83 FR 34050 - Air Plan Approval; Michigan; Revisions to Part 9 Miscellaneous Rules

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 139 (July 19, 2018)

Page Range		34050-34051
FR Document		2018-15339

The Environmental Protection Agency (EPA) is approving 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.

Federal Register, Volume 83 Issue 139 (Thursday, July 19, 2018)

[Federal Register Volume 83, Number 139 (Thursday, July 19, 2018)]
[Rules and Regulations]
[Pages 34050-34051]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15339]



[[Page 34050]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0100; FRL-9980-94--Region 5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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.

DATES: This final rule is effective on August 20, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2017-0100. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
through www.regulations.gov or at the Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding Federal holidays. We recommend 
that you telephone Charles Hatten, Environmental Engineer, at (312) 
886-6031 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6031, hatten.charles@epa.gov.

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. What action is EPA taking?
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. What are the State rule revisions?

    On February 2, 2017, and supplemented on November 8, 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 
submitted 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. The revisions to Rule 902 have already been 
approved into Michigan's SIP, and the revisions to Rule 916 will be 
addressed in a future action.
    Michigan's Rule 930 specifies CO emission limits for large ferrous 
cupola operations with a melting capacity of 20 tons or more per hour. 
Rule 930 currently approved into the Michigan SIP only applies to 
ferrous cupola operations in Saginaw, Macomb, Oakland, and Wayne 
Counties in Michigan. 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.
    On May 3, 2018 (83 FR 19497), EPA published a notice of proposed 
rulemaking (NPR) proposing approval of Michigan's Part 9 Rule submitted 
by MDEQ on February 2, 2017, and supplemented on November 8, 2017, as a 
revision into Michigan's SIP. Specifically, we proposed 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 specific 
details of Michigan's SIP revision and the rationale for EPA's approval 
are discussed in the NPR.
    EPA received no comments on the proposed action.

II. What action is EPA taking?

    EPA is approving Michigan's Part 9, specifically for Rule 930 
submitted by MDEQ on February 2, 2017, and supplemented on November 8, 
2017, as a revision to the Michigan SIP.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Michigan 
Regulations described in the amendments to 40 CFR part 52 set forth 
below. EPA has made, and will continue to make, these documents 
generally available through www.regulations.gov, and at the EPA Region 
5 Office (please contact the person identified in the For Further 
Information Contact section of this preamble for more information). 
Therefore, these materials have been approved by EPA for inclusion in 
the State implementation plan, have been incorporated by reference by 
EPA into that plan, are fully federally enforceable under sections 110 
and 113 of the CAA as of the effective date of the final rulemaking of 
EPA's approval, and will be incorporated by reference in the next 
update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
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 Clean Air Act. 
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

[[Page 34051]]

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 Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 17, 2018. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: July 9, 2018.
Cathy Stepp,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.


0
2. In Sec.  52.1170, the table in paragraph (c) is amended by revising 
the entry for ``R 339.1930'' under the heading ``Part 9. Emission 
Limitations and Prohibitions--Miscellaneous'' to read as follows:


Sec.  52.1170  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Michigan Regulations
----------------------------------------------------------------------------------------------------------------
                                                         State
    Michigan citation               Title           effective date      EPA approval date          Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                          Part 9. Emission Limitations and Prohibitions--Miscellaneous
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
R 339.1930..............  Emission of carbon            12/20/2016  7/19/2018, [insert
                           monoxide from ferrous                     Federal Register
                           cupola operations.                        citation].
 
                                                  * * * * * * *
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[FR Doc. 2018-15339 Filed 7-18-18; 8:45 am]
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34050 Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Rules and Regulations

