Proposed Rule2023-00349
Air Plan Approval; Michigan; Part 4 Rule
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
January 13, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a revision to Michigan's State Implementation Plan (SIP). On August 17, 2022, The Michigan Department of Environment, Great Lakes, and Energy (EGLE) submitted changes to Michigan's Air Pollution Control Rules, Emissions Limitations and Prohibitions--Sulfur Bearing Compounds. The revision includes administrative changes to existing rules, updates material adopted by reference, and removes a definition.
Full Text
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<title>Federal Register, Volume 88 Issue 9 (Friday, January 13, 2023)</title>
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[Federal Register Volume 88, Number 9 (Friday, January 13, 2023)]
[Proposed Rules]
[Pages 2303-2304]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00349]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2022-0728; FRL-10255-01-R5]
Air Plan Approval; Michigan; Part 4 Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to Michigan's State Implementation Plan (SIP). On
August 17, 2022, The Michigan Department of Environment, Great Lakes,
and Energy (EGLE) submitted changes to Michigan's Air Pollution Control
Rules, Emissions Limitations and Prohibitions--Sulfur Bearing
Compounds. The revision includes administrative changes to existing
rules, updates material adopted by reference, and removes a definition.
DATES: Comments must be received on or before February 13, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2022-0728 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#157779747e79706c3b657478707974557065743b727a63"><span class="__cf_email__" data-cfemail="ee8c828f85828b97c09e8f838b828fae8b9e8fc0898198">[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: Charles Hatten, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6031, <a href="/cdn-cgi/l/email-protection#4921283d3d2c27672a21283b252c3a092c3928672e263f"><span class="__cf_email__" data-cfemail="2048415454454e0e434841524c4553604550410e474f56">[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. What did Michigan submit?
On August 17, 2022, Michigan EGLE submitted revisions to Michigan's
Air Pollution Control Rules in Part 4. Specifically, the state
requested EPA to act on the following revisions to Part 4: R336.1401a
(Rule 401a)--``Definitions''; R336.1401 (Rule 401)--``Emission of
sulfur dioxide from power plants''; R336.1402 (Rule 402)--``Emission of
SO<INF>2</INF> from fuel-burning equipment at a stationary source other
than power plants''; and R336.1404 (Rule 404)--``Emission of
SO<INF>2</INF> and sulfuric acid mist from sulfuric acid plants''.
Michigan EGLE provided the public an opportunity to comment on Part
4 revisions during a 30-day public comment period beginning on June 15,
2019, and at a public hearing held on July 1, 2019. No comments were
received.
II. What is EPA's analysis of Michigan's submission?
In existing rules 401, 402, and 404, there are three citations to
the American Society for Testing and Material standards (ASTM) and
compliance test methods in 40 CFR part 60, adopted by reference in
R336.1802a and R336.2004(1)(l), respectively. To achieve consistency
between the SIP and Michigan's rules, Michigan EGLE has consolidated
all adoption by reference material in Michigan's Air Pollution Control
Rule in Chapter 336, Part 9, R336.1902, ``Adoption of
[[Page 2304]]
standards by reference''. Thus, for rules 401, 402, and 404, EGLE
revised the location of material adopted by reference to be addressed
in R336.1902.
The existing rule 401a currently includes a definition for the term
``used oil'' that was approved by EPA in 2015. (80 FR 21183, April 17,
2015). However, Michigan EGLE later revised Michigan's Air Pollution
Control Rule in Chapter 336, Part 1, ``Definitions'' to more
appropriately include the definition of used oil in the general air
provisions rule at R336.1121(c) to reference ``used oil'' for all the
air rules. (84 FR 8809, April 11, 2019). Michigan EGLE eliminated the
redundant ``used oil'' definition by removing the definition from Part
4.
Clean Air Act (CAA) Section 110(l) prohibits EPA from approving a
SIP revision if it would interfere with any applicable requirement
concerning attainment, reasonable further progress, or any other CAA
requirement. EPA concurs with Michigan EGLE's 110(l) analysis that the
revisions to the Part 4 rules improve its clarity and do not interfere
with any applicable requirement concerning attainment or any other
applicable requirement of the CAA. Further, the revision will not
increase any emissions to the atmosphere because they do not impact the
applicability of any source or emission limits.
EPA finds the revision to Part 4 acceptable and thus, proposes
approval into the Michigan SIP.
III. What action is EPA taking?
EPA is proposing to approve the revisions to Michigan's Part 4 rule
into the Michigan SIP, as submitted on August 17, 2022. The
administrative changes to Part 4 will not increase any emissions to the
atmosphere because they do not impact the applicability of any source
or any emission limits.
IV. Incorporation by Reference
In this rule, 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 incorporate by
reference Michigan rules R336.1401a, R336.1401, R336.1402, and
R336.1404, effective October 24, 2019, as discussed in Section I of
this preamble. 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).
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:
<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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, and Sulfur oxides.
Dated: January 5, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023-00349 Filed 1-12-23; 8:45 am]
BILLING CODE 6560-50-P
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