35244 Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Proposed Rules 

actions are categorically excluded from 

further review under paragraph L60(a) 

of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. A preliminary Record of 

Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. We 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2021–0451 in the ‘‘SEARCH’’ 

box and click ‘‘SEARCH.’’ Next, look for 

this document in the Search Results 

column, and click on it. Then click on 

the Comment option. If you cannot 

submit your material by using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this proposed rule 

for alternate instructions. 

Viewing material in docket. To view 

documents mentioned in this proposed 

rule as being available in the docket, 

find the docket as described in the 

previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. We review all 

comments received, but we will only 

post comments that address the topic of 

the proposed rule. We may choose not 

to post off-topic, inappropriate, or 

duplicate comments that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard is proposing 

to amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0451 to read as 

follows: 

§ 165.T08–0451 Safety Zone; Ohio River, 

Newburgh, IN. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Ohio River between MM 777.3 to MM 

778.3 in Newburgh, IN. 

(b) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by VHF–FM radio 

channel 16 or phone at 1–800–253– 

7465. Those in the safety zone must 

comply with all lawful orders or 

directions given to them by the COTP or 

the COTP’s designated representative. 

(c) Enforcement period. This section 

will be enforced from 9:30 p.m. to 10 

p.m. on September 4, 2021. 

Dated: June 29, 2021. 

A.M. Beach, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Ohio Valley. 

[FR Doc. 2021–14228 Filed 7–1–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0726; FRL–10025– 

46–Region 4] 

Air Plan Approval; North Carolina; 

Mecklenburg Miscellaneous Rules 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision to the Mecklenburg County 

portion of the North Carolina SIP, 

hereinafter referred to as the 

Mecklenburg Local Implementation 

Plan (LIP). The revision was submitted 

by the State of North Carolina, through 

the North Carolina Division of Air 

Quality (NCDAQ), on behalf of 

Mecklenburg County Air Quality 

(MCAQ) via a letter dated April 24, 

2020, and was received by EPA on June 

19, 2020. The revision updates several 

Mecklenburg County Air Pollution 

Control Ordinance (MCAPCO) rules 

incorporated into the LIP. EPA is 

proposing to approve these changes 

pursuant to the Clean Air Act (CAA or 

Act). 

DATES: Comments must be received on 

or before August 2, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2020–0726 at 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

www2.epa.gov/dockets/commentingepa-dockets. 


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1Hereinafter, the terms ‘‘North Carolina SIP’’ and 

‘‘SIP’’ refer to the North Carolina regulatory portion 

of the North Carolina SIP (i.e., the portion that 

contains SIP-approved North Carolina regulations). 

2EPA notes that the April 24, 2020, submittal was 

received by EPA on June 19, 2020. 

3The April 24, 2020 submittal contains changes 

to other Mecklenburg LIP-approved rules that are 

not addressed in this notice. EPA will be acting on 

those rules in separate actions. 

4The terms ‘‘Approved,’’ ‘‘Capture system,’’ 

‘‘Control device,’’ ‘‘Day,’’ ‘‘Emission,’’ and ‘‘Person’’ 

also appear in the LIP-approved version of Rule 

2.0901 with minor differences. The April 24, 2020 

submittal seeks to remove these terms from Rule 

2.0901, Definitions, under Article 2.9000, Volatile 

Organic Compounds, in effect moving them to Rule 

2.0101; however, EPA is not proposing to act on the 

removal of these terms from Rule 2.0901 at this 

time. EPA will act on the changes to Rule 2.0901 

in a separate action. 

5Section 110(l) of the CAA prohibits EPA from 

approving a SIP revision that would interfere with 

any applicable requirement concerning attainment 

and reasonable further progress (as defined in 

section 171), or any other applicable requirement of 

the Act. 

6The only differences between the revised 

version of 2.0201 and the SIP-approved version of 

15A NCAC 02D .0201 tailor the rules to reference 

their respective governing bodies. 

7The only differences between the revised 

version of 2.0202 and the SIP-approved version of 

15A NCAC 02D .0202 tailor the rules to reference 

their respective governing bodies. 

FOR FURTHER INFORMATION CONTACT: 

Evan Adams, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960. 

The telephone number is (404) 562– 

9009. Mr. Adams can also be reached 

via electronic mail at adams.evan@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Overview 

The Mecklenburg County LIP was 

submitted to EPA on June 14, 1990, and 

EPA approved the plan on May 2, 1991. 

