Federal Register - July 2, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Proposed Rules 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.
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 as specified by Executive Order 13175 65 FR 67249, November 9, 2000, nor will it impose substantial direct costs on tribal governments or preempt tribal law.
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 28, 2021.
John Blevins, Acting Regional Administrator, Region 4.
FR Doc. 202114175 Filed 7121; 8:45 am BILLING CODE 656050P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR05OAR20190215; FRL10025
47Region 5
Air Plan Approval; Michigan; Partial Approval and Partial Disapproval for Infrastructure SIP Requirements for the 2015 Ozone NAAQS
Environmental Protection Agency EPA.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection Agency EPA is proposing to partially approve and partially disapprove 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 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
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not begin a new Federal Implementation Plan FIP clock, because the FIPs are already in place.
DATES: Comments must be received on or before August 2, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPAR05
OAR20190215 at http
www.regulations.gov, or via email to leslie.michael@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/docketgs/
commenting-epa-dockets.
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. This SUPPLEMENTARY INFORMATION
section is arranged as follows:
I. What is the background of this SIP
submission?
II. What is EPAs analysis of this SIP
submission?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background of this SIP
submission?
In this rulemaking, EPA is proposing to approve most elements and disapprove one element of a March 8, 2019 submission from Michigans
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Department of Environment, Great Lakes and Energy EGLE intended to address all applicable infrastructure requirements for the 2015 ozone NAAQS. EPA is disapproving the portion of the submission pertaining to the visibility protection requirements of section 110a2DiII with respect to the 2015 ozone NAAQS. The disapproval portion of this action does not begin a new FIP clock, because the FIPs are already in place. EPA will take action in a separate rulemaking on the portion of the submission pertaining to the interstate transport requirements of section 110a2DiI with respect to the 2015 ozone NAAQS.
Whenever EPA promulgates a new or revised NAAQS, CAA section 110a1
requires states to make SIP submissions to provide for the implementation, maintenance, and enforcement of the NAAQS. This type of SIP submission is commonly referred to as an infrastructure SIP. These submissions must meet the various requirements of CAA section 110a2, as applicable.
Due to ambiguity in some of the language of CAA section 110a2, EPA
believes that it is appropriate to interpret these provisions in the specific context of acting on infrastructure SIP
submissions. EPA has previously provided comprehensive guidance on the application of these provisions through our September 13, 2013
Infrastructure SIP Guidance and through regional actions on infrastructure submissions EPAs 2013 Guidance.1
Unless otherwise noted below, we are following that existing approach in acting on this submission. In addition, in the context of acting on such infrastructure submissions, EPA
evaluates the submitting states SIP for facial compliance with statutory and regulatory requirements, not for the states implementation of its SIP.2 EPA
has other authority to address any issues concerning a states implementation of the rules, regulations, consent orders, etc. that comprise its SIP.
1 EPA explains and elaborates on these ambiguities and its approach to address them in our September 13, 2013 Infrastructure SIP Guidance available at https www3.epa.gov/airquality/
urbanair/sipstatus/docs/Guidance_on_
Infrastructure_SIP_Elements_Multipollutant_
FINAL_Sept_2013.pdf, as well as in numerous agency actions, including EPAs prior action on Minnesotas infrastructure SIP to address the 2008
ozone, 2010 nitrogen dioxide NO2, 2010 sulfur dioxide SO2, and 2012 fine particulate matter PM2.5 NAAQS 80 FR 63436 October 20, 2015.
2 See U.S. Court of Appeals for the Ninth Circuit decision in Montana Environmental Information Center v. EPA, No. 1671933 Aug. 30, 2018.
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