83_FR_19583 83 FR 19497 - Air Plan Approval; Michigan; Revisions to Part 9 Miscellaneous Rules

83 FR 19497 - Air Plan Approval; Michigan; Revisions to Part 9 Miscellaneous Rules

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 86 (May 3, 2018)

Page Range19497-19499
FR Document2018-09414

The Environmental Protection Agency (EPA) is proposing to approve a request submitted by the Michigan Department of Environmental Quality (MDEQ) on February 2, 2017, and supplemented on November 8, 2017, to revise the Michigan state implementation plan (SIP) for carbon monoxide (CO). The revision incorporates changes to Michigan's Air Pollution Control Rules entitled ``Emissions Limitations and Prohibitions--Miscellaneous.'' The revision updates existing source- specific rule requirements for ferrous cupola operations by removing obsolete rule language and makes a minor change to correct the citation to a Federal test method. The revision continues to result in attainment of the CO national ambient air quality standard (NAAQS).

Federal Register, Volume 83 Issue 86 (Thursday, May 3, 2018)
[Federal Register Volume 83, Number 86 (Thursday, May 3, 2018)]
[Proposed Rules]
[Pages 19497-19499]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09414]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0100; FRL-9977-53-Region 5]


Air Plan Approval; Michigan; Revisions to Part 9 Miscellaneous 
Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a request submitted by the Michigan Department of Environmental 
Quality (MDEQ) on February 2, 2017, and supplemented on November 8, 
2017, to revise the Michigan state implementation plan (SIP) for carbon 
monoxide (CO). The revision incorporates changes to Michigan's Air 
Pollution Control Rules entitled ``Emissions Limitations and 
Prohibitions--Miscellaneous.'' The revision updates existing source-
specific rule requirements for ferrous cupola operations by removing 
obsolete rule language and makes a minor change to correct the citation 
to a Federal test method. The revision continues to result in 
attainment of the CO national ambient air quality standard (NAAQS).

DATES: Comments must be received on or before June 4, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2017-0100 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) 886-3031, [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 are the State rule revisions?
II. Did the State hold public hearings for the submittal?
III. What is EPA's analysis of the State's submittal?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What are the State rule revisions?

    On February 2, 2017, MDEQ submitted a request to incorporate 
revisions to Michigan's Air Pollution Control Rules in Chapter 336, 
Part 9--Emissions Limitations and Prohibitions--Miscellaneous (Part 9) 
in the Michigan SIP. Michigan's submittal included revisions to three 
separate rules in Part 9: R 336.1902--``Adoption of standards by 
reference'' (rule 902); R 336.1916--``Affirmative defense for excess 
emissions during start-up or shutdown'' (rule 916); and R 336.1930--
``Emission of carbon monoxide from ferrous cupola operations'' (rule 
930). This rule will only take action on rule 930, while the revisions 
to rule 902 and 916 will be addressed separately.
    Michigan's rule 930 specifies CO emission limits for large ferrous 
cupola operations with a melting capacity of 20 tons or more per hour. 
The version of rule 930 currently approved into the Michigan SIP only 
applies to ferrous cupola operations in Saginaw, Macomb, Oakland, and 
Wayne Counties in Michigan.\1\ The rule is designed to require 
installation of afterburner control system, or equivalent, which 
reduces the CO emissions from the ferrous cupola by 90 percent.
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    \1\ EPA approved rule 930 on May 6, 1980 (45 FR 29790).

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[[Page 19498]]

    MDEQ revised rule 930 to clarify rule requirements and 
applicability. MDEQ removed the compliance date of December 31, 1982, 
and replaced it with a general compliance requirement because the 
compliance date has passed. MDEQ also removed language outlining the 
details of a compliance plan, instead requiring immediate compliance. 
MDEQ removed the applicability of rule 930 in Saginaw, Macomb and 
Oakland Counties where ferrous cupola operations no longer exist. Wayne 
County is the only remaining area subject to rule 930.
    Finally, MDEQ corrected the citation to the Federal test method 
used to determine CO emission rates for rule compliance. The change to 
rule 930 clarifies that 40 CFR part 60, appendix A, reference test 
method 10 must be used to determine CO emission rates for rule 
compliance, and clarifies that this test method is adopted by reference 
in rule 902.

