Air Plan Approval; Michigan; Revisions to Part 1 and 2 Rules, 58453-58456 [2022-20621]
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Federal Register / Vol. 87, No. 186 / Tuesday, September 27, 2022 / Rules and Regulations
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.
List of Subjects in 33 CFR Part 334
Danger zones, Marine safety,
Navigation (water), Restricted areas,
Waterways.
For the reasons discussed in the
preamble, the Corps amends 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:
■
Authority: 40 Stat. 266 (33 U.S.C. 1) and
40 Stat. 892 (33 U.S.C. 3).
■
2. Add § 334.1305 to read as follows:
§ 334.1305 Eagle River from Bravo Bridge
to its mouth at Eagle Bay in Knik Arm,
Richardson Training Area on Joint Base
Elmendorf-Richardson, Alaska; restricted
area.
(a) Restricted area. The restricted area
consists of navigable waters within an
area defined as beginning a point on
shore at latitude 61°19′40.1″ N,
longitude 149°44′20.336″ W; thence
easterly to latitude 61°19′41.59″ N,
longitude 149°44′6.825″ W; 3.06
nautical miles southerly along the river
to latitude 61°18′40.13″ N, longitude
149°41′16.12″ W; thence southerly to
latitude 61°18′38.404″ N, to longitude
149°41′14.73″ W. The datum for these
coordinates is North American Datum of
1983 (NAD–83).
(b) The regulation. The restricted area
is permanently closed for public use at
all times. No persons, watercraft, or
vessels shall enter or remain in the area
except for those authorized by the
enforcing agency.
(c) Enforcement. The regulations in
this section will be enforced by the
Commander, United States ArmyAlaska.
Thomas P. Smith,
Chief, Operations and Regulatory Division.
[FR Doc. 2022–20856 Filed 9–26–22; 8:45 am]
BILLING CODE 3720–58–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
jspears on DSK121TN23PROD with RULES
Air Plan Approval; Michigan; Revisions
to Part 1 and 2 Rules
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
SUMMARY:
15:41 Sep 26, 2022
Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2022–0295 at https://
www.regulations.gov or via email to
Damico.genevieve@epa.gov. 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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
[EPA–R05–OAR–2022–0295; FRL–10162–
02–R5]
VerDate Sep<11>2014
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.
DATES:
Jkt 256001
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,
Blathras.constantine@epa.gov. 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.
PO 00000
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58453
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
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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
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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 www.regulations.gov
and at the EPA Region 5 Office (please
PO 00000
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contact the person identified in the FOR
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
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.
FURTHER INFORMATION CONTACT
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:
• 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);
• 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 (Pub. L. 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);
1 62
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• 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 CAA; 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).
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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.1170, the table in paragraph
(c) is amended:
■ a. Under ‘‘Part 1. General Provisions’’
by revising the entries for R 336.1101
and R 336.1103; and
■ b. Under ‘‘Part 2. Air Use Approval’’
by:
■ i. Revising the entries for R 336.1201a,
R 336.1202, R 336.1203, R 336.1206, R
336.1207, and R 336.1209;
■ ii. Removing the entry for R 336.1212;
■ iii. Adding the entry for R 336.1214a
in numerical order;
■ iv. Removing the entry for R 336.1216;
■ v. Revising the entries for R 336.1219,
R 336.1240, R 336.1241, R 336.1278,
and R 336.1285;
■ vi. Adding the entry for R 336.1291 in
numerical order; and
■ vii. Removing the entry for R
336.1299.
The revisions and additions read as
follows:
■
§ 52.1170
*
Identification of plan.
*
*
(c) * * *
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EPA-APPROVED MICHIGAN REGULATIONS
Michigan
citation
State
effective
date
Title
*
*
*
EPA approval date
*
Comments
*
*
*
Part 1. General Provisions
R 336.1101 .....
Definitions; A ..................................
12/20/2016
*
R 336.1103 .....
*
*
Definitions; C .................................
12/20/2016
*
*
*
9/27/2022, [INSERT FEDERAL
REGISTER CITATION].
All except for (a) Act and (h) Air
pollution.
*
*
9/27/2022, [INSERT FEDERAL
REGISTER CITATION].
*
*
*
*
*
*
*
*
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Part 2. Air Use Approval
*
R 336.1201a ...
*
*
General permits to install ...............
R 336.1202 .....
Waivers of approval .......................
R 336.1203 .....
Information required .......................
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*
*
9/27/2022, [INSERT FEDERAL
REGISTER CITATION].
12/20/2016 9/27/2022, [INSERT FEDERAL
REGISTER CITATION].
12/20/2016 9/27/2022, [INSERT FEDERAL
REGISTER CITATION].
12/20/2016
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EPA-APPROVED MICHIGAN REGULATIONS—Continued
State
effective
date
Michigan
citation
Title
*
R 336.1206 .....
*
*
Processing of applications for permits to install.
Denial of permits to install .............
R 336.1207 .....
R 336.1209 .....
R 336.1214a ...
R 336.1219 .....
R 336.1240 .....
R 336.1241 .....
