Air Plan Approval; Michigan; Michigan Nonattainment New Source Review Certification for the 2015 Ozone NAAQS, 37766-37769 [2023-12304]
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Federal Register / Vol. 88, No. 111 / Friday, June 9, 2023 / Rules and Regulations
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
ACTION:
Direct final rule.
The Environmental Protection
Agency (EPA) is approving, as a revision
to the Michigan State Implementation
Plan (SIP), Michigan’s certification that
its SIP satisfies the nonattainment new
source review (NNSR) requirements of
the Clean Air Act (CAA) for the 2015
ozone National Ambient Air Quality
Standard (NAAQS).
SUMMARY:
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.T08–0463 to read as
follows:
■
(a) Location. The following area is a
safety zone: all navigable waters of the
Laguna Madre encompassed by a 700yard radius from the following point;
26°6′02.1″ N, 97°10′17.7″ W.
(b) Enforcement period. This section
is subject to enforcement from 9:30 p.m.
through 11:59 p.m. each night, on June
9, 13, 16, 20, 23, 27, 30; July 7, 11, 14,
18, 21, 25, 28 and August 1, 4, 8, 11, 18,
25.
(c) Regulations. (1) According to the
general regulations in § 165.23 of this
part, entry into the temporary safety
zone described in paragraph (a) of this
section is prohibited unless authorized
by the Captain of the Port Sector Corpus
Christi (COTP) or a designated
representative. They may be contacted
on Channel 16 VHF–FM (156.8 MHz) or
by telephone at 361–939–0450.
(2) If permission is granted, all
persons and vessels shall comply with
the instructions of the COTP or
designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners,
Local Notices to Mariners, and/or Safety
Marine Information Broadcasts as
appropriate.
Dated: June 6, 2023.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the
Port Sector Corpus Christi.
[FR Doc. 2023–12418 Filed 6–7–23; 11:15 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
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[EPA–R05–OAR–2023–0049; FRL–10920–
02–R5]
Air Plan Approval; Michigan; Michigan
Nonattainment New Source Review
Certification for the 2015 Ozone
NAAQS
Environmental Protection
Agency (EPA).
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Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2023–0049 at https://
www.regulations.gov or via email to
arra.sarah@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:
40 CFR Part 52
AGENCY:
This direct final rule will be
effective August 8, 2023, unless EPA
receives adverse comments by July 10,
2023. 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:
§ 165.T08–0463 Safety Zone; Laguna
Madre, South Padre Island, TX.
Andrew Lee, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312)–353–7645, lee.andrew.c@
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.
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SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background
On October 26, 2015, EPA
promulgated a revised 8-hour ozone
NAAQS of 0.070 parts per million
(ppm). See 80 FR 65292. Upon
promulgation of a new or revised
NAAQS, the CAA requires EPA to
designate as nonattainment any area
that is violating the NAAQS based on
the three most recent years of ambient
air quality data. This action relates to
nonattainment areas in Michigan that
were designated nonattainment for the
2015 8-hour ozone NAAQS on June 4,
2018.
On December 6, 2018, EPA issued a
final rule entitled, ‘‘Implementation of
the 2015 National Ambient Air Quality
Standards for Ozone: Nonattainment
Area State Implementation Plan
Requirements,’’ which established the
requirements and deadlines that state,
tribal, and local air quality management
agencies must meet as they develop
implementation plans for areas where
ozone concentrations exceed the 2015 8hour ozone NAAQS. Based on its initial
nonattainment designation for the 2015
8-hour ozone standards, Michigan was
required to make a SIP revision
addressing NNSR program
requirements. This requirement may be
met by submitting a SIP revision
consisting of a new or revised NNSR
permit program, or an analysis
demonstrating that the existing SIPapproved NNSR permit program meets
the applicable 2015 ozone requirements
and a letter certifying the analysis.
