haze Program, approved April 12, 2016
81 FR 21672. The comment addressed an emission source affecting a Federal Class I area in New Jersey and asked that EPA consider the sources contribution to visibility degradation in future actions. Further, EPA received an email identifying a small typographical error in the table at the end of the proposed rulemaking identifying which elements we are approving, disapproving, or not taking action on.
The table incorrectly stated that EPA
was approving 110a2D12, referred to as prong 1 and prong 2, interstate transport with significant contribution to nonattainment and interference with maintenance, respectively. The table is corrected in this action to reflect taking no action on said transport requirements. EPA will take action on those portions in a separate rulemaking. 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 this action and therefore not adverse to this action.
The comments lack the required specificity to the proposed SIP revision 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 on the SIP submission from what EPA proposed. Therefore, we are finalizing our action as proposed.
II. Final Action EPA is approving most elements and disapproving an element of a March 8, 2019 submission from EGLE certifying that its current SIP is sufficient to meet
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