[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Rules and Regulations]
[Pages 24691-24692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08484]



[[Page 24691]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2022-0728; FRL-10255-02-R5]


Air Plan Approval; Michigan; Part 4 Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

DATES: This final rule is effective on May 24, 2023.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2022-0728. 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 and facility 
closures due to COVID-19. We recommend that you telephone Charles 
Hatten at (312) 886-6031, before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, 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 is being addressed in this document?

    This revision approves EGLE's August 17, 2022, submission to 
Michigan's Air Pollution Control Rules in Chapter 336, Part 4. The 
revision includes administrative changes to existing rules and updates 
to material adopted by reference. A detailed analysis of the revision, 
and EPA's reasons for approval are provided in EPA's notice of proposed 
rulemaking (NPRM), dated January 13, 2023 (88 FR 2303), and will not be 
restated here.

II. What comments did we receive on the proposed rule?

    EPA provided a 30-day review and comment period in the NPRM. The 
comment period ended on February 13, 2023. We received no comments on 
the proposed rule.

III. What action is EPA taking?

    EPA is approving the revision to Part 4 as submitted on August 17, 
2022, into the Michigan SIP. Specifically, EPA is approving revision to 
Michigan rule R336.1401a ``Definitions''; R336.1401 ``Emission of 
sulfur dioxide from power plants''; R336.1402 ``Emission of 
SO2 from fuel-burning equipment at a stationary source other 
than power plants''; and R336.1404 ``Emission of SO2 and 
sulfuric acid mist from sulfuric acid plants'', effective October 24, 
2019.

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 addressing SO2 emissions, as described in 
section III of this preamble and set forth in the amendments to 40 CFR 
part 52 set forth 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);
     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); and
     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.
    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).

[[Page 24692]]

    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    EGLE did not evaluate environmental justice considerations as part 
of its SIP submittal; the CAA and applicable implementing regulations 
neither prohibit nor require such an evaluation. EPA did not perform an 
EJ analysis and did not consider EJ in this action. Due to the nature 
of the action being taken here, this action is expected to have a 
neutral to positive impact on the air quality of the affected area. 
Consideration of EJ is not required as part of this action, and there 
is no information in the record inconsistent with the stated goal of 
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 June 23, 2023. 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) of the CAA.)

List of Subjects in 40 CFR Part 52

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

    Dated: April 17, 2023.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, title 40 CFR part 52 is 
amended as follows:

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 for R336.1401a, R336.1401, R336.1402, and R336.1404 under 
the heading ``Part 4. Emission Limitations and Prohibitions--Sulfur 
Bearing Compounds'' to read as follows:


Sec.  52.1170  Identification of plan.

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    (c) * * *

                                        EPA-Approved Michigan Regulations
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                                                              State
      Michigan citation                  Title           effective date     EPA approval date        Comments
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                     Part 4. Emission Limitations and Prohibitions--Sulfur Bearing Compounds
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R 336.1401...................  Emission of sulfur            10/24/2019  4/24/2023, [INSERT       ..............
                                dioxide from power                        FEDERAL REGISTER
                                plants.                                   CITATION].
R 336.1401a..................  Definitions.............      10/24/2019  4/24/2023, [INSERT       ..............
                                                                          FEDERAL REGISTER
                                                                          CITATION].
R 336.1402...................  Emission of SO2 from          10/24/2019  4/24/2023, [INSERT       ..............
                                fuel-burning equipment                    FEDERAL REGISTER
                                at a stationary source                    CITATION].
                                other than power plants.
 
                                                  * * * * * * *
R 336.1404...................  Emission of SO2 and           10/24/2019  4/24/2023, [INSERT       ..............
                                sulfuric acid mist from                   FEDERAL REGISTER
                                sulfuric acid plants.                     CITATION].
 
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[FR Doc. 2023-08484 Filed 4-21-23; 8:45 am]
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