83_FR_13772 83 FR 13710 - Air Plan Approval; Michigan; Revisions to Volatile Organic Compound Rules

83 FR 13710 - Air Plan Approval; Michigan; Revisions to Volatile Organic Compound Rules

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 62 (March 30, 2018)

Page Range13710-13712
FR Document2018-06543

The Environmental Protection Agency (EPA) is proposing to approve revised rules submitted by the State of Michigan as State Implementation Plan (SIP) revisions. The main revision specifies volatile organic compound (VOC) limits for cutback and emulsified asphalts as well as the test methods for determining the VOC content of these products. Michigan also moved the adoption by reference citations from Part 6. Emission Limitations and Prohibitions--Existing Sources of Volatile Organic Emissions to Part 9. Emission Limitations and Prohibitions--Miscellaneous and updated references to federal test methods in several of its Part 6 rules.

Federal Register, Volume 83 Issue 62 (Friday, March 30, 2018)
[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Proposed Rules]
[Pages 13710-13712]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06543]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0100; EPA-R05-OAR-2017-0501; FRL-9976-10--Region 5]


Air Plan Approval; Michigan; Revisions to Volatile Organic 
Compound Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revised rules submitted by the State of Michigan as State 
Implementation Plan (SIP) revisions. The main revision specifies 
volatile organic compound (VOC) limits for cutback and emulsified 
asphalts as well as the test methods for determining the VOC content of 
these products. Michigan also moved the adoption by reference citations 
from Part 6. Emission Limitations and Prohibitions--Existing Sources of 
Volatile Organic Emissions to Part 9. Emission Limitations and 
Prohibitions--Miscellaneous and updated references to federal test 
methods in several of its Part 6 rules.

DATES: Comments must be received on or before April 30, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2017-0100 or EPA-R05-OAR-2017-0501 at http://www.regulations.gov or 
via email to Aburano.Douglas@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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental 
Engineer, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6052, 
rosenthal.steven@epa.gov.

[[Page 13711]]


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 are the State rule revisions?
II. Did the State hold public hearings for these submittals?
III. What is EPA's analysis of the State's submittals?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What are the State rule revisions?

    Michigan revised its rule R 336.1618 ``Use of cutback or emulsified 
paving asphalt'' along with several other of its VOC rules. Cutback 
asphalt is asphalt that has been liquefied by blending with an organic 
solvent. Emulsified asphalt is asphalt that has been liquefied by 
mixing with water and an emulsifying agent. Both types of asphalt are 
used to pave or repair road surfaces. The revision to R 336.1618 
clarifies VOC limits for cutback and emulsified asphalts and specifies 
testing requirements for determining the VOC content of these products. 
Michigan also revised rules R 336.1611 to R 336.1614, R 336.1619, R 
336.1622, R 336.1625, R 336.1627 to R 336.1629, R 336.1632, R 336.1651, 
R 336.1660, and R 336.1661 for the purpose of removing adoptions by 
reference which have been moved to, and consolidated in, R 336.1902 
``Adoption of standards by reference.'' Revisions to R 336.1622, R 
336.1627 to R 336.1629, and R 336.1632 update references to federal 
test methods. These revisions were submitted on August 1, 2017.
    Michigan submitted a revised R 336.1902 on February 7, 2017 as part 
of a separate rulemaking action. Michigan subsequently replaced the 
February 7, 2017 submittal with a November 8, 2017 supplemental 
submittal for its Part 9 rules in which it requested that only the 
following sections of R 336.1902 be included in its SIP. R 
336.1902(1)(a), (1)(b)(iii), (iv), (vii) and (viii), (1)(c) to (e), 
(1)(g), (1)(i) to (n), (1)(s), (2)(b), (2)(e), (2)(g), (4)(a) to (f), 
(4)(l), (4)(o) and (p), (5), (8) and (9). In a February 6, 2018 memo 
from Michigan to EPA, it clarified that R 336.1902(4)(p) is the correct 
version of ASTM Method E169 for inclusion into the SIP; and R 
336.1902(1)(b)(i), R 336.1902(3)(a) AND R 336.1902(4)(m) should be 
included in the Part 9 SIP revisions submitted in February and November 
2017. In a February 26, 2018 memo from Michigan to EPA it clarified 
that R 336.1902(1)(f) should also be included in the SIP.

