81 FR 91839 - Air Plan Approval; Michigan; Part 9 Miscellaneous Rules
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 243 (December 19, 2016)
Federal Register Volume 81, Issue 243 (December 19, 2016)
| Page Range | 91839-91841 | |
| FR Document | 2016-30195 |
[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)] [Rules and Regulations] [Pages 91839-91841] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30195] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2015-0845; FRL-9956-62-Region 5] Air Plan Approval; Michigan; Part 9 Miscellaneous Rules AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving administrative revisions for incorporation into the Michigan's State Implementation Plan (SIP). The submittal, by the Michigan Department of Environmental Quality (MDEQ) on December 21, 2015, makes minor corrections to Michigan's Air Pollution Control Rules entitled ``Emissions Limitations and Prohibitions--Miscellaneous.'' DATES: This rule is effective on February 17, 2017, unless EPA receives adverse written comments by January 18, 2017. If EPA receives adverse comments, EPA will publish a timely withdrawal of the rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05- OAR-2015-0845 at http://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 http://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]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. This supplementary information section is arranged as follows: I. What did Michigan submit? II. What action is EPA taking? III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. What did Michigan submit? On December 21, 2015, MDEQ submitted a request to EPA to make minor administrative revisions to rules in Chapter 336, Part 9. The revisions are described below: R 336.1906 (rule 906)--This existing rule requires notice to MDEQ for the placement of a device that dilutes or conceals emissions. MDEQ requests the rule that is currently in effect at the state level be incorporated into the SIP. The regulatory text of Michigan's current rule, effective May 20, 2015, is identical to the text of the SIP approved rule, which became effective March 19, 2002. The only revision to the text is the effective date of the rule. Because there are no substantive changes to language in the current version of the rule promulgated at the state, EPA finds the 2015 version of rule 906 approvable into the SIP. R 336.1911 (rule 911) and R 336.1912 (rule 912)--The provisions of these rules do not allow emissions or specifically limit emissions from a source, process equipment, or operation. In the existing rule 911, it requires a malfunction abatement plan in certain situations. A person responsible for the operation of a source of an air contaminant shall prepare a malfunction abatement plan to prevent, detect, and correct malfunctions or equipment failures resulting in emissions exceeding any applicable emission limitation. In this rule the word ``commission'' was changed to ``department.'' Malfunction abatement plans are to be submitted to the department because the commission no longer exists. The existing rule 912 addresses notification and reporting requirements of excess emissions resulting from either an abnormal condition, start-up, shutdown, or malfunction of a source, process equipment, or operation. In section 912(5b), the word ``which'' was changed to ``that.'' Because there are no substantive changes to the language in rules 911 and 912, EPA finds the revisions acceptable for approval into the Michigan SIP.\1\ --------------------------------------------------------------------------- \1\ On June 12, 2015 (80 FR 33840), EPA finalized a SIP Call to address deficient SIP provisions regarding emissions during facility start-up, shutdown, and malfunctions. In this SIP Call, Michigan was required to revise a rule which allowed an affirmative defense for excess emissions during start-up or shutdown. The SIP Call did not include rule 911 or 912. These two rules address only planning and reporting requirements. Thus, they comply with EPA's policy on start-up, shutdown, and malfunctions. --------------------------------------------------------------------------- Overall, the revisions to Part 9 make minor corrections to rules 906, 911, and 912. The revisions are solely administrative, and do not make any substantive changes to the language in the rules. The revisions to these rules will not increase emissions of pollutants into the atmosphere. II. What action is EPA taking? EPA is approving the December 21, 2015, request to revise Michigan's air pollution control rules in Part 9. The revisions will not increase emissions of pollutants into the atmosphere. 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 February 17, 2017 without further notice unless we receive relevant adverse written comments by January 18, 2017. 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. If we do not receive any comments, this action will be effective February 17, 2017. [[Page 91840]] 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 the amendments to 40 CFR part 52 set forth below. Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, 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 by the Director of the Federal Register in the next update to the SIP compilation.