ENVIRONMENTAL PROTECTION Region 5, 77 West Jackson Boulevard, EPA received no comments on the
AGENCY Chicago, Illinois 60604, (312) 886–6031, proposed action.
hatten.charles@epa.gov.
40 CFR Part 52 II. What action is EPA taking?
SUPPLEMENTARY INFORMATION:
[EPA–R05–OAR–2017–0100; FRL–9980– Throughout this document whenever EPA is approving Michigan’s Part 9,
94—Region 5] ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean specifically for Rule 930 submitted by
EPA. This supplementary information MDEQ on February 2, 2017, and
Air Plan Approval; Michigan; Revisions section is arranged as follows: supplemented on November 8, 2017, as
to Part 9 Miscellaneous Rules I. What are the State rule revisions? a revision to the Michigan SIP.
II. What action is EPA taking? III. Incorporation by Reference
AGENCY: Environmental Protection III. Incorporation by Reference
Agency (EPA). IV. Statutory and Executive Order Reviews In this rule, EPA is finalizing
ACTION: Final rule. regulatory text that includes
I. What are the State rule revisions?
incorporation by reference. In
SUMMARY: The Environmental Protection On February 2, 2017, and accordance with requirements of 1 CFR
Agency (EPA) is approving a request supplemented on November 8, 2017, 51.5, EPA is finalizing the incorporation
submitted by the Michigan Department MDEQ submitted a request to by reference of the Michigan
of Environmental Quality (MDEQ) on incorporate revisions to Michigan’s Air Regulations described in the
February 2, 2017, and supplemented on Pollution Control Rules in Chapter 336, amendments to 40 CFR part 52 set forth
November 8, 2017, to revise the Part 9—Emissions Limitations and below. EPA has made, and will continue
Michigan state implementation plan Prohibitions—Miscellaneous (Part 9) in to make, these documents generally
(SIP) for carbon monoxide (CO). The the Michigan SIP. Michigan submitted available through www.regulations.gov,
revision incorporates changes to revisions to three separate rules in Part and at the EPA Region 5 Office (please
Michigan’s Air Pollution Control Rules 9: R 336.1902—‘‘Adoption of standards contact the person identified in the FOR
entitled ‘‘Emissions Limitations and by reference’’ (Rule 902); R 336.1916— FURTHER INFORMATION CONTACT section of
Prohibitions—Miscellaneous.’’ The ‘‘Affirmative defense for excess this preamble for more information).
revision updates existing source-specific emissions during start-up or shutdown’’ Therefore, these materials have been
rule requirements for ferrous cupola (Rule 916); and R 336.1930—‘‘Emission approved by EPA for inclusion in the
operations by removing obsolete rule of carbon monoxide from ferrous cupola State implementation plan, have been
language and makes a minor change to operations’’ (Rule 930). This rule will incorporated by reference by EPA into
correct the citation to a Federal test only take action on Rule 930. The that plan, are fully federally enforceable
method. The revision continues to result revisions to Rule 902 have already been under sections 110 and 113 of the CAA
in attainment of the CO national approved into Michigan’s SIP, and the as of the effective date of the final
ambient air quality standard. revisions to Rule 916 will be addressed rulemaking of EPA’s approval, and will
DATES: This final rule is effective on in a future action. be incorporated by reference in the next
August 20, 2018. Michigan’s Rule 930 specifies CO update to the SIP compilation.1
emission limits for large ferrous cupola
ADDRESSES: EPA has established a
operations with a melting capacity of 20 IV. Statutory and Executive Order
docket for this action under Docket ID Reviews
tons or more per hour. Rule 930
No. EPA–R05–OAR–2017–0100. All
currently approved into the Michigan Under the Clean Air Act, the
documents in the docket are listed on
SIP only applies to ferrous cupola
the www.regulations.gov website. Administrator is required to approve a
operations in Saginaw, Macomb,
Although listed in the index, some SIP submission that complies with the
Oakland, and Wayne Counties in
information is not publicly available, provisions of the Clean Air Act and
Michigan. The rule is designed to
i.e., Confidential Business Information applicable Federal regulations. 42
require installation of afterburner
(CBI) or other information whose U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
control system, or equivalent, which
disclosure is restricted by statute. in reviewing SIP submissions, EPA’s
reduces the CO emissions from the
Certain other material, such as role is to approve state choices,
ferrous cupola by 90 percent.
copyrighted material, is not placed on On May 3, 2018 (83 FR 19497), EPA provided that they meet the criteria of
the internet and will be publicly published a notice of proposed the Clean Air Act. Accordingly, this
available only in hard copy form. rulemaking (NPR) proposing approval of action merely approves state law as
Publicly available docket materials are Michigan’s Part 9 Rule submitted by meeting Federal requirements and does
available either through MDEQ on February 2, 2017, and not impose additional requirements
www.regulations.gov or at the supplemented on November 8, 2017, as beyond those imposed by state law. For
Environmental Protection Agency, a revision into Michigan’s SIP. that reason, this action:
Region 5, Air and Radiation Division, 77 Specifically, we proposed to approve • Is not a significant regulatory action
West Jackson Boulevard, Chicago, the revision that updates the subject to review by the Office of
Illinois 60604. This facility is open from applicability of Rule 930 to: (1) Remove Management and Budget under
8:30 a.m. to 4:30 p.m., Monday through an obsolete compliance date and Executive Orders 12866 (58 FR 51735,
Friday, excluding Federal holidays. We requires immediate compliance, (2) October 4, 1993) and 13563 (76 FR 3821,
recommend that you telephone Charles remove the areas of the state that no January 21, 2011);
Hatten, Environmental Engineer, at longer contain ferrous cupola sources • Is not an Executive Order 13771 (82
sradovich on DSK3GMQ082PROD with RULES

(312) 886–6031 before visiting the subject to the rule, and (3) correct the FR 9339, February 2, 2017) regulatory
Region 5 office. citation to a Federal test method to action because SIP approvals are
FOR FURTHER INFORMATION CONTACT: determine CO emission rates for rule exempted under Executive Order 12866;
Charles Hatten, Environmental compliance. The specific details of • Does not impose an information
Engineer, Control Strategies Section, Air Michigan’s SIP revision and the collection burden under the provisions
Programs Branch (AR–18J), rationale for EPA’s approval are
Environmental Protection Agency, discussed in the NPR. 1 62 FR 27968 (May 22, 1997).

