Air Plan Approval; Michigan; Michigan Minor New Source Review, 64055-64056 [2018-26923]

Download as PDF Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Proposed Rules regulation on small entities, I certify that this action will not have a significant impact on a substantial number of small entities. c. Review Under the National Environmental Policy Act. Due to the administrative nature of this action and because there is no intended change in the use of the area, the Corps expects that this regulation, if adopted, will not have a significant impact on the quality of the human environment and, therefore, preparation of an environmental impact statement will not be required. An environmental assessment will be prepared after the public notice period is closed and all comments have been received and considered. d. Unfunded Mandates Act. This proposed rule does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and Tribal governments, in the aggregate, or the private sector in any one year. Therefore, this proposed rule is not subject to the requirements of Sections 202 and 205 of the Unfunded Mandates Reform Act (UMRA). The proposed rule contains no regulatory requirements that might significantly or uniquely affect small governments. Therefore, the proposed rule is not subject to the requirements of Section 203 of UMRA. List of Subjects in 33 CFR Part 334 Danger zones, Navigation (water), Restricted areas, Waterways. For the reasons set forth in the summary above, the Corps proposes to amend 33 CFR part 334 as follows: PART 334—DANGER ZONE AND RESTRICTED AREA REGULATIONS 1. The authority citation for part 334 continues to read as follows: amozie on DSK3GDR082PROD with PROPOSALS1 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2007–1092; FRL–9987–74– Region 5] The Environmental Protection Agency (EPA) is proposing to approve the rescission of Michigan rule 221 from the Michigan state implementation plan (SIP). Rule 221 exempted sources that had significant net emission increases of sulfur dioxide, particulate matter, and carbon monoxide from offset requirements. Michigan rescinded this rule effective November 14, 1990. DATES: Comments must be received on or before January 14, 2019. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2007–1092 at https:// www.regulations.gov, or via email to Damico.genvieve@epa.gov. For comments submitted at Regulations.gov, SUMMARY: § 334.1415 Pacific Ocean, adjacent to the Finegayan Small Arms Range at Naval Base Guam Telecommunication Site, on the northwestern coast of Guam; danger zone. (a) The area. Coordinates are bounded by the following four points: Point A (13°34′57″ N; 144°49′53″ E) following the high tide line to Point B (13°35′49″ N; 144°47′59″ E), Point C (13°34′57″ N; 144°47′45″ E), and Point D (13°34′48″ N; 144°49′50″ E). The datum for these coordinates is NAD–83. (b) The regulation. (1) Vessels or persons shall expeditiously transit through the danger zone when the small arms range is in use. Vessels shall not be permitted to anchor or loiter within Jkt 247001 BILLING CODE 3720–58–P Environmental Protection Agency (EPA). ACTION: Proposed rule. 2. Add § 334.1415 to read as follows: 16:36 Dec 12, 2018 [FR Doc. 2018–27028 Filed 12–12–18; 8:45 am] AGENCY: Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 U.S.C. 3). VerDate Sep<11>2014 Dated: December 6, 2018. Thomas P. Smith, Chief, Operations and Regulatory Division, Directorate of Civil Works. Air Plan Approval; Michigan; Michigan Minor New Source Review ■ ■ the danger zone while the range is in use. Range activities shall be halted until all vessels are cleared from the danger zone. When the range is not in use, the danger zone shall be open to normal maritime traffic and all activities to include anchoring and loitering. (2) When the range is in use, the person(s) or officer(s) in charge shall display a red flag from a conspicuous and easily-seen location along the nearby shore to signify that the range is in use and will post lookouts to ensure the safety of all vessels transiting through the area. If the range is in use at night, a strobe light shall be displayed from the same conspicuous and easilyseen location in lieu of flags. The range shall not be used when visibility is equal to or less than the maximum range of the weapons being used at the facility. (c) Enforcement. The restrictions on public access in this section shall be enforced by the Commander, Joint Region Marianas, and such agencies as the Commander may designate in writing. PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 64055 follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. 