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Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Rules and Regulations
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Clean Air Act CAA. EPA is approving the base year emissions inventory and affirming that the nonattainment new source review NNSR requirements for the area have been met. EPA is disapproving the attainment demonstration, as well as the requirements for meeting reasonable further progress RFP toward attainment of the NAAQS, reasonably available control measures and reasonably available control technology RACM/RACT, and contingency measures. Finally, EPA is disapproving the plans control measures for two facilities as not demonstrating attainment and is approving the enforceable control measures for two facilities as SIP strengthening.
DATES: This final rule is effective on April 19, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPAR05OAR20160321. 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 Sarah Arra, Environmental Scientist, at 312
8869401 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT:
Sarah Arra, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch AR18J, Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, 312 8869401, Arra.Sarah@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever we, us, or our is used, we mean EPA.
I. What actions did EPA propose on this SIP submission?
On September 18, 2020, 1 EPA
proposed to partially approve and 1 85

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partially disapprove a revision to the Michigan SIP submitted on May 31, 2016, supplemented on June 30, 2016.
EPA proposed to take the following actions:
1 EPA proposed to disapprove Michigan Administrative Code MAC
336.1430 Rule 430 because the Michigan Court of Claims invalidated Rule 430 on October 4, 2017. Therefore, there is no enforceable rule remaining at the state level for EPA to incorporate into the SIP.
2 EPA proposed to disapprove the Detroit SO2 attainment plan pursuant to 172c and 192a, because it relied on Rule 430 to demonstrate attainment, which can no longer be relied on as an enforceable mechanism.
3 Because of the lack of enforceable measures from Rule 430, the remaining control strategies can no longer be assessed as a part of a complete attainment demonstration. Instead, EPA
proposed to approve two permits as SIP
strengthening, Carmeuse Limes Permit to Install 19314A and DTE Energy Trenton Channels Permit to Install 125
11C. SIP strengthening is appropriate for limits that improve air quality but do not meet a specific CAA requirement.
4 EPA proposed to disapprove the DTE River Rouge permit, Permit to Install 4008H, because it was recently superseded by a new permit to install, not included in the SIP package, that corrected an error in the long-term averaging calculation for the superseded permit.
5 EPA proposed to approve the 2012
baseline inventory as meeting the requirements of CAA section 172c3
and 4 for the Detroit SO2 NAA.
6 EPA proposed to affirm that the new source review requirements for the area have been met because Michigan has a fully approved NNSR Program.2
7 Because the Detroit plan is missing enforceable measures for some major sources of SO2 and is therefore not able to demonstrate attainment, EPA
proposed to disapprove the following:
The requirements in CAA sections 172c1 and 6 to adopt and submit all RACM/RACT and emissions limitations or control measures as needed to attain the standard as expeditiously as practicable.
The requirement in section 172c2
to provide for RFP toward attainment in the Detroit SO2 NAA.
The requirement in section 172c9
to provide for contingency measures to be undertaken if the area fails to make RFP or to attain NAAQS by the attainment date.
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EPAs action to disapprove portions of the Detroit attainment plan will start new sanctions clocks under CAA
section 179ab which can be stopped only if the conditions of EPAs regulations at 40 CFR 52.31 3 are met.
Only a full SIP approval or EPAs promulgation of a Federal implementation plan FIP under CAA
section 110c1 can stop FIP clocks, so this action does not have any effect on the FIP clock that started April 18, 2016.4
II. What is our response to comments received on the proposed rulemaking?
The proposed action described above had a public comment period that closed October 19, 2020, and then by request, was reopened until November 16, 2020. This action received 21
supportive comments, nine comments not directly relevant to the rulemaking, and a joint comment letter from Sierra Club and Earth Justice that was partially adverse. This joint comment letter is summarized below along with EPAs responses.
Comment: The commenters contend that the states modeling contains several flaws and the modeling methodology should be explicitly disapproved. The commenters went on to point out several elements with which they took issue in the modeling.
The commenters additionally provided their own modeling demonstration showing further reductions needed from several sources in the area.
Response: The states modeling is part of the attainment demonstration which is being disapproved as part of this action. Because the attainment demonstration is not approvable due to enforceability issues, it is not necessary for EPA to determine whether or not the modeling supports attainment, when the modeling relies on limits that no longer exist. However, EPA has taken note of the modeling concerns in this comment letter and will include them for consideration during the continued attainment planning efforts for this area.
Comment: The commenters pointed out that the reason for the invalidation of Rule 430 was because Michigan does not have authority to impose facilityspecific limits. The commenters contend that EPA should consider whether a SIP-call under CAA section 110k5 is needed due to Michigan appearing to not meet the requirement of section 110a2Ei to have adequate authority to carry out its implementation plan. EPA should also 3 EPAs regulations regarding the implementation of sanctions requirements required by 179a.
4 81 FR 14736 March 18, 2016.

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