See 56 FR 20140. Mecklenburg County 

is now requesting that EPA approve 

updates to the LIP for general 

consistency with the North Carolina 

SIP.1 Mecklenburg County prepared 

three submittals in order to update the 

LIP and reflect regulatory and 

administrative changes that NCDAQ 

made to the North Carolina SIP since 

EPA’s 1991 LIP approval. The three 

submittals were submitted as follows: 

NCDAQ transmitted the October 25, 

2017, submittal to EPA but later 

withdrew it from review through a letter 

dated February 15, 2019. On April 24, 

2020, NCDAQ resubmitted the October 

25, 2017, update to EPA and also 

submitted the January 21, 2016, and 

January 14, 2019, updates. Due to an 

inconsistency with public notice at the 

local level, these submittals were 

withdrawn from EPA through a letter 

dated February 15, 2019. Mecklenburg 

County corrected this error, and NCDAQ 

submitted the updates to EPA in a 

submittal dated April 24, 2020.2

II. What action is EPA proposing to 

take? 

The April 24, 2020, submittal 

includes changes and updates to the 

following rules to more closely align 

them with their analog SIP-approved 

North Carolina regulations. The January 

14, 2019, the submission includes 

changes and updates to MCAPCO Rules 

2.0101, Definitions; 2.0201, 

Classification of Air Pollution Sources; 

2.0202, Registration of Air Pollution 

Sources; 2.0302, Episode Criteria; 

2.0303, Emission Reduction Plans; and 

2.0304, Preplanned Abatement 

Program.3

The submittal also asks EPA to 

reincorporate the following rules into 

the LIP with a new effective date. The 

January 21, 2016, submission includes 

updates to the effective dates of the 

following rules: MCAPCO Rules 1.5301, 

Special Enforcement Procedures; 

1.5302, Criminal Penalties; 1.5303, Civil 

Injunction; 1.5304, Civil Penalties; 

1.5306, Hearings; 1.5307, Judicial 

Review; 2.0301, Purpose; and 2.0305, 

Emission Reduction Plant: Alert Level. 

The text of these rules has not changed. 

The remainder of this section discusses 

the proposed changes to Rules 2.0101, 

2.0201, 2.0202, 2.0302, 2.0303, and 

2.0304. 

Rule 2.0101, ‘‘Definitions’’ 

The April 24, 2020, revision modifies 

Rule 2.0101, Definitions, under Article 

2.0000, Air Pollution and Control 

Regulations and Procedures, by 

updating terms and definitions, the 

formatting of units, and references to 

more closely align the rule with the SIPapproved state rule at 15A NCAC 02D 

.0101, Definitions. Rule 2.0101 was first 

approved by EPA into the LIP on May 

2, 1991 (56 FR 20140), and defines 

certain terms used in Article 2.0000. 

EPA most recently approved updates to 

15A NCAC 02D .0101 in the SIP on July 

17, 2020. See 85 FR 43461. 

The changes to Rule 2.0101 reorganize 

the defined terms alphabetically, add 

several terms and definitions, and delete 

one term and definition. The revisions 

add the terms ‘‘Administrator,’’ 

‘‘Approved,’’ ‘‘Capture system,’’ 

‘‘Control device,’’ ‘‘Day,’’ ‘‘Emission,’’ 

‘‘Person,’’ ‘‘PM2.5,’’ and ‘‘Transportation 

facility,’’ and remove the term ‘‘Smoke 

density measuring device.’’ 4

The terms and definitions in the 

revised version of Rule 2.0101 and the 

SIP at 15A NCAC 02D .0101, 

Definitions, only have a few differences. 

These include several LIP-approved 

exceptions in the definition of 

‘‘Construction’’ at 2.0101(9)(a–d). These 

exemptions apply to a limited number 

of activities such as clearing and 

grading, building access roads, 

driveways, and parking lots, building 

and installing underground pipe work, 

and building ancillary structures, 

including fences and office buildings 

that are not a necessary component of 

an air contaminant source, equipment, 

or associated cleaning device for which 

a permit is required. 

