83 FR 64055 - Air Plan Approval; Michigan; Michigan Minor New Source Review
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 239 (December 13, 2018)
Federal Register Volume 83, Issue 239 (December 13, 2018)
| Page Range | 64055-64056 | |
| FR Document | 2018-26923 |
[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)] [Proposed Rules] [Pages 64055-64056] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26923] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2007-1092; FRL-9987-74-Region 5] Air Plan Approval; Michigan; Michigan Minor New Source Review AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve the rescission of Michigan rule 221 from the Michigan state implementation plan (SIP). Rule 221 exempted sources that had significant net emission increases of sulfur dioxide, particulate matter, and carbon monoxide from offset requirements. Michigan rescinded this rule effective November 14, 1990. DATES: Comments must be received on or before January 14, 2019. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05- OAR-2007-1092 at https://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Constantine Blathras, Environmental Engineer, Air Permits Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-0671, [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. Background Section 110(a)(2)(C) of the Clean Air Act requires that the SIP include a program to provide for the ``regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achieved.'' This includes a program for permitting construction and modification of both major and minor sources that the State deems necessary to protect air quality. The State of Michigan's minor source permit to install rules are contained in Part 2 (Air Use Approval) of the Michigan Administrative Code. Changes to the Part 2 rules were submitted on November 12, 1993; May 16, 1996; April 3, 1998; September 2, 2003; March 24, 2009; and February 28, 2017. EPA approved changes to the Part 2 rules most recently in a final approval dated August 31, 2018 (83 FR 44485). [[Page 64056]] Rule 336.1221 (Construction of sources of particulate matter, sulfur dioxide, or carbon monoxide in or near nonattainment areas; conditions for approval). EPA published a proposed disapproval of the 1993, 1996, and 1996 submittals on November 9, 1999 (64 FR 61046), but never published a final disapproval. As part of that proposed disapproval, EPA conducted an evaluation of the State submittal and found that as one of the items, the State failed to rescind Michigan rule 336.1221. In that action, EPA stated, ``Michigan rule 336.1221 impermissibly exempts sources that have significant net emissions increases of sulfur dioxide, particulate matter, and carbon monoxide from offset requirements. MDEQ rescinded Michigan rule 336.1221 effective November 14, 1990. However, the State never submitted the rule to USEPA for rescission. Because Michigan did not submit the rescission to the USEPA for removal of the rule from the SIP, the Michigan NSR rules are not approvable at this time.'' On September 24, 2003, the State of Michigan submitted a SIP revision to EPA requesting full approval of Michigan's Clean Air Act New Source Review SIP. As part of that submittal requesting revisions to Parts 1 (General Provisions) and 2, Michigan specifically requested to rescind rule 336.1221. As part of its technical support document, Michigan stated that rule 336.1221 was rescinded from the State rules in 1990, and requests that EPA remove it from the SIP. At the time of the 1999 proposed disapproval, the Part 2 rules also included the state's major nonattainment PTI permitting program. The major nonattainment provisions have been removed from Part 2, and are now covered by the Part 19 (New Source Review for Major Sources Impacting Nonattainment Areas) rules. The Part 19 rules were fully approved by EPA into the Michigan SIP on December 16, 2013, (78 FR 76064). The Federal nonattainment air quality permitting regulations are found in 40 CFR 51.165(a) and (b). The Federal rules found at 40 CFR 51.165(a) and (b) specify the elements necessary for approval of a State permit program for preconstruction review for nonattainment purposes under Part D of the Clean Air Act. A major source or major modification that would be located in an area designated as nonattainment and subject to the nonattainment area permitting rules must meet stringent conditions designed to ensure that the new source's emissions will be controlled to the greatest degree possible; that more than equivalent offsetting emission reductions will be obtained from existing sources; and that there will be progress toward achieving the National Ambient Air Quality Standards. EPA has found that the rules as submitted by Michigan for inclusion into its SIP are at least as stringent as the Federal rules. By rescinding rule 221 from the Michigan SIP, the Michigan SIP is meeting the Federal statutory requirements for an approvable Part 2 and Part 19 air permitting program. II. What action is EPA taking? EPA is proposing to approve the rescission of Michigan rule 336.1221 from the Michigan SIP. III. 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 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 (Public Law 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Particulate matter, Sulfur oxides. Dated: November 27, 2018. Cathy Stepp, Regional Administrator, Region 5. [FR Doc. 2018-26923 Filed 12-12-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Proposed Rules 64055
regulation on small entities, I certify the danger zone while the range is in follow the online instructions for
that this action will not have a use. Range activities shall be halted submitting comments. Once submitted,
significant impact on a substantial until all vessels are cleared from the comments cannot be edited or removed
number of small entities. danger zone. When the range is not in from Regulations.gov. For either manner
c. Review Under the National use, the danger zone shall be open to of submission, EPA may publish any
Environmental Policy Act. Due to the normal maritime traffic and all activities comment received to its public docket.