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 https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Constantine Blathras, Environmental Engineer, Air Permits Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–0671, Blathras.constantine@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This supplementary information section is arranged as follows: I. Background Section 110(a)(2)(C) of the Clean Air Act 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) 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). E:\FR\FM\13DEP1.SGM 13DEP1 amozie on DSK3GDR082PROD with PROPOSALS1 64056 Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Proposed Rules Rule 336.1221 (Construction of sources of particulate matter, sulfur dioxide, or carbon monoxide in or near nonattainment areas; conditions for approval). EPA published a proposed disapproval of the 1993, 1996, and 1996 submittals on November 9, 1999 (64 FR 61046), but never published a final disapproval. As part of that proposed disapproval, EPA conducted an evaluation of the State submittal and found that as one of the items, the State failed to rescind Michigan rule 336.1221. In that action, EPA stated, ‘‘Michigan rule 336.1221 impermissibly exempts sources that have significant net emissions increases of sulfur dioxide, particulate matter, and carbon monoxide from offset requirements. MDEQ rescinded Michigan rule 336.1221 effective November 14, 1990. However, the State never submitted the rule to USEPA for rescission. Because Michigan did not submit the rescission to the USEPA for removal of the rule from the SIP, the Michigan NSR rules are not approvable at this time.’’ On September 24, 2003, the State of Michigan submitted a SIP revision to EPA requesting full approval of Michigan’s Clean Air Act New Source Review SIP. As part of that submittal requesting revisions to Parts 1 (General Provisions) and 2, Michigan specifically requested to rescind rule 336.1221. As part of its technical support document, Michigan stated that rule 336.1221 was rescinded from the State rules in 1990, and requests that EPA remove it from the SIP. At the time of the 1999 proposed disapproval, the Part 2 rules also included the state’s major nonattainment PTI permitting program. The major nonattainment provisions have been removed from Part 2, and are now covered by the Part 19 (New Source Review for Major Sources Impacting Nonattainment Areas) rules. The Part 19 rules were fully approved by EPA into the Michigan SIP on December 16, 2013, (78 FR 76064). The Federal nonattainment air quality permitting regulations are found in 40 CFR 51.165(a) and (b). The Federal rules found at 40 CFR 51.165(a) and (b) specify the elements necessary for approval of a State permit program for preconstruction review for nonattainment purposes under Part D of the Clean Air Act. A major source or major modification that would be located in an area designated as nonattainment and subject to the nonattainment area permitting rules must meet stringent conditions designed to ensure that the new source’s emissions will be controlled to the VerDate Sep<11>2014 16:36 Dec 12, 2018 Jkt 247001 greatest degree possible; that more than equivalent offsetting emission reductions will be obtained from existing sources; and that there will be progress toward achieving the National Ambient Air Quality Standards. EPA has found that the rules as submitted by Michigan for inclusion into its SIP are at least as stringent as the Federal rules. By rescinding rule 221 from the Michigan SIP, the Michigan SIP is meeting the Federal statutory requirements for an approvable Part 2 and Part 19 air permitting program. II. What action is EPA taking? EPA is proposing to approve the rescission of Michigan rule 336.1221 from the Michigan SIP. III. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Clean Air Act 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 Clean Air Act. 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: • 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); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • 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.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • 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 Clean Air Act; and • 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Particulate matter, Sulfur oxides. Dated: November 27, 2018. Cathy Stepp, Regional Administrator, Region 5. [FR Doc. 2018–26923 Filed 12–12–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2017–0741; FRL–9987–73– Region 5] Air Plan Approval; Michigan; Revisions to Part 1 General Provisions Rules Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a request submitted by the Michigan Department of Environmental Quality (MDEQ) on December 12, 2017, and supplemented on August 9, 2018, as a revision to Michigan’s state implementation plan (SIP). The SIP submission incorporates several revisions to Michigan’s Air Pollution Control Rules entitled ‘‘Part 1—General Provisions.’’ The revisions include SUMMARY: E:\FR\FM\13DEP1.SGM 13DEP1

Agencies

[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)]
[Proposed Rules]
[Pages 64055-64056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26923]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2007-1092; FRL-9987-74-Region 5]


Air Plan Approval; Michigan; Michigan Minor New Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the rescission of Michigan rule 221 from the Michigan state 
implementation plan (SIP). Rule 221 exempted sources that had 
significant net emission increases of sulfur dioxide, particulate 
matter, and carbon monoxide from offset requirements. Michigan 
rescinded this rule effective November 14, 1990.

