83_FR_64295 83 FR 64056 - Air Plan Approval; Michigan; Revisions to Part 1 General Provisions Rules

83 FR 64056 - Air Plan Approval; Michigan; Revisions to Part 1 General Provisions Rules

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 239 (December 13, 2018)

Page Range64056-64059
FR Document2018-26924

The Environmental Protection Agency (EPA) is proposing to approve a request submitted by the Michigan Department of Environmental Quality (MDEQ) on December 12, 2017, and supplemented on August 9, 2018, as a revision to Michigan's state implementation plan (SIP). The SIP submission incorporates several revisions to Michigan's Air Pollution Control Rules entitled ``Part 1--General Provisions.'' The revisions include administrative changes to the existing rule.

Federal Register, Volume 83 Issue 239 (Thursday, December 13, 2018)
[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)]
[Proposed Rules]
[Pages 64056-64059]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26924]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0741; FRL-9987-73-Region 5]


Air Plan Approval; Michigan; Revisions to Part 1 General 
Provisions 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 December 12, 2017, and supplemented on August 9, 
2018, as a revision to Michigan's state implementation plan (SIP). The 
SIP submission incorporates several revisions to Michigan's Air 
Pollution Control Rules entitled ``Part 1--General Provisions.'' The 
revisions include

[[Page 64057]]

administrative changes to the existing rule.

DATES: Comments must be received on or before January 14, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2017-0741 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: Charles Hatten, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6031, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What are the State rule revisions?
II. What is EPA's analysis of the State's submittal?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What are the State rule revisions?

    On December 12, 2017, and August 9, 2018, MDEQ submitted a request 
to EPA to incorporate revisions to Michigan's Air Pollution Control 
Rules entitled Part 1--General Provisions (Part 1). The submission 
revises the following Michigan's Air Pollution Control rules: R 
336.1101 to 1103, R 336.1106 to 1109, R 336.1112 to 1116, and R 
336.1118 to 1123. The revisions are primarily administrative changes.
    In the August 9, 2018, submission, MDEQ rescinded its request to 
modify Part 1 for the following definitions: R336.1101(a) ``Act,'' 
R336.1101(h) ``Air pollution,'' R336.1101(q) ``Aqueous based parts 
washer,'' and R336.1103(aa) ``Cold cleaner.''

II. What is EPA's analysis of the State's submittal?

Rule Revisions for Which EPA Is Proposing To Approve

    Part 1 is a compilation of the definitions used in Michigan's 
rules. The revisions to Part 1 include a range of administrative 
changes, from grammatical corrections to language updates. Examples of 
these revisions include changing terminology such as ``which'' to 
``that,'' or ``commission'' to ``department.''
    MDEQ revised the language in several rules to be consistent with 
rule R 336.1902, namely, requiring all of the ``Adoption by reference'' 
for various test methods be located in R 336.1902. For example, the 
definitions of ``Heavy liquids,'' ``PM-10,'' ``PM 2.5,'' ``Reid vapor 
pressure,'' ``True vapor pressure,'' and ``Waxy, heavy pour crude 
oil,'' the revised rule language shows that the applicable test method 
adopted by reference is in R 336.1902.
    In rule R 336.1122(f) MDEQ updated the definition of ``Volatile 
organic compound'' (VOC) to reflect revisions made to the Federal 
definition at 40 CFR 51.100(s). MDEQ amended the list of compounds 
excluded from the definition of VOC to add the following six compounds: 
(1.) HCF2OCF2H (HFE-134), (2.) 
HCF2OCF2OCF2H (HFE-236cal2), (3.) 
HCF2OCF2CF2OCF2H (HFE-
338pcc13), (4.) 
HCF2OCF2OCF2CF2OCF2
H (H-Galden 1040X or H-Galden ZT 130 (or 150 or 180)), (5.) Trans 1-
chloro-3,3,3-trifluoroprop-1-ene (Solstice \TM\ 1233zd(E)), and (6.) 2-
amino-2-methyl-1-propanol (AMP). These additional compounds were 
determined by EPA to have negligible photochemical reactivity, and 
therefore, EPA does not expect them to make a significant contribution 
to ozone formation.\1\ MDEQ also updated an existing exemption for the 
compound t-butyl acetate to be consistent with EPA's removal of the 
recordkeeping, emissions reporting, photochemical dispersion modeling 
and inventory requirements related to the use of t-butyl acetate as a 
VOC. See 81 FR 9339 (February 25, 2016).
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    \1\ See 78 FR 9823, February 12, 2013; 78 FR 53029, August 28, 
2013; 79 FR 17037, March 27, 2014.
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    Last, other modifications to Part 1 include the deletion and 
addition of several definitions. MDEQ revised Part 1 to remove 
definitions that are unclear, incorrect, redundant, or no longer used 
in Michigan's rules. MDEQ removed ``Allowed emissions,'' ``Federal land 
manager,'' ``Linearized multistage computer model,'' ``Offset ratio,'' 
and ``Very large precipitator.'' In like manner, MDEQ revised Part 1 by 
adding the following definitions: ``Adhesion prime,'' ``Air pollution 
control equipment,'' ``Applicant,'' ``Federally enforceable,'' ``Field 
gas,'' ``Field testing,'' ``Flexible coating,'' and ``Fog coat,'' 
``Organic resin,'' ``Secondary emissions,'' ``Significant,'' ``Stencil 
coat,'' ``Styrene devolatilizer unit,'' ``Styrene recovery unit,'' 
``Synthetic natural gas,'' ``Synthetic organic chemical and polymer 
manufacturing plant,'' ``Synthetic organic chemical and polymer 
manufacturing process unit,'' ``Used oil,'' and ``Wayne county 
permit.''
    EPA finds these changes are acceptable and thus is proposing their 
approval into the Michigan SIP.