administrative nature of this action and to include anchoring and loitering. Do not submit electronically any
because there is no intended change in (2) When the range is in use, the information you consider to be
the use of the area, the Corps expects person(s) or officer(s) in charge shall Confidential Business Information (CBI)
that this regulation, if adopted, will not display a red flag from a conspicuous or other information whose disclosure is
have a significant impact on the quality and easily-seen location along the restricted by statute. Multimedia
of the human environment and, nearby shore to signify that the range is submissions (audio, video, etc.) must be
therefore, preparation of an in use and will post lookouts to ensure accompanied by a written comment.
environmental impact statement will the safety of all vessels transiting The written comment is considered the
not be required. An environmental through the area. If the range is in use official comment and should include
assessment will be prepared after the at night, a strobe light shall be displayed discussion of all points you wish to
public notice period is closed and all from the same conspicuous and easily- make. EPA will generally not consider
comments have been received and seen location in lieu of flags. The range comments or comment contents located
considered. shall not be used when visibility is outside of the primary submission (i.e.
d. Unfunded Mandates Act. This equal to or less than the maximum range on the web, cloud, or other file sharing
proposed rule does not contain a of the weapons being used at the system). For additional submission
Federal mandate that may result in facility. methods, please contact the person
expenditures of $100 million or more (c) Enforcement. The restrictions on identified in the FOR FURTHER
for State, local, and Tribal governments, public access in this section shall be INFORMATION CONTACT section. For the
in the aggregate, or the private sector in enforced by the Commander, Joint full EPA public comment policy,
any one year. Therefore, this proposed Region Marianas, and such agencies as information about CBI or multimedia
rule is not subject to the requirements the Commander may designate in submissions, and general guidance on
of Sections 202 and 205 of the writing. making effective comments, please visit
Unfunded Mandates Reform Act Dated: December 6, 2018. https://www2.epa.gov/dockets/
(UMRA). The proposed rule contains no commenting-epa-dockets.
Thomas P. Smith,
regulatory requirements that might FOR FURTHER INFORMATION CONTACT:
Chief, Operations and Regulatory Division,
significantly or uniquely affect small Constantine Blathras, Environmental
Directorate of Civil Works.
governments. Therefore, the proposed Engineer, Air Permits Section, Air
[FR Doc. 2018–27028 Filed 12–12–18; 8:45 am]
rule is not subject to the requirements Programs Branch (AR–18J),
BILLING CODE 3720–58–P
of Section 203 of UMRA. Environmental Protection Agency,
List of Subjects in 33 CFR Part 334 Region 5, 77 West Jackson Boulevard,
ENVIRONMENTAL PROTECTION Chicago, Illinois 60604, (312) 886–0671,
Danger zones, Navigation (water),
AGENCY Blathras.constantine@epa.gov.
Restricted areas, Waterways.