EPA is proposing to approve the 

updates to Rule 2.0101 because they 

better align the LIP with the SIP and 

will not interfere with any applicable 

Clean Air Act (CAA) requirements.5

Rule 2.0201, Classification of Air 

Pollution Sources 

The April 24, 2020, revision modifies 

Rule 2.0201, Classification of Air 

Pollution Sources, under Article 2.0000, 

by making grammatical updates and 

clarifying that the classification system 

applies to all air pollution sources 

governed by the Article. Rule 2.0201 

was first approved by EPA into the LIP 

on May 2, 1991 (56 FR 20140), and 

establishes a system to classify air 

pollution sources covered by Article 

2.0000. The edits align 6 the rule with 

the SIP-approved state rule, 15A NCAC 

02D .0201, Classification of Air 

Pollution Sources. EPA most recently 

incorporated updates to the state rule in 

North Carolina’s SIP on April 10, 2019. 

See 84 FR 14308. EPA is proposing to 

approve the updates to Rule 2.0201 

because they better align the LIP with 

the SIP and will not interfere with any 

applicable CAA requirements. 

Rule 2.0202, Registration of Air 

Pollution Sources 

The April 24, 2020, revision modifies 

Rule 2.0202, Registration of Air 

Pollution Sources, by adding a reference 

to the governing North Carolina statute 

at G.S. 143–215.107(a)(4). Rule 2.0202 

was first approved by EPA into the LIP 

on May 2, 1991 (56 FR 20140), and 

identifies the information that an air 

pollution source must submit in order to 

register the source with MCAQ. The 

minor edits align 7 the rule with the 

current SIP-approved rule, 15A NCAC 

02D .0202, Registration of Air Pollution 

Sources. EPA most recently 

incorporated updates to the state rule in 

North Carolina’s SIP on April 10, 2019. 

See 84 FR 14308. EPA is proposing to 

approve the updates to Rule 2.0202 


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8The only differences between the revised 

version of 2.0302 and the SIP-approved version of 

15A NCAC 02D .0302 tailor the rules to reference 

their respective governing bodies. 

9The only differences between the revised 

version of 2.0303 and the SIP-approved version of 

15A NCAC 02D .0303 tailor the rules to reference 

their respective governing bodies. 

10The only differences between the revised 

version of 2.0304 and SIP-approved version of 15A 

NCAC 02D .0304 tailor the rules to reference their 

respective governing bodies. 

because they better align the LIP with 

the SIP and will not interfere with any 

applicable CAA requirements. 

Rule 2.0302, Episode Criteria 

The April 24, 2020, revision modifies 

Rule 2.0302, Episode Criteria, by 

updating the format of units, updating 

who proclaims air quality alerts and 

warnings and declarations of emergency 

at various pollutant levels requiring 

abatement actions from the Director of 

MCAQ with concurrence of the 

Governor, removing obsolete pollutant 

levels triggering such proclamations or 

declarations, and renumbering the 

subsections as a result of the 

aforementioned changes. Rule 2.0302 

was first approved by EPA into the LIP 

on May 2, 1991 (56 FR 20140), and 

establishes guidance for the Director on 

when to issue an air pollution alert. The 

edits to Rule 2.0302 align 8 the rule with 

the current SIP-approved rule, 15A 

NCAC 02D .0302, Episode Criteria. EPA 

most recently incorporated updates to 

the state rule in North Carolina’s SIP on 

April 10, 2019. See 84 FR 14308. EPA 

is proposing to approve the updates to 

Rule 2.0302 because they better align 

the LIP with the SIP and will not 

interfere with any applicable CAA 

requirements. 

Rule 2.0303, Emission Reduction Plans 

The April 24, 2020, revision modifies 

Rule 2.0303, Emission Reduction Plans, 

by making updates to references. Rule 

2.0303 was first approved by EPA into 

the LIP on May 2, 1991 (56 FR 20140), 

and establishes when persons 

responsible for operating an air 

pollution source must take air pollution 

alert, warning, or emergency actions. 

The revisions add a cross-reference to 

Rule 2.0304, Preplanned Abatement 

Program, described below. The edits 

align 9 the rule with the current SIPapproved rule, 15A NCAC 02D .0303, 

Emission Reduction Plans. EPA most 

recently incorporated updates to the 

state rule in North Carolina’s SIP on 

April 10, 2019. See 84 FR 14308. EPA 

is proposing to approve the updates to 

Rule 2.0303 because they better align 

the LIP with the SIP and will not 

interfere with any applicable CAA 

requirements. 