II. Did the State hold public hearings for the submittal?

    A public hearing on the Part 9 (specifically rule 930) rule 
revisions was held on May 2, 2016, and no comments were received.

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

    The removal of the compliance plan requirement from rule 930 and 
the replacement of the December 21, 1982, compliance date with a 
general compliance requirement is acceptable because the revised 
language requires immediate compliance.
    The removal of Saginaw, Macomb, and Oakland Counties from the list 
of areas subject to rule 930 is also acceptable because there are no 
ferrous cupola sources located in these counties. As part of MDEQ's 
reassessment of rule 930 in 2013, MDEQ conducted a search of the 
Michigan Air Emissions Reporting System and found that there are no 
ferrous cupola sources in the Saginaw, Macomb, Oakland, or Wayne 
Counties. Thus, MDEQ chose to revise the areas subject to rule 930 
listed in table 91 by removing Saginaw, Macomb, and Oakland Counties.
    Last, the administrative changes to rule 930 that correct the 
citation to the Federal test method is acceptable because the revised 
language clarifies that 40 CFR part 60, appendix A, reference test 
method 10 must be used to determine CO emission rates for rule 
compliance and its adoption by reference in rule 902. EPA is taking 
action to approve the revisions to rule 902 in a separate rulemaking.

Section 110(l) Analysis of the State's Submittal

    EPA is proposing to approve the revisions to rule 930 discussed 
above because the revisions meet all applicable requirements under the 
Clean Air Act (CAA), consistent with section 110(k)(3) of the CAA. 
Furthermore, MDEQ has shown that the revisions to Part 9 do not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress or any other applicable CAA requirement, 
consistent with section 110(l) of the CAA.
    Under Section 110(l) of the CAA, EPA shall not approve a SIP 
revision if it would interfere with any applicable requirement 
concerning attainment and reasonable further progress (as defined in 
section 171 of the CAA) or any other applicable requirement of the CAA. 
The proposed SIP revision would not interfere with any applicable CAA 
requirements based on technical analysis submitted by MDEQ. MDEQ has 
shown that the impact of revising rule 930 continues to result in 
attainment of the CO NAAQS. Replacing the obsolete compliance date and 
compliance plan with a general compliance requirement results in 
requiring immediate compliance, which is not a relaxation to the SIP. 
Removing the applicability to areas of the state that no longer contain 
ferrous cupola sources will have no effect on any emissions and will 
not interfere with the attainment or maintenance of the CO NAAQS, or 
any other applicable requirements of the CAA, including the attainment 
or maintenance of the nitrogen dioxide, lead, particulate matter, or 
sulfur dioxide NAAQS.
    In addition, any new ferrous cupola operations subject to rule 930 
that may be sited in Michigan would have to meet the EPA- approved New 
Source Review permitting requirements (R 336.1201 to R 336.1209), which 
would ensure that the CO NAAQS would not be exceeded in Saginaw, 
Macomb, or Oakland Counties, regardless of their exclusion from rule 
930.

IV. What action is EPA taking?

    EPA is proposing to approve the revision to Michigan's Part 9 Rule 
submitted by MDEQ on February 2, 2017, and supplemented on November 8, 
2017, as a revision to the Michigan SIP. Specifically, we are proposing 
to approve the revision that updates the applicability of rule 930 to: 
(1) Remove an obsolete compliance date and requires immediate 
compliance, (2) remove the areas of the state that no longer contain 
ferrous cupola sources subject to the rule, and (3) correct the 
citation to a Federal test method to determine CO emission rates for 
rule compliance. The revision to this rule will not increase emissions 
of CO to the atmosphere because no CO emission limits are revised.
    Michigan's Part 9 rule also included revisions to rule 902 and rule 
916. EPA is taking action to approve the revisions to rule 902 in a 
separate rulemaking. EPA will also address the revisions to rule 916 
separately.

