[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)]
[Proposed Rules]
[Pages 64056-64059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26924]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0741; FRL-9987-73-Region 5]


Air Plan Approval; Michigan; Revisions to Part 1 General 
Provisions 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 December 12, 2017, and supplemented on August 9, 
2018, as a revision to Michigan's state implementation plan (SIP). The 
SIP submission incorporates several revisions to Michigan's Air 
Pollution Control Rules entitled ``Part 1--General Provisions.'' The 
revisions include

[[Page 64057]]

administrative changes to the existing rule.

DATES: Comments must be received on or before January 14, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2017-0741 at https://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 https://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 are the State rule revisions?
II. What is EPA's analysis of the State's submittal?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What are the State rule revisions?

    On December 12, 2017, and August 9, 2018, MDEQ submitted a request 
to EPA to incorporate revisions to Michigan's Air Pollution Control 
Rules entitled Part 1--General Provisions (Part 1). The submission 
revises the following Michigan's Air Pollution Control rules: R 
336.1101 to 1103, R 336.1106 to 1109, R 336.1112 to 1116, and R 
336.1118 to 1123. The revisions are primarily administrative changes.
    In the August 9, 2018, submission, MDEQ rescinded its request to 
modify Part 1 for the following definitions: R336.1101(a) ``Act,'' 
R336.1101(h) ``Air pollution,'' R336.1101(q) ``Aqueous based parts 
washer,'' and R336.1103(aa) ``Cold cleaner.''

II. What is EPA's analysis of the State's submittal?

Rule Revisions for Which EPA Is Proposing To Approve

    Part 1 is a compilation of the definitions used in Michigan's 
rules. The revisions to Part 1 include a range of administrative 
changes, from grammatical corrections to language updates. Examples of 
these revisions include changing terminology such as ``which'' to 
``that,'' or ``commission'' to ``department.''
    MDEQ revised the language in several rules to be consistent with 
rule R 336.1902, namely, requiring all of the ``Adoption by reference'' 
for various test methods be located in R 336.1902. For example, the 
definitions of ``Heavy liquids,'' ``PM-10,'' ``PM 2.5,'' ``Reid vapor 
pressure,'' ``True vapor pressure,'' and ``Waxy, heavy pour crude 
oil,'' the revised rule language shows that the applicable test method 
adopted by reference is in R 336.1902.
    In rule R 336.1122(f) MDEQ updated the definition of ``Volatile 
organic compound'' (VOC) to reflect revisions made to the Federal 
definition at 40 CFR 51.100(s). MDEQ amended the list of compounds 
excluded from the definition of VOC to add the following six compounds: 
(1.) HCF2OCF2H (HFE-134), (2.) 
HCF2OCF2OCF2H (HFE-236cal2), (3.) 
HCF2OCF2CF2OCF2H (HFE-
338pcc13), (4.) 
HCF2OCF2OCF2CF2OCF2
H (H-Galden 1040X or H-Galden ZT 130 (or 150 or 180)), (5.) Trans 1-
chloro-3,3,3-trifluoroprop-1-ene (Solstice \TM\ 1233zd(E)), and (6.) 2-
amino-2-methyl-1-propanol (AMP). These additional compounds were 
determined by EPA to have negligible photochemical reactivity, and 
therefore, EPA does not expect them to make a significant contribution 
to ozone formation.\1\ MDEQ also updated an existing exemption for the 
compound t-butyl acetate to be consistent with EPA's removal of the 
recordkeeping, emissions reporting, photochemical dispersion modeling 
and inventory requirements related to the use of t-butyl acetate as a 
VOC. See 81 FR 9339 (February 25, 2016).
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    \1\ See 78 FR 9823, February 12, 2013; 78 FR 53029, August 28, 
2013; 79 FR 17037, March 27, 2014.
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    Last, other modifications to Part 1 include the deletion and 
addition of several definitions. MDEQ revised Part 1 to remove 
definitions that are unclear, incorrect, redundant, or no longer used 
in Michigan's rules. MDEQ removed ``Allowed emissions,'' ``Federal land 
manager,'' ``Linearized multistage computer model,'' ``Offset ratio,'' 
and ``Very large precipitator.'' In like manner, MDEQ revised Part 1 by 
adding the following definitions: ``Adhesion prime,'' ``Air pollution 
control equipment,'' ``Applicant,'' ``Federally enforceable,'' ``Field 
gas,'' ``Field testing,'' ``Flexible coating,'' and ``Fog coat,'' 
``Organic resin,'' ``Secondary emissions,'' ``Significant,'' ``Stencil 
coat,'' ``Styrene devolatilizer unit,'' ``Styrene recovery unit,'' 
``Synthetic natural gas,'' ``Synthetic organic chemical and polymer 
manufacturing plant,'' ``Synthetic organic chemical and polymer 
manufacturing process unit,'' ``Used oil,'' and ``Wayne county 
permit.''
    EPA finds these changes are acceptable and thus is proposing their 
approval into the Michigan SIP.