II. Did the State hold public hearings for these submittals?

    A public hearing on these Part 6 rule revisions was held on 
November 14, 2016. Only one comment was received and it was not 
addressed as it was not directed towards the subject rule revisions. A 
public hearing on the Part 9 (specifically R 336.1902) rule revisions 
was held on May 2, 2016 and no comments were received.

III. What is EPA's analysis of the State's submittals?

A. Rule 618--Use of Cutback or Emulsified Paving Asphalt

    The current SIP-approved version of Rule 618 only applies to 
cutback asphalts and requires Michigan Department of Environmental 
Quality (MDEQ) approval for use of cutback asphalts during the ozone 
season. Michigan revised its rules to clarify the requirements for 
cutback and emulsified asphalts under Rule 618. The revisions include a 
VOC content limit that determines whether an asphalt product can be 
used during the ozone season. In its current SIP-approved rule, cutback 
asphalts can only be used during the ozone season with MDEQ approval 
and there is no requirement that the products used during ozone season 
have a low VOC content. The revised rule specifies a 3 percent VOC 
content limit to ensure that only low-emitting asphalt products are 
used during the ozone season. An October 4, 1979 policy memorandum 
titled ``Clarification for Final SIP Actions on Asphalt Regulations'' 
states that maximum solvent contents in the range of 5 to 7 percent are 
acceptable. This VOC content limitation for asphalt usage during the 
warmer ozone months should result in lower VOC emissions from the use 
of asphalt products. The revised rule also added definitions for 
asphalts, emulsified asphalts, as well as cutback asphalts, and 
specifies the test methods used to determine the VOC content of the 
asphalts. This rule is therefore approvable because it has an even 
lower VOC content than what is acceptable as RACT and is more 
enforceable than the existing SIP approved rule because it contains 
specific test methods for determining the percent VOC from both 
emulsified and cutback asphalt and the rule also requires that records 
be maintained of the manufacture, mixing, storage, use or application 
of any cutback or emulsified asphalt, including the VOC content of 
these asphalts.

B. Remaining Revisions--Incorporations by Reference

    Michigan also revised rules R 336.1611 to R 336.1614, R 336.1619, R 
336.1622, R 336.1625, R 336.1627 to R 336.1629, R 336.1632, R 336.1651, 
R 336.1660, and R 336.1661 for the purpose of removing adoptions by 
reference which have been moved to and consolidated in R 336.1902 
``Adoption of standards by reference.''
    The following rules contain the adoption of standards by reference 
that have been moved from the rules listed above: R 336.1902(1)(a), 
(1)(b)(i), (iii), (iv), (vii) and (viii), (1)(c) to (g), (1)(i) to (n), 
(1)(s), (2)(b), (2)(e), (2)(g), (3)(a), (4)(a) to (f), (4)(l), (4)(m), 
(4)(o) and (p), (5), (8) and (9). These revisions are approvable as 
they merely move the location of the adoption of standards by 
reference.

IV. What action is EPA taking?

    EPA is proposing to approve the revisions to Michigan's Part 6 
Rules that were submitted on August 1, 2017, as revisions of the 
Michigan SIP. Specifically, we are approving R 336.1611 to R 336.1614, 
R 336.1618, R 336.1619, R 336.1622, R 336.1625, R 336.1627 to R 
336.1629, R 336.1632, R 336.1651, R 336.1660, and R 336.1661 into the 
Michigan SIP.
    We are also proposing to approve revisions to Michigan's Part 9 
rules that were submitted on November 8, 2018 and February 6, 2018. 
Specifically, we are approving R 336.1902(1)(a), (1)(b)(i), (iii), 
(iv), (vii) and (viii), (1)(c) to (g), (1)(i) to (n), (1)(s), (2)(b), 
(2)(e), (2)(g), (3)(a), (4)(a) to (f), (4)(l), (4)(m), (4)(o) and (p), 
(5), (8) and (9).

V. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA proposes to incorporate by 
reference Michigan Administrative Code R 336.1902(1)(a), R 
336.1902(1)(b)(iii), (iv), (vii) and (viii), R 336.1902(1)(c) to (g), R 
336.1902(1)(i) to (n), R 336.1902(1)(s), R 336.1902(2)(b), R 
336.1902(2)(e), R 336.1902(2)(g), R 336.1902(4)(a) to (f), R 
336.1902(4)(l), R 336.1902(4)(o) and (p), R 336.1902(5), R 336.1902(8), 
and R 336.1902(9), effective December 20, 2016, and Michigan 
Administrative Code R 336.1611, R 336.1612, R 336.1613, R 336.1614, R 
336.1618, R 336.1619, R 336.1622, R 336.1625, R 336.1627, R 336.1628, R 
336.1629, R 336.1632, R 336.1651, R 336.1660, and R 336.1661, effective 
March 29, 2017. EPA has

[[Page 13712]]

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).

