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Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR05OAR20200412; FRL10023
86Region 5

Air Plan Approval; Michigan; Part 18
and Part 19 Revisions Environmental Protection Agency EPA.
ACTION: Direct final rule.
AGENCY:

The Environmental Protection Agency EPA is approving Michigan Department of Environment, Great Lakes, and Energy EGLE promulgated revisions to its Part 18 Prevention of Significant Deterioration of Air Quality rule and the Part 19 New Source Review for Major Sources Impacting Nonattainment Areas rule. The revisions made to Part 18 and Part 19 were adopted to ensure consistency with Federal rule language and other parts of the Michigan air quality rules. The rule changes are administrative and are intended to provide clarity to the already approved rule language.
DATES: This direct final rule is effective July 12, 2021, unless EPA receives adverse comments by June 11, 2021. 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. EPAR05
OAR20200412 at http
www.regulations.gov or via email to damico.genevieve@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,
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SUMMARY:

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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:
YeChan Lim, Environmental Engineer, Air Permits Section, Air Programs Branch AR18J, Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, 312 8867259, lim.yechan@
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. What action is EPA taking?
On August 5, 2020, EGLE submitted a revision to its Michigan State Implementation Plan SIP. The changes are administrative and involve wording changes to ensure consistency across the Michigan Part 18 and 19 rules, updates to make the Michigan rules consistent with Federal requirements, transfer of adoptions by reference, and corrections to grammar and typographical errors.
EPA is approving into the Michigan SIP revisions to Michigan air pollution control rules Part 18, Prevention of Significant Deterioration of Air Quality.
Specifically, we are approving revisions to R 336.2801 Definitions, R 336.2802
Applicability, R 336.2809
Exemptions, R 336.2810 Control technology review, R 336.2813 Air quality analysis, R 336.2816 Sources impacting federal class I areas;
additional requirements, and R
336.2823 Actuals plantwide applicability limits PALs. These revisions were made to ensure consistency with Federal rule language and other parts of the Michigan air quality rules.
EPA is also approving into the Michigan SIP revisions to Part 19, New Source Review for Major Sources Impacting Nonattainment Areas.
Specifically, we are approving revisions to R 336.2901 Definitions, R 336.2902
Applicability, R 336.2903
Additional permit requirements for sources impacting nonattainment areas, R 336.2907 Actuals plant wide applicability limits or PALs, and R 336.2908 Conditions for approval of a major new source review permit in a nonattainment area. Part 19 was missing definitions that were in the corresponding Federal regulations. The R 336.2901 revisions provided
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definitions for the phrases Functionally equivalent component and Process Unit, along with revisions to the definition Net emissions increase. Additionally, portions of R 336.2802 and R 336.2902
were based on identical Federal language, and revisions were made to ensure consistency in rule interpretation across both of these rule parts and with Federal regulations. These revisions were made to ensure consistency with Federal rule language and other parts of the Michigan air quality rules. Finally, EPA is approving into the Michigan SIP, the removal of R 336.2901a from Part 19. R 336.2901a, the adoption by reference, was transferred to Part 9 of Michigans administrative rules. EGLE
also requested the removal of R 336.2801a from Part 18 of the SIP
however, R 336.2801a was never approved into the SIP. Therefore, EPA
will not be acting on that request.
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 July 12, 2021 without further notice unless we receive relevant adverse written comments by June 11, 2021. 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 July 12, 2021.
II. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR

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