Rule Revision for Which EPA Is Taking No Action

R 336.1103 Definitions; C
    In rule R 336.1103, MDEQ requested the removal of (pp) from the 
definition of ``Creditable.'' EPA is taking no action to remove this 
definition from Michigan's SIP because EPA already removed the 
definition from Part 1 in a previous rulemaking. See 78 FR 76064 
(December 16, 2013).
R 336.1119 Definitions; S
    MDEQ amended this rule by adding (c) for the definition ``Secondary 
risk screening level,'' and (q) for the definition ``State-only 
enforceable.'' Secondary risk screening level means ``the concentration 
of a possible, probable, or known human carcinogen in ambient air which 
has been calculated, for regulatory purposes, according to the risk 
assessment procedures in R 336.1229(1), to produce an estimated upper-
bound lifetime cancer risk of 1 in 100,000.'' State-only enforceable 
means ``that the limitation or condition is derived solely from the act 
and the air pollution control rules and is not federally enforceable. 
State-only enforceable requirements include R 336.1224, R 336.1225, R 
336.1901, any permit requirement established solely pursuant to R 
366.1201(1)(b), or any other regulation that is enforceable

[[Page 64058]]

solely under the act and is not federally enforceable.'' EPA is taking 
no action on these State-only provisions.
R 336.1120 Definitions; T
    In rule 336.1120(f), ```Toxic air contaminant' or `TAC''' is 
defined as ``any air contaminant for which there is no National Ambient 
Air Quality Standard (NAAQS) and which is or may become harmful to 
public health or the environment when present in the outdoor atmosphere 
in sufficient quantities and duration.'' This definition includes a 
list of exempt substances that are not considered TACs. MDEQ amended 
the list of exempt substances to add the following: ``animal or plant 
materials, including extracts and concentrates thereof, used as 
ingredients in food products or dietary supplements in accordance with 
applicable regulations of the United States Food and Drug 
Administration.'' EPA is taking no action on this amendment to rule R 
336.1120(f).
Other Revisions to Part 1
    MDEQ revised Part 1 to add the following definitions: R 336.1115(d) 
for ```Oral reference dose' or `RfD','' R 336.1119(x) for ``Sufficient 
evidence,'' and R 336.1123(c) for ``Weight of evidence.'' EPA is taking 
no action on these definitions.
Section 110(l) Analysis of the State's Submittal
    EPA is proposing to approve the revisions to Part 1 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 1 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. Part 1 
rules are definitions and are not meant to affect any sources. The 
changes to the definitions in Part 1 rules will have no effect on 
actual or allowable emissions as they only clarify words and phrases 
within other rules.
    MDEQ has shown there is no impact of revising Part 1 rule that 
would hinder Michigan's ability to maintain and meet the NAAQS for 
nitrogen dioxide, ozone, lead, particulate matter, sulfur dioxide, and 
carbon monoxide. Therefore, these revisions to Part 1 are approvable as 
they are merely administrative changes. The revisions will not increase 
any emissions to the atmosphere because they do not impact on any 
source applicability or emissions.