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 336.1930 Emission of carbon 
monoxide from ferrous cupola operations, effective December 20, 2016. 
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).

VI. Statutory and Executive Order Reviews.

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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.);

[[Page 19499]]

     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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Volatile 
organic compounds and Ozone.

    Dated: April 25, 2018.
Edward H. Chu,
Acting Regional Administrator, Region 5.
[FR Doc. 2018-09414 Filed 5-2-18; 8:45 am]
BILLING CODE 6560-50-P



                                                                            Federal Register / Vol. 83, No. 86 / Thursday, May 3, 2018 / Proposed Rules                                                 19497

                                                     • Is not a ‘‘significant regulatory                    Dated: April 18, 2018.                              on the web, cloud, or other file sharing
                                                  action’’ subject to review by the Office                Alexis Strauss,                                       system). For additional submission
                                                  of Management and Budget under                          Acting Regional Administrator, Region IX.             methods, please contact the person
                                                  Executive Orders 12866 (58 FR 51735,                    [FR Doc. 2018–09213 Filed 5–2–18; 8:45 am]            identified in the FOR FURTHER
                                                  October 4, 1993) and 13563 (76 FR 3821,                 BILLING CODE 6560–50–P                                INFORMATION CONTACT section. For the
                                                  January 21, 2011);                                                                                            full EPA public comment policy,
                                                     • Is not an Executive Order 13771 (82                                                                      information about CBI or multimedia
                                                  FR 9339, February 2, 2017) regulatory                   ENVIRONMENTAL PROTECTION                              submissions, and general guidance on
                                                  action because SIP approvals are                        AGENCY                                                making effective comments, please visit
                                                  exempted under Executive Order 12866;                                                                         http://www2.epa.gov/dockets/
                                                     • Does not impose an information                     40 CFR Part 52                                        commenting-epa-dockets.
                                                  collection burden under the provisions
                                                                                                          [EPA–R05–OAR–2017–0100; FRL–9977–53–                  FOR FURTHER INFORMATION CONTACT:
                                                  of the Paperwork Reduction Act (44                      Region 5]                                             Charles Hatten, Environmental
                                                  U.S.C. 3501 et seq.);
                                                     • Is certified as not having a                                                                             Engineer, Control Strategies Section, Air
                                                                                                          Air Plan Approval; Michigan; Revisions                Programs Branch (AR–18J),
                                                  significant economic impact on a                        to Part 9 Miscellaneous Rules
                                                  substantial number of small entities                                                                          Environmental Protection Agency,
                                                  under the Regulatory Flexibility Act (5                 AGENCY:  Environmental Protection                     Region 5, 77 West Jackson Boulevard,
                                                  U.S.C. 601 et seq.);                                    Agency (EPA).                                         Chicago, Illinois 60604, (312) 886–3031,
                                                     • Does not contain any unfunded                      ACTION: Proposed rule.                                hatten.charles@epa.gov.
                                                  mandate or significantly or uniquely                                                                          SUPPLEMENTARY INFORMATION:
                                                  affect small governments, as described                  SUMMARY:   The Environmental Protection               Throughout this document whenever
                                                  in the Unfunded Mandates Reform Act                     Agency (EPA) is proposing to approve a                ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                  of 1995 (Pub. L. 104–4);                                request submitted by the Michigan                     EPA. This supplementary information
                                                     • Does not have Federalism                           Department of Environmental Quality
                                                                                                                                                                section is arranged as follows:
                                                  implications as specified in Executive                  (MDEQ) on February 2, 2017, and
                                                                                                          supplemented on November 8, 2017, to                  I. What are the State rule revisions?
                                                  Order 13132 (64 FR 43255, August 10,                                                                          II. Did the State hold public hearings for the
                                                  1999);                                                  revise the Michigan state
                                                                                                                                                                     submittal?
                                                     • Is not an economically significant                 implementation plan (SIP) for carbon
                                                                                                                                                                III. What is EPA’s analysis of the State’s
                                                  regulatory action based on health or                    monoxide (CO). The revision                                submittal?
                                                  safety risks subject to Executive Order                 incorporates changes to Michigan’s Air                IV. What action is EPA taking?