II. Michigan’s Submittal
On January 24, 2023, Michigan
submitted a SIP revision requesting that
EPA approve Michigan’s certification
that its existing SIP-approved NNSR
regulations fully satisfy the NNSR
requirements set forth in 40 CFR 51.165
for all areas not attaining the 2015 ozone
NAAQS. Michigan has certified that
specific sections of its NNSR rules in
Part 19, New Source Review for Major
Sources Impacting Nonattainment
Areas, continue to meet the NNSR
requirements for ozone nonattainment
areas under the 2015 ozone NAAQS.
Table 1 below provides the sections of
Michigan’s NNSR rule corresponding to
the relevant requirements at 40 CFR
51.165. The Michigan rules were
previously approved on May 12, 2021
(86 FR 25954). Each requirement
identified in Michigan’s certification
has not been revised since EPA last
approved it. Table 1 lists the specific
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provisions of Michigan’s NNSR rules
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that address the required elements of
the Federal NNSR rules:
TABLE 1—NNSR SIP RULES COMPARISON
Federal rule
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40
40
40
40
40
40
40
40
40
40
40
40
40
40
40
40
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
Michigan rule
51.165(a)(1)(iv)(A)(1)(i)–(iv) ........................................................
51.165(a)(1)(iv)(A)(2)(i)–(vi) ........................................................
51.165(a)(1)(iv)(A)(3) ..................................................................
51.165 (a)(1)(iv)(B) .....................................................................
51.165(a)(1)(v)(B) .......................................................................
51.165 (a)(1)(v)(E) ......................................................................
51.165(a)(1)(v)(F) .......................................................................
51.165(a)(1)(x)(A) .......................................................................
51.165(a)(1)(x)(B) .......................................................................
51.165(a)(1)(x)(C) .......................................................................
51.165(a)(1)(x)(E) .......................................................................
51.165 (a)(1)(xxxvii)(C)(1) ..........................................................
51.165(a)(3)(ii)(C)(1) ...................................................................
51.165(a)(3)(ii)(C)(2) ...................................................................
51.165(a)(8) ................................................................................
51.165(a)(9)(ii)–(iv) .....................................................................
III. Analysis of Nonattainment New
Source Review Requirements
NNSR is a preconstruction review
permit program that applies to new
major stationary sources or major
modifications at existing sources within
a nonattainment area and is required
under CAA sections 172(c)(5) and 173.
As mentioned in Section I of this
preamble, NNSR permit program
requirements were adopted for the 2015
ozone NAAQS at 40 CFR 51.1314 as part
of the 2015 SIP Requirements Rule. The
minimum SIP requirements for NNSR
permitting programs for the 2015 ozone
NAAQS are contained in 40 CFR 51.165.
The SIP for each ozone nonattainment
area must contain NNSR provisions
that: (1) set major source thresholds for
nitrogen oxides (NOX) and volatile
organic compounds (VOC) pursuant to
40 CFR 51.165(a)(1)(iv)(A)(1)(i) through
(iv) and (a)(1)(iv)(A)(2); (2) classify
physical changes as a major source if the
change would constitute a major source
by itself pursuant to 40 CFR
51.165(a)(1)(iv)(A)(3); (3) consider any
significant net emissions increase of
NOX as a significant net emissions
increase for ozone pursuant to 40 CFR
51.165(a)(1)(v)(E); (4) consider any
increase of VOC emissions in Extreme
ozone nonattainment areas as a
significant net emissions increase and a
major modification for ozone pursuant
to 40 CFR 51.165(a)(1)(v)(F); (5) set
significant emissions rates for VOC and
NOX as ozone precursors pursuant to 40
CFR 51.165(a)(1)(x)(A) through (C) and
(E); (6) contain provisions for emissions
reductions credits pursuant to 40 CFR
51.165(a)(3)(ii)(C)(1) and (2); (7) provide
that the requirements applicable to VOC
also apply to NOX pursuant to 40 CFR
51.165(a)(8); (8) set offset ratios for VOC
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R
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336.2901(u)(i)(A), R 336.2901(u)(i)(A)(1), (2), (3), and (4).
336.2901(u)(i)(B), R 336.2901(u)(i)(B)(1), (2), (3), (4), (5), and (6).