III. What action is EPA taking?

    EPA is proposing to approve revisions to Michigan's Part 1 Rule 
submitted by MDEQ on December 12, 2017, and supplemented on August 9, 
2018, as a revision to the Michigan SIP.
    Michigan requested that EPA approve the following rules: R 336.1101 
Definitions; A (except for (a) Act, (h) Air pollution, and (q) Aqueous 
based parts washer), R 336.1102 Definitions: B, R 336.1103 Definitions 
C (except for (aa) Cold cleaner), R 336.1106 Definitions; F, R 336.1107 
Definitions; G, R 336.1108 Definitions; H, R 336.1109 Definitions; I, R 
336.1112 Definitions; L, R 336.1113 Definitions; M, R 336.1114 
Definitions; N, R 336.1115 Definitions; O (except for (d) ```Oral 
reference dose' or `RfD'''), R 336.1116 Definitions; P, R 336.1118 
Definitions; R, R 336.1119 Definitions; S (except for (c) Secondary 
risk screening level, (q) State-only enforceable, and (x) Sufficient 
evidence), R 336.1120 Definitions; T (except for (f) ```Toxic air 
contaminant' or `TAC'''), R 336.1121 Definitions; U, R 336.1122 
Definitions; V, R 336.1123 Definitions; W (except for (c) Weight of 
evidence). We are also proposing approval of a revision removing the 
following definitions from Part 1: ``Allowed emissions,'' ``Federal 
land manager,'' ``Linearized multistage computer model,'' ``Offset 
ratio,'' and ``Very large precipitator.''
    EPA is not taking any action on R 336.1103(pp) ``Creditable,'' R 
336.1115(d) ```Oral reference dose' or `RfD','' 336.1119(c) ``Secondary 
risk screening level,'' R 336.1119(q) ``State-only enforceable,'' R 
336.1119(x) ``Sufficient evidence,'' R 336.1120(f) ```Toxic air 
contaminant' or `TAC','' and R 336.1123(c) ``Weight of evidence.''

IV. 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 336.1101 Definitions; A 
(except for (a) Act, (h) Air pollution, and (q) Aqueous based parts 
washer), R 336.1102 Definitions: B, R 336.1103 Definitions C (except 
for (aa) Cold cleaner), R 336.1106 Definitions; F, R 336.1107 
Definitions; G, R 336.1108 Definitions; H, R 336.1109 Definitions I, R 
336.1112 Definitions; L, R 336.1113 Definitions; M, R 336.1114 
Definitions; N, R 336.1115 Definitions; O (except for (d) ```Oral 
reference dose' or `RfD'''), R 336.1116 Definitions; P, R 336.1118 
Definitions; R, R 336.1119 Definitions; S (except for (c) Secondary 
risk screening level, (q) State-only enforceable, and (x) Sufficient 
evidence), R 336.1120 Definitions; T (except for (f) ```Toxic air 
contaminant' or `TAC'''), R 336.1121 Definitions; U, R 336.1122 
Definitions; V, R 336.1123 Definitions; W (except for (c) Weight of 
evidence), 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).

V. 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.);
     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);

[[Page 64059]]

     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, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: November 27, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018-26924 Filed 12-12-18; 8:45 am]
BILLING CODE 6560-50-P



                                                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


                                           VerDate Sep<11>2014   16:36 Dec 12, 2018   Jkt 247001   PO 00000   Frm 00021   Fmt 4702   Sfmt 4702   E:\FR\FM\13DEP1.SGM   13DEP1


                                                                    Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Proposed Rules                                           64057