VI. 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Volatile organic compounds, and 
Ozone.

    Dated: March 20, 2018.
Edward H. Chu,
Acting Regional Administrator, Region 5.
[FR Doc. 2018-06543 Filed 3-29-18; 8:45 am]
 BILLING CODE 6560-50-P



                                               13710                        Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Proposed Rules

                                               Regulatory Notices and Analyses                            within a 3.9-mile radius of the Beaver County         ACTION:   Proposed rule.
                                                                                                          Airport. This Class D airspace area is
                                                 The FAA has determined that this                         effective during the specific dates and times         SUMMARY:   The Environmental Protection
                                               proposed regulation only involves an                       established in advance by a Notice to                 Agency (EPA) is proposing to approve
                                               established body of technical                              Airmen. The effective date and time will              revised rules submitted by the State of
                                               regulations for which frequent and                         thereafter be continuously published in the           Michigan as State Implementation Plan
                                               routine amendments are necessary to                        Chart Supplement.
                                                                                                                                                                (SIP) revisions. The main revision
                                               keep them operationally current. It,                       Paragraph 6004 Class E Airspace                       specifies volatile organic compound
                                               therefore: (1) Is not a ‘‘significant                      Designated as an Extension to Class D or E            (VOC) limits for cutback and emulsified
                                               regulatory action’’ under Executive                        Surface Area.                                         asphalts as well as the test methods for
                                               Order 12866; (2) is not a ‘‘significant                    *      *      *      *       *                        determining the VOC content of these
                                               rule’’ under DOT Regulatory Policies
                                                                                                          AEA PA E4 Beaver Falls, PA [Amended]                  products. Michigan also moved the
                                               and Procedures (44 FR 11034; February
                                                                                                          Beaver County Airport, PA
                                                                                                                                                                adoption by reference citations from
                                               26, 1979); and (3) does not warrant
                                                                                                             (Lat. 40°46′21″ N, long. 80°23′29″ W)              Part 6. Emission Limitations and
                                               preparation of a Regulatory Evaluation
                                                                                                          Ellwood City VORTAC                                   Prohibitions—Existing Sources of
                                               as the anticipated impact is so minimal.
                                                                                                             (Lat. 40°49′30″ N, long. 80°12′41″ W)              Volatile Organic Emissions to Part 9.
                                               Since this is a routine matter that will
                                                                                                             That airspace extending upward from the            Emission Limitations and
                                               only affect air traffic procedures and air
                                                                                                          surface within 1.3 miles each side of the             Prohibitions—Miscellaneous and
                                               navigation, it is certified that this                      Ellwood City VORTAC 248° radial extending             updated references to federal test
                                               proposed rule, when promulgated, will                      from the 3.9-mile radius of Beaver County             methods in several of its Part 6 rules.
                                               not have a significant economic impact                     Airport to 1.3 miles west of the VORTAC.
                                               on a substantial number of small entities                  This Class E airspace area is effective during        DATES: Comments must be received on
                                               under the criteria of the Regulatory                       the specific dates and times established in           or before April 30, 2018.
                                               Flexibility Act.                                           advance by a Notice to Airmen. The effective          ADDRESSES: Submit your comments,
                                                                                                          date and time will thereafter be continuously         identified by Docket ID No. EPA–R05–
                                               Environmental Review                                       published in the Chart Supplement.                    OAR–2017–0100 or EPA–R05–OAR–
                                                  This proposal will be subject to an                     Paragraph 6005 Class E Airspace Areas                 2017–0501 at http://
                                               environmental analysis in accordance                       Extending Upward From 700 Feet or More                www.regulations.gov or via email to
                                               with FAA Order 1050.1F,                                    Above the Surface of the Earth.                       Aburano.Douglas@epa.gov. For
                                               ‘‘Environmental Impacts: Policies and                      *      *      *      *       *                        comments submitted at Regulations.gov,
                                               Procedures’’ prior to any FAA final                                                                              follow the online instructions for
                                                                                                          AEA PA E5 Beaver Falls, PA [Amended]
                                               regulatory action.                                                                                               submitting comments. Once submitted,
                                                                                                          Beaver County Airport, PA                             comments cannot be edited or removed
                                               Lists of Subjects in 14 CFR Part 71                          (Lat. 40°46′21″ N, long. 80°23′29″ W)
                                                                                                          Ellwood City VORTAC                                   from Regulations.gov. For either manner
                                                 Airspace, Incorporation by reference,                                                                          of submission, EPA may publish any
                                                                                                            (Lat. 40°49′30″ N, long. 80°12′42″ W)
                                               Navigation (air).                                                                                                comment received to its public docket.
                                                                                                            That airspace extending upward from 700
                                               The Proposed Amendment                                     feet above the surface within a 6.4-mile              Do not submit electronically any
                                                                                                          radius of Beaver County Airport, and within           information you consider to be
                                                 In consideration of the foregoing, the                   1.8-miles each side of Ellwood City VORTAC            Confidential Business Information (CBI)
                                               Federal Aviation Administration                            248° radial extending from the 6.4-mile               or other information whose disclosure is
                                               proposes to amend 14 CFR part 71 as                        radius to the VORTAC.                                 restricted by statute. Multimedia
                                               follows:                                                   *      *      *      *       *                        submissions (audio, video, etc.) must be
                                               PART 71—DESIGNATION OF CLASS A,                            AEA PA E5 Zelienople, PA [Amended]                    accompanied by a written comment.
                                               B, C, D, AND E AIRSPACE AREAS; AIR                                                                               The written comment is considered the
                                                                                                          Zelienople Municipal Airport, PA
                                               TRAFFIC SERVICE ROUTES; AND                                  (Lat. 40°48′07″ N, long. 80°09′39″ W)               official comment and should include
                                               REPORTING POINTS                                                                                                 discussion of all points you wish to
                                                                                                            That airspace extending upward from 700
                                                                                                          feet above the surface within a 6-mile radius         make. EPA will generally not consider
                                               ■ 1. The authority citation for part 71                    of Zelienople Municipal Airport.                      comments or comment contents located
                                               continues to read as follows:                                                                                    outside of the primary submission (i.e.
                                                                                                            Issued in College Park, Georgia, on March
                                                 Authority: 49 U.S.C. 106(f), 106(g); 40103,              14, 2018.                                             on the web, cloud, or other file sharing
                                               40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,                                                                     system). For additional submission
                                                                                                          Ryan W. Almasy,
                                               1959–1963 Comp., p. 389.                                                                                         methods, please contact the person
                                                                                                          Manager, Operations Support Group, Eastern
                                                                                                                                                                identified in the FOR FURTHER
                                               § 71.1       [Amended]                                     Service Center, Air Traffic Organization.
                                                                                                                                                                INFORMATION CONTACT section. For the
                                               ■ 2. The incorporation by reference in                     [FR Doc. 2018–06389 Filed 3–29–18; 8:45 am]
                                                                                                                                                                full EPA public comment policy,
                                               14 CFR 71.1 of Federal Aviation                            BILLING CODE 4910–13–P
                                                                                                                                                                information about CBI or multimedia
                                               Administration Order 7400.11B,                                                                                   submissions, and general guidance on
                                               Airspace Designations and Reporting                                                                              making effective comments, please visit
                                               Points, dated August 3, 2017, and                          ENVIRONMENTAL PROTECTION                              http://www2.epa.gov/dockets/
                                               effective September 15, 2017, is                           AGENCY                                                commenting-epa-dockets.
                                               amended as follows:                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                          40 CFR Part 52
amozie on DSK30RV082PROD with PROPOSALS