R 336.1278 .....
Use of old permits to limit potential
to emit.
Consolidation of permits to install
within renewable operating.
permit .............................................
Amendments for change of ownership or operational control.
Required air quality models ...........
Air quality modeling demonstration
requirements.
Exclusion from exemption .............
*
R 336.1285 .....
*
*
Permit to install exemptions; miscellaneous.
*
R 336.1291 .....
*
*
Permit to install exemptions; emission units with ‘‘de minimis’’
emissions.
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 433
[CMS–9912–N]
RIN 0938–AU35
Medicaid Program; Temporary
Increase in Federal Medical Assistance
Percentage (FMAP) in Response to the
COVID–19 Public Health Emergency
(PHE); Reopening of Public Comment
Period
Centers for Medicare &
Medicaid Services (CMS), Department
of Health and Human Services (HHS).
ACTION: Interim final rule; reopening of
public comment period.
jspears on DSK121TN23PROD with RULES
AGENCY:
On November 6, 2020, CMS
published an interim final rule with
request for comments (IFR) entitled
‘‘Additional Policy and Regulatory
Revisions in Response to the COVID–19
Public Health Emergency.’’ The IFR set
SUMMARY:
VerDate Sep<11>2014
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*
*
9/27/2022, [INSERT FEDERAL
REGISTER CITATION].
12/20/2016 9/27/2022, [INSERT FEDERAL
REGISTER CITATION].
12/20/2016 9/27/2022, [INSERT FEDERAL
REGISTER CITATION].
12/20/2016 9/27/2022, [INSERT FEDERAL
REGISTER CITATION].
12/20/2016
*
*
*
*
9/27/2022, [INSERT FEDERAL
REGISTER CITATION].
9/27/2022, [INSERT FEDERAL
REGISTER CITATION].
9/27/2022, [INSERT FEDERAL
REGISTER CITATION].
9/27/2022, [INSERT FEDERAL
REGISTER CITATION].
12/20/2016
12/20/2016
12/20/2016
1/2/2019
*
*
9/27/2022, [INSERT FEDERAL
REGISTER CITATION].
12/20/2016
*
*
9/27/2022, [INSERT FEDERAL
REGISTER CITATION].
*
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*
*
All except for R 336.1291(2)(a)
through (d) and non-criteria pollutants listed in Table 23.
*
forth certain requirements in CMS
regulations that States must follow in
order to claim a temporary increase in
Federal matching funds for their
Medicaid programs under the Families
First Coronavirus Response Act
(FFCRA). In light of the possibility of
changed circumstances since
publication of the IFR and other policy
considerations, CMS is considering
modifying those requirements. CMS is
soliciting additional information from
the public on any issues that may be
pertinent to these potential
modifications by reopening the public
comment period for an additional 30
days.
DATES: The comment period for the
amendments to 42 CFR 433.400 in the
interim final rule published at 85 FR
71142 on November 6, 2020, is
reopened. To be assured consideration,
comments must be received at one of
the addresses provided below, by
October 27, 2022. (See the
SUPPLEMENTARY INFORMATION section of
this document for a list of the provisions
open for comment.)
ADDRESSES: In commenting, refer to file
code CMS–9912–N.
Comments, including mass comment
submissions, must be submitted in one
of the following three ways (please
choose only one of the ways listed):
PO 00000
Comments
12/20/2016
*
[FR Doc. 2022–20621 Filed 9–26–22; 8:45 am]
EPA approval date
Sfmt 4700
*
*
1. Electronically. You may submit
electronic comments on this regulation
to https://www.regulations.gov. Follow
the ‘‘Submit a comment’’ instructions.
2. By regular mail. You may mail
written comments to the following
address ONLY: Centers for Medicare &
Medicaid Services, Department of
Health and Human Services, Attention:
CMS–9912–N, P.O. Box 8016,
Baltimore, MD 21244–8016.
Please allow sufficient time for mailed
comments to be received before the
close of the comment period.
3. By express or overnight mail. You
may send written comments to the
following address ONLY: Centers for
Medicare & Medicaid Services,
Department of Health and Human
Services, Attention: CMS–9912–N, Mail
Stop C4–26–05, 7500 Security
Boulevard, Baltimore, MD 21244–1850.
For information on viewing public
comments, see the beginning of the
SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT:
Stephanie Bell, (410) 786–0617.
SUPPLEMENTARY INFORMATION:
Provisions open for comment: We will
consider comments that are submitted
as indicated above in the DATES and
ADDRESSES sections on 42 CFR 433.400.
Inspection of Public Comments: All
comments received before the close of
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]]>Agencies
[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 [www.gpo.gov]
[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.
-----------------------------------------------------------------------
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 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 (AR18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-0671, [email protected].
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
www.regulations.gov 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\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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:
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);
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 (Pub. L. 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);
[[Page 58455]]
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 CAA; 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).
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
----------------------------------------------------------------------------------------------------------------
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].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part 2. Air Use Approval
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2022-20621 Filed 9-26-22; 8:45 am]
BILLING CODE 6560-50-P