Rule Revision for Which EPA Is Taking No Action

R 336.1103 Definitions; C
    In rule R 336.1103, MDEQ requested the removal of (pp) from the 
definition of ``Creditable.'' EPA is taking no action to remove this 
definition from Michigan's SIP because EPA already removed the 
definition from Part 1 in a previous rulemaking. See 78 FR 76064 
(December 16, 2013).
R 336.1119 Definitions; S
    MDEQ amended this rule by adding (c) for the definition ``Secondary 
risk screening level,'' and (q) for the definition ``State-only 
enforceable.'' Secondary risk screening level means ``the concentration 
of a possible, probable, or known human carcinogen in ambient air which 
has been calculated, for regulatory purposes, according to the risk 
assessment procedures in R 336.1229(1), to produce an estimated upper-
bound lifetime cancer risk of 1 in 100,000.'' State-only enforceable 
means ``that the limitation or condition is derived solely from the act 
and the air pollution control rules and is not federally enforceable. 
State-only enforceable requirements include R 336.1224, R 336.1225, R 
336.1901, any permit requirement established solely pursuant to R 
366.1201(1)(b), or any other regulation that is enforceable

[[Page 64058]]

solely under the act and is not federally enforceable.'' EPA is taking 
no action on these State-only provisions.
R 336.1120 Definitions; T
    In rule 336.1120(f), ```Toxic air contaminant' or `TAC''' is 
defined as ``any air contaminant for which there is no National Ambient 
Air Quality Standard (NAAQS) and which is or may become harmful to 
public health or the environment when present in the outdoor atmosphere 
in sufficient quantities and duration.'' This definition includes a 
list of exempt substances that are not considered TACs. MDEQ amended 
the list of exempt substances to add the following: ``animal or plant 
materials, including extracts and concentrates thereof, used as 
ingredients in food products or dietary supplements in accordance with 
applicable regulations of the United States Food and Drug 
Administration.'' EPA is taking no action on this amendment to rule R 
336.1120(f).
Other Revisions to Part 1
    MDEQ revised Part 1 to add the following definitions: R 336.1115(d) 
for ```Oral reference dose' or `RfD','' R 336.1119(x) for ``Sufficient 
evidence,'' and R 336.1123(c) for ``Weight of evidence.'' EPA is taking 
no action on these definitions.
Section 110(l) Analysis of the State's Submittal
    EPA is proposing to approve the revisions to Part 1 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 1 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. Part 1 
rules are definitions and are not meant to affect any sources. The 
changes to the definitions in Part 1 rules will have no effect on 
actual or allowable emissions as they only clarify words and phrases 
within other rules.
    MDEQ has shown there is no impact of revising Part 1 rule that 
would hinder Michigan's ability to maintain and meet the NAAQS for 
nitrogen dioxide, ozone, lead, particulate matter, sulfur dioxide, and 
carbon monoxide. Therefore, these revisions to Part 1 are approvable as 
they are merely administrative changes. The revisions will not increase 
any emissions to the atmosphere because they do not impact on any 
source applicability or emissions.

III. What action is EPA taking?

    EPA is proposing to approve revisions to Michigan's Part 1 Rule 
submitted by MDEQ on December 12, 2017, and supplemented on August 9, 
2018, as a revision to the Michigan SIP.
    Michigan requested that EPA approve the following rules: R 336.1101 
Definitions; A (except for (a) Act, (h) Air pollution, and (q) Aqueous 
based parts washer), R 336.1102 Definitions: B, R 336.1103 Definitions 
C (except for (aa) Cold cleaner), R 336.1106 Definitions; F, R 336.1107 
Definitions; G, R 336.1108 Definitions; H, R 336.1109 Definitions; I, R 
336.1112 Definitions; L, R 336.1113 Definitions; M, R 336.1114 
Definitions; N, R 336.1115 Definitions; O (except for (d) ```Oral 
reference dose' or `RfD'''), R 336.1116 Definitions; P, R 336.1118 
Definitions; R, R 336.1119 Definitions; S (except for (c) Secondary 
risk screening level, (q) State-only enforceable, and (x) Sufficient 
evidence), R 336.1120 Definitions; T (except for (f) ```Toxic air 
contaminant' or `TAC'''), R 336.1121 Definitions; U, R 336.1122 
Definitions; V, R 336.1123 Definitions; W (except for (c) Weight of 
evidence). We are also proposing approval of a revision removing the 
following definitions from Part 1: ``Allowed emissions,'' ``Federal 
land manager,'' ``Linearized multistage computer model,'' ``Offset 
ratio,'' and ``Very large precipitator.''
    EPA is not taking any action on R 336.1103(pp) ``Creditable,'' R 
336.1115(d) ```Oral reference dose' or `RfD','' 336.1119(c) ``Secondary 
risk screening level,'' R 336.1119(q) ``State-only enforceable,'' R 
336.1119(x) ``Sufficient evidence,'' R 336.1120(f) ```Toxic air 
contaminant' or `TAC','' and R 336.1123(c) ``Weight of evidence.''

IV. 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 336.1101 Definitions; A 
(except for (a) Act, (h) Air pollution, and (q) Aqueous based parts 
washer), R 336.1102 Definitions: B, R 336.1103 Definitions C (except 
for (aa) Cold cleaner), R 336.1106 Definitions; F, R 336.1107 
Definitions; G, R 336.1108 Definitions; H, R 336.1109 Definitions I, R 
336.1112 Definitions; L, R 336.1113 Definitions; M, R 336.1114 
Definitions; N, R 336.1115 Definitions; O (except for (d) ```Oral 
reference dose' or `RfD'''), R 336.1116 Definitions; P, R 336.1118 
Definitions; R, R 336.1119 Definitions; S (except for (c) Secondary 
risk screening level, (q) State-only enforceable, and (x) Sufficient 
evidence), R 336.1120 Definitions; T (except for (f) ```Toxic air 
contaminant' or `TAC'''), R 336.1121 Definitions; U, R 336.1122 
Definitions; V, R 336.1123 Definitions; W (except for (c) Weight of 
evidence), 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).

V. 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.);
     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);

[[Page 64059]]

     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, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: November 27, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018-26924 Filed 12-12-18; 8:45 am]
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