\2\ EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or at the EPA Region 5 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). --------------------------------------------------------------------------- \2\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- IV. Statutory and Executive Order Reviews Under the Clean Air Act (CAA), the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); 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). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. 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 February 17, 2017. 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 today's 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, Reporting and recordkeeping requirements. Dated: December 2, 2016. Robert A. Kaplan, Acting Regional Administrator, Region 5. 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 by revising the entries for R 336.1906, R 336.1911, and R 336.1912 under the heading ``Part 9. Emission Limitations and Prohibitions-- Miscellaneous'' to read as follows: Sec. 52.1170 Identification of plan. * * * * * (c) * * * EPA-Approved Michigan Regulations ---------------------------------------------------------------------------------------------------------------- State Michigan citation Title effective date EPA approval date Comments ---------------------------------------------------------------------------------------------------------------- [[Page 91841]] * * * * * * * ---------------------------------------------------------------------------------------------------------------- Part 9. Emission Limitations and Prohibitions--Miscellaneous ---------------------------------------------------------------------------------------------------------------- * * * * * * * R 336.1906............... Diluting and concealing 5/20/2015 12/19/2016 [insert emissions. Federal Register citation]. * * * * * * * R 336.1911............... Malfunction abatement 5/20/2015 12/19/2016 [insert plans. Federal Register citation]. R 336.1912............... Abnormal conditions, 5/20/2015 12/19/2016 [insert start-up, shutdown, and Federal Register malfunction of a source, citation]. process, or process equipment, operating, notification, and reporting requirements. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-30195 Filed 12-16-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Rules and Regulations 91839
recipient of credit assistance, as outside of the primary submission (i.e., word ‘‘commission’’ was changed to
determined necessary by EPA. The on the Web, cloud, or other file sharing ‘‘department.’’ Malfunction abatement
specific credit agreement between the system). For additional submission plans are to be submitted to the
recipient of credit assistance and EPA methods, please contact the person department because the commission no
may contain additional reporting identified in the ‘‘For Further longer exists.
requirements. Information Contact’’ section. For the The existing rule 912 addresses
[FR Doc. 2016–30194 Filed 12–16–16; 8:45 am] full EPA public comment policy, notification and reporting requirements
BILLING CODE 6560–50–P
information about CBI or multimedia of excess emissions resulting from either
submissions, and general guidance on an abnormal condition, start-up,
making effective comments, please visit shutdown, or malfunction of a source,
ENVIRONMENTAL PROTECTION http://www2.epa.gov/dockets/ process equipment, or operation. In
AGENCY commenting-epa-dockets. section 912(5b), the word ‘‘which’’ was
FOR FURTHER INFORMATION CONTACT:
changed to ‘‘that.’’
40 CFR Part 52 Because there are no substantive
Charles Hatten, Environmental
changes to the language in rules 911 and
[EPA–R05–OAR–2015–0845; FRL–9956–62– Engineer, Control Strategies Section, Air
912, EPA finds the revisions acceptable
Region 5] Programs Branch (AR–18J),
for approval into the Michigan SIP.1
Environmental Protection Agency, Overall, the revisions to Part 9 make
Air Plan Approval; Michigan; Part 9 Region 5, 77 West Jackson Boulevard, minor corrections to rules 906, 911, and
Miscellaneous Rules Chicago, Illinois 60604, (312) 886–6031, 912. The revisions are solely
hatten.charles@epa.gov. administrative, and do not make any
AGENCY: Environmental Protection
Agency (EPA). SUPPLEMENTARY INFORMATION: substantive changes to the language in
ACTION: Direct final rule.
Throughout this document whenever the rules. The revisions to these rules
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean will not increase emissions of pollutants
SUMMARY: The Environmental Protection EPA. This supplementary information into the atmosphere.
Agency (EPA) is approving section is arranged as follows:
II. What action is EPA taking?
administrative revisions for I. What did Michigan submit?
incorporation into the Michigan’s State II. What action is EPA taking? EPA is approving the December 21,
Implementation Plan (SIP). The III. Incorporation by Reference 2015, request to revise Michigan’s air
submittal, by the Michigan Department IV. Statutory and Executive Order Reviews pollution control rules in Part 9. The
of Environmental Quality (MDEQ) on revisions will not increase emissions of
I. What did Michigan submit?
December 21, 2015, makes minor pollutants into the atmosphere.
corrections to Michigan’s Air Pollution On December 21, 2015, MDEQ We are publishing this action without
Control Rules entitled ‘‘Emissions submitted a request to EPA to make prior proposal because we view this as
Limitations and Prohibitions— minor administrative revisions to rules a noncontroversial amendment and
Miscellaneous.’’ in Chapter 336, Part 9. The revisions are anticipate no adverse comments.