336.2901(u)(i)(C).
336.2901(u)(i)(C)(ii).
336.2901(t)(ii).
336.2901(t)(v).
336.2901(t)(vi).
336.2901(hh)(i) and R 336.2901(hh)(i)(D).
336.2901(hh)(ii).
336.2901(hh)(iii).
336.2901(hh)(v).
336.2901(ff).
336.2908(5)(c)(i), R 336.2908(5)(c)(i)(A) and (B).
336.2908(5)(c)(ii), R 336.2908(5)(c)(ii)(A) and (B).
336.2902(8).
336.2908(6)(a)(i)–(v), and R 336.2908(6)(b) and (c).
and NOX pursuant to 40 CFR
51.165(a)(9)(ii) through (iv); and (9)
require public participation procedures
compliant with 40 CFR 51.165(i).
Michigan’s SIP-approved NNSR
program, established in Part 19, ‘‘New
Source Review for Major Sources
Impacting Nonattainment Areas,’’ of the
state’s Air Pollution and Control rules,
applies to the construction and
modification of stationary sources,
including major stationary sources in
nonattainment areas under its
jurisdiction. Michigan’s submitted SIP
revision includes a compliance
demonstration, consisting of a table
listing each of the 2015 ozone NAAQS
NNSR SIP requirements from 40 CFR
51.165 and a citation to the specific
provision of the rule satisfying the
requirement. The submittal also
includes a certification by the state that
the cited rules meet the Federal NNSR
requirements for the applicable ozone
nonattainment designation. EPA has
reviewed the demonstration and cited
program elements intended to meet the
Federal NNSR requirements and is
approving the state’s submittal because
the current SIP-approved NNSR
program satisfies all the 2015 ozone
NAAQS SIP Requirements Rule NNSR
program requirements applicable to the
Michigan ozone nonattainment areas.
publishing this action without prior
proposal because we view this as a
noncontroversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
state plan if relevant adverse written
comments are filed. This rule will be
effective August 8, 2023 without further
notice unless we receive relevant
adverse written comments by July 10,
2023. If we receive such comments, we
will withdraw this action before the
effective date by publishing a
subsequent document that will
withdraw the final action. All public
comments received will then be
addressed in a subsequent final rule
based on the proposed action. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. If we do not receive any
comments, this action will be effective
August 8, 2023.
IV. What action is EPA taking?
V. Statutory and Executive Order
Reviews.
EPA is approving Michigan’s January
24, 2023, SIP revision addressing the
NNSR requirements of the 2015 ozone
NAAQS. EPA has concluded that
Michigan’s submission fulfills the 40
CFR 51.1314 revision requirement,
meets the requirements of CAA sections
110 and 172 and the minimum SIP
requirements of 40 CFR 51.165. We are
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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
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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 14094 (88 FR
21879, April 11, 2023);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• 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.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
EGLE did not evaluate environmental
justice considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action. Due
to the nature of the action being taken
here, this action is expected to have a
neutral to positive impact on the air
quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 8, 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of this Federal Register, rather than file
an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: June 2, 2023.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the
preamble, title 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
(e) is amended by adding an entry for
‘‘Ozone (8-hour, 2015) Nonattainment
New Source Review Certification’’
immediately following the entry for
‘‘Determination of failure to attain the
2010 SO2 standard’’ to read as follows:
■
§ 52.1170
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED MICHIGAN NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable
geographic or
nonattainment
area
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Name of nonregulatory SIP provision
*
*
*
Ozone (8-hour, 2015) Nonattainment New Source Review Certification.
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State
submittal
date
EPA approval date
*
1/24/2023
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6/9/2023, [INSERT
Federal Register
CITATION].
