Federal Register / Vol. 87, No. 128 / Wednesday, July 6, 2022 / Rules and Regulations 40097 

Pasco, WA, KPSC, VOR RWY 30, Amdt 5C 

Richland, WA, KRLD, LOC RWY 19, Amdt 

9A 

Rescinded: On June 13, 2022 (87 FR 

35650), the FAA published an Amendment 

in Docket No. 31431, Amdt No. 4011, to Part 

97 of the Federal Aviation Regulations under 

section 97.29, 97.33, and 97.37. The 

following entries for Roseburg, OR, and for 

Temple, TX, effective July 14, 2022, are 

hereby rescinded in their entirety: 

Roseburg, OR, KRBG, Takeoff Minimums and 

Obstacle DP, Amdt 7A 

Temple, TX, KTPL, ILS OR LOC RWY 16, 

Amdt 14 

Temple, TX, KTPL, RNAV (GPS) RWY 16, 

Amdt 3 

Temple, TX, KTPL, RNAV (GPS) RWY 34, 

Amdt 3 

Temple, TX, KTPL, Takeoff Minimums and 

Obstacle DP, Amdt 4A 

[FR Doc. 2022–14278 Filed 7–5–22; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0730, EPA–R05– 

OAR–2020–0731; FRL–9629–02–R5] 

Air Plan Approval; Michigan; 

Emissions Statement Program and 

Base Year Emissions Inventory 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is partially approving 

portions of State Implementation Plan 

(SIP) revisions submitted by the State of 

Michigan on December 18, 2020. 

Specifically, EPA is approving the 2015 

ozone National Ambient Air Quality 

Standards (NAAQS) base-year emissions 

inventory for Detroit area as meeting the 

requirements of the Clean Air Act 

(CAA). EPA is also approving revisions 

to Michigan’s emissions statement 

program as meeting the requirements of 

the CAA. 

DATES: This final rule is effective on July 

6, 2022. 

ADDRESSES: EPA has established dockets 

for this action under Docket ID No. 

EPA–R05–OAR–2020–0730 and EPA– 

R05–OAR–2020–0731. All documents in 

the docket are listed on the 

www.regulations.gov website. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays and 

facility closures due to COVID–19. We 

recommend that you telephone Eric 

Svingen, Attainment Planning and 

Maintenance Section, at (312) 353–4489 

before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: Eric 

Svingen, Environmental Engineer, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–4489, 

svingen.eric@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. Background Information 

On March 14, 2022 (87 FR 14210), 

EPA proposed to approve portions of a 

December 18, 2020, submittal from the 

Michigan Department of Environment, 

Great Lakes, and Energy (EGLE) as 

meeting the applicable requirements for 

a base year emissions inventory under 

CAA section 182(a)(1) for the Detroit 

nonattainment area for the 2015 ozone 

NAAQS, as well as portions of a 

separate December 18, 2020, submittal 

from EGLE as meeting the applicable 

requirements under CAA section 

182(a)(3) for an emissions statement 

program. An explanation of the CAA 

requirements, a detailed analysis of the 

revisions, and EPA’s reasons for 

proposing approval were provided in 

the notice of proposed rulemaking 

(NPRM), and will not be restated here. 

The public comment period for this 

proposed rule ended on April 27, 2022. 

In the March 14, 2022, NPRM, EPA 

proposed to take additional actions, 

including a determination that the 

Detroit area has met the requirements 

for redesignation to attainment under 

section 107(d)(3)(E) of the CAA the 

CAA. EPA’s proposed actions received 

six comments, three of which are 

adverse. All of the comments relate to 

EPA’s proposal to redesignate the area. 

None of the comments relate to EPA’s 

proposal to approve the Detroit area 

base-year emissions inventory or the 

revisions to Michigan’s emissions 

statement program. All of the comments 

received are included in the docket for 

this action. 

We do not consider these comments 

to be germane or relevant to EPA’s 

proposal to approve the Detroit area 

base year emissions inventory and 

revisions to the emissions statement 

program, and therefore not adverse to 

this action. The comments lack the 

required specificity to this action and 

the relevant requirements of CAA 

section 110. Moreover, none of the 

comments address a specific regulation 

or provision in question, or recommend 

a different action. Therefore, we are 

finalizing this action as proposed. 

Should EPA take final action on the 

other actions proposed in the March 14, 

2022, NPRM, including a determination 

that the Detroit area has met the 

requirements for redesignation to 

attainment, then EPA would address the 

adverse comments at that time. 

II. Final Action 

EPA is approving portions of 

Michigan’s December 18, 2020, 

submittals as meeting the base year 

emissions inventory and emissions 

statement requirements of sections 

182(a)(1) and 182(a)(3), respectively. 

Specifically, EPA is also approving 

EGLE’s request to make several 

revisions to Michigan’s SIP. EPA is 

removing from the SIP Section 5 of Act 

348 of 1965, as amended. EPA is 

approving into the SIP Section 5503 of 

Act 451 of 1994, as amended, effective 

March 30, 1995. EPA is removing from 

the SIP the 1993 Michigan Air Pollution 

Reporting forms and reference tables, 

and EPA is approving into the SIP 

several updated forms: the 2020 version 

of AQD–013, the 2019 version of 

MAERS form SB–101 Submit, the 2019 

version of MAERS form S–101 Source, 

the 2019 version of MAERS form A–101 

Activity, the 2019 version of MAERS 

form EU–101 Emission Unit, and the 

2019 version of MAERS form E–101 

Emissions. EPA is removing from the 

SIP the 1993 MAERS general 

instructions, and EPA is approving into 

the SIP the January 2020 MAERS User 

Guide. Finally, EPA is approving into 

the SIP the 2017 base year inventory for 

the Detroit nonattainment area 

(Livingston, Macomb, Monroe, Oakland, 

St. Clair, Washtenaw, and Wayne 

Counties) for the 2015 ozone NAAQS. 

