Rule2022-20621
Air Plan Approval; Michigan; Revisions to Part 1 and 2 Rules
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 27, 2022
Effective
November 28, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving revisions to Michigan Air Pollution Control Rules Part 1 Definitions, and Part 2 Air Use Approval for inclusion in the Michigan State Implementation Plan (SIP). Additionally, EPA is removing rules from the SIP that are part of Michigan's title V Renewable Operating Permit program, and rules that have been moved to other sections of the Michigan Administrative Code and approved into the Michigan SIP.
Full Text
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<title>Federal Register, Volume 87 Issue 186 (Tuesday, September 27, 2022)</title>
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[Federal Register Volume 87, Number 186 (Tuesday, September 27, 2022)]
[Rules and Regulations]
[Pages 58453-58456]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20621]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2022-0295; FRL-10162-02-R5]
Air Plan Approval; Michigan; Revisions to Part 1 and 2 Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to Michigan Air Pollution Control Rules Part 1 Definitions,
and Part 2 Air Use Approval for inclusion in the Michigan State
Implementation Plan (SIP). Additionally, EPA is removing rules from the
SIP that are part of Michigan's title V Renewable Operating Permit
program, and rules that have been moved to other sections of the
Michigan Administrative Code and approved into the Michigan SIP.
DATES: This direct final rule is effective November 28, 2022, unless
EPA receives adverse comments by October 27, 2022. If adverse comments
are received, EPA will publish a timely withdrawal of the direct final
rule in the Federal Register informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2022-0295 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or via email to
<a href="/cdn-cgi/l/email-protection#c480a5a9ada7abeaa3a1aaa1b2ada1b2a184a1b4a5eaa3abb2"><span class="__cf_email__" data-cfemail="f9bd9894909a96d79e9c979c8f909c8f9cb99c8998d79e968f">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Constantine Blathras, Environmental
Engineer, Air Permits Section, Air Programs Branch (AR18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-0671, <a href="/cdn-cgi/l/email-protection#692b05081d011b081a470a06071a1d08071d00070c290c1908470e061f"><span class="__cf_email__" data-cfemail="a1e3cdc0d5c9d3c0d28fc2cecfd2d5c0cfd5c8cfc4e1c4d1c08fc6ced7">[email protected]</span></a>.
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. Background
Section 110(a)(2)(C) of the Clean Air Act (CAA) requires that the
SIP include a program to provide for the ``regulation of the
modification and construction of any stationary source within the areas
covered by the plan as necessary to assure that national ambient air
quality standards are achieved.'' This includes a program for
permitting construction and modification of both major and minor
sources that the state deems necessary to protect air quality. The
State of Michigan's minor source permit to install rules are contained
in Part 2, Air Use Approval, R. 336.1201 to R. 336.1299 of the Michigan
Administrative Code. Changes to the Part 2 rules were submitted on
November 12, 1993, May 16, 1996, April 3, 1998, September 2, 2003,
March 24, 2009, and February 28, 2017. EPA approved changes to the Part
2 rules most recently in a final approval dated August 31, 2018 (83 FR
44485). The Michigan Administrative Code at Part 1, General Provisions,
R. 336.1101 to R. 336.1128, contains the definitions of terms used in
the Michigan code.
EPA is approving revisions to Michigan's Part 1. Definitions, and
Part 2. Air Use Approval for inclusion in the Michigan SIP. The
following Michigan Air Pollution Control Rules are being added or
revised: R 336.1101(q), R 336.1103(aa), R 336.1201a, R 336.1202-1203, R
336.1206-1207, R 336.1209, R 336.1214a, R 336.1219(1), R 336.1240-1241,
R 336.1278, R 336.1285, and R 336.1291.
The Part 1 definition revisions include new or revised definitions
for the following, R 336.1101(q) ``Aqueous based parts washer'', and R
336.1103(aa) ``cold cleaner''.