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Federal Register / Vol. 88, No. 111 / Friday, June 9, 2023 / Rules and Regulations
EPA-APPROVED MICHIGAN NONREGULATORY AND QUASI-REGULATORY PROVISIONS—Continued
Name of nonregulatory SIP provision
*
*
*
*
*
*
*
Applicable
geographic or
nonattainment
area
State
submittal
date
*
*
telephone number: (202) 566–1030;
email address: RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
*
[FR Doc. 2023–12304 Filed 6–8–23; 8:45 am]
BILLING CODE 6560–50–P
I. General Information
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2022–0314; FRL–10994–01–
OCSPP]
Sedaxane; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of sedaxane in or
on Onion, bulb, subgroup 3–07A and
Vegetable, cucurbit, group 9. Syngenta
Crop Protection, LLC requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective June
9, 2023. Objections and requests for
hearings must be received on or before
August 8, 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).
SUMMARY:
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2022–0314, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the 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
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ADDRESSES:
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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).
• 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(g), 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 number EPA–HQ–
OPP–2022–0314 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
August 8, 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
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EPA approval date
Comments
*
*
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
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2022–0314, by one of the following
methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
online instructions for submitting
comments. Do not submit electronically
any information you consider to be CBI
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
II. Summary of Petitioned-For
Tolerance
In the Federal Register of July 20,
2022 (87 FR 43231) (FRL 9410–03–
OCSPP), EPA issued a document
pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing
of a pesticide petition (PP 2F8986) by
Syngenta Crop Protection, LLC, P.O.
Box 18300, Greensboro, NC 27419. The
petition requested that 40 CFR 180.665
be amended by establishing tolerances
for residues of the fungicide sedaxane,
N-[2-[1,1′-bicyclopropyl]-2-ylphenyl]-3(difluoromethyl)-1-methyl-1H-pyrazole4-carboxamide, in or on Vegetable, dry
bulb, crop subgroup 3–07A and
Vegetable, cucurbit, group 9 at 0.01
parts per million (ppm). The July 20,
2022, notice of filing referenced a
summary of the petition prepared by
Syngenta Crop Protection, LLC, the
registrant, which is available in the
docket, https://www.regulations.gov.
E:\FR\FM\09JNR1.SGM
09JNR1
]]>Agencies
[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Rules and Regulations]
[Pages 37766-37769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12304]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2023-0049; FRL-10920-02-R5]
Air Plan Approval; Michigan; Michigan Nonattainment New Source
Review Certification for the 2015 Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving, as a
revision to the Michigan State Implementation Plan (SIP), Michigan's
certification that its SIP satisfies the nonattainment new source
review (NNSR) requirements of the Clean Air Act (CAA) for the 2015
ozone National Ambient Air Quality Standard (NAAQS).
DATES: This direct final rule will be effective August 8, 2023, unless
EPA receives adverse comments by July 10, 2023. 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-2023-0049 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: Andrew Lee, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312)-353-7645, [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
On October 26, 2015, EPA promulgated a revised 8-hour ozone NAAQS
of 0.070 parts per million (ppm). See 80 FR 65292. Upon promulgation of
a new or revised NAAQS, the CAA requires EPA to designate as
nonattainment any area that is violating the NAAQS based on the three
most recent years of ambient air quality data. This action relates to
nonattainment areas in Michigan that were designated nonattainment for
the 2015 8-hour ozone NAAQS on June 4, 2018.
On December 6, 2018, EPA issued a final rule entitled,
``Implementation of the 2015 National Ambient Air Quality Standards for
Ozone: Nonattainment Area State Implementation Plan Requirements,''
which established the requirements and deadlines that state, tribal,
and local air quality management agencies must meet as they develop
implementation plans for areas where ozone concentrations exceed the
2015 8-hour ozone NAAQS. Based on its initial nonattainment designation
for the 2015 8-hour ozone standards, Michigan was required to make a
SIP revision addressing NNSR program requirements. This requirement may
be met by submitting a SIP revision consisting of a new or revised NNSR
permit program, or an analysis demonstrating that the existing SIP-
approved NNSR permit program meets the applicable 2015 ozone
requirements and a letter certifying the analysis.