                                                administrative changes to the existing                  R 336.1101 to 1103, R 336.1106 to 1109,               related to the use of t-butyl acetate as a
                                                rule.                                                   R 336.1112 to 1116, and R 336.1118 to                 VOC. See 81 FR 9339 (February 25,
                                                DATES: Comments must be received on                     1123. The revisions are primarily                     2016).
                                                or before January 14, 2019.                             administrative changes.                                  Last, other modifications to Part 1
                                                                                                           In the August 9, 2018, submission,                 include the deletion and addition of
                                                ADDRESSES: Submit your comments,
                                                                                                        MDEQ rescinded its request to modify                  several definitions. MDEQ revised Part
                                                identified by Docket ID No. EPA–R05–                    Part 1 for the following definitions:                 1 to remove definitions that are unclear,
                                                OAR–2017–0741 at https://                               R336.1101(a) ‘‘Act,’’ R336.1101(h) ‘‘Air              incorrect, redundant, or no longer used
                                                www.regulations.gov or via email to                     pollution,’’ R336.1101(q) ‘‘Aqueous                   in Michigan’s rules. MDEQ removed
                                                blakley.pamela@epa.gov. For comments                    based parts washer,’’ and R336.1103(aa)               ‘‘Allowed emissions,’’ ‘‘Federal land
                                                submitted at Regulations.gov, follow the                ‘‘Cold cleaner.’’                                     manager,’’ ‘‘Linearized multistage
                                                online instructions for submitting
                                                                                                        II. What is EPA’s analysis of the State’s             computer model,’’ ‘‘Offset ratio,’’ and
                                                comments. Once submitted, comments
                                                                                                        submittal?                                            ‘‘Very large precipitator.’’ In like
                                                cannot be edited or removed from
                                                                                                                                                              manner, MDEQ revised Part 1 by adding
                                                Regulations.gov. For either manner of                   Rule Revisions for Which EPA Is                       the following definitions: ‘‘Adhesion
                                                submission, EPA may publish any                         Proposing To Approve                                  prime,’’ ‘‘Air pollution control
                                                comment received to its public docket.
                                                                                                           Part 1 is a compilation of the                     equipment,’’ ‘‘Applicant,’’ ‘‘Federally
                                                Do not submit electronically any
                                                                                                        definitions used in Michigan’s rules.                 enforceable,’’ ‘‘Field gas,’’ ‘‘Field
                                                information you consider to be
                                                                                                        The revisions to Part 1 include a range               testing,’’ ‘‘Flexible coating,’’ and ‘‘Fog
                                                Confidential Business Information (CBI)
                                                                                                        of administrative changes, from                       coat,’’ ‘‘Organic resin,’’ ‘‘Secondary
                                                or other information whose disclosure is
                                                                                                        grammatical corrections to language                   emissions,’’ ‘‘Significant,’’ ‘‘Stencil
                                                restricted by statute. Multimedia
                                                                                                        updates. Examples of these revisions                  coat,’’ ‘‘Styrene devolatilizer unit,’’
                                                submissions (audio, video, etc.) must be
                                                                                                        include changing terminology such as                  ‘‘Styrene recovery unit,’’ ‘‘Synthetic
                                                accompanied by a written comment.
                                                                                                        ‘‘which’’ to ‘‘that,’’ or ‘‘commission’’ to           natural gas,’’ ‘‘Synthetic organic
                                                The written comment is considered the
                                                                                                        ‘‘department.’’                                       chemical and polymer manufacturing
                                                official comment and should include
                                                                                                           MDEQ revised the language in several               plant,’’ ‘‘Synthetic organic chemical and
                                                discussion of all points you wish to
                                                                                                        rules to be consistent with rule R                    polymer manufacturing process unit,’’
                                                make. EPA will generally not consider
                                                                                                        336.1902, namely, requiring all of the                ‘‘Used oil,’’ and ‘‘Wayne county
                                                comments or comment contents located
                                                                                                        ‘‘Adoption by reference’’ for various test            permit.’’
                                                outside of the primary submission (i.e.
                                                                                                        methods be located in R 336.1902. For                    EPA finds these changes are
                                                on the web, cloud, or other file sharing                example, the definitions of ‘‘Heavy                   acceptable and thus is proposing their
                                                system). For additional submission                      liquids,’’ ‘‘PM–10,’’ ‘‘PM 2.5,’’ ‘‘Reid              approval into the Michigan SIP.
                                                methods, please contact the person                      vapor pressure,’’ ‘‘True vapor pressure,’’
                                                identified in the FOR FURTHER                           and ‘‘Waxy, heavy pour crude oil,’’ the               Rule Revision for Which EPA Is Taking
                                                INFORMATION CONTACT section. For the
                                                                                                        revised rule language shows that the                  No Action
                                                full EPA public comment policy,                         applicable test method adopted by                     R 336.1103        Definitions; C
                                                information about CBI or multimedia                     reference is in R 336.1902.