The Part 2 modifications consist of wording changes made to help
clarify the air use approval rules, and to update references and
terminology. Other changes include new and modified definitions of
phrases, new timeframes for processing air use permits, and two new
exemptions from the permitting program for small sources.
EPA is removing the Michigan Air Pollution Control Rules R 336.1212
``Administratively complete applications; insignificant activities;
streamlining applicable requirements; emissions reporting and fee
calculations'', R 336.1216 ``Modifications to renewable operating
permits'', R 336.1219(2) ``Amendments for change of ownership or
operational
[[Page 58454]]
control'', R 336.1220 (rescinded), and R 336.1299 (rescinded) from the
Michigan SIP.
The rescinded rules have been moved to other sections in the
Michigan Administrative Code where they have already been approved into
the Michigan SIP and rescinded from the original Part 2 location. This
action completes the transition process for these rescinded rules.
The other Part 2 rules removed from the Michigan SIP by this action
do not address the requirements related to attainment and maintenance
of the National Ambient Air Quality Standards (NAAQS) under Section 110
of the CAA. EPA has determined that these rules were erroneously
incorporated into the SIP. These rules instead address the requirements
under title V of the CAA for operating permit programs. EPA fully
approved Michigan's title V Renewable Operating Permit Program on
November 10, 2003 (68 FR 63735) to implement its program. Since these
rules do not address the requirements related to attainment and
maintenance of the NAAQS under Section 110 of the CAA and have been
approved as part of the title V program approval, EPA will remove them
from this section of the Michigan SIP.
EPA proposed to rescind rule R 336.1220 in a February 6, 2013 (78
FR 8485), action (in addition to approval of revisions to Michigan
rules in Parts 1 and 19). EPA did not receive any comments on that
proposal and published a final action on December 16, 2013 (78 FR
76064).
As part of the SIP revision request, Michigan submitted a 110(l)
demonstration for each of the proposed revisions to the SIP. Section
110(l) of the CAA governs the submittal of SIP revisions as part of
Attachment E of its submittal. It states, ``Each revision to an
implementation plan submitted by a State under this chapter shall be
adopted by such State after reasonable notice and public hearing. The
Administrator shall not approve a revision of a plan if the revision
would interfere with any applicable requirement concerning the
attainment and reasonable further progress (as defined by 7501 of this
title), or any other applicable requirement of this chapter.'' The
110(l) demonstration in the SIP revision request adequately addresses
this requirement for each rule revision, and the revisions should cause
minimal to no impact on the emissions of any source, will have no
effect on Michigan's National Ambient Air Quality Standards attainment
status, or any backsliding on achieved improvements. The revision for
the removed and rescinded rules pertain to the Michigan Title V
renewable operating permit program which has already been approved.
II. What action is EPA taking?
EPA is approving revisions to Michigan's Part 1 and Part 2
regulations. Specifically, EPA is approving revisions to Michigan Air
Pollution Control Rules R 336.1101, R 336.1103, R 336.1201a, R
336.1202, R 336.1203, R 336.1206, R 336.1207, R 336.1209, R 336.1214a,
R 336.1219, R 336.1240, R 336.1241, R 336.1278, and R 336.1291,
effective December 20, 2016, and R 336.1285, effective January 2, 2019.
EPA is also removing Michigan Air Pollution Control Rules R336.1212, R
336.1216, and R 336.1299 from the SIP.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the State plan if relevant adverse
written comments are filed. This rule will be effective November 28,
2022, without further notice unless we receive relevant adverse written
comments by October 27, 2022. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective
November 28, 2022.
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 I 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 I of this preamble
and the amendments to 40 CFR part 52 set forth below, EPA is removing
provisions of the EPA-Approved Michigan Regulations from the Michigan
SIP, which is incorporated by reference in accordance with the
requirements of 1 CFR part 51.
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:
<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);
[[Page 58455]]
<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 November 28, 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: September 19, 2022.