                                                  13045 (62 FR 19885, April 23, 1997);                    Pollution Control Rules entitled                      V. Incorporation by Reference
                                                     • Is not a significant regulatory action             ‘‘Emissions Limitations and                           VI. Statutory and Executive Order Reviews
                                                  subject to Executive Order 13211 (66 FR                 Prohibitions—Miscellaneous.’’ The
                                                                                                          revision updates existing source-specific             I. What are the State rule revisions?
                                                  28355, May 22, 2001);
                                                     • Is not subject to requirements of                  rule requirements for ferrous cupola                     On February 2, 2017, MDEQ
                                                  Section 12(d) of the National                           operations by removing obsolete rule                  submitted a request to incorporate
                                                  Technology Transfer and Advancement                     language and makes a minor change to                  revisions to Michigan’s Air Pollution
                                                  Act of 1995 (15 U.S.C. 272 note) because                correct the citation to a Federal test                Control Rules in Chapter 336, Part 9—
                                                  application of those requirements would                 method. The revision continues to result              Emissions Limitations and
                                                  be inconsistent with the Clean Air Act;                 in attainment of the CO national                      Prohibitions—Miscellaneous (Part 9) in
                                                  and                                                     ambient air quality standard (NAAQS).                 the Michigan SIP. Michigan’s submittal
                                                     • Does not provide the EPA with the                  DATES: Comments must be received on                   included revisions to three separate
                                                  discretionary authority to address                      or before June 4, 2018.                               rules in Part 9: R 336.1902—‘‘Adoption
                                                  disproportionate human health or                        ADDRESSES: Submit your comments,                      of standards by reference’’ (rule 902); R
                                                  environmental effects with practical,                   identified by Docket ID No. EPA–R05–                  336.1916—‘‘Affirmative defense for
                                                  appropriate, and legally permissible                    OAR–2017–0100 at http://                              excess emissions during start-up or
                                                  methods under Executive Order 12898                     www.regulations.gov or via email to                   shutdown’’ (rule 916); and R 336.1930—
                                                  (59 FR 7629, February 16, 1994).                        blakley.pamela@epa.gov. For comments                  ‘‘Emission of carbon monoxide from
                                                     In addition, the SIP is not approved                 submitted at Regulations.gov, follow the              ferrous cupola operations’’ (rule 930).
                                                  to apply on any Indian reservation land                 online instructions for submitting                    This rule will only take action on rule
                                                  or in any other area where the EPA or                   comments. Once submitted, comments                    930, while the revisions to rule 902 and
                                                  an Indian tribe has demonstrated that a                 cannot be edited or removed from                      916 will be addressed separately.
                                                  tribe has jurisdiction. In those areas of               Regulations.gov. For either manner of                    Michigan’s rule 930 specifies CO
                                                  Indian country, the rule does not have                  submission, EPA may publish any                       emission limits for large ferrous cupola
                                                  tribal implications and will not impose                 comment received to its public docket.                operations with a melting capacity of 20
                                                  substantial direct costs on tribal                      Do not submit electronically any                      tons or more per hour. The version of
                                                  governments or preempt tribal law as                    information you consider to be                        rule 930 currently approved into the
                                                  specified by Executive Order 13175 (65                  Confidential Business Information (CBI)               Michigan SIP only applies to ferrous
                                                  FR 67249, November 9, 2000).                            or other information whose disclosure is              cupola operations in Saginaw, Macomb,
                                                                                                          restricted by statute. Multimedia                     Oakland, and Wayne Counties in
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                                                  List of Subjects in 40 CFR Part 52
                                                                                                          submissions (audio, video, etc.) must be              Michigan.1 The rule is designed to
                                                    Environmental protection, Air                         accompanied by a written comment.                     require installation of afterburner
                                                  pollution control, Incorporation by                     The written comment is considered the                 control system, or equivalent, which
                                                  reference Intergovernmental relations,                  official comment and should include                   reduces the CO emissions from the
                                                  Ozone, Particulate matter, Reporting                    discussion of all points you wish to                  ferrous cupola by 90 percent.
                                                  and recordkeeping requirements,                         make. EPA will generally not consider
                                                  Volatile organic compounds.                             comments or comment contents located                    1 EPA approved rule 930 on May 6, 1980 (45 FR

                                                     Authority: 42 U.S.C. 7401 et seq.                    outside of the primary submission (i.e.               29790).



