Air Plan Approval; Michigan; DTE River Rouge, 47377-47379 [2023-15404]
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Federal Register / Vol. 88, No. 140 / Monday, July 24, 2023 / Rules and Regulations
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.’’
The WDNR 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 September 22, 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).)
lotter on DSK11XQN23PROD with RULES1
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Particulate matter,
Reporting and recordkeeping
requirements.
VerDate Sep<11>2014
15:56 Jul 21, 2023
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Dated: July 13, 2023.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the
preamble, title 40 CFR part 52 is
amended as follows:
1. The authority citation for part 52
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.2570 is amended by
adding paragraph (c)(149) to read as
follows:
■
Identification of plan.
*
*
*
*
*
(c) * * *
(149) A revision to the ozone State
Implementation Plan (SIP) was
submitted by the Wisconsin Department
of Natural Resources on August 3, 2022,
revising Wisconsin’s air emission
reporting requirements of NR 438
Wisconsin Administrative Code to
include reporting requirements for
PM2.5, and updates to administrative
language in NR 400.03 and NR 484.06(4)
Wisconsin Administrative Code.
(i) Incorporation by reference. The
following sections of the Wisconsin
Administrative Code are incorporated
by reference.
(A) NR 400.03(4)(jp), as published in
the Wisconsin Register, July 2022 No.
799, effective August 1, 2022.
(B) NR 438, except for 438.03(am)2.,
as published in the Wisconsin Register,
July 2022 No. 799, effective August 1,
2022.
(C) NR 484.06(4) Table 4D Row (a), as
published in the Wisconsin Register,
July 2022 No. 799, effective August 1,
2022.
(ii) [Reserved]
3. Section 52.2591 is amended by
revising paragraph (h) and adding
paragraph (i) to read as follows:
■
§ 52.2591 Section 110(a)(2) infrastructure
requirements.
*
*
*
*
(h) Approval. In a July 13, 2015,
submission, supplemented August 8,
2016, and August 3, 2022, WDNR
certified that the State has satisfied the
infrastructure SIP requirements of
section 110(a)(2)(A) through (H), and (J)
through (M) for the 2012 PM2.5 NAAQS.
(i) Approval. In an August 3, 2022,
submission, WDNR certified that the
State has satisfied the infrastructure SIP
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[FR Doc. 2023–15291 Filed 7–21–23; 8:45 am]
BILLING CODE 6560–50–P
40 CFR Part 52
■
*
requirements of section 110(a)(2)(F) for
the 2015 ozone NAAQS.
*
*
*
*
*
ENVIRONMENTAL PROTECTION
AGENCY
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.2570
47377
[EPA–R05–OAR–2023–0031; FRL–10954–
02–R5]
Air Plan Approval; Michigan; DTE
River Rouge
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a request
submitted by the Michigan Department
of Environment, Great Lakes, and
Energy (EGLE) on January 12, 2023, and
supplemented on April 19, 2023, to
revise the Michigan state
implementation plan (SIP) for
particulate matter (PM). The revision
updates the fugitive dust plan for the
Detroit Edison—River Rouge Power
Plant (DTE Energy) located in River
Rouge, Michigan. The facility is no
longer in operation and therefore, the
plan eliminates requirements to reflect
plant shut down.
DATES: This direct final rule will be
effective September 22, 2023, unless
EPA receives adverse comments by
August 23, 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–2023–0031 at https://
www.regulations.gov or via email to
blakley.pamela@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
SUMMARY:
E:\FR\FM\24JYR1.SGM
24JYR1
47378
Federal Register / Vol. 88, No. 140 / Monday, July 24, 2023 / Rules and Regulations
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:
Charles Hatten, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6031,
hatten.charles@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.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
lotter on DSK11XQN23PROD with RULES1
I. General Information
On January 12, 2023, EGLE submitted
a revision to the fugitive dust plan (FDP)
for DTE Energy River Rouge facility. The
original FDP was approved into the SIP
on January 17, 1995 (60 FR 3346),
pursuant to Consent Order No. 9–1993.
The purpose of the FDP was to reduce
the PM emissions of fugitive dust from
coal handling activities, exposed areas
and storage piles, and vehicle traffic
while the facility was in operation. In
2021, DTE Energy retired their coal-fired
boilers, and thus, no longer functioned
as a base-load power plant. In 2022,
DTE Energy no longer served as a coal
handling and processing plant for the
steel mill operations at Cleveland-Cliffs
in Dearborn and U.S. Steel in River
Rouge.
In accordance with the stipulation
13.B.(1) of the Consent Order, DTE
Energy may revise the Control Program
provided that: (a) DTE Energy
demonstrates, in writing, that the
proposed revision does not result in an
increase in the level of fugitive dust or
particulate emissions and submits the
demonstration to the EGLE for approval;
(b) The revision is approved.
The changes to the FDP, as
determined by EGLE, will not increase
in the level of fugitive dust emissions at
DTE Energy. The facility is adjusting its
FDP to reflect that it has shut down and
no longer necessary to implement the
measures needed to address air quality
issues associated with coal handling
activities, vehicle traffic, and retirement
VerDate Sep<11>2014
15:56 Jul 21, 2023
Jkt 259001
of equipment with coal processing.