                                               Paragraph 5000         Class D Airspace.
                                                                                                                                                                Steven Rosenthal, Environmental
                                                                                                          [EPA–R05–OAR–2017–0100; EPA–R05–                      Engineer, Attainment Planning and
                                               *        *      *       *      *                           OAR–2017–0501; FRL–9976–10—Region 5]                  Maintenance Section, Air Programs
                                               AEA PA D Beaver Falls, PA [Amended]                                                                              Branch (AR–18J), Environmental
                                                                                                          Air Plan Approval; Michigan; Revisions
                                               Beaver County Airport, PA                                                                                        Protection Agency, Region 5, 77 West
                                                                                                          to Volatile Organic Compound Rules
                                                 (Lat. 40°46′21″ N, long. 80°23′29″ W)                                                                          Jackson Boulevard, Chicago, Illinois
                                                 That airspace extending upward from the                  AGENCY: Environmental Protection                      60604, (312) 886–6052,
                                               surface to and including 3,800 feet MSL                    Agency (EPA).                                         rosenthal.steven@epa.gov.


                                          VerDate Sep<11>2014      18:11 Mar 29, 2018   Jkt 244001   PO 00000   Frm 00020   Fmt 4702   Sfmt 4702   E:\FR\FM\30MRP1.SGM   30MRP1


                                                                         Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Proposed Rules                                                13711