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                                                  19498                     Federal Register / Vol. 83, No. 86 / Thursday, May 3, 2018 / Proposed Rules

                                                    MDEQ revised rule 930 to clarify rule                 Section 110(l) Analysis of the State’s                subject to the rule, and (3) correct the
                                                  requirements and applicability. MDEQ                    Submittal                                             citation to a Federal test method to
                                                  removed the compliance date of                             EPA is proposing to approve the                    determine CO emission rates for rule
                                                  December 31, 1982, and replaced it with                 revisions to rule 930 discussed above                 compliance. The revision to this rule
                                                  a general compliance requirement                        because the revisions meet all                        will not increase emissions of CO to the
                                                  because the compliance date has passed.                 applicable requirements under the                     atmosphere because no CO emission
                                                  MDEQ also removed language outlining                    Clean Air Act (CAA), consistent with                  limits are revised.
                                                  the details of a compliance plan, instead               section 110(k)(3) of the CAA.                            Michigan’s Part 9 rule also included
                                                  requiring immediate compliance. MDEQ                    Furthermore, MDEQ has shown that the                  revisions to rule 902 and rule 916. EPA
                                                  removed the applicability of rule 930 in                revisions to Part 9 do not interfere with             is taking action to approve the revisions
                                                  Saginaw, Macomb and Oakland                             any applicable requirement concerning                 to rule 902 in a separate rulemaking.
                                                  Counties where ferrous cupola                           attainment and reasonable further                     EPA will also address the revisions to
                                                  operations no longer exist. Wayne                       progress or any other applicable CAA                  rule 916 separately.
                                                  County is the only remaining area                       requirement, consistent with section                  V. Incorporation by Reference.
                                                  subject to rule 930.                                    110(l) of the CAA.
                                                    Finally, MDEQ corrected the citation                     Under Section 110(l) of the CAA, EPA                  In this rule, EPA is proposing to
                                                  to the Federal test method used to                      shall not approve a SIP revision if it                include in a final EPA rule regulatory
                                                  determine CO emission rates for rule                    would interfere with any applicable                   text that includes incorporation by
                                                  compliance. The change to rule 930                      requirement concerning attainment and                 reference. In accordance with
                                                  clarifies that 40 CFR part 60, appendix                 reasonable further progress (as defined               requirements of 1 CFR 51.5, EPA
                                                  A, reference test method 10 must be                     in section 171 of the CAA) or any other               proposes to incorporate by reference
                                                  used to determine CO emission rates for                 applicable requirement of the CAA. The                Michigan Administrative Code R
                                                  rule compliance, and clarifies that this                proposed SIP revision would not                       336.1930 Emission of carbon monoxide
                                                  test method is adopted by reference in                  interfere with any applicable CAA                     from ferrous cupola operations, effective
                                                  rule 902.                                               requirements based on technical                       December 20, 2016. EPA has made, and
                                                                                                          analysis submitted by MDEQ. MDEQ                      will continue to make, these documents
                                                  II. Did the State hold public hearings                                                                        generally available through
                                                  for the submittal?                                      has shown that the impact of revising
                                                                                                          rule 930 continues to result in                       www.regulations.gov and at the EPA
                                                    A public hearing on the Part 9                        attainment of the CO NAAQS. Replacing                 Region 5 Office (please contact the
                                                  (specifically rule 930) rule revisions was              the obsolete compliance date and                      person identified in the ‘‘For Further
                                                  held on May 2, 2016, and no comments                    compliance plan with a general                        Information Contact’’ section of this
                                                  were received.                                          compliance requirement results in                     preamble for more information).
                                                  III. What is EPA’s analysis of the State’s              requiring immediate compliance, which                 VI. Statutory and Executive Order
                                                  Submittal?                                              is not a relaxation to the SIP. Removing              Reviews.