described below: However, in the proposed rules section
DATES: This rule is effective on February R 336.1906 (rule 906)—This existing of this Federal Register publication, we
17, 2017, unless EPA receives adverse rule requires notice to MDEQ for the are publishing a separate document that
written comments by January 18, 2017. placement of a device that dilutes or will serve as the proposal to approve the
If EPA receives adverse comments, EPA conceals emissions. MDEQ requests the state plan if relevant adverse written
will publish a timely withdrawal of the rule that is currently in effect at the state comments are filed. This rule will be
rule in the Federal Register and inform level be incorporated into the SIP. The effective February 17, 2017 without
the public that the rule will not take regulatory text of Michigan’s current further notice unless we receive relevant
effect. rule, effective May 20, 2015, is identical adverse written comments by January
ADDRESSES: Submit your comments, to the text of the SIP approved rule, 18, 2017. If we receive such comments,
identified by Docket ID No. EPA–R05– which became effective March 19, 2002. we will withdraw this action before the
OAR–2015–0845 at http:// The only revision to the text is the effective date by publishing a
www.regulations.gov or via email to effective date of the rule. Because there subsequent document that will
blakley.pamela@epa.gov. For comments are no substantive changes to language withdraw the final action. All public
submitted at Regulations.gov, follow the in the current version of the rule comments received will then be
online instructions for submitting promulgated at the state, EPA finds the addressed in a subsequent final rule
comments. Once submitted, comments 2015 version of rule 906 approvable into based on the proposed action. EPA will
cannot be edited or removed from the SIP. not institute a second comment period.
Regulations.gov. For either manner of R 336.1911 (rule 911) and R 336.1912 Any parties interested in commenting
submission, EPA may publish any (rule 912)—The provisions of these on this action should do so at this time.
comment received to its public docket. rules do not allow emissions or If we do not receive any comments, this
Do not submit electronically any specifically limit emissions from a action will be effective February 17,
information you consider to be source, process equipment, or operation. 2017.
Confidential Business Information (CBI) In the existing rule 911, it requires a
or other information whose disclosure is malfunction abatement plan in certain 1 On June 12, 2015 (80 FR 33840), EPA finalized
restricted by statute. Multimedia situations. A person responsible for the a SIP Call to address deficient SIP provisions
srobinson on DSK5SPTVN1PROD with RULES
regarding emissions during facility start-up,
submissions (audio, video, etc.) must be operation of a source of an air shutdown, and malfunctions. In this SIP Call,
accompanied by a written comment. contaminant shall prepare a Michigan was required to revise a rule which
The written comment is considered the malfunction abatement plan to prevent, allowed an affirmative defense for excess emissions
official comment and should include detect, and correct malfunctions or during start-up or shutdown. The SIP Call did not
include rule 911 or 912. These two rules address
discussion of all points you wish to equipment failures resulting in only planning and reporting requirements. Thus,
make. EPA will generally not consider emissions exceeding any applicable they comply with EPA’s policy on start-up,
comments or comment contents located emission limitation. In this rule the shutdown, and malfunctions.
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EPA-APPROVED MICHIGAN REGULATIONS—Continued
State effective
Michigan citation Title EPA approval date Comments
date
* * * * * * *
Part 9. Emission Limitations and Prohibitions—Miscellaneous
* * * * * * *
R 336.1906 ........ Diluting and concealing emissions ........................... 5/20/2015 12/19/2016 [insert Fed-
eral Register citation].
* * * * * * *
R 336.1911 ........ Malfunction abatement plans .................................... 5/20/2015 12/19/2016 [insert Fed-
eral Register citation].
R 336.1912 ........ Abnormal conditions, start-up, shutdown, and mal- 5/20/2015 12/19/2016 [insert Fed-
function of a source, process, or process equip- eral Register citation].
ment, operating, notification, and reporting re-
quirements.
* * * * * * *
[FR Doc. 2016–30195 Filed 12–16–16; 8:45 am] site. Although listed in the index, some mechanism by which states that meet
BILLING CODE 6560–50–P information is not publicly available, certain criteria may request and be
e.g., Confidential Business Information granted by the EPA Administrator a one-
or other information whose disclosure is year extension of an area’s attainment
ENVIRONMENTAL PROTECTION restricted by statute. Certain other deadline. The CAA also requires that
AGENCY material, such as copyrighted material, areas that have not attained the standard
is not placed on the Internet and will be by their attainment deadlines be
40 CFR Part 81 publicly available only in hard copy reclassified to either the next ‘‘highest’’
[EPA–R05–OAR–2016–0277; FRL–9956–95– form. Publicly available docket classification (e.g., marginal to
Region 5] materials are available either through moderate, moderate to serious, etc.) or
http://www.regulations.gov, or please to the classifications applicable to the
Reclassification of the Sheboygan, contact the person identified in the FOR areas’ design values.
