Rule2022-17334
Air Plan Approval; Indiana, Michigan and Minnesota; Revised Startup, Shutdown, and Malfunction Provisions
Primary source
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Published
August 16, 2022
Effective
September 15, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving three State Implementation Plan (SIP) revision requests, submitted by Indiana, Michigan, and Minnesota. All three States submitted the SIP revision requests in 2016 in response to a finding of substantial inadequacy and a SIP call published on June 12, 2015, for specific provisions in each State's SIP related to excess emissions during startup, shutdown, and malfunction (SSM) events. EPA is determining that each submission corrects the State's respective SIP deficiencies as identified in the June 12, 2015, SIP call. EPA proposed to approve this action on May 5, 2022, and received no adverse comments.
Full Text
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<title>Federal Register, Volume 87 Issue 157 (Tuesday, August 16, 2022)</title>
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[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Rules and Regulations]
[Pages 50261-50263]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17334]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2016-0672; EPA-R05-OAR-2016-0706; EPA-R05-OAR-2016-0708;
FRL-9649-02-R5]
Air Plan Approval; Indiana, Michigan and Minnesota; Revised
Startup, Shutdown, and Malfunction Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving three
State Implementation Plan (SIP) revision requests, submitted by
Indiana, Michigan, and Minnesota. All three States submitted the SIP
revision requests in 2016 in response to a finding of substantial
inadequacy and a SIP call published on June 12, 2015, for specific
provisions in each State's SIP related to excess emissions during
startup, shutdown, and malfunction (SSM) events. EPA is determining
that each submission corrects the State's respective SIP deficiencies
as identified in the June 12, 2015, SIP call. EPA proposed to approve
this action on May 5, 2022, and received no adverse comments.
DATES: This final rule is effective on September 15, 2022.
ADDRESSES: EPA has established dockets for this action under Docket ID
No. EPA-R05-OAR-2016-0672 (Indiana); EPA-R05-OAR-2016-0706 (Michigan);
and EPA-R05-OAR-2016-0708 (Minnesota). All documents in the docket are
listed on the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information (CBI) or other information whose disclosure is
[[Page 50262]]
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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 Michael Leslie, Environmental Engineer at (312) 353-6680
before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-6680, <a href="/cdn-cgi/l/email-protection#036f66706f6a662d6e6a606b62666f436673622d646c75"><span class="__cf_email__" data-cfemail="f9959c8a95909cd794909a91989c95b99c8998d79e968f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On May 5, 2022 (87 FR 26707), EPA proposed to approve three SIP
revision requests submitted in 2016 and supplemented in 2017 by
Indiana, Michigan, and Minnesota to address EPA's 2015 SSM SIP Action.
EPA is determining that the three States' rulemaking actions and
revised rules are consistent with the SSM requirements for SIP
provisions under the CAA; that their respective SIP submissions correct
the SSM deficiencies identified for the state within EPA's 2015 SSM SIP
Action; and fulfill the obligation to respond to it.
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 June 6, 2022. EPA
received three supportive comments and no adverse comments on the
proposal.
II. Final Action
EPA is approving three SIP revision requests submitted in 2016 and
supplemented in 2017 by Indiana, Michigan, and Minnesota to address
EPA's 2015 SSM SIP Action. Specifically, EPA is approving Indiana rules
326 IAC 1-6-1, 326 IAC 1-6-2, 326 IAC 1-6-4, 326 IAC 1-6-5, 326 IAC 1-
6-6, and 326 IAC 2-9-1, effective January 29, 2017. EPA is also
removing Michigan rule R 339.1916 and Minnesota rule R. 7011.1415 from
each State's respective federally enforceable criteria pollutant SIP.
EPA has determined that the three States' rulemaking actions and
revised rules are consistent with the SSM requirements for SIP
provisions under the CAA; that their respective SIP submissions correct
the SSM deficiencies identified for the State within EPA's 2015 SSM SIP
Action; and fulfill the obligation to respond to it.
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, EPA is finalizing the incorporation by reference of the
Indiana 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
<a href="http://www.regulations.gov">www.regulations.gov</a>, 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\
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\1\ 62 FR 27968 (May 22, 1997).
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Also in this document, as described in Section II of this preamble
and set forth in the amendments to 40 CFR part 52 below, EPA is
removing provisions of the EPA-Approved Michigan and Minnesota
Regulations from the Michigan and Minnesota SIPs, which are
incorporated by reference in accordance with the requirements of 1 CFR
part 51.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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 October 17, 2022. Filing a
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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: August 8, 2022.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.770, the table in paragraph (c) is amended by revising
the entries for ``1-6-1'', ``1-6-2'', ``1-6-4'', ``1-6-5'', and ``1-6-
6'' under ``Article 1. General Provisions'', ``Rule 6. Malfunctions'',
and the entry for ``2-9-1'' under ``Article 2. Permit Review Rules'',
``Rule 9. Source Specific Operating Agreement Program'', to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Indiana Regulations
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Indiana
Indiana citation Subject effective date EPA approval date Notes
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Article 1. General Provisions
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Rule 1. Provisions Applicable Throughout Title 326
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* * * * * * *
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Rule 6. Malfunctions
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1-6-1.................... Applicability....... 1/29/2017 8/16/2022, [Insert .........................
Federal Register
Citation].
1-6-2.................... Records; notice of 1/29/2017 8/16/2022, [Insert .........................
malfunction. Federal Register
Citation].
* * * * * * *
1-6-4.................... Conditions under 1/29/2017 8/16/2022, [Insert .........................
which malfunction Federal Register
not considered Citation].
violation.
1-6-5.................... Excessive 1/29/2017 8/16/2022, [Insert .........................
malfunctions; Federal Register
department actions. Citation].
1-6-6.................... Malfunction emission 1/29/2017 8/16/2022, [Insert .........................
reduction program. Federal Register
Citation].
* * * * * * *
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Article 2. Permit Review Rules
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* * * * * * *
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Rule 9. Source Specific Operating Agreement Program
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2-9-1.................... General provisions.. 1/29/2017 8/16/2022, [INSERT .........................
FEDERAL REGISTER
CITATION].
* * * * * * *
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* * * * *
Sec. 52.1170 [Amended]
0
3. In Sec. 52.1170, the table in paragraph (c) is amended by removing
the entry for ``R 339.1916''.
Sec. 52.1220 [Amended]
0
4. In Sec. 52.1220, the table in paragraph (c) is amended by removing
the entry for ``7011.1415''.
[FR Doc. 2022-17334 Filed 8-15-22; 8:45 am]
BILLING CODE 6560-50-P
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