                                                submissions, and general guidance on                       In rule R 336.1122(f) MDEQ updated                   In rule R 336.1103, MDEQ requested
                                                making effective comments, please visit                 the definition of ‘‘Volatile organic                  the removal of (pp) from the definition
                                                https://www2.epa.gov/dockets/                           compound’’ (VOC) to reflect revisions                 of ‘‘Creditable.’’ EPA is taking no action
                                                commenting-epa-dockets.                                 made to the Federal definition at 40 CFR              to remove this definition from
                                                FOR FURTHER INFORMATION CONTACT:                        51.100(s). MDEQ amended the list of                   Michigan’s SIP because EPA already
                                                Charles Hatten, Environmental                           compounds excluded from the                           removed the definition from Part 1 in a
                                                Engineer, Control Strategies Section, Air               definition of VOC to add the following                previous rulemaking. See 78 FR 76064
                                                Programs Branch (AR–18J),                               six compounds: (1.) HCF2OCF2H (HFE–                   (December 16, 2013).
                                                Environmental Protection Agency,                        134), (2.) HCF2OCF2OCF2H (HFE–                        R 336.1119        Definitions; S
                                                Region 5, 77 West Jackson Boulevard,                    236cal2), (3.) HCF2OCF2CF2OCF2H
                                                Chicago, Illinois 60604, (312) 886–6031,                                                                         MDEQ amended this rule by adding
                                                                                                        (HFE–338pcc13), (4.)
                                                hatten.charles@epa.gov.                                                                                       (c) for the definition ‘‘Secondary risk
                                                                                                        HCF2OCF2OCF2CF2OCF2H (H-Galden
                                                                                                                                                              screening level,’’ and (q) for the
                                                SUPPLEMENTARY INFORMATION:                              1040X or H-Galden ZT 130 (or 150 or
                                                                                                                                                              definition ‘‘State-only enforceable.’’
                                                Throughout this document whenever                       180)), (5.) Trans 1-chloro-3,3,3-
                                                                                                                                                              Secondary risk screening level means
                                                ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean             trifluoroprop-1-ene (Solstice TM
                                                                                                                                                              ‘‘the concentration of a possible,
                                                EPA. This supplementary information                     1233zd(E)), and (6.) 2-amino-2-methyl-
                                                                                                                                                              probable, or known human carcinogen
                                                section is arranged as follows:                         1-propanol (AMP). These additional
                                                                                                                                                              in ambient air which has been
                                                I. What are the State rule revisions?                   compounds were determined by EPA to
                                                                                                                                                              calculated, for regulatory purposes,
                                                II. What is EPA’s analysis of the State’s               have negligible photochemical
                                                                                                                                                              according to the risk assessment
                                                     submittal?                                         reactivity, and therefore, EPA does not
                                                                                                                                                              procedures in R 336.1229(1), to produce
                                                III. What action is EPA taking?                         expect them to make a significant
                                                IV. Incorporation by Reference                                                                                an estimated upper-bound lifetime
                                                                                                        contribution to ozone formation.1
                                                V. Statutory and Executive Order Reviews                                                                      cancer risk of 1 in 100,000.’’ State-only
                                                                                                        MDEQ also updated an existing
                                                                                                                                                              enforceable means ‘‘that the limitation
                                                                                                        exemption for the compound t-butyl
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                                                I. What are the State rule revisions?                                                                         or condition is derived solely from the
                                                                                                        acetate to be consistent with EPA’s
                                                   On December 12, 2017, and August 9,                                                                        act and the air pollution control rules
                                                                                                        removal of the recordkeeping, emissions
                                                2018, MDEQ submitted a request to EPA                                                                         and is not federally enforceable. State-
                                                                                                        reporting, photochemical dispersion
                                                to incorporate revisions to Michigan’s                                                                        only enforceable requirements include R
                                                                                                        modeling and inventory requirements
                                                Air Pollution Control Rules entitled Part                                                                     336.1224, R 336.1225, R 336.1901, any
                                                1—General Provisions (Part 1). The                        1 See 78 FR 9823, February 12, 2013; 78 FR          permit requirement established solely
                                                submission revises the following                        53029, August 28, 2013; 79 FR 17037, March 27,        pursuant to R 366.1201(1)(b), or any
                                                Michigan’s Air Pollution Control rules:                 2014.                                                 other regulation that is enforceable


