[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Proposed Rules]
[Pages 13710-13712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06543]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0100; EPA-R05-OAR-2017-0501; FRL-9976-10--Region 5]


Air Plan Approval; Michigan; Revisions to Volatile Organic 
Compound Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revised rules submitted by the State of Michigan as State 
Implementation Plan (SIP) revisions. The main revision specifies 
volatile organic compound (VOC) limits for cutback and emulsified 
asphalts as well as the test methods for determining the VOC content of 
these products. Michigan also moved the adoption by reference citations 
from Part 6. Emission Limitations and Prohibitions--Existing Sources of 
Volatile Organic Emissions to Part 9. Emission Limitations and 
Prohibitions--Miscellaneous and updated references to federal test 
methods in several of its Part 6 rules.

DATES: Comments must be received on or before April 30, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2017-0100 or EPA-R05-OAR-2017-0501 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: Steven Rosenthal, Environmental 
Engineer, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6052, 
[email protected].

[[Page 13711]]


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

I. What are the State rule revisions?
II. Did the State hold public hearings for these submittals?
III. What is EPA's analysis of the State's submittals?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What are the State rule revisions?

    Michigan revised its rule R 336.1618 ``Use of cutback or emulsified 
paving asphalt'' along with several other of its VOC rules. Cutback 
asphalt is asphalt that has been liquefied by blending with an organic 
solvent. Emulsified asphalt is asphalt that has been liquefied by 
mixing with water and an emulsifying agent. Both types of asphalt are 
used to pave or repair road surfaces. The revision to R 336.1618 
clarifies VOC limits for cutback and emulsified asphalts and specifies 
testing requirements for determining the VOC content of these products. 
Michigan also revised rules R 336.1611 to R 336.1614, R 336.1619, R 
336.1622, R 336.1625, R 336.1627 to R 336.1629, R 336.1632, R 336.1651, 
R 336.1660, and R 336.1661 for the purpose of removing adoptions by 
reference which have been moved to, and consolidated in, R 336.1902 
``Adoption of standards by reference.'' Revisions to R 336.1622, R 
336.1627 to R 336.1629, and R 336.1632 update references to federal 
test methods. These revisions were submitted on August 1, 2017.
    Michigan submitted a revised R 336.1902 on February 7, 2017 as part 
of a separate rulemaking action. Michigan subsequently replaced the 
February 7, 2017 submittal with a November 8, 2017 supplemental 
submittal for its Part 9 rules in which it requested that only the 
following sections of R 336.1902 be included in its SIP. R 
336.1902(1)(a), (1)(b)(iii), (iv), (vii) and (viii), (1)(c) to (e), 
(1)(g), (1)(i) to (n), (1)(s), (2)(b), (2)(e), (2)(g), (4)(a) to (f), 
(4)(l), (4)(o) and (p), (5), (8) and (9). In a February 6, 2018 memo 
from Michigan to EPA, it clarified that R 336.1902(4)(p) is the correct 
version of ASTM Method E169 for inclusion into the SIP; and R 
336.1902(1)(b)(i), R 336.1902(3)(a) AND R 336.1902(4)(m) should be 
included in the Part 9 SIP revisions submitted in February and November 
2017. In a February 26, 2018 memo from Michigan to EPA it clarified 
that R 336.1902(1)(f) should also be included in the SIP.

II. Did the State hold public hearings for these submittals?

    A public hearing on these Part 6 rule revisions was held on 
November 14, 2016. Only one comment was received and it was not 
addressed as it was not directed towards the subject rule revisions. A 
public hearing on the Part 9 (specifically R 336.1902) rule revisions 
was held on May 2, 2016 and no comments were received.