Rule 2.0304, Preplanned Abatement 

Program 

The April 24, 2020, revision modifies 

Rule 2.0304, Preplanned Abatement 

Program, by making updates to 

references. Rule 2.0304 was first 

approved by EPA into the LIP on May 

2, 1991 (56 FR 20140), and establishes 

who must prepare a plan to reduce 

emissions during any air pollution 

episode. The edits align 10 the rule with 

the current SIP-approved rule, 15A 

NCAC 02D .0304, Preplanned 

Abatement Program. EPA most recently 

incorporated updates to the state rule in 

North Carolina’s SIP on April 10, 2019. 

See 84 FR 14308. EPA is proposing to 

approve the updates to Rule 2.0304 

because they better align the LIP with 

the SIP and will not interfere with any 

applicable CAA requirements. 

III. Incorporation by Reference 

In this document, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to approve MCAPCO Rules 

1.5301—Special Enforcement 

Procedures; 1.5302—Criminal Penalties; 

1.5303—Civil Injunction; 1.5304—Civil 

Penalties; 1.5306—Hearings; 1.5307— 

Judicial Review; 2.0301—Purpose; and 

2.0305—Emission Reduction Plant: 

Alert Level, all of which have an 

effective date of December 15, 2015; as 

well as MCAPCO Rules 2.0101— 

Definitions; 2.0201—Classification of 

Air Pollution Sources; 2.0202— 

Registration of Air Pollution Sources; 

2.0302—Episode Criteria; 2.0303— 

Emission Reduction Plans; and 2.0304— 

Preplanned Abatement Program, all of 

which have an effective date of 

December 18, 2018, into the 

Mecklenburg County portion of the 

North Carolina SIP to update the rules 

to more closely align with their analog 

North Carolina rules in the SIP. EPA has 

made and will continue to make the SIP 

generally available through 

www.regulations.gov and at the EPA 

Region 4 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

IV. Proposed Action 

EPA is proposing to approve the 

aforementioned revisions to the 

Mecklenburg LIP. Specifically, EPA is 

proposing to approve revisions to 

MCAPCO Rules 1.5301—Special 

Enforcement Procedures; 1.5302— 

Criminal Penalties; 1.5303—Civil 

Injunction, 1.5304—Civil Penalties; 

1.5306—Hearings; 1.5307—Judicial 

Review; 2.0101—Definitions; 2.0201— 

Classification of Air Pollution Sources; 

2.0202—Registration of Air Pollution 

Sources; 2.0301—Purpose; 2.0302— 

Episode Criteria; 2.0303—Emission 

Reduction Plans; 2.0304—Preplanned 

Abatement Program; and 2.0305— 

Emission Reduction Plant: Alert Level. 

EPA is proposing to approve these 

revisions because they are consistent 

with the CAA. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided they meet the criteria of the 

CAA. This proposed action merely 

proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 


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1EPA 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 EPA’s prior action on 

Minnesota’s 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)). 

2See U.S. Court of Appeals for the Ninth Circuit 

decision in Montana Environmental Information 

Center v. EPA, No. 16–71933 (Aug. 30, 2018). 

• 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. 2021–14175 Filed 7–1–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2019–0215; FRL–10025– 

47–Region 5] 

Air Plan Approval; Michigan; Partial 

Approval and Partial Disapproval for 

Infrastructure SIP Requirements for 

the 2015 Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: 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 

state’s air quality management program 

are adequate to meet the state’s 

responsibilities under the CAA. The 

disapproval portion of this action does 

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. EPA–R05– 

OAR–2019–0215 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 (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–0266, 

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 EPA’s 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 Michigan’s 

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 110(a)(2)(D)(i)(II) 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 110(a)(2)(D)(i)(I) with respect to 

the 2015 ozone NAAQS. 

Whenever EPA promulgates a new or 

revised NAAQS, CAA section 110(a)(1) 

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 110(a)(2), as applicable. 

Due to ambiguity in some of the 

language of CAA section 110(a)(2), 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 (EPA’s 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 state’s SIP for 

facial compliance with statutory and 

regulatory requirements, not for the 

state’s implementation of its SIP.2 EPA 

has other authority to address any issues 

concerning a state’s implementation of 

the rules, regulations, consent orders, 

etc. that comprise its SIP. 


lotter on DSK11XQN23PROD with PROPOSALS1