[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)]
[Rules and Regulations]
[Pages 91839-91841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30195]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0845; FRL-9956-62-Region 5]


Air Plan Approval; Michigan; Part 9 Miscellaneous Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
administrative revisions for incorporation into the Michigan's State 
Implementation Plan (SIP). The submittal, by the Michigan Department of 
Environmental Quality (MDEQ) on December 21, 2015, makes minor 
corrections to Michigan's Air Pollution Control Rules entitled 
``Emissions Limitations and Prohibitions--Miscellaneous.''

DATES: This rule is effective on February 17, 2017, unless EPA receives 
adverse written comments by January 18, 2017. If EPA receives adverse 
comments, EPA will publish a timely withdrawal of the rule in the 
Federal Register and inform the public that the rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0845 at http://www.regulations.gov or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the Web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the ``For Further Information Contact'' section. For the 
full EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6031, [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 did Michigan submit?
II. What action is EPA taking?
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. What did Michigan submit?

    On December 21, 2015, MDEQ submitted a request to EPA to make minor 
administrative revisions to rules in Chapter 336, Part 9. The revisions 
are described below:
    R 336.1906 (rule 906)--This existing rule requires notice to MDEQ 
for the placement of a device that dilutes or conceals emissions. MDEQ 
requests the rule that is currently in effect at the state level be 
incorporated into the SIP. The regulatory text of Michigan's current 
rule, effective May 20, 2015, is identical to the text of the SIP 
approved rule, which became effective March 19, 2002. The only revision 
to the text is the effective date of the rule. Because there are no 
substantive changes to language in the current version of the rule 
promulgated at the state, EPA finds the 2015 version of rule 906 
approvable into the SIP.
    R 336.1911 (rule 911) and R 336.1912 (rule 912)--The provisions of 
these rules do not allow emissions or specifically limit emissions from 
a source, process equipment, or operation. In the existing rule 911, it 
requires a malfunction abatement plan in certain situations. A person 
responsible for the operation of a source of an air contaminant shall 
prepare a malfunction abatement plan to prevent, detect, and correct 
malfunctions or equipment failures resulting in emissions exceeding any 
applicable emission limitation. In this rule the word ``commission'' 
was changed to ``department.'' Malfunction abatement plans are to be 
submitted to the department because the commission no longer exists.
    The existing rule 912 addresses notification and reporting 
requirements of excess emissions resulting from either an abnormal 
condition, start-up, shutdown, or malfunction of a source, process 
equipment, or operation. In section 912(5b), the word ``which'' was 
changed to ``that.''
    Because there are no substantive changes to the language in rules 
911 and 912, EPA finds the revisions acceptable for approval into the 
Michigan SIP.\1\
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    \1\ On June 12, 2015 (80 FR 33840), EPA finalized a SIP Call to 
address deficient SIP provisions regarding emissions during facility 
start-up, shutdown, and malfunctions. In this SIP Call, Michigan was 
required to revise a rule which allowed an affirmative defense for 
excess emissions during start-up or shutdown. The SIP Call did not 
include rule 911 or 912. These two rules address only planning and 
reporting requirements. Thus, they comply with EPA's policy on 
start-up, shutdown, and malfunctions.
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    Overall, the revisions to Part 9 make minor corrections to rules 
906, 911, and 912. The revisions are solely administrative, and do not 
make any substantive changes to the language in the rules. The 
revisions to these rules will not increase emissions of pollutants into 
the atmosphere.

II. What action is EPA taking?

    EPA is approving the December 21, 2015, request to revise 
Michigan's air pollution control rules in Part 9. The revisions will 
not increase emissions of pollutants into the atmosphere.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective February 17, 
2017 without further notice unless we receive relevant adverse written 
comments by January 18, 2017. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time. If we do not receive any comments, this action will be 
effective February 17, 2017.

[[Page 91840]]

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Michigan 
regulations described in the amendments to 40 CFR part 52 set forth 
below. Therefore, these materials have been approved by EPA for 
inclusion in the State implementation plan, have been incorporated by 
reference by EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference by 
the Director of the Federal Register in the next update to the SIP 
compilation.\2\ EPA has made, and will continue to make, these 
documents generally available electronically through 
www.regulations.gov and/or at the EPA Region 5 Office (please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).
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    \2\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order Reviews

    Under the Clean Air Act (CAA), the Administrator is required to 
approve a SIP submission that complies with the provisions of the CAA 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. Accordingly, 
this action merely approves state law as meeting Federal requirements 
and does not impose additional requirements beyond those imposed by 
state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 17, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: December 2, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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


0
2. In Sec.  52.1170, the table in paragraph (c) is amended by revising 
the entries for R 336.1906, R 336.1911, and R 336.1912 under the 
heading ``Part 9. Emission Limitations and Prohibitions--
Miscellaneous'' to read as follows:


Sec.  52.1170   Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Michigan Regulations
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                                                           State
    Michigan citation                Title            effective date    EPA approval date         Comments
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[[Page 91841]]

 
                                                  * * * * * * *
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                          Part 9. Emission Limitations and Prohibitions--Miscellaneous
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                                                  * * * * * * *
R 336.1906...............  Diluting and concealing         5/20/2015  12/19/2016 [insert
                            emissions.                                 Federal Register
                                                                       citation].
 
                                                  * * * * * * *
R 336.1911...............  Malfunction abatement           5/20/2015  12/19/2016 [insert
                            plans.                                     Federal Register
                                                                       citation].
R 336.1912...............  Abnormal conditions,            5/20/2015  12/19/2016 [insert
                            start-up, shutdown, and                    Federal Register
                            malfunction of a source,                   citation].
                            process, or process
                            equipment, operating,
                            notification, and
                            reporting requirements.
 
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[FR Doc. 2016-30195 Filed 12-16-16; 8:45 am]
 BILLING CODE 6560-50-P