In accordance with 5 U.S.C. 553(d) of 

the Administrative Procedure Act 

(APA), EPA finds there is good cause for 

this action to become effective 

immediately upon publication. The 

immediate effective date for this action 

is authorized under 5 U.S.C. 553(d)(1) of 

the APA, which provides that 

rulemaking actions may become 

effective less than 30 days after 

publication if the rule grants or 


jspears on DSK121TN23PROD with RULES1
40098 Federal Register / Vol. 87, No. 128 / Wednesday, July 6, 2022 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

recognizes an exemption or relieves a 

restriction, and section 553(d)(3), which 

allows an effective date less than 30 

days after publication as otherwise 

provided by the agency for good cause 

found and published with the rule. 

The purpose of the 30-day waiting 

period prescribed in section 553(d) is to 

‘‘give affected parties a reasonable time 

to adjust their behavior before the final 

rule takes effect.’’ Omnipoint Corp. v. 

Fed. Commc’n Comm’n, 78 F.3d 620, 

630 (D.C. Cir. 1996); see also United 

States v. Gavrilovic, 551 F.2d 1099, 

1104 (8th Cir. 1977) (quoting legislative 

history). However, when the agency 

grants or recognizes an exemption or 

relieves a restriction, affected parties do 

not need a reasonable time to adjust 

because the effect is not adverse. 

This action, however, does not create 

any new regulatory requirements such 

that affected parties would need time to 

prepare before the rule takes effect. 

Rather, this action relieves Michigan of 

various requirements for the Detroit 

area. In addition, EPA has determined 

that this action removes from the SIP 

the 1993 versions of several forms, 

reference tables, and general 

instructions, which are no longer used 

by EGLE. Instead, upon the effective 

date of this action, the SIP would be 

updated to require the 2019 or 2020 

versions of these forms, reference tables, 

and general instructions. These versions 

are currently used by EGLE and aid 

sources in completing required 

submittals via electronic format. For 

these reasons, EPA finds good cause 

under 5 U.S.C. 553(d) for this action to 

become effective on the date of 

publication of this action. 

III. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Michigan 

Regulations described in Section II of 

this preamble and set forth in the 

amendments to 40 CFR part 52 below. 

EPA has made, and will continue to 

make, these documents generally 

available through www.regulations.gov, 

and at the EPA Region 5 Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.1

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

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 that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this 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 

• 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). 

In addition, 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 and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

This action is subject to the 

Congressional Review Act, and EPA will 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 6, 2022. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: June 29, 2022. 

Cheryl Newton, 

Deputy Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, 40 CFR part 52 is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. Section 52.1170 is amended: 

■ a. In the table in paragraph (c), under 

‘‘State Statutes’’, by revising the entries 

for ‘‘Act 348 of 1965, as amended’’ (with 

a State effective date of 1990) and ‘‘Act 

451 of 1994, as amended’’; and 

■ b. In the table in paragraph (e): 

■ i. By revising the entry for 

‘‘Information supporting emissions 

statement program’’; and 

■ ii. Under ‘‘Emissions Inventories’’ by 

adding an entry for ‘‘2015 8-hour ozone 

2017 base year’’ before the entry for 

‘‘1997 annual PM2.5 2005 base year’’. 

The revisions and addition read as 

follows: 


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Federal Register / Vol. 87, No. 128 / Wednesday, July 6, 2022 / Rules and Regulations 40099 

§ 52.1170 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MICHIGAN REGULATIONS

Michigan citation Title State effective 

date EPA approval date Comments 

*******

State Statutes 

*******

Act 348 of 1965, 

as amended.

Air Pollution Act ............................ 1990 7/6/2022, [INSERT Federal Register CITATION].Only section 14a. 

Act 451 of 1994, 

as amended.

Natural Resources and Environmental Protection Act.3/30/1995 7/6/2022, [INSERT Federal Register CITATION].Only sections 324.5003, 324.5524 

and 324.5525. 

*******

* * * * * (e) * * * 

EPA-APPROVED MICHIGAN NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Name of nonregulatory SIP 

provision 

Applicable 

geographic or nonattainment area 

State submittal 

date EPA approval date Comments 

*******

Information supporting emissions statement program.Statewide ...................................... 12/18/2020 7/6/2022, [INSERT Federal Register CITATION].2020 version of AQD–013, 2019 

version of MAERS form SB–101 

Submit, 2019 version of 

MAERS form S–101 Source, 

2019 version of MAERS form 

A–101 Activity, 2019 version of 

MAERS form EU–101 Emission 

Unit, 2019 version of MAERS 

form E–101 Emissions, January 

2020 MAERS User Guide. 

* * * * * * * 

Emissions Inventories 

*******

2015 8-hour 

ozone 2017 

base year.

Detroit area (Livingston, Macomb, 

Monroe, Oakland, St. Clair, 

Washtenaw, and Wayne Counties).

12/18/2020 7/6/2022, [INSERT Federal Register CITATION].

* * * * * * * 

* * * * * 

[FR Doc. 2022–14321 Filed 7–5–22; 8:45 am] 

BILLING CODE 6560–50–P 


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