[Federal Register Volume 88, Number 81 (Thursday, April 27, 2023)]
[Rules and Regulations]
[Pages 25498-25501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08485]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2022-0295; FRL-10162-04-R5]


Air Plan Approval; Michigan; Revisions to Part 1 and 2 Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to Michigan Air Pollution Control Rules Part 1 Definitions, 
and Part 2 Air Use Approval for inclusion in the Michigan State 
Implementation Plan (SIP). Additionally, EPA is removing rules from the 
SIP that are part of Michigan's title V Renewable Operating Permit 
program, and rules that have been moved to other sections of the 
Michigan Administrative Code and approved into the Michigan SIP.

DATES: This final rule is effective on May 30, 2023.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2022-0295. 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 Constantine 
Blathras at (312) 886-0671 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Constantine Blathras, Environmental 
Engineer, Air Permits Section, Air Programs Branch (AR18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-0671, [email protected].

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

I. Background

    On September 27, 2022, EPA proposed approval via a direct final 
rulemaking (87 FR 58471) of the Michigan SIP revisions submitted on 
March 8, 2022. During the public comment period, EPA received an 
adverse comment on the Michigan rule revisions to R 336.1285 ``Permit 
to install exemptions; miscellaneous'' and R 336.1291, ``Permit to 
install exemptions; emission units with ``de minimis'' emissions'', 
which included two new exemptions from the permitting for small 
sources. On November 14, 2022 (87 FR 68634), EPA withdrew the direct 
final rule. EPA is approving the following revisions to the Michigan 
rule revision which did not

[[Page 25499]]

receive adverse comment. We do not consider the comments received to be 
germane or relevant to EPA's proposal to approve Michigan's Part 1 and 
Part 2 rules as described below, and therefore not adverse to this 
action. EPA will respond to the comments received on R 336.1285 and R 
336.1291 and take further action on that portion of the Michigan SIP 
revision at a later date.
    EPA is approving revisions to Michigan's Part 1. Definitions, and 
Part 2. Air Use Approval for inclusion in the Michigan SIP. The 
following Michigan Air Pollution Control Rules are being added or 
revised: R 336.1101(q), R 336.1103(aa), R 336.1201a, R 336.1202-1203, R 
336.1206-1207, R 336.1209, R 336.1214a, R 336.1219(1), R 336.1240-1241, 
R 336.1278.
    The Part 1 definition revisions include new or revised definitions 
for the following, R 336.1101(q) ``Aqueous based parts washer'', and R 
336.1103(aa) ``cold cleaner''.
    The Part 2 modifications consist of wording changes made to help 
clarify the air use approval rules, and to update references and 
terminology. EPA is not approving at this time the two new exemptions 
from the permitting program for small sources found in R 336.1285 and R 
336.1291. EPA will address the comments received on rules R 336.1285 
and R 336.1291 at a later date.
    EPA is removing the Michigan Air Pollution Control Rules R 336.1212 
``Administratively complete applications; insignificant activities; 
streamlining applicable requirements; emissions reporting and fee 
calculations'', R 336.1216 ``Modifications to renewable operating 
permits'', R 336.1219(2) ``Amendments for change of ownership or 
operational control'', R 336.1220 (rescinded), and R 336.1299 
(rescinded) from the Michigan SIP.
    The rescinded rules have been moved to other sections in the 
Michigan Administrative Code where they have already been approved into 
the Michigan SIP and rescinded from the original Part 2 location. This 
action completes the transition process for these rescinded rules.
    The other Part 2 rules removed from the Michigan SIP by this action 
do not address the requirements related to attainment and maintenance 
of the National Ambient Air Quality Standards (NAAQS) under section 110 
of the Clean Air Act (CAA). EPA has determined that these rules were 
erroneously incorporated into the SIP. These rules instead address the 
requirements under title V of the CAA for operating permit programs. 
EPA fully approved Michigan's title V Renewable Operating Permit 
Program on November 10, 2003 (68 FR 63735), to implement its program. 
Since these rules do not address the requirements related to attainment 
and maintenance of the NAAQS under Section 110 of the CAA and have been 
approved as part of the title V program approval, EPA will remove them 
from this section of the Michigan SIP.
    EPA proposed to rescind rule R 336.1220 in a February 6, 2013 (78 
FR 8485), action (in addition to approval of revisions to Michigan 
rules in Parts 1 and 19). EPA did not receive any comments on that 
proposal and published a final action on December 16, 2013 (78 FR 
76064).
    As part of the SIP revision request, Michigan submitted a 110(l) 
demonstration for each of the proposed revisions to the SIP. Section 
110(l) of the CAA governs the submittal of SIP revisions as part of 
Attachment E of its submittal. It states that each revision to an 
implementation plan submitted by a State under this chapter shall be 
adopted by such State after reasonable notice and public hearing. The 
Administrator shall not approve a revision of a plan if the revision 
would interfere with any applicable requirement concerning the 
attainment and reasonable further progress (as defined by 7501 of the 
title), or any other applicable requirement of the chapter. The 110(l) 
demonstration in the SIP revision request adequately addresses this 
requirement for each rule revision being approved in this action, and 
the revisions should cause minimal to no impact on the emissions of any 
source, will have no effect on Michigan's NAAQS attainment status, or 
any backsliding on achieved improvements. The revision for the removed 
and rescinded rules pertain to the Michigan title V renewable operating 
permit program which has already been approved.

