[Federal Register Volume 88, Number 9 (Friday, January 13, 2023)]
[Proposed Rules]
[Pages 2303-2304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00349]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2022-0728; FRL-10255-01-R5]


Air Plan Approval; Michigan; Part 4 Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to Michigan's State Implementation Plan (SIP). On 
August 17, 2022, The Michigan Department of Environment, Great Lakes, 
and Energy (EGLE) submitted changes to Michigan's Air Pollution Control 
Rules, Emissions Limitations and Prohibitions--Sulfur Bearing 
Compounds. The revision includes administrative changes to existing 
rules, updates material adopted by reference, and removes a definition.

DATES: Comments must be received on or before February 13, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2022-0728 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 (AR18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6031, [email protected]. The 
EPA Region 5 office is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding Federal holidays and facility closures due to COVID-
19.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. What did Michigan submit?

    On August 17, 2022, Michigan EGLE submitted revisions to Michigan's 
Air Pollution Control Rules in Part 4. Specifically, the state 
requested EPA to act on the following revisions to Part 4: R336.1401a 
(Rule 401a)--``Definitions''; R336.1401 (Rule 401)--``Emission of 
sulfur dioxide from power plants''; R336.1402 (Rule 402)--``Emission of 
SO2 from fuel-burning equipment at a stationary source other 
than power plants''; and R336.1404 (Rule 404)--``Emission of 
SO2 and sulfuric acid mist from sulfuric acid plants''.
    Michigan EGLE provided the public an opportunity to comment on Part 
4 revisions during a 30-day public comment period beginning on June 15, 
2019, and at a public hearing held on July 1, 2019. No comments were 
received.

II. What is EPA's analysis of Michigan's submission?

    In existing rules 401, 402, and 404, there are three citations to 
the American Society for Testing and Material standards (ASTM) and 
compliance test methods in 40 CFR part 60, adopted by reference in 
R336.1802a and R336.2004(1)(l), respectively. To achieve consistency 
between the SIP and Michigan's rules, Michigan EGLE has consolidated 
all adoption by reference material in Michigan's Air Pollution Control 
Rule in Chapter 336, Part 9, R336.1902, ``Adoption of

[[Page 2304]]

standards by reference''. Thus, for rules 401, 402, and 404, EGLE 
revised the location of material adopted by reference to be addressed 
in R336.1902.
    The existing rule 401a currently includes a definition for the term 
``used oil'' that was approved by EPA in 2015. (80 FR 21183, April 17, 
2015). However, Michigan EGLE later revised Michigan's Air Pollution 
Control Rule in Chapter 336, Part 1, ``Definitions'' to more 
appropriately include the definition of used oil in the general air 
provisions rule at R336.1121(c) to reference ``used oil'' for all the 
air rules. (84 FR 8809, April 11, 2019). Michigan EGLE eliminated the 
redundant ``used oil'' definition by removing the definition from Part 
4.
    Clean Air Act (CAA) Section 110(l) prohibits EPA from approving a 
SIP revision if it would interfere with any applicable requirement 
concerning attainment, reasonable further progress, or any other CAA 
requirement. EPA concurs with Michigan EGLE's 110(l) analysis that the 
revisions to the Part 4 rules improve its clarity and do not interfere 
with any applicable requirement concerning attainment or any other 
applicable requirement of the CAA. Further, the revision will not 
increase any emissions to the atmosphere because they do not impact the 
applicability of any source or emission limits.
    EPA finds the revision to Part 4 acceptable and thus, proposes 
approval into the Michigan SIP.

III. What action is EPA taking?

    EPA is proposing to approve the revisions to Michigan's Part 4 rule 
into the Michigan SIP, as submitted on August 17, 2022. The 
administrative changes to Part 4 will not increase any emissions to the 
atmosphere because they do not impact the applicability of any source 
or any emission limits.

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 is proposing to incorporate by 
reference Michigan rules R336.1401a, R336.1401, R336.1402, and 
R336.1404, effective October 24, 2019, as discussed in Section I of 
this preamble. 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);
     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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, and Sulfur oxides.

    Dated: January 5, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023-00349 Filed 1-12-23; 8:45 am]
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