31924 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 

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). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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 August 16, 2021. 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, Nitrogen dioxide, Ozone, 

Volatile organic compounds. 

Dated: June 9, 2021. 

Cheryl Newton, 

Acting Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, EPA amends title 40 CFR part 

52 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. In § 52.770, the table in paragraph 

(c) is amended by revising the entry for 

‘‘2–6–1’’ under ‘‘Article 2. Permit 

Review Rules’’, ‘‘Rule 6. Emission 

Reporting’’, to read as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED INDIANA REGULATIONS

Indiana 

citation Subject 

Indiana 

effective 

date 

EPA approval date Notes 

*******

Article 2. Permit Review Rules 

*******

Rule 6. Emission Reporting 

2–6–1 ............ Applicability .... 4/24/2020 6/16/2021, [INSERT FEDERAL REGISTER CITATION].

* * * * * * * 

* * * * * 

[FR Doc. 2021–12620 Filed 6–15–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0729; FRL–10024– 

97–Region 5] 

Air Plan Approval; Michigan; Part 9 

Miscellaneous Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

Michigan’s State Implementation Plan 

(SIP). The submittal, by the Michigan 

Department of Environment, Great 

Lakes, and Energy (EGLE) on December 

18, 2020, incorporates administrative 

changes to Michigan’s Air Pollution 

Control Rules, Part 9, ‘‘Emissions 

Limitations and Prohibitions— 

Miscellaneous’’. This revision supports 

Michigan’s effort to consolidate all of 

the approved adoption by reference 

rules into Part 9. 

DATES: The final rule is effective July 16, 

2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2020–0729. 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 Charles 

Hatten, Environmental Engineer, at 

(312) 886–6031 before visiting the 

Region 5 office. 


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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 31925 

1 62 FR 27968 (May 22, 1997). 

FOR FURTHER INFORMATION CONTACT: 

Charles Hatten, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6031, 

hatten.charles@epa.gov. The EPA 

Region 5 office 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. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

I. What is being addressed in this 

document? 

This rule approves EGLE’s December 

18, 2020 submission to revise 

Michigan’s Air Pollution Control Rules, 

Part 9. Specifically, the State requested 

that we approve a revision to R 

336.1902, Adoption of standards by 

reference. The background for this 

action is discussed in detail, and EPA’s 

reasons for proposing approval were 

provided in EPA’s notice of proposed 

rulemaking (NPRM), dated March 25, 

2021 (86 FR 15837), and will not be 

restated here. 

II. What comments did we receive on 

the proposed rule? 

In the NPRM, EPA provided a 30-day 

review and comment period for the 

proposed rule. The comment period 

ended on April 26, 2021. We received 

no comments on the proposed rule. 

III. What action is EPA taking? 

EPA is approving the revision to Part 

9 into Michigan’s SIP, as submitted on 

December 18, 2020. 

IV. 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 the 

amendments to 40 CFR part 52 set forth 

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

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 

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). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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 August 16, 2021. 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) of the CAA.) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Ozone, 

Volatile organic compounds. 

Dated: June 9, 2021. 

Cheryl Newton, 

Acting Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, EPA amends title 40 CFR part 

52 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. In § 52.1170, the table in paragraph 

(c) is amended by revising the entry for 


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31926 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 

‘‘R 336.1902’’ under the heading ‘‘Part 9. 

Emission Limitations and 

Prohibitions—Miscellaneous’’ to read as 

follows: 

§ 52.1170 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MICHIGAN REGULATIONS

Michigan citation Title 

State 

effective 

date 

EPA approval date Comments 

*******

Part 9. Emission Limitations and Prohibitions—Miscellaneous 

R 336.1902 ..................................... Adoption of standards by reference 11/18/2018 6/16/2021, [INSERT FEDERAL 

REGISTER CITATION].

* * * * * * * 

* * * * * 

[FR Doc. 2021–12556 Filed 6–15–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0468; FRL–10024– 

91–Region 5] 

Air Plan Approval; Ohio; Lead 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving, under the 

Clean Air Act (CAA), revisions to lead 

emissions rules in the Ohio 

Administrative Code (OAC). EPA is 

approving the removal of four lead 

emissions rules from the Ohio State 

Implementation Plan (SIP). Three of the 

lead emissions rules apply to Master 

Metals, Inc., a secondary lead smelter 

that has permanently shut down. The 

remaining lead emissions rule 

duplicates a provision in another OAC 

chapter that is approved into the Ohio 

SIP. EPA proposed to approve this 

action on March 12, 2021 and received 

no adverse comments. 

DATES: This final rule is effective on July 

16, 2021 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2020–0468. 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 Matt 

Rau, Environmental Engineer, at (312) 

886–6524 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: Matt 

Rau, Environmental Engineer, Control 

Strategies Section, Air Programs Branch 

(AR–18J), Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard, Chicago, Illinois 60604, 

(312) 886–6524, rau.matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

I. Background Information 

On March 12, 2021, EPA proposed to 

approve the removal of four lead 

emissions rules in OAC Chapter 3745– 

71 from the Ohio SIP (86 FR 14061). 

Three of the lead emissions rules 

applied to Master Metals, Inc., a 

secondary lead smelter facility in 

Cleveland, Ohio, which has 

permanently shut down. The remaining 

lead emissions rule applied to the air 

quality sampling requirements in OAC 

3745–71–03. This rule was removed 

because these requirements are 

consolidated into OAC rule 3745–25– 

02, which is approved into the Ohio 

SIP. The removal of the four lead 

emissions rules result in no OAC 

Chapter 3745–71 rules remaining in the 

Ohio SIP. 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 and 

will not be restated here. The public 

comment period for this proposed rule 

ended on April 12, 2021. 

During the comment period, EPA 

received one comment asking some 

general questions about the limits. The 

comment received is included in the 

docket for this action. 

We do not consider the comment as 

adverse to this action. The comment 

lacks the required specificity to the 

proposed SIP revision and the relevant 

requirements of CAA section 110. 

Moreover, the comment does not 

recommend a different action on the SIP 

submission from what EPA proposed. 

Accordingly, we are finalizing our 

action as proposed. 

II. Final Action 

EPA is approving the removal of OAC 

rules 3745–71–01, 3745–71–03, 3745– 

71–05, and 3745–71–06 from the Ohio 

SIP. 

III. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. As described 

in the amendments to 40 CFR part 52 set 

forth below, EPA is removing provisions 

of the EPA-Approved Ohio Regulations 

from the Ohio SIP, which is 

incorporated by reference in accordance 

with the requirements of 1 CFR part 51. 

EPA has made, and will continue to 

make, the SIP 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). 


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