II. What action is EPA taking?

    EPA is approving revisions to Michigan's Part 1 and Part 2 
regulations. Specifically, EPA is approving revisions to Michigan Air 
Pollution Control Rules R 336.1101, R 336.1103, R 336.1201a, R 
336.1202, R 336.1203, R 336.1206, R 336.1207, R 336.1209, R 336.1214a, 
R 336.1219, R 336.1240, R 336.1241, R 336.1278, effective December 20, 
2016. EPA is also removing Michigan Air Pollution Control Rules R 
336.1212, R 336.1216, and R 336.1299 from the SIP.

III. 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 Section I of this preamble and set forth 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 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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    Also in this document, as described in Section I of this preamble 
and the proposed amendments to 40 CFR part 52 set forth below, EPA is 
proposing to remove provisions of the EPA-Approved Michigan Regulations 
from the Michigan SIP, which is incorporated by reference in accordance 
with the requirements of 1 CFR part 51.

IV. 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

[[Page 25500]]

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).
    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 26, 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

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

    For the reasons stated in the preamble, 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:
0
a. Under ``Part 1. General Provisions'' by revising the entries for R 
336.1101 and R 336.1103; and
0
b. Under ``Part 2. Air Use Approval'' by:
0
i. Revising the entries for R 336.1201a, R 336.1202, R 336.1203, R 
336.1206, R 336.1207, and R 336.1209;
0
ii. Removing the entry for R 336.1212;
0
iii. Adding the entry for R 336.1214a in numerical order;
0
iv. Removing the entry for R 336.1216;
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v. Revising the entries for R 336.1219, R 336.1240, R 336.1241, and R 
336.1278; and
0
vi. Removing the entry for R 336.1299.
    The revisions and additions 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
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                                                  * * * * * * *
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                                           Part 1. General Provisions
----------------------------------------------------------------------------------------------------------------
R 336.1101...............  Definitions; A........      12/20/2016  4/27/2023, [INSERT      All except for (a)
                                                                    FEDERAL REGISTER        Act and (h) Air
                                                                    CITATION].              pollution.
 
                                                  * * * * * * *
R 336.1103...............  Definitions; C........      12/20/2016  4/27/2023, [INSERT
                                                                    FEDERAL REGISTER
                                                                    CITATION].
 
                                                  * * * * * * *
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                                            Part 2. Air Use Approval
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
R 336.1201a..............  General permits to          12/20/2016  4/27/2023, [INSERT
                            install.                                FEDERAL REGISTER
                                                                    CITATION].
R 336.1202...............  Waivers of approval...      12/20/2016  4/27/2023, [INSERT
                                                                    FEDERAL REGISTER
                                                                    CITATION].
R 336.1203...............  Information required..      12/20/2016  4/27/2023, [INSERT
                                                                    FEDERAL REGISTER
                                                                    CITATION].
 

[[Page 25501]]

 
                                                  * * * * * * *
R 336.1206...............  Processing of               12/20/2016  4/27/2023, [INSERT
                            applications for                        FEDERAL REGISTER
                            permits to install.                     CITATION].
R 336.1207...............  Denial of permits to        12/20/2016  4/27/2023, [INSERT
                            install.                                FEDERAL REGISTER
                                                                    CITATION].
R 336.1209...............  Use of old permits to       12/20/2016  4/27/2023, [INSERT
                            limit potential to                      FEDERAL REGISTER
                            emit.                                   CITATION].
R 336.1214a..............  Consolidation of            12/20/2016  4/27/2023, [INSERT
                            permits to install                      FEDERAL REGISTER
                            within renewable                        CITATION].
                            operating permit.
R 336.1219...............  Amendments for change       12/20/2016  4/27/2023, [INSERT
                            of ownership or                         FEDERAL REGISTER
                            operational control.                    CITATION].
R 336.1240...............  Required air quality        12/20/2016  4/27/2023, [INSERT
                            models.                                 FEDERAL REGISTER
                                                                    CITATION].
R 336.1241...............  Air quality modeling        12/20/2016  4/27/2023, [INSERT
                            demonstration                           FEDERAL REGISTER
                            requirements.                           CITATION].
R 336.1278...............  Exclusion from              12/20/2016  4/27/2023, [INSERT
                            exemption.                              FEDERAL REGISTER
                                                                    CITATION].
 
                                                  * * * * * * *
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[FR Doc. 2023-08485 Filed 4-26-23; 8:45 am]
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