SUPPLEMENTARY INFORMATION:
For the reasons set forth in the
summary above, the Corps proposes to 40 CFR Part 52 Throughout this document whenever
amend 33 CFR part 334 as follows: ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
[EPA–R05–OAR–2007–1092; FRL–9987–74–
Region 5] EPA. This supplementary information
PART 334—DANGER ZONE AND section is arranged as follows:
RESTRICTED AREA REGULATIONS Air Plan Approval; Michigan; Michigan I. Background
Minor New Source Review
■ 1. The authority citation for part 334 Section 110(a)(2)(C) of the Clean Air
continues to read as follows: AGENCY: Environmental Protection Act requires that the SIP include a
Agency (EPA). program to provide for the ‘‘regulation
Authority: 40 Stat. 266 (33 U.S.C. 1) and
40 Stat. 892 (33 U.S.C. 3). ACTION: Proposed rule. of the modification and construction of
any stationary source within the areas
■ 2. Add § 334.1415 to read as follows: SUMMARY: The Environmental Protection covered by the plan as necessary to
Agency (EPA) is proposing to approve assure that national ambient air quality
§ 334.1415 Pacific Ocean, adjacent to the
Finegayan Small Arms Range at Naval Base
the rescission of Michigan rule 221 from standards are achieved.’’ This includes
Guam Telecommunication Site, on the the Michigan state implementation plan a program for permitting construction
northwestern coast of Guam; danger zone. (SIP). Rule 221 exempted sources that and modification of both major and
(a) The area. Coordinates are bounded had significant net emission increases of minor sources that the State deems
by the following four points: Point A sulfur dioxide, particulate matter, and necessary to protect air quality. The
(13°34′57″ N; 144°49′53″ E) following carbon monoxide from offset State of Michigan’s minor source permit
the high tide line to Point B (13°35′49″ requirements. Michigan rescinded this to install rules are contained in Part 2
N; 144°47′59″ E), Point C (13°34′57″ N; rule effective November 14, 1990. (Air Use Approval) of the Michigan
amozie on DSK3GDR082PROD with PROPOSALS1
144°47′45″ E), and Point D (13°34′48″ N; DATES: Comments must be received on Administrative Code. Changes to the
144°49′50″ E). The datum for these or before January 14, 2019. Part 2 rules were submitted on
coordinates is NAD–83. ADDRESSES: Submit your comments, November 12, 1993; May 16, 1996; April
(b) The regulation. (1) Vessels or identified by Docket ID No. EPA–R05– 3, 1998; September 2, 2003; March 24,
persons shall expeditiously transit OAR–2007–1092 at https:// 2009; and February 28, 2017. EPA
through the danger zone when the small www.regulations.gov, or via email to approved changes to the Part 2 rules
arms range is in use. Vessels shall not Damico.genvieve@epa.gov. For most recently in a final approval dated
be permitted to anchor or loiter within comments submitted at Regulations.gov, August 31, 2018 (83 FR 44485).
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![64056 Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Proposed Rules
Rule 336.1221 (Construction of greatest degree possible; that more than • Is not a significant regulatory action
sources of particulate matter, sulfur equivalent offsetting emission subject to Executive Order 13211 (66 FR
dioxide, or carbon monoxide in or near reductions will be obtained from 28355, May 22, 2001);
nonattainment areas; conditions for existing sources; and that there will be • Is not subject to requirements of
approval). progress toward achieving the National Section 12(d) of the National
EPA published a proposed Ambient Air Quality Standards. EPA Technology Transfer and Advancement
disapproval of the 1993, 1996, and 1996 has found that the rules as submitted by Act of 1995 (15 U.S.C. 272 note) because
submittals on November 9, 1999 (64 FR Michigan for inclusion into its SIP are application of those requirements would
61046), but never published a final at least as stringent as the Federal rules. be inconsistent with the Clean Air Act;
disapproval. As part of that proposed By rescinding rule 221 from the and
disapproval, EPA conducted an Michigan SIP, the Michigan SIP is • Does not provide EPA with the
evaluation of the State submittal and meeting the Federal statutory discretionary authority to address, as
found that as one of the items, the State requirements for an approvable Part 2 appropriate, disproportionate human
failed to rescind Michigan rule and Part 19 air permitting program. health or environmental effects, using
336.1221. In that action, EPA stated, practicable and legally permissible
‘‘Michigan rule 336.1221 impermissibly II. What action is EPA taking?
methods, under Executive Order 12898
exempts sources that have significant EPA is proposing to approve the (59 FR 7629, February 16, 1994).
net emissions increases of sulfur rescission of Michigan rule 336.1221 In addition, the SIP is not approved
dioxide, particulate matter, and carbon from the Michigan SIP. to apply on any Indian reservation land
monoxide from offset requirements. or in any other area where EPA or an
MDEQ rescinded Michigan rule III. Statutory and Executive Order
Reviews Indian tribe has demonstrated that a
336.1221 effective November 14, 1990. tribe has jurisdiction. In those areas of
However, the State never submitted the Under the Clean Air Act, the Indian country, the rule does not have
rule to USEPA for rescission. Because Administrator is required to approve a tribal implications and will not impose
Michigan did not submit the rescission SIP submission that complies with the substantial direct costs on tribal
to the USEPA for removal of the rule provisions of the Clean Air Act and governments or preempt tribal law as
from the SIP, the Michigan NSR rules applicable Federal regulations. 42 specified by Executive Order 13175 (65
are not approvable at this time.’’ U.S.C. 7410(k); 40 CFR 52.02(a). Thus, FR 67249, November 9, 2000).
