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Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Proposed Rules
II. What is EPAs analysis of this SIP
submission?
Pursuant to section 110a, states must provide reasonable notice and opportunity for public hearing for all infrastructure SIP submissions. On September 28, 2018, EGLE opened a five-week comment period and provided the opportunity for public hearing. Comments were integrated into the SIP submission.
Michigan provided a detailed synopsis of how various components of its SIP meet each of the applicable requirements in section 110a2 for the 2015 ozone NAAQS, as applicable. The following review evaluates the states submission.

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A. Section 110a2AEmission Limits and Other Control Measures This section requires SIPs to include enforceable emission limitations and other control measures, means, or techniques, as well as schedules and timetables for compliance, as may be necessary or appropriate to meet the applicable requirements. This submission is required to demonstrate that the state of Michigan can comply with the implementation of the NAAQS
2015 Ozone standard.
Under Part 55 of the Natural Resources Protection Act, PA 451
promulgated in 1994, Michigan Compiled Laws MCL Sections 324.5503 and 324.5512 authorize the EGLE director to regulate the discharge of air pollutants, to create rules and to establish standards regarding air quality and emissions.
EPAs 2013 Guidance states that to satisfy section 110a2A
requirements, an air agencys submission should identify existing EPA-approved SIP provisions or new SIP provisions that the air agency has adopted and submitted for EPA
approval that limit emissions of pollutants relevant to the subject NAAQS, including precursors of the relevant NAAQS pollutant where applicable.
We believe that EGLE has the necessary components contained in its MCL and MAC to comply with the 2015
NAAQS Ozone standard. Emission limits for ozone precursors are contained in Michigan Administrative Code MAC Rules 336.1101 through 336.2908. Specifically, MAC Rules 336.1601 through 336.1661 apply to existing sources of volatile organic compounds VOC, Rules 336.1701
through 336.1710 apply to new sources of VOCs, and Rules 336.1801 through 1834 apply to oxides of nitrogen NOX
from stationary sources. Methods of
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control and compliance are contained within these rules.
In this rulemaking, EPA is not proposing to approve any new provisions in MCL Chapter 336 or MCL
Chapter 324. EPA is also not proposing to approve or disapprove any existing state provisions or rules related to startup, shutdown or malfunction or directors discretion in the context of section 110a2A. EPA proposes that Michigan has met the infrastructure SIP
requirements of section 110a2A
with respect to the 2015 ozone NAAQS.
B. Section 110a2BAmbient Air Quality Monitoring/Data System This section requires SIPs to provide for installation and operation of devices used to monitor, compile, and analyze ambient air quality data, and upon request, make such data available to EPA. These requirements include monitoring air quality for the relevant NAAQS pollutants at the proper locations in accordance with network requirements 40 CFR parts 53 and 58, submitting said data to the Air Quality System AQS in a timely manner 40
CFR part 58, providing the data with description of any discrepancies to the appropriate EPA Regional Office 40
CFR 58.10 and obtaining EPA approval for any changes to monitoring sites or network plan.
EGLEs annual reporting requirements are contained in Rules 336.201 through 336.205 of MAC. EGLE enters air monitoring data into AQS, and the state provides EPA with prior notification when changes to its monitoring network or plan are being considered. An annual network review is submitted to EPA to ensure EGLEs air monitoring operations comply with applicable Federal requirements, including the updated ozone NAAQS standard. The last submission to EPA was approved on October 28, 2020. EPA approved air quality monitors and monitor locations capable of detecting ozone and ozone precursors at the revised NAAQS level.
EPA proposes that EGLE has met the infrastructure SIP requirements of section 110a2B with respect to the 2015 ozone NAAQS.
C. Section 110a2CProgram for Enforcement of Control Measures; Minor NSR; PSD
This section requires SIPs to set forth a program providing for enforcement of all SIP measures, and the regulation of construction of new and modified stationary sources to meet New Source Review NSR requirements under Prevention of Significant Deterioration PSD and Nonattainment NSR NNSR
programs. Part C of the CAA sections
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160169B addresses PSD, while part D
of the CAA sections 171193 addresses NNSR requirements. EPAs 2013
Guidance states that the NNSR
requirements of section 110a2C are generally outside the scope of infrastructure SIPs; however, a state must provide for regulation of minor sources and minor modifications minor NSR.
1. Program for Enforcement of Control Measures A states infrastructure SIP
submission should identify the statutes, regulations, or other provisions in the SIP that provide for enforcement of emission limits and control measures.
EGLE maintains this authority through MCL 324.5501324.5542. The authority for rulemaking to establish emission limits and promulgate rules for permit programs is contained in MCL 324.5505
and MCL 324.5506. MCL 324.5526 and 324.5528 gives EGLE authority to reasonably inspect facilities and to enforce violations of the established rules, respectively. Civil action may be taken against any entity that violates these provisions under PA 451.
Additional enforcement provisions including voluntary agreement of investigation, notice to discontinue pollution, power of investigation and inspection, and other violation rules are contained in MCL 324.5515, 324.5518
and 324.5526324.5532 respectively.
EPA proposes that EGLE meets the requirements of 110a2C with respect to enforceability of control measures contained in its MCL
regarding the 2015 ozone NAAQS.
2. Minor NSR
To satisfy the sub element for preconstruction regulation of the modification and construction of minor stationary sources and the minor modification of major stationary sources, an infrastructure SIP
submission should identify the existing EPA approved SIP provisions and/or include new provisions that govern the minor source pre-construction program that regulates emissions of the relevant NAAQS pollutants. The EPA rules addressing SIP requirements for preconstruction regulatory programs that apply to minor sources and minor modifications are at 40 CFR 51.160
through 51.164.
The State of Michigans minor source permit to install rules are contained in Part 2 Air Use Approval of the Michigan Administrative Code. Changes to the Part 2 rules were submitted on November 12, 1993; May 16, 1996; April 3, 1998; September 2, 2003; March 24, 2009; and February 28, 2017. EPA

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