DATES: Comments must be received on or before January 14, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2007-1092 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. 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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Constantine Blathras, Environmental 
Engineer, Air Permits Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-0671, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. Background

    Section 110(a)(2)(C) of the Clean Air Act 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) 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).

[[Page 64056]]

    Rule 336.1221 (Construction of sources of particulate matter, 
sulfur dioxide, or carbon monoxide in or near nonattainment areas; 
conditions for approval).
    EPA published a proposed disapproval of the 1993, 1996, and 1996 
submittals on November 9, 1999 (64 FR 61046), but never published a 
final disapproval. As part of that proposed disapproval, EPA conducted 
an evaluation of the State submittal and found that as one of the 
items, the State failed to rescind Michigan rule 336.1221. In that 
action, EPA stated, ``Michigan rule 336.1221 impermissibly exempts 
sources that have significant net emissions increases of sulfur 
dioxide, particulate matter, and carbon monoxide from offset 
requirements. MDEQ rescinded Michigan rule 336.1221 effective November 
14, 1990. However, the State never submitted the rule to USEPA for 
rescission. Because Michigan did not submit the rescission to the USEPA 
for removal of the rule from the SIP, the Michigan NSR rules are not 
approvable at this time.''
    On September 24, 2003, the State of Michigan submitted a SIP 
revision to EPA requesting full approval of Michigan's Clean Air Act 
New Source Review SIP. As part of that submittal requesting revisions 
to Parts 1 (General Provisions) and 2, Michigan specifically requested 
to rescind rule 336.1221. As part of its technical support document, 
Michigan stated that rule 336.1221 was rescinded from the State rules 
in 1990, and requests that EPA remove it from the SIP.
    At the time of the 1999 proposed disapproval, the Part 2 rules also 
included the state's major nonattainment PTI permitting program. The 
major nonattainment provisions have been removed from Part 2, and are 
now covered by the Part 19 (New Source Review for Major Sources 
Impacting Nonattainment Areas) rules. The Part 19 rules were fully 
approved by EPA into the Michigan SIP on December 16, 2013, (78 FR 
76064). The Federal nonattainment air quality permitting regulations 
are found in 40 CFR 51.165(a) and (b). The Federal rules found at 40 
CFR 51.165(a) and (b) specify the elements necessary for approval of a 
State permit program for preconstruction review for nonattainment 
purposes under Part D of the Clean Air Act. A major source or major 
modification that would be located in an area designated as 
nonattainment and subject to the nonattainment area permitting rules 
must meet stringent conditions designed to ensure that the new source's 
emissions will be controlled to the greatest degree possible; that more 
than equivalent offsetting emission reductions will be obtained from 
existing sources; and that there will be progress toward achieving the 
National Ambient Air Quality Standards. EPA has found that the rules as 
submitted by Michigan for inclusion into its SIP are at least as 
stringent as the Federal rules. By rescinding rule 221 from the 
Michigan SIP, the Michigan SIP is meeting the Federal statutory 
requirements for an approvable Part 2 and Part 19 air permitting 
program.

II. What action is EPA taking?

    EPA is proposing to approve the rescission of Michigan rule 
336.1221 from the Michigan SIP.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
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 Clean Air Act. 
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:
     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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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 Clean Air Act; and
     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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Particulate 
matter, Sulfur oxides.

    Dated: November 27, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018-26923 Filed 12-12-18; 8:45 am]
BILLING CODE 6560-50-P
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