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                                                64058               Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Proposed Rules

                                                solely under the act and is not federally                 MDEQ has shown there is no impact                   based parts washer), R 336.1102
                                                enforceable.’’ EPA is taking no action on               of revising Part 1 rule that would hinder             Definitions: B, R 336.1103 Definitions
                                                these State-only provisions.                            Michigan’s ability to maintain and meet               C (except for (aa) Cold cleaner), R
                                                                                                        the NAAQS for nitrogen dioxide, ozone,                336.1106 Definitions; F, R 336.1107
                                                R 336.1120       Definitions; T                                                                               Definitions; G, R 336.1108 Definitions;
                                                                                                        lead, particulate matter, sulfur dioxide,
                                                   In rule 336.1120(f), ‘‘‘Toxic air                    and carbon monoxide. Therefore, these                 H, R 336.1109 Definitions I, R
                                                contaminant’ or ‘TAC’’’ is defined as                   revisions to Part 1 are approvable as                 336.1112 Definitions; L, R 336.1113
                                                ‘‘any air contaminant for which there is                they are merely administrative changes.               Definitions; M, R 336.1114 Definitions;
                                                no National Ambient Air Quality                         The revisions will not increase any                   N, R 336.1115 Definitions; O (except
                                                Standard (NAAQS) and which is or may                    emissions to the atmosphere because                   for (d) ‘‘‘Oral reference dose’ or ‘RfD’’’),
                                                become harmful to public health or the                  they do not impact on any source                      R 336.1116 Definitions; P, R 336.1118
                                                environment when present in the                         applicability or emissions.                           Definitions; R, R 336.1119 Definitions;
                                                outdoor atmosphere in sufficient                                                                              S (except for (c) Secondary risk
                                                                                                        III. What action is EPA taking?
                                                quantities and duration.’’ This                                                                               screening level, (q) State-only
                                                definition includes a list of exempt                       EPA is proposing to approve revisions              enforceable, and (x) Sufficient
                                                substances that are not considered                      to Michigan’s Part 1 Rule submitted by                evidence), R 336.1120 Definitions; T
                                                TACs. MDEQ amended the list of                          MDEQ on December 12, 2017, and                        (except for (f) ‘‘‘Toxic air contaminant’
                                                exempt substances to add the following:                 supplemented on August 9, 2018, as a                  or ‘TAC’’’), R 336.1121 Definitions; U,
                                                ‘‘animal or plant materials, including                  revision to the Michigan SIP.                         R 336.1122 Definitions; V, R 336.1123
                                                                                                           Michigan requested that EPA approve                Definitions; W (except for (c) Weight of
                                                extracts and concentrates thereof, used
                                                                                                        the following rules: R 336.1101                       evidence), effective December 20, 2016.
                                                as ingredients in food products or
                                                                                                        Definitions; A (except for (a) Act, (h) Air           EPA has made, and will continue to
                                                dietary supplements in accordance with
                                                                                                        pollution, and (q) Aqueous based parts                make, these documents generally
                                                applicable regulations of the United
                                                                                                        washer), R 336.1102 Definitions: B, R                 available through www.regulations.gov
                                                States Food and Drug Administration.’’
                                                                                                        336.1103 Definitions C (except for (aa)               and at the EPA Region 5 Office (please
                                                EPA is taking no action on this
                                                                                                        Cold cleaner), R 336.1106 Definitions;                contact the person identified in the FOR
                                                amendment to rule R 336.1120(f).
                                                                                                        F, R 336.1107 Definitions; G, R                       FURTHER INFORMATION CONTACT section of
                                                Other Revisions to Part 1                               336.1108 Definitions; H, R 336.1109                   this preamble for more information).
                                                                                                        Definitions; I, R 336.1112 Definitions;
                                                   MDEQ revised Part 1 to add the                       L, R 336.1113 Definitions; M, R                       V. Statutory and Executive Order
                                                following definitions: R 336.1115(d) for                336.1114 Definitions; N, R 336.1115                   Reviews
                                                ‘‘‘Oral reference dose’ or ‘RfD’,’’ R                   Definitions; O (except for (d) ‘‘‘Oral                   Under the CAA, the Administrator is