                                               SUPPLEMENTARY INFORMATION:                              II. Did the State hold public hearings                B. Remaining Revisions—Incorporations
                                               Throughout this document whenever                       for these submittals?                                 by Reference
                                               ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean                                                                      Michigan also revised rules R
                                               EPA. This supplementary information                        A public hearing on these Part 6 rule
                                                                                                       revisions was held on November 14,                    336.1611 to R 336.1614, R 336.1619, R
                                               section is arranged as follows:                                                                               336.1622, R 336.1625, R 336.1627 to R
                                                                                                       2016. Only one comment was received
                                               I. What are the State rule revisions?                                                                         336.1629, R 336.1632, R 336.1651, R
                                                                                                       and it was not addressed as it was not
                                               II. Did the State hold public hearings for                                                                    336.1660, and R 336.1661 for the
                                                                                                       directed towards the subject rule
                                                    these submittals?                                                                                        purpose of removing adoptions by
                                                                                                       revisions. A public hearing on the Part
                                               III. What is EPA’s analysis of the State’s                                                                    reference which have been moved to
                                                                                                       9 (specifically R 336.1902) rule
                                                    submittals?                                                                                              and consolidated in R 336.1902
                                               IV. What action is EPA taking?                          revisions was held on May 2, 2016 and                 ‘‘Adoption of standards by reference.’’
                                               V. Incorporation by Reference                           no comments were received.                               The following rules contain the
                                               VI. Statutory and Executive Order Reviews               III. What is EPA’s analysis of the State’s            adoption of standards by reference that
                                                                                                       submittals?                                           have been moved from the rules listed
                                               I. What are the State rule revisions?
                                                                                                                                                             above: R 336.1902(1)(a), (1)(b)(i), (iii),
                                                  Michigan revised its rule R 336.1618                 A. Rule 618—Use of Cutback or                         (iv), (vii) and (viii), (1)(c) to (g), (1)(i) to
                                               ‘‘Use of cutback or emulsified paving                   Emulsified Paving Asphalt                             (n), (1)(s), (2)(b), (2)(e), (2)(g), (3)(a),
                                               asphalt’’ along with several other of its                                                                     (4)(a) to (f), (4)(l), (4)(m), (4)(o) and (p),
                                                                                                          The current SIP-approved version of
                                               VOC rules. Cutback asphalt is asphalt                                                                         (5), (8) and (9). These revisions are
                                                                                                       Rule 618 only applies to cutback                      approvable as they merely move the
                                               that has been liquefied by blending with                asphalts and requires Michigan
                                               an organic solvent. Emulsified asphalt is                                                                     location of the adoption of standards by
                                                                                                       Department of Environmental Quality                   reference.
                                               asphalt that has been liquefied by                      (MDEQ) approval for use of cutback
                                               mixing with water and an emulsifying                    asphalts during the ozone season.                     IV. What action is EPA taking?
                                               agent. Both types of asphalt are used to                Michigan revised its rules to clarify the
                                               pave or repair road surfaces. The                                                                                EPA is proposing to approve the
                                                                                                       requirements for cutback and emulsified               revisions to Michigan’s Part 6 Rules that
                                               revision to R 336.1618 clarifies VOC
                                                                                                       asphalts under Rule 618. The revisions                were submitted on August 1, 2017, as
                                               limits for cutback and emulsified
                                                                                                       include a VOC content limit that                      revisions of the Michigan SIP.
                                               asphalts and specifies testing
                                                                                                       determines whether an asphalt product                 Specifically, we are approving R
                                               requirements for determining the VOC
                                                                                                       can be used during the ozone season. In               336.1611 to R 336.1614, R 336.1618, R
                                               content of these products. Michigan also
                                                                                                       its current SIP-approved rule, cutback                336.1619, R 336.1622, R 336.1625, R
                                               revised rules R 336.1611 to R 336.1614,
                                                                                                       asphalts can only be used during the                  336.1627 to R 336.1629, R 336.1632, R
                                               R 336.1619, R 336.1622, R 336.1625, R
