[Federal Register Volume 84, Number 48 (Tuesday, March 12, 2019)]
[Rules and Regulations]
[Pages 8809-8811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04387]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0741; FRL-9990-42-Region 5]


Air Plan Approval; Michigan; Revisions to Part 1 General 
Provisions 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 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 administrative changes to the existing rule.

DATES: This final rule is effective on April 11, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2017-0741. 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. Public Comment
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). Part 1 is a 
compilation of the definitions used in Michigan's rules. 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. 
The revisions to Part 1 include a range of administrative changes, from 
grammatical corrections to language updates.
    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. Public Comment

    On December 13, 2018 (83 FR 64056), EPA published a notice of 
proposed rulemaking proposing approval of Michigan's Part 1 rule. The 
comment period closed on January 14, 2019. We received an anonymous 
comment that address subjects outside the scope of

[[Page 8810]]

our proposed action, does not explain (or provide a legal basis for) 
how the proposed action should differ in any way, and makes no specific 
mention of the substantive aspects of the proposed action. 
Consequently, this comment is not germane to this rulemaking and 
therefore, need not be addressed.

III. What action is EPA taking?

    EPA is approving the revisions to Michigan's Part 1, as a revision 
to the Michigan SIP, specifically for 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, and (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 approving 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 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 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 Clean Air Act 
(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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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);
     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).
    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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 13, 2019. 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, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 25, 2019.
Cheryl L Newton,
Acting Regional Administrator, Region 5.
    40 CFR part 52 is amended as follows:

[[Page 8811]]

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 entries under the heading ``Part 1. General Provisions'' to read as 
follows:


Sec.  52.1170  Identification of plan.

* * * * *
    (c) * * *


                                        EPA-Approved Michigan Regulations
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                                                            State
        Michigan citation                  Title          effective     EPA approval date         Comments
                                                             date
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                                           Part 1. General Provisions
----------------------------------------------------------------------------------------------------------------
R 336.1101.......................  Definitions; A......   12/20/2016  3/12/2019, [Insert    All except for (a)
                                                                       Federal Register      Act, (h) Air
                                                                       citation].            pollution, and (q)
                                                                                             Aqueous based parts
                                                                                             washer.
R 336.1102.......................  Definitions; B......   12/20/2016  3/12/2019, [Insert    ....................
                                                                       Federal Register
                                                                       citation].
R 336.1103.......................  Definitions; C......   12/20/2016  3/12/2019, [Insert    All except for (aa)
                                                                       Federal Register      Cold cleaner.
                                                                       citation].
R 336.1104.......................  Definitions; D......    3/28/2008  12/16/2013, 78 FR     R 336.1104.
                                                                       76064.
R 336.1105.......................  Definitions; E......    3/28/2008  12/16/2013, 78 FR     R 336.1105.
                                                                       76064.
R 336.1106.......................  Definitions; F......   12/20/2016  3/12/2019, [Insert    ....................
                                                                       Federal Register
                                                                       citation].
R 336.1107.......................  Definitions; G......   12/20/2016  3/12/2019, [Insert    ....................
                                                                       Federal Register
                                                                       citation].
R 336.1108.......................  Definitions; H......   12/20/2016  3/12/2019, [Insert    ....................
                                                                       Federal Register
                                                                       citation].
R 336.1109.......................  Definitions; I......   12/20/2016  3/12/2019, [Insert    ....................
                                                                       Federal Register
                                                                       citation].
R 336.1112.......................  Definitions; L......   12/20/2016  3/12/2019, [Insert    ....................
                                                                       Federal Register
                                                                       citation].
R 336.1113.......................  Definitions; M......   12/20/2016  3/12/2019, [Insert    ....................
                                                                       Federal Register
                                                                       citation].
R 336.1114.......................  Definitions; N......   12/20/2016  3/12/2019, [Insert    ....................
                                                                       Federal Register
                                                                       citation].
R 336.1115.......................  Definitions; O......   12/20/2016  3/12/2019, [Insert    All except for (d)
                                                                       Federal Register      `` ` Oral reference
                                                                       citation].            dose' or RfD' ''.
R 336.1116.......................  Definitions; P......   12/20/2016  3/12/2019, [Insert    ....................
                                                                       Federal Register
                                                                       citation].
R 336.1118.......................  Definitions; R......   12/20/2016  3/12/2019, [Insert    ....................
                                                                       Federal Register
                                                                       citation].
R 336.1119.......................  Definitions; S......   12/20/2016  3/12/2019, [Insert    All except for (c)
                                                                       Federal Register      Secondary risk
                                                                       citation].            screening level,
                                                                                             (q) State-only
                                                                                             enforceable, and
                                                                                             (x) Sufficient
                                                                                             evidence.
R 336.1120.......................  Definitions; T......   12/20/2016  3/12/2019, [Insert    All except for (f)
                                                                       Federal Register      `` ` Toxic air
                                                                       citation].            contaminant' or
                                                                                             `TAC' ''.
R 336.1121.......................  Definitions; U......   12/20/2016  3/12/2019, [Insert    ....................
                                                                       Federal Register
                                                                       citation].
R 336.1122.......................  Definitions; V......   12/20/2016  3/12/2019, [Insert    ....................
                                                                       Federal Register
                                                                       citation].
R 336.1123.......................  Definitions; W......   12/20/2016  3/12/2019, [Insert    All except for (c)
                                                                       Federal Register      Weight of evidence.
                                                                       citation].
R 336.1127.......................  Terms defined in the    1/19/1980  5/6/1980, 45 FR       ....................
                                    act.                               29790.
 
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[FR Doc. 2019-04387 Filed 3-11-19; 8:45 am]
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