                                                336.1119(x) for ‘‘Sufficient evidence,’’                reference dose’ or ‘RfD’’’), R 336.1116               required to approve a SIP submission
                                                and R 336.1123(c) for ‘‘Weight of                       Definitions; P, R 336.1118 Definitions;               that complies with the provisions of the
                                                evidence.’’ EPA is taking no action on                  R, R 336.1119 Definitions; S (except                  CAA and applicable Federal regulations.
                                                these definitions.                                      for (c) Secondary risk screening level,               42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                Section 110(l) Analysis of the State’s                  (q) State-only enforceable, and (x)                   Thus, in reviewing SIP submissions,
                                                Submittal                                               Sufficient evidence), R 336.1120                      EPA’s role is to approve state choices,
                                                                                                        Definitions; T (except for (f) ‘‘‘Toxic air           provided that they meet the criteria of
                                                   EPA is proposing to approve the                      contaminant’ or ‘TAC’’’), R 336.1121                  the CAA. Accordingly, this action
                                                revisions to Part 1 discussed above                     Definitions; U, R 336.1122 Definitions;               merely approves state law as meeting
                                                because the revisions meet all                          V, R 336.1123 Definitions; W (except                  Federal requirements and does not
                                                applicable requirements under the                       for (c) Weight of evidence). We are also              impose additional requirements beyond
                                                Clean Air Act (CAA), consistent with                    proposing approval of a revision                      those imposed by state law. For that
                                                section 110(k)(3) of the CAA.                           removing the following definitions from               reason, this action:
                                                Furthermore, MDEQ has shown that the                    Part 1: ‘‘Allowed emissions,’’ ‘‘Federal                 • Is not a significant regulatory action
                                                revisions to Part 1 do not interfere with               land manager,’’ ‘‘Linearized multistage               subject to review by the Office of
                                                any applicable requirement concerning                   computer model,’’ ‘‘Offset ratio,’’ and               Management and Budget under
                                                attainment and reasonable further                       ‘‘Very large precipitator.’’                          Executive Orders 12866 (58 FR 51735,
                                                progress or any other applicable CAA                       EPA is not taking any action on R                  October 4, 1993) and 13563 (76 FR 3821,
                                                requirement, consistent with section                    336.1103(pp) ‘‘Creditable,’’ R                        January 21, 2011);
                                                110(l) of the CAA.                                      336.1115(d) ‘‘‘Oral reference dose’ or                   • Is not an Executive Order 13771 (82
                                                   Under Section 110(l) of the CAA, EPA                 ‘RfD’,’’ 336.1119(c) ‘‘Secondary risk                 FR 9339, February 2, 2017) regulatory
                                                shall not approve a SIP revision if it                  screening level,’’ R 336.1119(q) ‘‘State-             action because SIP approvals are
                                                would interfere with any applicable                     only enforceable,’’ R 336.1119(x)                     exempted under Executive Order 12866;
                                                requirement concerning attainment and                   ‘‘Sufficient evidence,’’ R 336.1120(f)                   • Does not impose an information
                                                reasonable further progress (as defined                 ‘‘‘Toxic air contaminant’ or ‘TAC’,’’ and             collection burden under the provisions
                                                in section 171 of the CAA) or any other                 R 336.1123(c) ‘‘Weight of evidence.’’                 of the Paperwork Reduction Act (44
                                                applicable requirement of the CAA. The                                                                        U.S.C. 3501 et seq.);
                                                proposed SIP revision would not                         IV. Incorporation by Reference                           • Is certified as not having a
                                                interfere with any applicable CAA                         In this rule, EPA is proposing to                   significant economic impact on a
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                                                requirements based on technical                         include in a final EPA rule regulatory                substantial number of small entities
                                                analysis submitted by MDEQ. Part 1                      text that includes incorporation by                   under the Regulatory Flexibility Act (5
                                                rules are definitions and are not meant                 reference. In accordance with                         U.S.C. 601 et seq.);
                                                to affect any sources. The changes to the               requirements of 1 CFR 51.5, EPA                          • Does not contain any unfunded
                                                definitions in Part 1 rules will have no                proposes to incorporate by reference                  mandate or significantly or uniquely
                                                effect on actual or allowable emissions                 Michigan Administrative Code R                        affect small governments, as described
                                                as they only clarify words and phrases                  336.1101 Definitions; A (except for (a)               in the Unfunded Mandates Reform Act
                                                within other rules.                                     Act, (h) Air pollution, and (q) Aqueous               of 1995 (Pub. L. 104–4);


