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Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Proposed Rules section 110a2J. These links will be discussed in the appropriate areas below. EPA proposes that Michigan has met the infrastructure SIP requirements of section 110a2C with respect to the 2015 ozone NAAQS.
D. Section 110a2DInterstate Transport Section 110a2D has two components: 110a2Di and 110a2Dii. Section 110a2Di includes four distinct components, commonly referred to as prongs, that must be addressed in infrastructure SIP
submissions. The first two prongs, which are codified in section 110a2DiI, prohibit any source or other type of emissions activity in one state from contributing significantly to nonattainment of the NAAQS in another state prong 1 and from interfering with maintenance of the NAAQS in another state prong 2. The third and fourth prongs, which are codified in section 110a2DiII, prohibit emissions activity in one state from interfering with measures required to prevent significant deterioration of air quality in another state prong 3 or from interfering with measures to protect visibility in another state prong 4.
Section 110a2DiI requires SIPs to include provisions prohibiting any source or other type of emissions activity in one state from contributing significantly to nonattainment, or interfering with maintenance, of the NAAQS in another state.
Section 110a2DiII requires that SIPs include provisions prohibiting any source or other type of emissions activity in one state from interfering with measures required to prevent significant deterioration of air quality or to protect visibility in another state.

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1. Significant Contribution to Nonattainment In this rulemaking, EPA is not evaluating section 110a2DiI
requirements relating to significant contribution to nonattainment for the 2015 ozone NAAQS. Instead, EPA will evaluate these requirements in a separate rulemaking.
2. Interference With Maintenance In this rulemaking, EPA is not evaluating section 110a2DiI
requirements relating to significant contribution to nonattainment for the 2015 ozone NAAQS. Instead, EPA will evaluate these requirements in a separate rulemaking.
3. Interference With PSD
EPA notes that Michigans satisfaction of the applicable infrastructure SIP PSD

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requirements for the 2015 ozone NAAQS have been detailed in the section addressing section 110a2C.
EPA further notes that the proposed actions in that section related to PSD are consistent with the proposed actions related to PSD for section 110a2DiII, and they are reiterated below.
EPA has previously approved revisions to Michigans SIP that meet certain requirements obligated by the Phase 2 Rule and the 2008 NSR Rule.
These revisions included provisions that: Explicitly identify NOX as a precursor to ozone, explicitly identify SO2 and NOX as precursors to PM2.5 and regulate condensable PM2.5 and PM10 in applicability determinations and establishing emissions limits. EPA has also previously approved revisions to Michigans SIP that incorporate the PM2.5 increments and the associated implementation regulations including the major source baseline date, trigger date, and level of significance for PM2.5
per the 2010 NSR Rule. EPA is proposing that Michigans SIP contains provisions that adequately address the 2015 ozone NAAQS.
States also have an obligation to ensure that sources located in nonattainment areas do not interfere with a neighboring states PSD program.
One way that this requirement can be satisfied is through an NNSR program consistent with the CAA that addresses any pollutants for which there is a designated nonattainment area within the state.
Michigans EPA approved NNSR
regulations found in Part 2 of the SIP, specifically in Michigan Administrative Code sections Rules 336.1220 and R
336.1221, are consistent with 40 CFR
51.165, or 40 CFR part 51, appendix S.
Therefore, EPA proposes that Michigan has met all the applicable PSD
requirements for the 2015 ozone NAAQS for transport prong 3 related to section 110a2DiII.
4. Interference With Visibility Protection In this rulemaking, EPA is proposing to disapprove Michigans satisfaction of the visibility protection requirements of section 110a2DiII, transport prong 4, for the 2015 ozone NAAQS.
Michigan has a partially approved Regional Haze Plan and is subject to FIPs for a few source categories. See 81
FR 21672 April 12, 2016 for more information on the FIPs that apply to this area. EPA is proposing to disapprove because Michigan does not have a fully approved Regional Haze SIP; however, because the FIP clocks were started by a different action, and
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the FIPs are already in place, no further action is needed as a result of this element.
5. Interstate and International Pollution Abatement Section 110a2Dii requires each SIP to contain adequate provisions requiring compliance with the applicable requirements of section 126
and section 115 relating to interstate and international pollution abatement, respectively.
Section 126a requires new or modified sources to notify neighboring states of potential impacts from the source. The statute does not specify the method by which the source should provide the notification. States with SIP-approved PSD programs must have a provision requiring such notification by new or modified sources. A lack of such a requirement in state rules would be grounds for disapproval of this element.
Michigan has provisions in its EPA
approved PSD program in Michigan Administrative Code Rule 336.2817
requiring new or modified sources to notify neighboring states of potential negative air quality impacts and has referenced this program as having adequate provisions to meet the requirements of section 126a. EPA is proposing that Michigan has met the infrastructure SIP requirements of section 126a. Michigan does not have any obligations under any other subsection of section 126, nor does it have any pending obligations under section 115. EPA, therefore, is proposing that Michigan has met all applicable infrastructure SIP requirements of section 110a2Dii for the 2015
ozone NAAQS.
E. Section 110a2EAdequate Authority and Resources; State Board Requirements This section requires each state to provide for adequate personnel, funding, and legal authority under state law to carry out its SIP, and related issues. Section 110a2Eii also requires each state to comply with the requirements respecting state boards under section 128.
1. Adequate Resources To satisfy the adequate resources requirements of section 110a2E, the state should provide assurances that its air agency has adequate resources, personnel, and legal authority to implement the relevant NAAQS.
EGLEs SIP program is funded through 105 and 103 grants and matching funds from the states General Fund. As discussed in earlier sections,
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