[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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