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

A. Rule 618--Use of Cutback or Emulsified Paving Asphalt

    The current SIP-approved version of Rule 618 only applies to 
cutback asphalts and requires Michigan Department of Environmental 
Quality (MDEQ) approval for use of cutback asphalts during the ozone 
season. Michigan revised its rules to clarify the requirements for 
cutback and emulsified asphalts under Rule 618. The revisions include a 
VOC content limit that determines whether an asphalt product can be 
used during the ozone season. In its current SIP-approved rule, cutback 
asphalts can only be used during the ozone season with MDEQ approval 
and there is no requirement that the products used during ozone season 
have a low VOC content. The revised rule specifies a 3 percent VOC 
content limit to ensure that only low-emitting asphalt products are 
used during the ozone season. An October 4, 1979 policy memorandum 
titled ``Clarification for Final SIP Actions on Asphalt Regulations'' 
states that maximum solvent contents in the range of 5 to 7 percent are 
acceptable. This VOC content limitation for asphalt usage during the 
warmer ozone months should result in lower VOC emissions from the use 
of asphalt products. The revised rule also added definitions for 
asphalts, emulsified asphalts, as well as cutback asphalts, and 
specifies the test methods used to determine the VOC content of the 
asphalts. This rule is therefore approvable because it has an even 
lower VOC content than what is acceptable as RACT and is more 
enforceable than the existing SIP approved rule because it contains 
specific test methods for determining the percent VOC from both 
emulsified and cutback asphalt and the rule also requires that records 
be maintained of the manufacture, mixing, storage, use or application 
of any cutback or emulsified asphalt, including the VOC content of 
these asphalts.

B. Remaining Revisions--Incorporations by Reference

    Michigan also revised rules R 336.1611 to R 336.1614, R 336.1619, R 
336.1622, R 336.1625, R 336.1627 to R 336.1629, R 336.1632, R 336.1651, 
R 336.1660, and R 336.1661 for the purpose of removing adoptions by 
reference which have been moved to and consolidated in R 336.1902 
``Adoption of standards by reference.''
    The following rules contain the adoption of standards by reference 
that have been moved from the rules listed above: R 336.1902(1)(a), 
(1)(b)(i), (iii), (iv), (vii) and (viii), (1)(c) to (g), (1)(i) to (n), 
(1)(s), (2)(b), (2)(e), (2)(g), (3)(a), (4)(a) to (f), (4)(l), (4)(m), 
(4)(o) and (p), (5), (8) and (9). These revisions are approvable as 
they merely move the location of the adoption of standards by 
reference.

IV. What action is EPA taking?

    EPA is proposing to approve the revisions to Michigan's Part 6 
Rules that were submitted on August 1, 2017, as revisions of the 
Michigan SIP. Specifically, we are approving R 336.1611 to R 336.1614, 
R 336.1618, R 336.1619, R 336.1622, R 336.1625, R 336.1627 to R 
336.1629, R 336.1632, R 336.1651, R 336.1660, and R 336.1661 into the 
Michigan SIP.
    We are also proposing to approve revisions to Michigan's Part 9 
rules that were submitted on November 8, 2018 and February 6, 2018. 
Specifically, we are approving R 336.1902(1)(a), (1)(b)(i), (iii), 
(iv), (vii) and (viii), (1)(c) to (g), (1)(i) to (n), (1)(s), (2)(b), 
(2)(e), (2)(g), (3)(a), (4)(a) to (f), (4)(l), (4)(m), (4)(o) and (p), 
(5), (8) and (9).

V. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA proposes to incorporate by 
reference Michigan Administrative Code R 336.1902(1)(a), R 
336.1902(1)(b)(iii), (iv), (vii) and (viii), R 336.1902(1)(c) to (g), R 
336.1902(1)(i) to (n), R 336.1902(1)(s), R 336.1902(2)(b), R 
336.1902(2)(e), R 336.1902(2)(g), R 336.1902(4)(a) to (f), R 
336.1902(4)(l), R 336.1902(4)(o) and (p), R 336.1902(5), R 336.1902(8), 
and R 336.1902(9), effective December 20, 2016, and Michigan 
Administrative Code R 336.1611, R 336.1612, R 336.1613, R 336.1614, R 
336.1618, R 336.1619, R 336.1622, R 336.1625, R 336.1627, R 336.1628, R 
336.1629, R 336.1632, R 336.1651, R 336.1660, and R 336.1661, effective 
March 29, 2017. EPA has

[[Page 13712]]

made, and will continue to make, these documents generally available 
through www.regulations.gov and at the EPA Region 5 Office (please 
contact the person identified in the For Further Information Contact 
section of this preamble for more information).

VI. Statutory and Executive Order Reviews

    Under the 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);
     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);
     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, Incorporation by 
reference, Intergovernmental relations, Volatile organic compounds, and 
Ozone.

    Dated: March 20, 2018.
Edward H. Chu,
Acting Regional Administrator, Region 5.
[FR Doc. 2018-06543 Filed 3-29-18; 8:45 am]
 BILLING CODE 6560-50-P