II. Michigan's Submittal
On January 24, 2023, Michigan submitted a SIP revision requesting
that EPA approve Michigan's certification that its existing SIP-
approved NNSR regulations fully satisfy the NNSR requirements set forth
in 40 CFR 51.165 for all areas not attaining the 2015 ozone NAAQS.
Michigan has certified that specific sections of its NNSR rules in Part
19, New Source Review for Major Sources Impacting Nonattainment Areas,
continue to meet the NNSR requirements for ozone nonattainment areas
under the 2015 ozone NAAQS. Table 1 below provides the sections of
Michigan's NNSR rule corresponding to the relevant requirements at 40
CFR 51.165. The Michigan rules were previously approved on May 12, 2021
(86 FR 25954). Each requirement identified in Michigan's certification
has not been revised since EPA last approved it. Table 1 lists the
specific
[[Page 37767]]
provisions of Michigan's NNSR rules that address the required elements
of the Federal NNSR rules:
Table 1--NNSR SIP Rules Comparison
------------------------------------------------------------------------
Federal rule Michigan rule
------------------------------------------------------------------------
40 CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv).. R 336.2901(u)(i)(A), R
336.2901(u)(i)(A)(1), (2),
(3), and (4).
40 CFR 51.165(a)(1)(iv)(A)(2)(i)-(vi).. R 336.2901(u)(i)(B), R
336.2901(u)(i)(B)(1), (2),
(3), (4), (5), and (6).
40 CFR 51.165(a)(1)(iv)(A)(3).......... R 336.2901(u)(i)(C).
40 CFR 51.165 (a)(1)(iv)(B)............ R 336.2901(u)(i)(C)(ii).
40 CFR 51.165(a)(1)(v)(B).............. R 336.2901(t)(ii).
40 CFR 51.165 (a)(1)(v)(E)............. R 336.2901(t)(v).
40 CFR 51.165(a)(1)(v)(F).............. R 336.2901(t)(vi).
40 CFR 51.165(a)(1)(x)(A).............. R 336.2901(hh)(i) and R
336.2901(hh)(i)(D).
40 CFR 51.165(a)(1)(x)(B).............. R 336.2901(hh)(ii).
40 CFR 51.165(a)(1)(x)(C).............. R 336.2901(hh)(iii).
40 CFR 51.165(a)(1)(x)(E).............. R 336.2901(hh)(v).
40 CFR 51.165 (a)(1)(xxxvii)(C)(1)..... R 336.2901(ff).
40 CFR 51.165(a)(3)(ii)(C)(1).......... R 336.2908(5)(c)(i), R
336.2908(5)(c)(i)(A) and (B).
40 CFR 51.165(a)(3)(ii)(C)(2).......... R 336.2908(5)(c)(ii), R
336.2908(5)(c)(ii)(A) and (B).
40 CFR 51.165(a)(8).................... R 336.2902(8).
40 CFR 51.165(a)(9)(ii)-(iv)........... R 336.2908(6)(a)(i)-(v), and R
336.2908(6)(b) and (c).
------------------------------------------------------------------------
III. Analysis of Nonattainment New Source Review Requirements
NNSR is a preconstruction review permit program that applies to new
major stationary sources or major modifications at existing sources
within a nonattainment area and is required under CAA sections
172(c)(5) and 173.
As mentioned in Section I of this preamble, NNSR permit program
requirements were adopted for the 2015 ozone NAAQS at 40 CFR 51.1314 as
part of the 2015 SIP Requirements Rule. The minimum SIP requirements
for NNSR permitting programs for the 2015 ozone NAAQS are contained in
40 CFR 51.165. The SIP for each ozone nonattainment area must contain
NNSR provisions that: (1) set major source thresholds for nitrogen
oxides (NOX) and volatile organic compounds (VOC) pursuant to 40 CFR
51.165(a)(1)(iv)(A)(1)(i) through (iv) and (a)(1)(iv)(A)(2); (2)
classify physical changes as a major source if the change would
constitute a major source by itself pursuant to 40 CFR
51.165(a)(1)(iv)(A)(3); (3) consider any significant net emissions
increase of NOX as a significant net emissions increase for ozone
pursuant to 40 CFR 51.165(a)(1)(v)(E); (4) consider any increase of VOC
emissions in Extreme ozone nonattainment areas as a significant net
emissions increase and a major modification for ozone pursuant to 40
CFR 51.165(a)(1)(v)(F); (5) set significant emissions rates for VOC and
NOX as ozone precursors pursuant to 40 CFR 51.165(a)(1)(x)(A) through
(C) and (E); (6) contain provisions for emissions reductions credits
pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1) and (2); (7) provide that the
requirements applicable to VOC also apply to NOX pursuant to 40 CFR
51.165(a)(8); (8) set offset ratios for VOC and NOX pursuant to 40 CFR
51.165(a)(9)(ii) through (iv); and (9) require public participation
procedures compliant with 40 CFR 51.165(i).