                                                                                                       ozone season with MDEQ approval and                   336.1651, R 336.1660, and R 336.1661
                                               336.1627 to R 336.1629, R 336.1632, R
                                                                                                       there is no requirement that the                      into the Michigan SIP.
                                               336.1651, R 336.1660, and R 336.1661
                                                                                                       products used during ozone season have                   We are also proposing to approve
                                               for the purpose of removing adoptions
                                                                                                       a low VOC content. The revised rule                   revisions to Michigan’s Part 9 rules that
                                               by reference which have been moved to,
                                                                                                       specifies a 3 percent VOC content limit               were submitted on November 8, 2018
                                               and consolidated in, R 336.1902
                                                                                                       to ensure that only low-emitting asphalt              and February 6, 2018. Specifically, we
                                               ‘‘Adoption of standards by reference.’’
                                                                                                       products are used during the ozone                    are approving R 336.1902(1)(a), (1)(b)(i),
                                               Revisions to R 336.1622, R 336.1627 to
                                                                                                       season. An October 4, 1979 policy                     (iii), (iv), (vii) and (viii), (1)(c) to (g),
                                               R 336.1629, and R 336.1632 update
                                                                                                       memorandum titled ‘‘Clarification for                 (1)(i) to (n), (1)(s), (2)(b), (2)(e), (2)(g),
                                               references to federal test methods. These                                                                     (3)(a), (4)(a) to (f), (4)(l), (4)(m), (4)(o)
                                               revisions were submitted on August 1,                   Final SIP Actions on Asphalt
                                                                                                       Regulations’’ states that maximum                     and (p), (5), (8) and (9).
                                               2017.
                                                                                                       solvent contents in the range of 5 to 7               V. Incorporation by Reference
                                                  Michigan submitted a revised R
                                                                                                       percent are acceptable. This VOC
                                               336.1902 on February 7, 2017 as part of                                                                          In this rule, EPA is proposing to
                                                                                                       content limitation for asphalt usage
                                               a separate rulemaking action. Michigan                                                                        include in a final EPA rule regulatory
                                               subsequently replaced the February 7,                   during the warmer ozone months                        text that includes incorporation by
                                               2017 submittal with a November 8, 2017                  should result in lower VOC emissions                  reference. In accordance with
                                               supplemental submittal for its Part 9                   from the use of asphalt products. The                 requirements of 1 CFR 51.5, EPA
                                               rules in which it requested that only the               revised rule also added definitions for               proposes to incorporate by reference
                                               following sections of R 336.1902 be                     asphalts, emulsified asphalts, as well as             Michigan Administrative Code R
                                               included in its SIP. R 336.1902(1)(a),                  cutback asphalts, and specifies the test              336.1902(1)(a), R 336.1902(1)(b)(iii),
                                               (1)(b)(iii), (iv), (vii) and (viii), (1)(c) to          methods used to determine the VOC                     (iv), (vii) and (viii), R 336.1902(1)(c) to
                                               (e), (1)(g), (1)(i) to (n), (1)(s), (2)(b),             content of the asphalts. This rule is                 (g), R 336.1902(1)(i) to (n), R
                                               (2)(e), (2)(g), (4)(a) to (f), (4)(l), (4)(o) and       therefore approvable because it has an                336.1902(1)(s), R 336.1902(2)(b), R
                                               (p), (5), (8) and (9). In a February 6, 2018            even lower VOC content than what is                   336.1902(2)(e), R 336.1902(2)(g), R
                                               memo from Michigan to EPA, it clarified                 acceptable as RACT and is more                        336.1902(4)(a) to (f), R 336.1902(4)(l), R
                                               that R 336.1902(4)(p) is the correct                    enforceable than the existing SIP                     336.1902(4)(o) and (p), R 336.1902(5), R
                                               version of ASTM Method E169 for                         approved rule because it contains                     336.1902(8), and R 336.1902(9),
                                                                                                       specific test methods for determining
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                                               inclusion into the SIP; and R                                                                                 effective December 20, 2016, and
                                               336.1902(1)(b)(i), R 336.1902(3)(a) AND                 the percent VOC from both emulsified                  Michigan Administrative Code R
                                               R 336.1902(4)(m) should be included in                  and cutback asphalt and the rule also                 336.1611, R 336.1612, R 336.1613, R
                                               the Part 9 SIP revisions submitted in                   requires that records be maintained of                336.1614, R 336.1618, R 336.1619, R
                                               February and November 2017. In a                        the manufacture, mixing, storage, use or              336.1622, R 336.1625, R 336.1627, R
                                               February 26, 2018 memo from Michigan                    application of any cutback or emulsified              336.1628, R 336.1629, R 336.1632, R
                                               to EPA it clarified that R 336.1902(1)(f)               asphalt, including the VOC content of                 336.1651, R 336.1660, and R 336.1661,
                                               should also be included in the SIP.                     these asphalts.                                       effective March 29, 2017. EPA has