                                                                                                          the applicability to areas of the state that
                                                    The removal of the compliance plan                    no longer contain ferrous cupola sources                Under the CAA, the Administrator is
                                                  requirement from rule 930 and the                       will have no effect on any emissions                  required to approve a SIP submission
                                                  replacement of the December 21, 1982,                   and will not interfere with the                       that complies with the provisions of the
                                                  compliance date with a general                          attainment or maintenance of the CO                   CAA and applicable Federal regulations.
                                                  compliance requirement is acceptable                    NAAQS, or any other applicable                        42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                  because the revised language requires                   requirements of the CAA, including the                Thus, in reviewing SIP submissions,
                                                  immediate compliance.                                   attainment or maintenance of the                      EPA’s role is to approve state choices,
                                                    The removal of Saginaw, Macomb,                       nitrogen dioxide, lead, particulate                   provided that they meet the criteria of
                                                  and Oakland Counties from the list of                   matter, or sulfur dioxide NAAQS.                      the CAA. Accordingly, this action
                                                  areas subject to rule 930 is also                          In addition, any new ferrous cupola                merely approves state law as meeting
                                                  acceptable because there are no ferrous                 operations subject to rule 930 that may               Federal requirements and does not
                                                  cupola sources located in these                         be sited in Michigan would have to                    impose additional requirements beyond
                                                  counties. As part of MDEQ’s                             meet the EPA- approved New Source                     those imposed by state law. For that
                                                  reassessment of rule 930 in 2013, MDEQ                  Review permitting requirements (R                     reason, this action:
                                                  conducted a search of the Michigan Air                  336.1201 to R 336.1209), which would                    • Is not a significant regulatory action
                                                  Emissions Reporting System and found                    ensure that the CO NAAQS would not                    subject to review by the Office of
                                                  that there are no ferrous cupola sources                be exceeded in Saginaw, Macomb, or                    Management and Budget under
                                                  in the Saginaw, Macomb, Oakland, or                     Oakland Counties, regardless of their                 Executive Orders 12866 (58 FR 51735,
                                                  Wayne Counties. Thus, MDEQ chose to                     exclusion from rule 930.                              October 4, 1993) and 13563 (76 FR 3821,
                                                  revise the areas subject to rule 930 listed                                                                   January 21, 2011);
                                                  in table 91 by removing Saginaw,                        IV. What action is EPA taking?                          • Is not an Executive Order 13771 (82
                                                  Macomb, and Oakland Counties.                              EPA is proposing to approve the                    FR 9339, February 2, 2017) regulatory
                                                    Last, the administrative changes to                   revision to Michigan’s Part 9 Rule                    action because SIP approvals are
                                                  rule 930 that correct the citation to the               submitted by MDEQ on February 2,                      exempted under Executive Order 12866;
                                                  Federal test method is acceptable                       2017, and supplemented on November                      • Does not impose an information
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                                                  because the revised language clarifies                  8, 2017, as a revision to the Michigan                collection burden under the provisions
                                                  that 40 CFR part 60, appendix A,                        SIP. Specifically, we are proposing to                of the Paperwork Reduction Act (44
                                                  reference test method 10 must be used                   approve the revision that updates the                 U.S.C. 3501 et seq.);
                                                  to determine CO emission rates for rule                 applicability of rule 930 to: (1) Remove                • Is certified as not having a
                                                  compliance and its adoption by                          an obsolete compliance date and                       significant economic impact on a
                                                  reference in rule 902. EPA is taking                    requires immediate compliance, (2)                    substantial number of small entities
                                                  action to approve the revisions to rule                 remove the areas of the state that no                 under the Regulatory Flexibility Act (5
                                                  902 in a separate rulemaking.                           longer contain ferrous cupola sources                 U.S.C. 601 et seq.);


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                                                                            Federal Register / Vol. 83, No. 86 / Thursday, May 3, 2018 / Proposed Rules                                             19499

