Air Plan Approval; Michigan; Revisions to Part 1 and 2 Rules, 25498-25501 [2023-08485]
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Federal Register / Vol. 88, No. 81 / Thursday, April 27, 2023 / Rules and Regulations
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting 96 hours that would
prohibit entry within two hundred fifty
feet of the event which is inside of a
protected cove. Normally such actions
are categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T08–0314 to read as
follows:
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40 CFR Part 52
[EPA–R05–OAR–2022–0295; FRL–10162–
04–R5]
Air Plan Approval; Michigan; Revisions
to Part 1 and 2 Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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).
SUMMARY:
§ 165.T08–0314 Safety Zone; Cumberland
River; Cadiz, Kentucky.
VerDate Sep<11>2014
Dated: April 21, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2023–08905 Filed 4–26–23; 8:45 am]
PART 165 REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
(a) Location. The safety zone will
cover all waters on the Cumberland
River within two hundred fifty feet of
the marine event, near Cadiz, KY,
during daylight race activities drawing a
line from 36°54′43.5″ N 87°59′09.6″ W
north west to 36°54′44.9″ N 87°59′12.0″
W, continuing north east to 36°54′53.5″
N 87°59′04.1″ W, and ending at
36°54′47.1″ N 87°58′53.0″ W.
(b) Effective period. This rule will be
effective from 6 a.m. on May 4, 2023 to
5 p.m. on May 7, 2023.
(c) Enforcement period. This section
will be subject to enforcment from 6
a.m. on May 4, 2023, and will continue
through 5 p.m. on May 7, 2023, or until
the hazards associated with the
Midamerica Watercross Championship
Race, near Cadiz, KY, have been
completed. If there is inclement weather
or other disruptions the U.S. Coast
Guard will inform mariners of the
change in enforcement period via
Broadcast Notice to Mariners on VHF–
FM channel 16 and on-scene notice.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23,
entry of vessels or persons into the zone
during transit operations is prohibited
unless specifically authorized by the
Captain of the Port Sector Ohio Valley
(COTP) or designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
USCG Sector Ohio Valley or a
designated Coast Guard Auxiliary unit.
(2) If permission is granted, all
persons and vessels must comply with
the instructions of the COTP or
designated representative.
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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 www.regulations.gov 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
www.regulations.gov 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,
Blathras.constantine@epa.gov.
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
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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
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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
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25499
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
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:
• 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
1 62
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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);
• 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 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.
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, and R
336.1278; and
■ vi. Removing the entry for R 336.1299.
The revisions and additions read as
follows:
■
§ 52.1170
*
For the reasons stated in the
preamble, 40 CFR part 52 is amended as
follows:
Identification of plan.
*
*
(c) * * *
*
*
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
*
*
*
4/27/2023, [INSERT FEDERAL
REGISTER CITATION].
All except for (a) Act and (h) Air
pollution.
*
*
4/27/2023, [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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*
*
4/27/2023, [INSERT FEDERAL
REGISTER CITATION].
12/20/2016 4/27/2023, [INSERT FEDERAL
REGISTER CITATION].
12/20/2016 4/27/2023, [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 .............
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2021–0310 and EPA–HQ–
OPP–2021–0529; FRL–10884–01–OCSPP]
Fluazifop-P-butyl; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of fluazifop-Pbutyl in or on multiple commodities
which are identified and discussed later
in this document. The Interregional
Research Project Number 4 (IR–4) and
Syngenta Crop Protection, LLC
requested these tolerances under the
Federal Food, Drug, and Cosmetic Act
(FFDCA).
DATES: This regulation is effective April
27, 2023. Objections and requests for
hearings must be received on or before
June 26, 2023 and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: The dockets for this action,
identified by docket identification (ID)
numbers EPA–HQ–OPP–2021–0310 and
EPA–HQ–OPP–2021–0529, are available
at https://www.regulations.gov or at the
Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the
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SUMMARY:
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*
*
4/27/2023, [INSERT FEDERAL
REGISTER CITATION].
12/20/2016 4/27/2023, [INSERT FEDERAL
REGISTER CITATION].
12/20/2016 4/27/2023, [INSERT FEDERAL
REGISTER CITATION].
12/20/2016 4/27/2023, [INSERT FEDERAL
REGISTER CITATION].
12/20/2016
*
*
12/20/2016
12/20/2016
12/20/2016
*
*
4/27/2023, [INSERT FEDERAL
REGISTER CITATION].
4/27/2023, [INSERT FEDERAL
REGISTER CITATION].
4/27/2023, [INSERT FEDERAL
REGISTER CITATION].
4/27/2023, [INSERT FEDERAL
REGISTER CITATION].
*
*
Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room and the OPP
Docket is (202) 566–1744. For the latest
status information on EPA/DC services,
docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Charles Smith, Director, Registration
Division (7505T), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; main
telephone number: (202) 566–1030;
email address: RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
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*
[FR Doc. 2023–08485 Filed 4–26–23; 8:45 am]
EPA approval date
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• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Office of the Federal Register’s eCFR site at https://www.ecfr.gov/
current/title-40.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID numbers EPA–HQ–
OPP–2021–0310 and EPA–HQ–OPP–
2021–0529 in the subject line on the
first page of your submission. All
objections and requests for a hearing
must be in writing and must be received
by the Hearing Clerk on or before June
26, 2023. Addresses for mail and hand
delivery of objections and hearing
requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
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[Federal Register Volume 88, Number 81 (Thursday, April 27, 2023)]
[Unknown Section]
[Pages 25498-25501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.
-----------------------------------------------------------------------
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 www.regulations.gov 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 www.regulations.gov 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, [email protected].
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
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 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:
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
[[Page 25500]]
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);
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 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
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, 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
----------------------------------------------------------------------------------------------------------------
State
Michigan citation Title effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part 1. General Provisions
----------------------------------------------------------------------------------------------------------------
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].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part 2. Air Use Approval
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-08485 Filed 4-26-23; 8:45 am]
BILLING CODE 6560-50-P