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                                               13712                     Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Proposed Rules

                                               made, and will continue to make, these                  practicable and legally permissible                   the CAA requires the state to make a
                                               documents generally available through                   methods, under Executive Order 12898                  new SIP submission establishing that
                                               www.regulations.gov and at the EPA                      (59 FR 7629, February 16, 1994).                      the existing SIP meets the various
                                               Region 5 Office (please contact the                        In addition, the SIP is not approved               applicable requirements, or revising the
                                               person identified in the FOR FURTHER                    to apply on any Indian reservation land               SIP to meet those requirements. This
                                               INFORMATION CONTACT section of this                     or in any other area where EPA or an                  type of SIP submission is commonly
                                               preamble for more information).                         Indian tribe has demonstrated that a                  referred to as an ‘‘infrastructure’’ SIP. In
                                                                                                       tribe has jurisdiction. In those areas of             this proposed action, EPA is proposing
                                               VI. Statutory and Executive Order                       Indian country, the rule does not have                to approve the June 23, 2017, and
                                               Reviews                                                 tribal implications and will not impose               February 2, 2018 submissions with
                                                  Under the Clean Air Act (CAA), the                   substantial direct costs on tribal                    respect to the CAA requirements
                                               Administrator is required to approve a                  governments or preempt tribal law as                  applicable to state boards; and the
                                               SIP submission that complies with the                   specified by Executive Order 13175 (65                related state board infrastructure SIP
                                               provisions of the CAA and applicable                    FR 67249, November 9, 2000).                          requirements for the 2008 8-hour Ozone,
                                               Federal regulations. 42 U.S.C. 7410(k);                                                                       2008 Lead, 2010 NO2, 2010 SO2 and
                                                                                                       List of Subjects in 40 CFR Part 52
                                               40 CFR 52.02(a). Thus, in reviewing SIP                                                                       1997, 2006 and 2012 PM2.5, NAAQS. If
                                               submissions, EPA’s role is to approve                     Environmental protection, Air                       this proposed approval action is
                                               state choices, provided that they meet                  pollution control, Incorporation by                   finalized, EPA will no longer be
                                               the criteria of the CAA. Accordingly,                   reference, Intergovernmental relations,               required to promulgate a Federal
                                               this action merely approves state law as                Volatile organic compounds, and                       Implementation Plan (FIP) to address
                                               meeting Federal requirements and does                   Ozone.                                                the CAA state board requirements for
                                               not impose additional requirements                        Dated: March 20, 2018.                              Mississippi, as described in more detail
                                               beyond those imposed by state law. For                  Edward H. Chu,                                        below.
                                               that reason, this action:                               Acting Regional Administrator, Region 5.              DATES: Written comments must be
                                                  • Is not a significant regulatory action             [FR Doc. 2018–06543 Filed 3–29–18; 8:45 am]           received on or before April 30, 2018.
                                               subject to review by the Office of
                                                                                                       BILLING CODE 6560–50–P
                                               Management and Budget under                                                                                   ADDRESSES: Submit your comments,
                                               Executive Orders 12866 (58 FR 51735,                                                                          identified by Docket ID No. EPA–R04–
                                               October 4, 1993) and 13563 (76 FR 3821,                                                                       OAR–2017–0546 at http://
                                                                                                       ENVIRONMENTAL PROTECTION
                                               January 21, 2011);                                                                                            www.regulations.gov. Follow the online
                                                                                                       AGENCY
                                                  • Is not an Executive Order 13771 (82                                                                      instructions for submitting comments.
                                               FR 9339, February 2, 2017) regulatory                   40 CFR Part 52                                        Once submitted, comments cannot be
                                               action because SIP approvals are                                                                              edited or removed from Regulations.gov.
                                                                                                       [EPA–R04–OAR–2017–0546; FRL–9976–                     EPA may publish any comment received
                                               exempted under Executive Order 12866;
                                                                                                       16—Region 4]
