[Federal Register Volume 84, Number 165 (Monday, August 26, 2019)]
[Rules and Regulations]
[Pages 44543-44545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18241]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2007-1092; MI-87-1; EPA-R05-OAR-2018-0121; FRL-9998-75-
Region 5]


Air Plan Approval; Michigan; Ohio; Corrections

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: This action corrects codification errors in the Michigan State 
Implementation Plan (SIP) for changes to the Permit to Install 
requirements of Part 2 and the Emission Limitations and Prohibitions 
found in the Part 9 rules of the Michigan Administrative Code. This 
action also corrects a codification error in the Ohio SIP for changes 
to the Ohio air permitting rules at Ohio Administrative Code (OAC) 
3745-31.

DATES: This final rule is effective on August 26, 2019.

FOR FURTHER INFORMATION CONTACT: Christos Panos, 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) 353-8328, 
[email protected].

SUPPLEMENTARY INFORMATION: On separate occasions, the Environmental 
Protection Agency (EPA) made inadvertent codification errors when it 
approved revisions to Michigan's and Ohio's SIP. The first of these 
took place on September 6, 2006 (71 FR 52467). At that time, EPA 
approved revisions to the format of materials submitted by the state of 
Michigan that are incorporated by reference (IBR) into its SIP and 
amended the list of EPA-approved Michigan regulations at 40 CFR 52. 
1170(c), which included Michigan's Part 9 rules. In the final rule 
published in the Federal Register on September 6, 2006 (71 FR 52467, on 
page 52475, EPA mistakenly listed the Part 9 rules with a prefix of R 
339 instead of R 336. The prefix was subsequently corrected for R 
336.1912 on October 26, 2007 (72 FR 60783) on page 60786, and for R 
336.1902 on June 29, 2018 (83 FR 30571) on page 30573. This document 
corrects the prefix for the remaining Part 9 rules cited in 40 CFR 
52.1170(c) as R 339.1906, R 339.1910, R 339.1911, R 339.1915, R 
339.1916, and R 339.1930 by changing the prefix so the rules will now 
read as R 336.1906, R 336.1910, R 336.1911, R 336.1915, R 336.1916, and 
R 336.1930.
    The second action took place on August 31, 2018 (83 FR 44485). At 
that time, EPA published a final rule approving changes to the State of 
Michigan's minor source permitting rules that are contained in Part 2 
of the Michigan Administrative Code. However, the codification of that 
action erroneously listed the state effective date for Rules 336.1203, 
336.1204, 336.1206, 336.1212, and 336.1216 as 7/26/1995, when the 
correct state effective date should be 7/01/2003. This document 
corrects the erroneous amendatory language published in the Federal 
Register on August 31, 2018 (83 FR 44485), in the table entitled ``EPA-
Approved Michigan Regulations'' on page 44497, for entries R 336.1203, 
R 336.1204, R 336.1206, R 336.1212, and R 336.1216 by citing the state 
effective date to read 7/01/2003.
    The third action took place on March 7, 2019 (84 FR 8257). At that 
time, EPA published a final rule approving changes to the State of 
Ohio's air permitting rules at OAC 3745-31. However, the codification 
of that action erroneously listed the state effective date for rule 
3745-31-01 as 5/01/2016, when the correct state effective date should 
be 3/20/2017. This document corrects the erroneous amendatory language 
published in the Federal Register on March 7, 2019 (84 FR 8257), in the 
table entitled ``EPA-Approved Ohio Regulations'' on page 8259, for 
entry 3745-31-01 by citing the state effective date to read 3/20/2017.
    This action amends the regulatory text to correct these errors. 
Section 553 of the Administrative Procedure Act, 5 U.S.C. 553(b)(B), 
provides that, when an agency for good cause finds that notice and 
public procedure are impracticable, unnecessary or contrary to the 
public interest, the agency may issue a rule without providing notice 
and an opportunity for public comment. We have determined that there is 
good cause for making today's rule final without prior proposal and 
opportunity for comment because we are merely correcting incorrect 
citations in previous actions. Thus, notice and public procedure are 
unnecessary. We find that this constitutes good cause under 5 U.S.C. 
553(b)(B).

Statutory and Executive Order Reviews

    Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993), 
this action is not a ``significant regulatory action'' and is therefore 
not subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to E.O. 13211, ``Actions

[[Page 44544]]

Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001). This action is not 
an E.O. 13771 (82 FR 9339, February 2, 2017) regulatory action because 
this action is not significant under E.O. 12866. Because the agency has 
made a ``good cause'' finding that this action is not subject to 
notice-and-comment requirements under the Administrative Procedures Act 
or any other statute as indicated in the Supplementary Information 
section above, it is not subject to the regulatory flexibility 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or 
to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 
(UMRA) (Pub. L. 104-4). In addition, this action does not significantly 
or uniquely affect small governments or impose a significant 
intergovernmental mandate, as described in sections 203 and 204 of 
UMRA. 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 E.O. 13175 (65 FR 67249, November 9, 2000). This rule will 
not have substantial direct effects on the States, on the relationship 
between the National Government and the States, or on the distribution 
of power and responsibilities among the various levels of governments, 
as specified by E.O. 13132 (64 FR 43255, August 10, 1999). This rule 
also is not subject to E.O. 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    This technical correction action does not involve technical 
standards; thus the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do 
not apply. The rule also does not involve special consideration of 
environmental justice related issues as required by E.O. 12898 (59 FR 
7629, February 16, 1994). In issuing this rule, EPA has taken the 
necessary steps to eliminate drafting errors and ambiguity, minimize 
potential litigation, and provide a clear legal standard for affected 
conduct, as required by section 3 of E.O. 12988 (61 FR 4729, February 
7, 1996). EPA has complied with E.O. 12630 (53 FR 8859, March 15, 1998) 
by examining the takings implications of the rule in accordance with 
the ``Attorney General's Supplemental Guidelines for the Evaluation of 
Risk and Avoidance of Unanticipated Takings'' issued under the 
executive order. This rule does not impose an information collection 
burden under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    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. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement. 5 U.S.C. 808(2). 
As stated previously, EPA had made such a good cause finding, including 
the reasons therefore, and established an effective date of August 26, 
2019. EPA will submit a report containing this rule 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. This correction to 40 CFR part 52 for 
Michigan and Ohio is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

    Dated: August 13, 2019.
Cheryl L Newton,
Acting Regional Administrator, Region 5.

    Accordingly, 40 CFR part 52 is amended by making the following 
correcting amendments:

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:
0
i. Under the heading ``Part 2. Air Use Approval'', by revising the 
entries for R 336.1203, R 336.1204, R 336.1206, R 336.1212, and R 
336.1216; and
0
ii. Under the heading ``Part 9. Emission Limitations and Prohibitions--
Miscellaneous'', by revising the entries for R 336.1906, R 336.1910, R 
336.1911, R 336.1915, R 336.1916, and R 336.1930.
    The 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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                                            Part 2. Air Use Approval
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
R 336.1203.......................  Information required....       7/01/2003  8/31/2018, 83 FR
                                                                              44485.
R 336.1204.......................  Authority of agents.....       7/01/2003  8/31/2018, 83 FR
                                                                              44485.
 
                                                  * * * * * * *
R 336.1206.......................  Processing of                  7/01/2003  8/31/2018, 83 FR
                                    applications for                          44485.
                                    permits to install.
 

[[Page 44545]]

 
                                                  * * * * * * *
R 336.1212.......................  Administratively               7/01/2003  8/31/2018, 83 FR
                                    complete applications;                    44485.
                                    insignificant
                                    activities;
                                    streamlining applicable
                                    requirements; emissions
                                    reporting and fee
                                    calculations.
R 336.1216.......................  Modifications to               7/01/2003  8/31/2018, 83 FR
                                    renewable operating                       44485.
                                    permits.
 
                                                  * * * * * * *
                          Part 9. Emission Limitations and Prohibitions--Miscellaneous
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
R 336.1906.......................  Diluting and concealing        5/20/2015  12/19/2016, 81 FR
                                    emissions.                                91839.
R 336.1910.......................  Air-cleaning devices....       1/19/1980  5/6/1980, 45 FR
                                                                              29790.
R 336.1911.......................  Malfunction abatement          5/20/2015  12/19/2016, 81 FR
                                    plans.                                    91839.
 
                                                  * * * * * * *
R 336.1915.......................  Enforcement discretion         5/28/2002  2/24/2003, 68 FR
                                    in instances of excess                    8550.
                                    emission resulting from
                                    malfunction, start-up,
                                    or shutdown.
R 336.1916.......................  Affirmative defense for        5/28/2002  2/24/2003, 68 FR
                                    excess emissions during                   8550.
                                    start-up or shutdown.
R 336.1930.......................  Emission of carbon            12/20/2016  7/19/2018, 83 FR
                                    monoxide from ferrous                     34050.
                                    cupola operations.
 
                                                  * * * * * * *
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* * * * *

0
3. In Sec.  52.1870, the table in paragraph (c) is amended by revising 
the entry for 3745-31-01 under ``Chapter 3745-31 Permit-to Install New 
Sources and Permit-to-Install and Operate Program'' to read as follows:


Sec.  52.1870   Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Ohio Regulations
----------------------------------------------------------------------------------------------------------------
                                                     Ohio effective
         Ohio citation              Title/subject         date        EPA approval date           Notes
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
             Chapter 3745-31 Permit-to Install New Sources and Permit-to-Install and Operate Program
----------------------------------------------------------------------------------------------------------------
3745-31-01.....................  Definitions.......       3/20/2017  3/7/2019, 84 FR     Except for (I),
                                                                      8257.               (NN)(2)(b) and (c),
                                                                                          (SSS)(1)(b),
                                                                                          (CCCC)(2)(d) through
                                                                                          (h), (QQQQ), (JJJJJ),
                                                                                          and (BBBBBB).
 
                                                  * * * * * * *
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[FR Doc. 2019-18241 Filed 8-23-19; 8:45 am]
 BILLING CODE 6560-50-P