                                                     • Does not contain any unfunded                      ACTION:   Proposed rule.                              information about CBI or multimedia
                                                  mandate or significantly or uniquely                                                                          submissions, and general guidance on
                                                  affect small governments, as described                  SUMMARY:    The Environmental Protection              making effective comments, please visit
                                                  in the Unfunded Mandates Reform Act                     Agency (EPA) is proposing amendments                  https://www.epa.gov/dockets/
                                                  of 1995 (Pub. L. 104–4);                                to the National Emission Standards for                commenting-epa-dockets. The EPA may
                                                     • Does not have Federalism                           Hazardous Air Pollutants (NESHAP) for                 publish any comment received to its
                                                  implications as specified in Executive                  the Friction Materials Manufacturing                  public docket. Multimedia submissions
                                                  Order 13132 (64 FR 43255, August 10,                    Facilities source category. The proposed              (audio, video, etc.) must be
                                                  1999);                                                  amendments address the results of the                 accompanied by a written comment.
                                                     • Is not an economically significant                 residual risk and technology reviews                  The written comment is considered the
                                                  regulatory action based on health or                    (RTRs) conducted as required under the                official comment and should include
                                                  safety risks subject to Executive Order                 Clean Air Act (CAA). The proposed                     discussion of all points you wish to
                                                  13045 (62 FR 19885, April 23, 1997);                    amendments also address the startup,                  make. The EPA will generally not
                                                     • Is not a significant regulatory action             shutdown, and malfunction (SSM)                       consider comments or comment
                                                  subject to Executive Order 13211 (66 FR                 provisions of the rule and update the                 contents located outside of the primary
                                                  28355, May 22, 2001);                                   reporting and recordkeeping                           submission (i.e., on the Web, cloud, or
                                                     • Is not subject to requirements of                  requirements.                                         other file sharing system). For
                                                  Section 12(d) of the National                                                                                 additional submission methods, the full
                                                                                                          DATES:  Comments. Comments must be
                                                  Technology Transfer and Advancement                                                                           EPA public comment policy,
                                                  Act of 1995 (15 U.S.C. 272 note) because                received on or before June 18, 2018.
                                                                                                          Under the Paperwork Reduction Act                     information about CBI or multimedia
                                                  application of those requirements would                                                                       submissions, and general guidance on
                                                  be inconsistent with the CAA; and                       (PRA), comments on the information
                                                                                                          collection provisions are best assured of             making effective comments, please visit
                                                     • Does not provide EPA with the                                                                            https://www2.epa.gov/dockets/
                                                  discretionary authority to address, as                  consideration if the Office of
                                                                                                          Management and Budget (OMB)                           commenting-epa-dockets.
                                                  appropriate, disproportionate human                                                                              Public Hearing. If a public hearing is
                                                  health or environmental effects, using                  receives a copy of your comments on or
                                                                                                          before June 4, 2018.                                  requested, it will be held at EPA’s
                                                  practicable and legally permissible                                                                           Headquarters, EPA WJC East Building,
                                                  methods, under Executive Order 12898                       Public Hearing. If a public hearing is
                                                                                                          requested by May 8, 2018, then we will                1201 Constitution Avenue NW,
                                                  (59 FR 7629, February 16, 1994).                                                                              Washington, DC 20004. If a public
                                                     In addition, the SIP is not approved                 hold a public hearing on May 18, 2018
                                                                                                          at the location described in the                      hearing is requested, then we will
                                                  to apply on any Indian reservation land                                                                       provide details about the public hearing
                                                  or in any other area where EPA or an                    ADDRESSES section. The last day to pre-
                                                                                                          register in advance to speak at the                   on our website at: https://www.epa.gov/
                                                  Indian tribe has demonstrated that a                                                                          stationary-sources-air-pollution/friction-
                                                  tribe has jurisdiction. In those areas of               public hearing will be May 16, 2018.
                                                                                                                                                                materials-manufacturing-facilities-
