Rule2024-12519
Air Plan Approval; Michigan; Definitions
Primary source
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Published
June 11, 2024
Effective
August 12, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a request submitted by the Michigan Department of Environment, Great Lakes, and Energy (EGLE) on February 28, 2024, to revise the Michigan state implementation plan (SIP). The revision is updating the SIP for clarity by removing a redundant definition for "used oil."
Full Text
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<title>Federal Register, Volume 89 Issue 113 (Tuesday, June 11, 2024)</title>
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[Federal Register Volume 89, Number 113 (Tuesday, June 11, 2024)]
[Rules and Regulations]
[Pages 49100-49101]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12519]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2024-0120; FRL-11915-01-R5]
Air Plan Approval; Michigan; Definitions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
request submitted by the Michigan Department of Environment, Great
Lakes, and Energy (EGLE) on February 28, 2024, to revise the Michigan
state implementation plan (SIP). The revision is updating the SIP for
clarity by removing a redundant definition for ``used oil.''
DATES: This direct final rule will be effective August 12, 2024, unless
EPA receives adverse comments by July 11, 2024. 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-2024-0120 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or via email to
<a href="/cdn-cgi/l/email-protection#ec808d828b818d82c281858f848d8980ac899c8dc28b839a"><span class="__cf_email__" data-cfemail="690508070e0408074704000a01080c05290c1908470e061f">[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 the docket. EPA may publish
any comment received to its public docket. Do not submit to EPA's
docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> any information you consider to
be Confidential Business Information (CBI), Proprietary Business
Information (PBI), 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,
PBI, or multimedia submissions, and general guidance on making
effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Charles Hatten, Air and Radiation
Division (AR18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6031,
<a href="/cdn-cgi/l/email-protection#7a121b0e0e1f145419121b08161f093a1f0a1b541d150c"><span class="__cf_email__" data-cfemail="9af2fbeeeefff4b4f9f2fbe8f6ffe9daffeafbb4fdf5ec">[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.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. General Information
On February 28, 2024, EGLE submitted a request to EPA that the
definition for the term ``used oil'' as specified in R 299.9109(p),
adopted into the SIP from Michigan's Hazardous Waste Management Rules,
be removed from the SIP. Michigan's SIP contains an identical
definition of ``used oil'' at R336.1121(c).
II. What is EPA's analysis of Michigan's submission?
In 2015, EPA approved rule R299.9109(p) with a definition for the
term ``used oil'' in Michigan's SIP. (80 FR 21183, April 17, 2015).
However, Michigan EGLE later revised Michigan's Air Pollution Control
Rule in Chapter 336, Part 1, ``Definitions'', to include the definition
of ``used oil'' in the general air provisions rule at R336.1121(c) to
define the term ``used oil'' for all the air rules. EPA approved this
revision into the Michigan SIP on April 11, 2019 (84 FR 8809). Michigan
EGLE eliminated the redundant ``used oil'' definition by removing
R299.9109(p), effective at the state level on October 24, 2019.
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. The removal of this definition does not interfere with any
applicable requirement concerning attainment or any other applicable
requirement of the CAA because this definition of ``used oil'' has also
been approved into the SIP in R 336.1121(c). This revision removes a
duplicative definition. Further, the removal of a redundant definition
of used oil in R 299.9109(p) of Michigan's Hazardous Waste Management
Regulations improves the clarity of Michigan's Air Pollution Control
Rule definition of the term ``used oil'' for all air rules.
III. What action is EPA taking?
EPA is approving a revision to the Michigan SIP as submitted on
February 28, 2024. The revision is updating the SIP for clarity by
removing a redundant definition for used oil from Michigan's 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 August 12, 2024
without further notice unless we receive relevant adverse written
comments by July 11, 2024. 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 August
12, 2024.
IV. Incorporation by Reference
In this rule, EPA is amending 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
Michigan
[[Page 49101]]
Regulations from the Michigan SIP, which is incorporated by reference
in accordance with the requirements of 1 CFR 51.5.
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), 13563 (76 FR 3821, January 21, 2011), and
14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
EGLE did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving EJ for people of color, low-income populations,
and Indigenous peoples.
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 August 12, 2024. 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, Incorporation by
reference.
Dated: June 3, 2024.
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.
Sec. 52.1170 [Amended]
0
2. In Sec. 52.1170, the table in paragraph (c) is amended by removing
the section heading entitled, ``Hazardous Waste Management'' and the
entry for ``R 299.9109(p)''.
[FR Doc. 2024-12519 Filed 6-10-24; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on June 11, 2024.
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