On September 24, 2003, the State of in reviewing SIP submissions, EPA’s
Michigan submitted a SIP revision to role is to approve state choices, List of Subjects in 40 CFR Part 52
EPA requesting full approval of provided that they meet the criteria of Environmental protection, Air
Michigan’s Clean Air Act New Source the Clean Air Act. Accordingly, this pollution control, Carbon monoxide,
Review SIP. As part of that submittal action merely approves state law as Incorporation by reference,
requesting revisions to Parts 1 (General meeting Federal requirements and does Intergovernmental relations, Particulate
Provisions) and 2, Michigan specifically not impose additional requirements matter, Sulfur oxides.
requested to rescind rule 336.1221. As beyond those imposed by state law. For
part of its technical support document, Dated: November 27, 2018.
that reason, this action:
Michigan stated that rule 336.1221 was • Is not a significant regulatory action Cathy Stepp,
rescinded from the State rules in 1990, subject to review by the Office of Regional Administrator, Region 5.
and requests that EPA remove it from Management and Budget under [FR Doc. 2018–26923 Filed 12–12–18; 8:45 am]
the SIP. Executive Orders 12866 (58 FR 51735, BILLING CODE 6560–50–P
At the time of the 1999 proposed October 4, 1993) and 13563 (76 FR 3821,
disapproval, the Part 2 rules also January 21, 2011);
included the state’s major • Is not an Executive Order 13771 (82 ENVIRONMENTAL PROTECTION
nonattainment PTI permitting program. FR 9339, February 2, 2017) regulatory AGENCY
The major nonattainment provisions action because SIP approvals are
have been removed from Part 2, and are exempted under Executive Order 12866; 40 CFR Part 52
now covered by the Part 19 (New Source • Does not impose an information
Review for Major Sources Impacting [EPA–R05–OAR–2017–0741; FRL–9987–73–
collection burden under the provisions Region 5]
Nonattainment Areas) rules. The Part 19 of the Paperwork Reduction Act (44
rules were fully approved by EPA into U.S.C. 3501 et seq.); Air Plan Approval; Michigan; Revisions
the Michigan SIP on December 16, 2013, • Is certified as not having a to Part 1 General Provisions Rules
(78 FR 76064). The Federal significant economic impact on a
nonattainment air quality permitting substantial number of small entities AGENCY: Environmental Protection
regulations are found in 40 CFR under the Regulatory Flexibility Act (5 Agency (EPA).
51.165(a) and (b). The Federal rules U.S.C. 601 et seq.); ACTION: Proposed rule.
found at 40 CFR 51.165(a) and (b) • Does not contain any unfunded
specify the elements necessary for mandate or significantly or uniquely SUMMARY: The Environmental Protection
approval of a State permit program for affect small governments, as described Agency (EPA) is proposing to approve a
preconstruction review for in the Unfunded Mandates Reform Act request submitted by the Michigan
nonattainment purposes under Part D of of 1995 (Public Law 104–4); Department of Environmental Quality
amozie on DSK3GDR082PROD with PROPOSALS1
the Clean Air Act. A major source or • Does not have Federalism (MDEQ) on December 12, 2017, and
major modification that would be implications as specified in Executive supplemented on August 9, 2018, as a
located in an area designated as Order 13132 (64 FR 43255, August 10, revision to Michigan’s state
nonattainment and subject to the 1999); implementation plan (SIP). The SIP
nonattainment area permitting rules • Is not an economically significant submission incorporates several
must meet stringent conditions designed regulatory action based on health or revisions to Michigan’s Air Pollution
to ensure that the new source’s safety risks subject to Executive Order Control Rules entitled ‘‘Part 1—General
emissions will be controlled to the 13045 (62 FR 19885, April 23, 1997); Provisions.’’ The revisions include
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Document Created: 2018-12-13 01:15:59
Document Modified: 2018-12-13 01:15:59
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before January 14, 2019. | |
| Contact | Constantine Blathras, Environmental Engineer, Air Permits Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-0671, [email protected] | |
| FR Citation | 83 FR 64055 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Sulfur Oxides |
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