Rule2023-08485
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
April 27, 2023
Effective
May 30, 2023
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 88 Issue 81 (Thursday, April 27, 2023)</title>
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[Federal Register Volume 88, Number 81 (Thursday, April 27, 2023)]
[Rules and Regulations]
[Pages 25498-25501]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08485]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2022-0295; FRL-10162-04-R5]
Air Plan Approval; Michigan; Revisions to Part 1 and 2 Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: 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 final rule is effective on May 30, 2023.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2022-0295. 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 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 Constantine
Blathras at (312) 886-0671 before visiting the Region 5 office.
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#a0e2ccc1d4c8d2c1d38ec3cfced3d4c1ced4c9cec5e0c5d0c18ec7cfd6"><span class="__cf_email__" data-cfemail="a8eac4c9dcc0dac9db86cbc7c6dbdcc9c6dcc1c6cde8cdd8c986cfc7de">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
On September 27, 2022, EPA proposed approval via a direct final
rulemaking (87 FR 58471) of the Michigan SIP revisions submitted on
March 8, 2022. During the public comment period, EPA received an
adverse comment on the Michigan rule revisions to R 336.1285 ``Permit
to install exemptions; miscellaneous'' and R 336.1291, ``Permit to
install exemptions; emission units with ``de minimis'' emissions'',
which included two new exemptions from the permitting for small
sources. On November 14, 2022 (87 FR 68634), EPA withdrew the direct
final rule. EPA is approving the following revisions to the Michigan
rule revision which did not
[[Page 25499]]
receive adverse comment. We do not consider the comments received to be
germane or relevant to EPA's proposal to approve Michigan's Part 1 and
Part 2 rules as described below, and therefore not adverse to this
action. EPA will respond to the comments received on R 336.1285 and R
336.1291 and take further action on that portion of the Michigan SIP
revision at a later date.
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.
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. EPA is not approving at this time the two new exemptions
from the permitting program for small sources found in R 336.1285 and R
336.1291. EPA will address the comments received on rules R 336.1285
and R 336.1291 at a later date.
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 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 Clean Air Act (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 that 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 the
title), or any other applicable requirement of the chapter. The 110(l)
demonstration in the SIP revision request adequately addresses this
requirement for each rule revision being approved in this action, and
the revisions should cause minimal to no impact on the emissions of any
source, will have no effect on Michigan's NAAQS 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, effective December 20,
2016. EPA is also removing Michigan Air Pollution Control Rules R
336.1212, R 336.1216, and R 336.1299 from the SIP.
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 proposed amendments to 40 CFR part 52 set forth below, EPA is
proposing to remove 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
[[Page 25500]]
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 June 26, 2023. 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, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: April 17, 2023.
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
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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, and R
336.1278; and
0
vi. 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
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* * * * * * *
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Part 1. General Provisions
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R 336.1101............... Definitions; A........ 12/20/2016 4/27/2023, [INSERT All except for (a)
FEDERAL REGISTER Act and (h) Air
CITATION]. pollution.
* * * * * * *
R 336.1103............... Definitions; C........ 12/20/2016 4/27/2023, [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 4/27/2023, [INSERT
install. FEDERAL REGISTER
CITATION].
R 336.1202............... Waivers of approval... 12/20/2016 4/27/2023, [INSERT
FEDERAL REGISTER
CITATION].
R 336.1203............... Information required.. 12/20/2016 4/27/2023, [INSERT
FEDERAL REGISTER
CITATION].
[[Page 25501]]
* * * * * * *
R 336.1206............... Processing of 12/20/2016 4/27/2023, [INSERT
applications for FEDERAL REGISTER
permits to install. CITATION].
R 336.1207............... Denial of permits to 12/20/2016 4/27/2023, [INSERT
install. FEDERAL REGISTER
CITATION].
R 336.1209............... Use of old permits to 12/20/2016 4/27/2023, [INSERT
limit potential to FEDERAL REGISTER
emit. CITATION].
R 336.1214a.............. Consolidation of 12/20/2016 4/27/2023, [INSERT
permits to install FEDERAL REGISTER
within renewable CITATION].
operating permit.
R 336.1219............... Amendments for change 12/20/2016 4/27/2023, [INSERT
of ownership or FEDERAL REGISTER
operational control. CITATION].
R 336.1240............... Required air quality 12/20/2016 4/27/2023, [INSERT
models. FEDERAL REGISTER
CITATION].
R 336.1241............... Air quality modeling 12/20/2016 4/27/2023, [INSERT
demonstration FEDERAL REGISTER
requirements. CITATION].
R 336.1278............... Exclusion from 12/20/2016 4/27/2023, [INSERT
exemption. FEDERAL REGISTER
CITATION].
* * * * * * *
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[FR Doc. 2023-08485 Filed 4-26-23; 8:45 am]
BILLING CODE 6560-50-P
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