[Federal Register Volume 83, Number 86 (Thursday, May 3, 2018)]
[Proposed Rules]
[Pages 19497-19499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09414]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0100; FRL-9977-53-Region 5]


Air Plan Approval; Michigan; Revisions to Part 9 Miscellaneous 
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 February 2, 2017, and supplemented on November 8, 
2017, to revise the Michigan state implementation plan (SIP) for carbon 
monoxide (CO). The revision incorporates changes to Michigan's Air 
Pollution Control Rules entitled ``Emissions Limitations and 
Prohibitions--Miscellaneous.'' The revision updates existing source-
specific rule requirements for ferrous cupola operations by removing 
obsolete rule language and makes a minor change to correct the citation 
to a Federal test method. The revision continues to result in 
attainment of the CO national ambient air quality standard (NAAQS).

DATES: Comments must be received on or before June 4, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2017-0100 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) 886-3031, [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. Did the State hold public hearings for the submittal?
III. What is EPA's analysis of the State's submittal?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What are the State rule revisions?

    On February 2, 2017, MDEQ submitted a request to incorporate 
revisions to Michigan's Air Pollution Control Rules in Chapter 336, 
Part 9--Emissions Limitations and Prohibitions--Miscellaneous (Part 9) 
in the Michigan SIP. Michigan's submittal included revisions to three 
separate rules in Part 9: R 336.1902--``Adoption of standards by 
reference'' (rule 902); R 336.1916--``Affirmative defense for excess 
emissions during start-up or shutdown'' (rule 916); and R 336.1930--
``Emission of carbon monoxide from ferrous cupola operations'' (rule 
930). This rule will only take action on rule 930, while the revisions 
to rule 902 and 916 will be addressed separately.
    Michigan's rule 930 specifies CO emission limits for large ferrous 
cupola operations with a melting capacity of 20 tons or more per hour. 
The version of rule 930 currently approved into the Michigan SIP only 
applies to ferrous cupola operations in Saginaw, Macomb, Oakland, and 
Wayne Counties in Michigan.\1\ The rule is designed to require 
installation of afterburner control system, or equivalent, which 
reduces the CO emissions from the ferrous cupola by 90 percent.
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    \1\ EPA approved rule 930 on May 6, 1980 (45 FR 29790).

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[[Page 19498]]

    MDEQ revised rule 930 to clarify rule requirements and 
applicability. MDEQ removed the compliance date of December 31, 1982, 
and replaced it with a general compliance requirement because the 
compliance date has passed. MDEQ also removed language outlining the 
details of a compliance plan, instead requiring immediate compliance. 
MDEQ removed the applicability of rule 930 in Saginaw, Macomb and 
Oakland Counties where ferrous cupola operations no longer exist. Wayne 
County is the only remaining area subject to rule 930.
    Finally, MDEQ corrected the citation to the Federal test method 
used to determine CO emission rates for rule compliance. The change to 
rule 930 clarifies that 40 CFR part 60, appendix A, reference test 
method 10 must be used to determine CO emission rates for rule 
compliance, and clarifies that this test method is adopted by reference 
in rule 902.

II. Did the State hold public hearings for the submittal?

    A public hearing on the Part 9 (specifically rule 930) rule 
revisions was held on May 2, 2016, and no comments were received.

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

    The removal of the compliance plan requirement from rule 930 and 
the replacement of the December 21, 1982, compliance date with a 
general compliance requirement is acceptable because the revised 
language requires immediate compliance.
    The removal of Saginaw, Macomb, and Oakland Counties from the list 
of areas subject to rule 930 is also acceptable because there are no 
ferrous cupola sources located in these counties. As part of MDEQ's 
reassessment of rule 930 in 2013, MDEQ conducted a search of the 
Michigan Air Emissions Reporting System and found that there are no 
ferrous cupola sources in the Saginaw, Macomb, Oakland, or Wayne 
Counties. Thus, MDEQ chose to revise the areas subject to rule 930 
listed in table 91 by removing Saginaw, Macomb, and Oakland Counties.
    Last, the administrative changes to rule 930 that correct the 
citation to the Federal test method is acceptable because the revised 
language clarifies that 40 CFR part 60, appendix A, reference test 
method 10 must be used to determine CO emission rates for rule 
compliance and its adoption by reference in rule 902. EPA is taking 
action to approve the revisions to rule 902 in a separate rulemaking.

Section 110(l) Analysis of the State's Submittal

    EPA is proposing to approve the revisions to rule 930 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 9 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. MDEQ has 
shown that the impact of revising rule 930 continues to result in 
attainment of the CO NAAQS. Replacing the obsolete compliance date and 
compliance plan with a general compliance requirement results in 
requiring immediate compliance, which is not a relaxation to the SIP. 
Removing the applicability to areas of the state that no longer contain 
ferrous cupola sources will have no effect on any emissions and will 
not interfere with the attainment or maintenance of the CO NAAQS, or 
any other applicable requirements of the CAA, including the attainment 
or maintenance of the nitrogen dioxide, lead, particulate matter, or 
sulfur dioxide NAAQS.
    In addition, any new ferrous cupola operations subject to rule 930 
that may be sited in Michigan would have to meet the EPA- approved New 
Source Review permitting requirements (R 336.1201 to R 336.1209), which 
would ensure that the CO NAAQS would not be exceeded in Saginaw, 
Macomb, or Oakland Counties, regardless of their exclusion from rule 
930.

IV. What action is EPA taking?

    EPA is proposing to approve the revision to Michigan's Part 9 Rule 
submitted by MDEQ on February 2, 2017, and supplemented on November 8, 
2017, as a revision to the Michigan SIP. Specifically, we are proposing 
to approve the revision that updates the applicability of rule 930 to: 
(1) Remove an obsolete compliance date and requires immediate 
compliance, (2) remove the areas of the state that no longer contain 
ferrous cupola sources subject to the rule, and (3) correct the 
citation to a Federal test method to determine CO emission rates for 
rule compliance. The revision to this rule will not increase emissions 
of CO to the atmosphere because no CO emission limits are revised.
    Michigan's Part 9 rule also included revisions to rule 902 and rule 
916. EPA is taking action to approve the revisions to rule 902 in a 
separate rulemaking. EPA will also address the revisions to rule 916 
separately.

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 336.1930 Emission of carbon 
monoxide from ferrous cupola operations, 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).

VI. 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.);

[[Page 19499]]

     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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Volatile 
organic compounds and Ozone.

    Dated: April 25, 2018.
Edward H. Chu,
Acting Regional Administrator, Region 5.
[FR Doc. 2018-09414 Filed 5-2-18; 8:45 am]
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