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Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Rules and Regulations 34051

of the Paperwork Reduction Act (44 or in any other area where EPA or an review nor does it extend the time
U.S.C. 3501 et seq.); Indian tribe has demonstrated that a within which a petition for judicial
• Is certified as not having a tribe has jurisdiction. In those areas of review may be filed, and shall not
significant economic impact on a Indian country, the rule does not have postpone the effectiveness of such rule
substantial number of small entities tribal implications and will not impose or action. This action may not be
under the Regulatory Flexibility Act (5 substantial direct costs on tribal challenged later in proceedings to
U.S.C. 601 et seq.); governments or preempt tribal law as enforce its requirements. (See section
• Does not contain any unfunded specified by Executive Order 13175 (65 307(b)(2).)
mandate or significantly or uniquely FR 67249, November 9, 2000).
affect small governments, as described List of Subjects in 40 CFR Part 52
The Congressional Review Act, 5
in the Unfunded Mandates Reform Act U.S.C. 801 et seq., as added by the Small Environmental protection, Air
of 1995 (Pub. L. 104–4); Business Regulatory Enforcement pollution control, Carbon monoxide,
• Does not have Federalism Fairness Act of 1996, generally provides Incorporation by reference,
implications as specified in Executive that before a rule may take effect, the Intergovernmental relations, Reporting
Order 13132 (64 FR 43255, August 10, agency promulgating the rule must and recordkeeping requirements.
1999); submit a rule report, which includes a
• Is not an economically significant Dated: July 9, 2018.
copy of the rule, to each House of the Cathy Stepp,
regulatory action based on health or
Congress and to the Comptroller General Regional Administrator, Region 5.
safety risks subject to Executive Order
of the United States. EPA will submit a
13045 (62 FR 19885, April 23, 1997); 40 CFR part 52 is amended as follows:
• Is not a significant regulatory action report containing this action and other
subject to Executive Order 13211 (66 FR required information to the U.S. Senate,
the U.S. House of Representatives, and PART 52—APPROVAL AND
28355, May 22, 2001); PROMULGATION OF
• Is not subject to requirements of the Comptroller General of the United
States prior to publication of the rule in IMPLEMENTATION PLANS
section 12(d) of the National
Technology Transfer and Advancement the Federal Register. A major rule
■ 1. The authority citation for part 52
Act of 1995 (15 U.S.C. 272 note) because cannot take effect until 60 days after it
continues to read as follows:
application of those requirements would is published in the Federal Register.
This action is not a ‘‘major rule’’ as Authority: 42 U.S.C. 7401 et seq.
be inconsistent with the Clean Air Act;
and defined by 5 U.S.C. 804(2). ■ 2. In § 52.1170, the table in paragraph
• Does not provide EPA with the Under section 307(b)(1) of the Clean (c) is amended by revising the entry for
discretionary authority to address, as Air Act, petitions for judicial review of ‘‘R 339.1930’’ under the heading ‘‘Part 9.
appropriate, disproportionate human this action must be filed in the United Emission Limitations and
health or environmental effects, using States Court of Appeals for the Prohibitions—Miscellaneous’’ to read as
practicable and legally permissible appropriate circuit by September 17, follows:
methods, under Executive Order 12898 2018. Filing a petition for
(59 FR 7629, February 16, 1994). reconsideration by the Administrator of § 52.1170 Identification of plan.
In addition, the SIP is not approved this final rule does not affect the finality * * * * *
to apply on any Indian reservation land of this action for the purposes of judicial (c) * * *

EPA-APPROVED MICHIGAN REGULATIONS
State effective
Michigan citation Title EPA approval date Comments
date

* * * * * * *

Part 9. Emission Limitations and Prohibitions—Miscellaneous

* * * * * * *
R 339.1930 ........ Emission of carbon monoxide from fer- 12/20/2016 7/19/2018, [insert Federal Register cita-
rous cupola operations. tion].

* * * * * * *

* * * * *
[FR Doc. 2018–15339 Filed 7–18–18; 8:45 am]
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Document Created: 2018-07-19 01:35:07
Document Modified: 2018-07-19 01:35:07

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective on August 20, 2018.
Contact		Charles Hatten, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6031, [email protected]
FR Citation		83 FR 34050
CFR Associated		Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations and Reporting and Recordkeeping Requirements