Debra Shore,
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
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. 52.1170, the table in paragraph (c) is amended:
0
a. Under ``Part 1. General Provisions'' by revising the entries for R
336.1101 and R 336.1103; and
0
b. Under ``Part 2. Air Use Approval'' by:
0
i. Revising the entries for R 336.1201a, R 336.1202, R 336.1203, R
336.1206, R 336.1207, and R 336.1209;
0
ii. Removing the entry for R 336.1212;
0
iii. Adding the entry for R 336.1214a in numerical order;
0
iv. Removing the entry for R 336.1216;
0
v. Revising the entries for R 336.1219, R 336.1240, R 336.1241, R
336.1278, and R 336.1285;
0
vi. Adding the entry for R 336.1291 in numerical order; and
0
vii. Removing the entry for R 336.1299.
The revisions and additions read as follows:
Sec. 52.1170 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Michigan Regulations
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State
Michigan citation Title effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part 1. General Provisions
----------------------------------------------------------------------------------------------------------------
R 336.1101............... Definitions; A........ 12/20/2016 9/27/2022, [INSERT All except for (a)
FEDERAL REGISTER Act and (h) Air
CITATION]. pollution.
* * * * * * *
R 336.1103............... Definitions; C........ 12/20/2016 9/27/2022, [INSERT .....................
FEDERAL REGISTER
CITATION].
* * * * * * *
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Part 2. Air Use Approval
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* * * * * * *
R 336.1201a.............. General permits to 12/20/2016 9/27/2022, [INSERT .....................
install. FEDERAL REGISTER
CITATION].
R 336.1202............... Waivers of approval... 12/20/2016 9/27/2022, [INSERT .....................
FEDERAL REGISTER
CITATION].
R 336.1203............... Information required.. 12/20/2016 9/27/2022, [INSERT .....................
FEDERAL REGISTER
CITATION].
[[Page 58456]]
* * * * * * *
R 336.1206............... Processing of 12/20/2016 9/27/2022, [INSERT .....................
applications for FEDERAL REGISTER
permits to install. CITATION].
R 336.1207............... Denial of permits to 12/20/2016 9/27/2022, [INSERT .....................
install. FEDERAL REGISTER
CITATION].
R 336.1209............... Use of old permits to 12/20/2016 9/27/2022, [INSERT .....................
limit potential to FEDERAL REGISTER
emit. CITATION].
R 336.1214a.............. Consolidation of 12/20/2016 9/27/2022, [INSERT .....................
permits to install FEDERAL REGISTER
within renewable CITATION].
operating.
permit................
R 336.1219............... Amendments for change 12/20/2016 9/27/2022, [INSERT .....................
of ownership or FEDERAL REGISTER
operational control. CITATION].
R 336.1240............... Required air quality 12/20/2016 9/27/2022, [INSERT .....................
models. FEDERAL REGISTER
CITATION].
R 336.1241............... Air quality modeling 12/20/2016 9/27/2022, [INSERT .....................
demonstration FEDERAL REGISTER
requirements. CITATION].
R 336.1278............... Exclusion from 12/20/2016 9/27/2022, [INSERT .....................
exemption. FEDERAL REGISTER
CITATION].
* * * * * * *
R 336.1285............... Permit to install 1/2/2019 9/27/2022, [INSERT .....................
exemptions; FEDERAL REGISTER
miscellaneous. CITATION].
* * * * * * *
R 336.1291............... Permit to install 12/20/2016 9/27/2022, [INSERT All except for R
exemptions; emission FEDERAL REGISTER 336.1291(2)(a)
units with ``de CITATION]. through (d) and non-
minimis'' emissions. criteria pollutants
listed in Table 23.
* * * * * * *
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* * * * *
[FR Doc. 2022-20621 Filed 9-26-22; 8:45 am]
BILLING CODE 6560-50-P
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