[Federal Register Volume 83, Number 139 (Thursday, July 19, 2018)]
[Rules and Regulations]
[Pages 34050-34051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15339]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0100; FRL-9980-94--Region 5]


Air Plan Approval; Michigan; Revisions to Part 9 Miscellaneous 
Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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.

DATES: This final rule is effective on August 20, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2017-0100. 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 Charles Hatten, Environmental Engineer, at (312) 
886-6031 before visiting the Region 5 office.

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

I. What are the State rule revisions?

    On February 2, 2017, and supplemented on November 8, 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 
submitted 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. The revisions to Rule 902 have already been 
approved into Michigan's SIP, and the revisions to Rule 916 will be 
addressed in a future action.
    Michigan's Rule 930 specifies CO emission limits for large ferrous 
cupola operations with a melting capacity of 20 tons or more per hour. 
Rule 930 currently approved into the Michigan SIP only applies to 
ferrous cupola operations in Saginaw, Macomb, Oakland, and Wayne 
Counties in Michigan. 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.
    On May 3, 2018 (83 FR 19497), EPA published a notice of proposed 
rulemaking (NPR) proposing approval of Michigan's Part 9 Rule submitted 
by MDEQ on February 2, 2017, and supplemented on November 8, 2017, as a 
revision into Michigan's SIP. Specifically, we proposed 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 specific 
details of Michigan's SIP revision and the rationale for EPA's approval 
are discussed in the NPR.
    EPA received no comments on the proposed action.

II. What action is EPA taking?

    EPA is approving Michigan's Part 9, specifically for Rule 930 
submitted by MDEQ on February 2, 2017, and supplemented on November 8, 
2017, as a revision to the Michigan SIP.

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 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 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

[[Page 34051]]

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 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 September 17, 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: July 9, 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, the table in paragraph (c) is amended by revising 
the entry for ``R 339.1930'' under the heading ``Part 9. Emission 
Limitations and Prohibitions--Miscellaneous'' to read as follows:


Sec.  52.1170  Identification of plan.

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    (c) * * *

                                        EPA-Approved Michigan Regulations
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                                                         State
    Michigan citation               Title           effective date      EPA approval date          Comments
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                          Part 9. Emission Limitations and Prohibitions--Miscellaneous
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                                                  * * * * * * *
R 339.1930..............  Emission of carbon            12/20/2016  7/19/2018, [insert
                           monoxide from ferrous                     Federal Register
                           cupola operations.                        citation].
 
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[FR Doc. 2018-15339 Filed 7-18-18; 8:45 am]
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