                                                  • Does not impose an information                                                                           to its public docket. Do not submit
                                               collection burden under the provisions                  Air Plan Approval; MS; Section 128                    electronically any information you
                                               of the Paperwork Reduction Act (44                      Board Requirements for Infrastructure                 consider to be Confidential Business
                                               U.S.C. 3501 et seq.);                                   SIPs                                                  Information (CBI) or other information
                                                  • Is certified as not having a                                                                             whose disclosure is restricted by statute.
                                               significant economic impact on a                        AGENCY:  Environmental Protection                     Multimedia submissions (audio, video,
                                               substantial number of small entities                    Agency.                                               etc.) must be accompanied by a written
                                               under the Regulatory Flexibility Act (5                 ACTION: Proposed rule.                                comment. The written comment is
                                               U.S.C. 601 et seq.);                                                                                          considered the official comment and
                                                  • Does not contain any unfunded                      SUMMARY:   The Environmental Protection               should include discussion of all points
                                               mandate or significantly or uniquely                    Agency (EPA) is proposing to approve                  you wish to make. EPA will generally
                                               affect small governments, as described                  the draft State Implementation Plan                   not consider comments or comment
                                               in the Unfunded Mandates Reform Act                     (SIP) submissions, submitted by the                   contents located outside of the primary
                                               of 1995 (Pub. L. 104–4);                                State of Mississippi, through the                     submission (i.e. on the web, cloud, or
                                                  • Does not have Federalism                           Mississippi Department of                             other file sharing system). For
                                               implications as specified in Executive                  Environmental Quality (MDEQ) for                      additional submission methods, the full
                                               Order 13132 (64 FR 43255, August 10,                    parallel processing, on June 23, 2017,                EPA public comment policy,
                                               1999);                                                  and February 2, 2018. Together these                  information about CBI or multimedia
                                                  • Is not an economically significant                 draft submittals address specific Clean               submissions, and general guidance on
                                               regulatory action based on health or                    Air Act (CAA or Act) requirements                     making effective comments, please visit
                                               safety risks subject to Executive Order                 applicable to Mississippi state boards or             http://www2.epa.gov/dockets/
                                               13045 (62 FR 19885, April 23, 1997);                    bodies that approve CAA permits and                   commenting-epa-dockets.
                                                  • Is not a significant regulatory action             enforcement orders. These submissions
                                                                                                       also request that EPA convert the                     FOR FURTHER INFORMATION CONTACT:
                                               subject to Executive Order 13211 (66 FR
                                               28355, May 22, 2001);                                   previous partial disapproval of                       Nacosta C. Ward, Air Regulatory
                                                  • Is not subject to requirements of                  Mississippi’s infrastructure SIPs related             Management Section, Air Planning and
                                               section 12(d) of the National                           to the CAA state board significant                    Implementation Branch, Air, Pesticides
                                                                                                                                                             and Toxics Management Division, U.S.
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                                               Technology Transfer and Advancement                     portion of income requirements for the
                                               Act of 1995 (15 U.S.C. 272 note) because                2008 8-hour Ozone, 2008 Lead, 2010                    Environmental Protection Agency,
                                               application of those requirements would                 Nitrogen Dioxide (NO2), 2010 Sulfur                   Region 4, 61 Forsyth Street SW, Atlanta,
                                               be inconsistent with the CAA; and                       Dioxide (SO2), and 1997, 2006 and 2012                Georgia 30303–8960. The telephone
                                                  • Does not provide EPA with the                      fine particulate matter (PM2.5) national              number is (404) 562–9140. Ms. Ward
                                               discretionary authority to address, as                  ambient air quality standards (NAAQS)                 can be reached via electronic mail at
                                               appropriate, disproportionate human                     to full approvals. Whenever EPA                       ward.nacosta@epa.gov.
                                               health or environmental effects, using                  promulgates a new or revised NAAQS,                   SUPPLEMENTARY INFORMATION:



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Document Created: 2018-11-01 08:58:29
Document Modified: 2018-11-01 08:58:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before April 30, 2018.
ContactSteven Rosenthal, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6052, [email protected]
FR Citation83 FR 13710 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Volatile Organic Compounds and Ozone

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