Michigan's SIP-approved NNSR program, established in Part 19, ``New
Source Review for Major Sources Impacting Nonattainment Areas,'' of the
state's Air Pollution and Control rules, applies to the construction
and modification of stationary sources, including major stationary
sources in nonattainment areas under its jurisdiction. Michigan's
submitted SIP revision includes a compliance demonstration, consisting
of a table listing each of the 2015 ozone NAAQS NNSR SIP requirements
from 40 CFR 51.165 and a citation to the specific provision of the rule
satisfying the requirement. The submittal also includes a certification
by the state that the cited rules meet the Federal NNSR requirements
for the applicable ozone nonattainment designation. EPA has reviewed
the demonstration and cited program elements intended to meet the
Federal NNSR requirements and is approving the state's submittal
because the current SIP-approved NNSR program satisfies all the 2015
ozone NAAQS SIP Requirements Rule NNSR program requirements applicable
to the Michigan ozone nonattainment areas.
IV. What action is EPA taking?
EPA is approving Michigan's January 24, 2023, SIP revision
addressing the NNSR requirements of the 2015 ozone NAAQS. EPA has
concluded that Michigan's submission fulfills the 40 CFR 51.1314
revision requirement, meets the requirements of CAA sections 110 and
172 and the minimum SIP requirements of 40 CFR 51.165. We are
publishing this action without prior proposal because we view this as a
noncontroversial amendment and anticipate no adverse comments. However,
in the proposed rules section of this Federal Register publication, we
are publishing a separate document that will serve as the proposal to
approve the state plan if relevant adverse written comments are filed.
This rule will be effective August 8, 2023 without further notice
unless we receive relevant adverse written comments by July 10, 2023.
If we receive such comments, we will withdraw this action before the
effective date by publishing a subsequent document that will withdraw
the final action. All public comments received will then be addressed
in a subsequent final rule based on the proposed action. EPA will not
institute a second comment period. Any parties interested in commenting
on this action should do so at this time. Please note that if EPA
receives adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, EPA may adopt as final those provisions of the rule that are not
the subject of an adverse comment. If we do not receive any comments,
this action will be effective August 8, 2023.
V. Statutory and Executive Order Reviews.
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of
[[Page 37768]]
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 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
EGLE did not evaluate environmental justice considerations as part
of its SIP submittal; the CAA and applicable implementing regulations
neither prohibit nor require such an evaluation. EPA did not perform an
EJ analysis and did not consider EJ in this action. Due to the nature
of the action being taken here, this action is expected to have a
neutral to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 8, 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: June 2, 2023.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, title 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 (e) is amended by adding an
entry for ``Ozone (8-hour, 2015) Nonattainment New Source Review
Certification'' immediately following the entry for ``Determination of
failure to attain the 2010 SO2 standard'' to read as
follows:
Sec. 52.1170 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State
provision nonattainment submittal date EPA approval date Comments
area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Ozone (8-hour, 2015) Statewide......... 1/24/2023 6/9/2023, [INSERT Federal
Nonattainment New Source Register CITATION].
Review Certification.
[[Page 37769]]
* * * * * * *
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[FR Doc. 2023-12304 Filed 6-8-23; 8:45 am]
BILLING CODE 6560-50-P