Therefore, no increased PM emissions
will result. Since the plant has ceased
operations EGLE approved the revised
FDP for the DTE Energy facility.
sections 110 and 113 of the Clean Air
Act (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
II. What action is EPA taking?
EPA is approving a revision to the
FDP for DTE Energy into the Michigan
SIP. The revision to the FDP will not
result in an increase in fugitive dust
emissions at the DTE Energy facility.
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 September 22, 2023 without
further notice unless we receive relevant
adverse written comments by August
23, 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
September 22, 2023.
IV. Statutory and Executive Order
Reviews
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 Consent
Order 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
PO 00000
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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
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), 13563 (76 FR 3821,
January 21, 2011), 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);
• 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).
1 62
E:\FR\FM\24JYR1.SGM
FR 27968 (May 22, 1997).
24JYR1
47379
Federal Register / Vol. 88, No. 140 / Monday, July 24, 2023 / Rules and Regulations
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 September 22, 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,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: July 13, 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
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
(d) is amended by revising the entry for
‘‘Detroit Edison Company, River Rouge
Power Plant, Wayne County’’ to read as
follows:
■
§ 52.1170
*
Identification of plan.
*
*
(d) * * *
*
*
EPA—APPROVED MICHIGAN SOURCE-SPECIFIC PROVISIONS
Name of source
*
*
Detroit Edison Company, River
Rouge Power Plant, Wayne
County.
*
*
*
*
9–1993
*
*
*
State
effective date
Order No.
10/12/1994
*
EPA approval date
Comments
*
*
7/24/2023, [INSERT FEDERAL
REGISTER CITATION].
*
*
Includes revised
Control Plan.
*
*
*
[FR Doc. 2023–15404 Filed 7–21–23; 8:45 am]
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*
Fugitive
*
Dust
]]>Agencies
[Federal Register Volume 88, Number 140 (Monday, July 24, 2023)]
[Rules and Regulations]
[Pages 47377-47379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15404]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2023-0031; FRL-10954-02-R5]
Air Plan Approval; Michigan; DTE River Rouge
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
request submitted by the Michigan Department of Environment, Great
Lakes, and Energy (EGLE) on January 12, 2023, and supplemented on April
19, 2023, to revise the Michigan state implementation plan (SIP) for
particulate matter (PM). The revision updates the fugitive dust plan
for the Detroit Edison--River Rouge Power Plant (DTE Energy) located in
River Rouge, Michigan. The facility is no longer in operation and
therefore, the plan eliminates requirements to reflect plant shut down.
DATES: This direct final rule will be effective September 22, 2023,
unless EPA receives adverse comments by August 23, 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-2023-0031 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
[[Page 47378]]
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: Charles Hatten, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6031, [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. General Information
On January 12, 2023, EGLE submitted a revision to the fugitive dust
plan (FDP) for DTE Energy River Rouge facility. The original FDP was
approved into the SIP on January 17, 1995 (60 FR 3346), pursuant to
Consent Order No. 9-1993. The purpose of the FDP was to reduce the PM
emissions of fugitive dust from coal handling activities, exposed areas
and storage piles, and vehicle traffic while the facility was in
operation. In 2021, DTE Energy retired their coal-fired boilers, and
thus, no longer functioned as a base-load power plant. In 2022, DTE
Energy no longer served as a coal handling and processing plant for the
steel mill operations at Cleveland-Cliffs in Dearborn and U.S. Steel in
River Rouge.
In accordance with the stipulation 13.B.(1) of the Consent Order,
DTE Energy may revise the Control Program provided that: (a) DTE Energy
demonstrates, in writing, that the proposed revision does not result in
an increase in the level of fugitive dust or particulate emissions and
submits the demonstration to the EGLE for approval; (b) The revision is
approved.
The changes to the FDP, as determined by EGLE, will not increase in
the level of fugitive dust emissions at DTE Energy. The facility is
adjusting its FDP to reflect that it has shut down and no longer
necessary to implement the measures needed to address air quality
issues associated with coal handling activities, vehicle traffic, and
retirement of equipment with coal processing. Therefore, no increased
PM emissions will result. Since the plant has ceased operations EGLE
approved the revised FDP for the DTE Energy facility.
II. What action is EPA taking?
EPA is approving a revision to the FDP for DTE Energy into the
Michigan SIP. The revision to the FDP will not result in an increase in
fugitive dust emissions at the DTE Energy facility.
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 September 22,
2023 without further notice unless we receive relevant adverse written
comments by August 23, 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
September 22, 2023.
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
Consent Order 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 Clean Air Act (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).
---------------------------------------------------------------------------
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), 13563 (76 FR 3821, January 21, 2011), 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);
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).
[[Page 47379]]
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 September 22, 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, Particulate matter, Reporting
and recordkeeping requirements.
Dated: July 13, 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 (d) is amended by revising
the entry for ``Detroit Edison Company, River Rouge Power Plant, Wayne
County'' to read as follows:
Sec. 52.1170 Identification of plan.
* * * * *
(d) * * *
EPA--Approved Michigan Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
State
Name of source Order No. effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Detroit Edison Company, River 9-1993 10/12/1994 7/24/2023, [INSERT Includes revised
Rouge Power Plant, Wayne County. FEDERAL REGISTER Fugitive Dust
CITATION]. Control Plan.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-15404 Filed 7-21-23; 8:45 am]
BILLING CODE 6560-50-P
