[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Rules and Regulations]
[Pages 30571-30573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13953]



[[Page 30571]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0100; EPA-R05-OAR-2017-0501; FRL-9980-08--Region 5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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: This final rule is effective on July 30, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2017-0100 and EPA-R05-OAR-2017-0501. All documents in 
the docket are listed on the www.regulations.gov website. Although 
listed in the index, some information is not publicly available, i.e., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either through www.regulations.gov or at the 
Environmental Protection Agency, Region 5, Air and Radiation Division, 
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
Federal holidays. We recommend that you telephone Steven Rosenthal, 
Environmental Engineer, at (312) 886-6052 before visiting the Region 5 
office.

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].

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

I. Background
II. What action is EPA taking?
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background

    Michigan revised its rule R 336.1618 ``Use of cutback or emulsified 
paving asphalt'' along with several other of its VOC rules. Michigan 
also revised rules R 336.1611 to R 336.1614, R 336.1619, R 336.1622, R 
336.1625, R336.1627 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.
    On March 30, 2018 (83 FR 13710) EPA published a notice of proposed 
rulemaking (NPR) proposing approval of Michigan's VOC revisions. The 
specific details of Michigan's VOC revisions and the rationale for 
EPA's approval are discussed in the NPR and will not be restated here. 
EPA received no relevant comments on this proposal.

II. What action is EPA taking?

    EPA is approving Michigan's VOC revisions in Part 6 and Part 9 
because they satisfy the EPA's requirement of reasonably available 
control technology.

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. 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). 
Therefore, these materials have been approved by EPA for inclusion in 
the SIP, 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 in the next update to the SIP 
compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (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 Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible

[[Page 30572]]

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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 28, 2018. 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. 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, Ozone, Reporting and 
recordkeeping requirements, and Volatile organic compounds.

    Dated: June 18, 2018.
Cathy Stepp,
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 amend the table in paragraph (c) by:
0
a. Revising the entries under the heading ``Part 6: Emission 
Limitations and Prohibitions--Existing Sources of Volatile Organic 
Compound Emissions'', for rules ``R 336.1611'', ``R 336.1612'', ``R 
336.1613'', ``R 336.1614'', ``R 336.1618'', ``R 336.1619'', ``R 
336.1622'', ``R 336.1625'', ``R336.1627'', ``R 336.1628'', ``R 
336.1629'', ``R 336.1632'', ``R 336.1651'', ``R 336.1660'', and ``R 
336.1661'';
0
b. Adding an entry under the heading ``Part 9: Emission Limitations and 
Prohibitions--Miscellaneous'' for rule ``R 336.1902'' in numerical 
order.
    The addition and revisions 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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     Part 6: Emission Limitations and Prohibitions--Existing Sources of Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
R 336.1611..................  Existing cold               3/29/2017  6/29/2018, [Insert
                               cleaners.                              Federal Register
                                                                      citation].
R 336.1612..................  Existing open top           3/29/2017  6/29/2018, [Insert
                               vapor degreasers.                      Federal Register
                                                                      citation].
R 336.1613..................  Existing conveyorized       3/29/2017  6/29/2018, [Insert
                               cold cleaners.                         Federal Register
                                                                      citation].
R 336.1614..................  Existing conveyorized       3/29/2017  6/29/2018, [Insert
                               vapor degreasers.                      Federal Register
                                                                      citation].
 
                                                  * * * * * * *
R 336.1618..................  Use of cutback or           3/29/2017  6/29/2018, [Insert
                               emulsified paving                      Federal Register
                               asphalt.                               citation].
R 336.1619..................  Standards for               3/29/2017  6/29/2018, [Insert
                               perchloroethylene                      Federal Register
                               dry cleaning                           citation].
                               equipment.
 
                                                  * * * * * * *
R 336.1622..................  Emission of volatile        3/29/2017  6/29/2018, [Insert
                               organic compounds                      Federal Register
                               from existing                          citation].
                               components of
                               petroleum
                               refineries; refinery
                               monitoring program.
 

[[Page 30573]]

 
                                                  * * * * * * *
R 336.1625..................  Emission of volatile        3/29/2017  6/29/2018, [Insert
                               organic compound                       Federal Register
                               from existing                          citation].
                               equipment utilized
                               in manufacturing
                               synthesized
                               pharmaceutical
                               products.
R 336.1627..................  Delivery vessels;           3/29/2017  6/29/2018, [Insert
                               vapor collection                       Federal Register
                               systems.                               citation].
R 336.1628..................  Emission of volatile        3/29/2017  6/29/2018, [Insert
                               organic compounds                      Federal Register
                               from components of                     citation].
                               existing process
                               equipment used in
                               manufacturing
                               synthetic organic
                               chemicals and
                               polymers; monitoring
                               program.
R 336.1629..................  Emission of volatile        3/29/2017  6/29/2018, [Insert
                               organic compounds                      Federal Register
                               from components of                     citation].
                               existing process
                               equipment used in
                               processing natural
                               gas; monitoring
                               program.
 
                                                  * * * * * * *
R 336.1632..................  Emission of volatile        3/29/2017  6/29/2018, [Insert
                               organic compounds                      Federal Register
                               from existing                          citation].
                               automobile, truck,
                               and business machine
                               plastic part coating
                               lines.
R 336.1651..................  Standards for               3/29/2017  6/29/2018, [Insert
                               degreasers.                            Federal Register
                                                                      citation].
R 336.1660..................  Standards for               3/29/2017  6/29/2018, [Insert
                               volatile organic                       Federal Register
                               compounds emissions                    citation].
                               from consumer
                               products.
R 336.1661..................  Definitions for             3/29/2017  6/29/2018, [Insert
                               consumer products.                     Federal Register
                                                                      citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                          Part 9: Emission Limitations and Prohibitions--Miscellaneous
----------------------------------------------------------------------------------------------------------------
R 336.1902..................  Adoption of Standards      12/20/2016  6/29/2018, [Insert     Only sections
                               by reference.                          Federal Register       (1)(a), (b)(i),
                                                                      citation].             (b)(iii), (b)(iv),
                                                                                             (b)(vii),
                                                                                             (b)(viii), (c),
                                                                                             (d), (e), (f), (g),
                                                                                             (i), (j), (k), (l),
                                                                                             (m), (n), and (s);
                                                                                             (2)(b), (e), and
                                                                                             (g); (3)(a);
                                                                                             (4)(a), (b), (c),
                                                                                             (d), (e), (f), (l),
                                                                                             (m),(o), and (p);
                                                                                             (5); (8); and (9).
 
                                                  * * * * * * *
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[FR Doc. 2018-13953 Filed 6-28-18; 8:45 am]
 BILLING CODE 6560-50-P