                                                  Indian country, the rule does not have                  ADDRESSES: Comments. Submit your                      national-emission. The EPA does not
                                                  tribal implications and will not impose                 comments, identified by Docket ID No.                 intend to publish another document in
                                                  substantial direct costs on tribal                      EPA–HQ–OAR–2017–0358, at http://                      the Federal Register announcing any
                                                  governments or preempt tribal law as                    www.regulations.gov. Follow the online                updates on the request for a public
                                                  specified by Executive Order 13175 (65                  instructions for submitting comments.                 hearing. Please contact Aimee St. Clair
                                                  FR 67249, November 9, 2000).                            Once submitted, comments cannot be                    at (919) 541–1063 or by email at
                                                  List of Subjects in 40 CFR Part 52                      edited or removed from Regulations.gov.               StClair.Aimee@epa.gov to request a
                                                                                                          Regulations.gov is our preferred method               public hearing, to register to speak at the
                                                    Environmental protection, Air                         of receiving comments. However, other                 public hearing, or to inquire as to
                                                  pollution control, Carbon monoxide,                     submission methods are accepted. To                   whether a public hearing will be held.
                                                  Incorporation by reference,                             ship or send mail via the United States                  The EPA will make every effort to
                                                  Intergovernmental relations, Volatile                   Postal Service, use the following                     accommodate all speakers who arrive
                                                  organic compounds and Ozone.                            address: U.S. Environmental Protection                and register. If a hearing is held at a U.S.
                                                    Dated: April 25, 2018.                                Agency, EPA Docket Center, Docket ID                  government facility, individuals
                                                  Edward H. Chu,                                          No. EPA–HQ–OAR–2017–0358, Mail                        planning to attend should be prepared
                                                  Acting Regional Administrator, Region 5.                Code 28221T, 1200 Pennsylvania                        to show a current, valid state- or federal-
                                                  [FR Doc. 2018–09414 Filed 5–2–18; 8:45 am]              Avenue NW, Washington, DC 20460.                      approved picture identification to the
                                                  BILLING CODE 6560–50–P
                                                                                                          Use the following Docket Center address               security staff in order to gain access to
                                                                                                          if you are using express mail,                        the meeting room. An expired form of
                                                                                                          commercial delivery, hand delivery, or                identification will not be permitted.
                                                  ENVIRONMENTAL PROTECTION                                courier: EPA Docket Center, EPA WJC                   Please note that the Real ID Act, passed
                                                  AGENCY                                                  West Building, Room 3334, 1301                        by Congress in 2005, established new
                                                                                                          Constitution Avenue NW, Washington,                   requirements for entering federal
                                                  40 CFR Part 63                                          DC 20004. Delivery verification                       facilities. If your driver’s license is
                                                  [EPA–HQ–OAR–2017–0358; FRL–9977–29–                     signatures will be available only during              issued by a noncompliant state, you
                                                  OAR]                                                    regular business hours.                               must present an additional form of
                                                                                                             Do not submit electronically any                   identification to enter a federal facility.
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  RIN 2060–AT66                                           information you consider to be                        Acceptable alternative forms of
                                                                                                          Confidential Business Information (CBI)               identification include: Federal
                                                  National Emission Standards for
                                                                                                          or other information whose disclosure is              employee badge, passports, enhanced
                                                  Hazardous Air Pollutants for Friction
                                                                                                          restricted by statute. See section I.C of             driver’s licenses, and military
                                                  Materials Manufacturing Facilities;
                                                                                                          this preamble for instructions on                     identification cards. Additional
                                                  Residual Risk and Technology Review
                                                                                                          submitting CBI.                                       information on the Real ID Act is
                                                  AGENCY: Environmental Protection                           For additional submission methods,                 available at https://www.dhs.gov/real-
                                                  Agency (EPA).                                           the full EPA public comment policy,                   id-frequently-asked-questions. In


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Document Created: 2018-05-02 23:48:27
Document Modified: 2018-05-02 23:48:27
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 June 4, 2018.
ContactCharles Hatten, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-3031, [email protected]
FR Citation83 FR 19497 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations and Volatile Organic Compounds and Ozone

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