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                                                                    Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Proposed Rules                                            64059

                                                   • Does not have Federalism                           SUMMARY:    The Environmental Protection              available only in hard copy. Publicly
                                                implications as specified in Executive                  Agency (EPA) is proposing to establish                available docket materials are available
                                                Order 13132 (64 FR 43255, August 10,                    a federal Clean Water Act (CWA)                       either electronically in
                                                1999);                                                  selenium water quality criterion                      www.regulations.gov or in hard copy at
                                                   • Is not an economically significant                 applicable to California that protects                two Docket Facilities. The Office of
                                                regulatory action based on health or                    aquatic life and aquatic-dependent                    Water (‘‘OW’’) Docket Center is open
                                                safety risks subject to Executive Order                 wildlife in the fresh waters of California.           from 8:30 a.m. until 4:30 p.m., Monday
                                                13045 (62 FR 19885, April 23, 1997);                    In 2016, the EPA published a revised                  through Friday, excluding legal
                                                   • Is not a significant regulatory action             recommended aquatic life selenium                     holidays. The Docket telephone number
                                                subject to Executive Order 13211 (66 FR                 criterion for freshwater based on the                 is (202) 566–2426 and the Docket
                                                28355, May 22, 2001);                                   latest scientific knowledge. The EPA is               address is OW Docket, EPA West, Room
                                                   • Is not subject to requirements of                  proposing to amend the California                     3334, 1301 Constitution Ave. NW,
                                                Section 12(d) of the National                           Toxics Rule to include a revised                      Washington, DC 20004. The Public
                                                Technology Transfer and Advancement                     statewide chronic selenium water                      Reading Room is open from 8:30 a.m. to
                                                Act of 1995 (15 U.S.C. 272 note) because                quality criterion for California fresh                4:30 p.m., Monday through Friday,
                                                application of those requirements would                 waters to protect aquatic life and                    excluding legal holidays. The telephone
                                                be inconsistent with the CAA; and                       aquatic-dependent wildlife which                      number for the Public Reading Room is
                                                   • Does not provide EPA with the                      builds upon the science in the EPA’s                  (202) 566–1744.
                                                discretionary authority to address, as                  2016 Final Aquatic Life Ambient Water                    Public Hearings: The EPA is offering
                                                appropriate, disproportionate human                     Quality Criteria for Selenium—                        two online public hearings so that
                                                health or environmental effects, using                  Freshwater.                                           interested parties may provide oral
                                                practicable and legally permissible                                                                           comments on this proposed rulemaking.
                                                                                                        DATES: Comments date: Comments must
                                                methods, under Executive Order 12898                                                                          For more details on the public hearings
                                                                                                        be received on or before February 11,
                                                (59 FR 7629, February 16, 1994).                                                                              and a link to register, please visit
                                                                                                        2019.                                                 https://www.epa.gov/wqs-tech/water-
                                                   In addition, the SIP is not approved                    Public hearing dates: Tuesday,
                                                to apply on any Indian reservation land                                                                       quality-standards-establishment-
                                                                                                        January 29, 2019 from 9 a.m.–11 a.m.
                                                or in any other area where EPA or an                                                                          numeric-criterion-selenium-fresh-
                                                                                                        PT, Wednesday, January 30, 2019 from
                                                Indian tribe has demonstrated that a                                                                          waters-california.
                                                                                                        4 p.m.–6 p.m. PT.
                                                tribe has jurisdiction. In those areas of                                                                     FOR FURTHER INFORMATION CONTACT:
                                                                                                        ADDRESSES: Comments: Submit your
                                                Indian country, the rule does not have                                                                        Julianne McLaughlin, Office of Water,
                                                                                                        comments, identified by Docket ID No.
                                                tribal implications and will not impose                                                                       Standards and Health Protection
                                                                                                        EPA–HQ–OW–2018–0056, at https://
                                                substantial direct costs on tribal                                                                            Division (4305T), U.S. Environmental
                                                                                                        www.regulations.gov (our preferred
                                                governments or preempt tribal law as                                                                          Protection Agency, 1200 Pennsylvania
                                                                                                        method), or the other methods
                                                specified by Executive Order 13175 (65                                                                        Avenue NW, Washington, DC 20460;
                                                                                                        identified at https://www.epa.gov/
                                                FR 67249, November 9, 2000).                                                                                  telephone number: (202) 566–2542;
                                                                                                        dockets/commenting-epa-dockets. Once
                                                                                                                                                              email address: mclaughlin.julianne@
                                                List of Subjects in 40 CFR Part 52                      submitted, comments cannot be edited
                                                                                                                                                              epa.gov; or Diane E. Fleck, P.E., Esq.,
                                                                                                        or removed from the docket. The EPA
                                                  Environmental protection, Air                                                                               Water Division (WTR–2–1), U.S.
                                                                                                        may publish any comment received to
                                                pollution control, Carbon monoxide,                                                                           Environmental Protection Agency
                                                                                                        its public docket. Do not submit
                                                Incorporation by reference,                                                                                   Region 9, 75 Hawthorne Street, San
                                                                                                        electronically any information you
                                                Intergovernmental relations, Lead,                                                                            Francisco, CA 94105; telephone
                                                                                                        consider to be Confidential Business
                                                Nitrogen dioxide, Ozone, Particulate                                                                          number: (415) 972–3527; email address:
                                                                                                        Information (CBI) or other information
                                                matter, Reporting and recordkeeping                                                                           Fleck.Diane@EPA.gov.
                                                                                                        whose disclosure is restricted by statute.
                                                requirements, Sulfur oxides, Volatile                   Multimedia submissions (audio, video,                 SUPPLEMENTARY INFORMATION: This
                                                organic compounds.                                      etc.) must be accompanied by a written                proposed rule is organized as follows:
                                                  Dated: November 27, 2018.                             comment. The written comment is                       I. General Information
                                                Cathy Stepp,                                            considered the official comment and                   II. Background
                                                                                                        should include discussion of all points                  A. Statutory and Regulatory Authority
                                                Regional Administrator, Region 5.
                                                                                                                                                                 B. National Toxics Rule
                                                [FR Doc. 2018–26924 Filed 12–12–18; 8:45 am]            you wish to make. The EPA will                           C. California Toxics Rule
                                                BILLING CODE 6560–50–P
                                                                                                        generally not consider comments or                       D. Litigation
                                                                                                        comment contents located outside of the                  E. Selenium and Sources of Selenium
                                                                                                        primary submission (i.e., on the web,                 III. Proposed Criterion
                                                ENVIRONMENTAL PROTECTION                                cloud, or other file sharing system). For                A. Approach
                                                AGENCY                                                  additional submission methods, the full                  B. Administrator’s Determination of
                                                                                                        EPA public comment policy,                                  Necessity
                                                40 CFR Part 131                                         information about CBI or multimedia                      C. Proposed Criterion
                                                                                                                                                                 D. Implementation
                                                [EPA–HQ–OW–2018–0056; FRL–9987–61–
                                                                                                        submissions, and general guidance on                     E. Incorporation by Reference
                                                OW]                                                     making effective comments, please visit               IV. Endangered Species Act
                                                                                                        https://www.epa.gov/dockets/                          V. Applicability of the EPA Promulgated
                                                RIN 2040–AF79                                           commenting-epa-dockets.                                     Water Quality Standards When Final
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                                                                                                           Docket: All documents in the docket                VI. Implementation and Alternative
                                                Water Quality Standards;                                are listed in the www.regulations.gov                       Regulatory Approaches
                                                Establishment of a Numeric Criterion                    index. Although listed in the index,                  II. Economic Analysis
                                                for Selenium for the State of California                some information is not publicly                         A. Identifying Affected Entities
                                                                                                                                                                 B. Method for Estimating Costs
                                                AGENCY:  Environmental Protection                       available, e.g., CBI or other information                C. Results
                                                Agency (EPA).                                           whose disclosure is restricted by statute.            VIII. Statutory and Executive Orders
                                                                                                        Certain other material, such as                          A. Executive Order 12866 (Regulatory
                                                ACTION: Proposed rule.
                                                                                                        copyrighted material, will be publicly                      Planning and Review) and Executive



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Document Created: 2018-12-13 01:16:08
Document Modified: 2018-12-13 01:16:08
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 January 14, 2019.
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) 886-6031, [email protected]
FR Citation83 FR 64056 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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