Wisconsin Area To Moderate FURTHER INFORMATION CONTACT section On April 30, 2012, the Sheboygan
Nonattainment for the 2008 Ozone for additional availability information. area was designated as nonattainment
National Ambient Air Quality FOR FURTHER INFORMATION CONTACT: for the 2008 ozone NAAQS and was
Standards Kathleen D’Agostino, Environmental classified as marginal, effective July 20,
AGENCY: Environmental Protection Scientist, Attainment Planning and 2012 (77 FR 30088, May 21, 2012).
Agency (EPA). Maintenance Section, Air Programs Wisconsin submitted a letter to EPA
ACTION: Final rule. Branch (AR–18J), Environmental requesting a one-year extension of the
Protection Agency, Region 5, 77 West attainment deadline for the Sheboygan
SUMMARY: The Environmental Protection Jackson Boulevard, Chicago, Illinois area under section 181(a)(5) of the CAA.
Agency (EPA) is determining that the 60604, (312) 886–1767, In that letter, Wisconsin certified that
Sheboygan, Wisconsin area (Sheboygan dagostino.kathleen@epa.gov. the State had complied with all
County) has failed to attain the 2008 SUPPLEMENTARY INFORMATION: requirements and commitments
ozone National Ambient Air Quality Throughout this document whenever pertaining to the Sheboygan area in the
Standards (NAAQS) by the applicable ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean SIP and that all monitors in the area had
attainment date of July 20, 2016, and EPA. a fourth highest daily maximum 8-hour
that this area is not eligible for an average of 0.075 parts per million (ppm)
extension of the attainment date. Thus, I. What is being addressed in this or less for 2014 (i.e., the last full year
EPA is reclassifying this area as document? of air quality data prior to the July 20,
‘‘moderate’’ nonattainment for the 2008 Clean Air Act (CAA) section 181(b)(2) 2015, attainment date). On May 4, 2016
ozone NAAQS. The State of Wisconsin requires EPA to determine, based on an (81 FR 26697), based on EPA’s
must submit State Implementation Plan area’s ozone design value 1 as of the evaluation and determination that the
(SIP) revisions that meet the statutory area’s attainment deadline, whether the area met the attainment date extension
and regulatory requirements that apply area has attained the ozone standard by criteria of CAA section 181(a)(5), EPA
to areas classified as moderate that date. The statute provides a granted the Sheboygan area a one-year
nonattainment for the 2008 ozone extension of the marginal area
NAAQS by January 1, 2017. 1 An area’s ozone design value for the eight-hour
attainment date to July 20, 2016.
srobinson on DSK5SPTVN1PROD with RULES
DATES: This final rule is effective ozone NAAQS is the highest three-year average of
the annual fourth-highest daily maximum eight-
Wisconsin did not request a second
December 19, 2016. hour average concentrations of all monitors in the one-year extension for the Sheboygan
ADDRESSES: EPA has established a area. To determine whether an area has attained the area, and the area would not have
docket for this action under Docket ID ozone NAAQS prior to the attainment date, EPA qualified for one under CAA section
considers the monitor-specific ozone design values
No. EPA–R05–OAR–2016–0277. All in the area for the most recent three years with
181(a)(5) because, at 0.076 ppm, the
documents in the docket are listed in complete, quality-assured monitored ozone data average of the 2014 and 2015 annual
the http://www.regulations.gov Web prior to the attainment deadline. fourth highest daily maximum eight-
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Document Created: 2016-12-17 03:15:30
Document Modified: 2016-12-17 03:15:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective on February 17, 2017, unless EPA receives adverse written comments by January 18, 2017. If EPA receives adverse comments, EPA will publish a timely withdrawal of the rule in the Federal Register and inform the public that the rule will not take effect. | |
| 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] | |
| FR Citation | 81 FR 91839 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations and Reporting and Recordkeeping Requirements |
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