
[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)]
[Proposed Rules]
[Pages 64055-64056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26923]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2007-1092; FRL-9987-74-Region 5]


Air Plan Approval; Michigan; Michigan Minor New Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the rescission of Michigan rule 221 from the Michigan state 
implementation plan (SIP). Rule 221 exempted sources that had 
significant net emission increases of sulfur dioxide, particulate 
matter, and carbon monoxide from offset requirements. Michigan 
rescinded this rule effective November 14, 1990.

DATES: Comments must be received on or before January 14, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2007-1092 at https://www.regulations.gov, or via email to 
Damico.genvieve@epa.gov. 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: Constantine Blathras, Environmental 
Engineer, Air Permits Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-0671, Blathras.constantine@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. Background

    Section 110(a)(2)(C) of the Clean Air Act requires that the SIP 
include a program to provide for the ``regulation of the modification 
and construction of any stationary source within the areas covered by 
the plan as necessary to assure that national ambient air quality 
standards are achieved.'' This includes a program for permitting 
construction and modification of both major and minor sources that the 
State deems necessary to protect air quality. The State of Michigan's 
minor source permit to install rules are contained in Part 2 (Air Use 
Approval) of the Michigan Administrative Code. Changes to the Part 2 
rules were submitted on November 12, 1993; May 16, 1996; April 3, 1998; 
September 2, 2003; March 24, 2009; and February 28, 2017. EPA approved 
changes to the Part 2 rules most recently in a final approval dated 
August 31, 2018 (83 FR 44485).

[[Page 64056]]

    Rule 336.1221 (Construction of sources of particulate matter, 
sulfur dioxide, or carbon monoxide in or near nonattainment areas; 
conditions for approval).
    EPA published a proposed disapproval of the 1993, 1996, and 1996 
submittals on November 9, 1999 (64 FR 61046), but never published a 
final disapproval. As part of that proposed disapproval, EPA conducted 
an evaluation of the State submittal and found that as one of the 
items, the State failed to rescind Michigan rule 336.1221. In that 
action, EPA stated, ``Michigan rule 336.1221 impermissibly exempts 
sources that have significant net emissions increases of sulfur 
dioxide, particulate matter, and carbon monoxide from offset 
requirements. MDEQ rescinded Michigan rule 336.1221 effective November 
14, 1990. However, the State never submitted the rule to USEPA for 
rescission. Because Michigan did not submit the rescission to the USEPA 
for removal of the rule from the SIP, the Michigan NSR rules are not 
approvable at this time.''
    On September 24, 2003, the State of Michigan submitted a SIP 
revision to EPA requesting full approval of Michigan's Clean Air Act 
New Source Review SIP. As part of that submittal requesting revisions 
to Parts 1 (General Provisions) and 2, Michigan specifically requested 
to rescind rule 336.1221. As part of its technical support document, 
Michigan stated that rule 336.1221 was rescinded from the State rules 
in 1990, and requests that EPA remove it from the SIP.
    At the time of the 1999 proposed disapproval, the Part 2 rules also 
included the state's major nonattainment PTI permitting program. The 
major nonattainment provisions have been removed from Part 2, and are 
now covered by the Part 19 (New Source Review for Major Sources 
Impacting Nonattainment Areas) rules. The Part 19 rules were fully 
approved by EPA into the Michigan SIP on December 16, 2013, (78 FR 
76064). The Federal nonattainment air quality permitting regulations 
are found in 40 CFR 51.165(a) and (b). The Federal rules found at 40 
CFR 51.165(a) and (b) specify the elements necessary for approval of a 
State permit program for preconstruction review for nonattainment 
purposes under Part D of the Clean Air Act. A major source or major 
modification that would be located in an area designated as 
nonattainment and subject to the nonattainment area permitting rules 
must meet stringent conditions designed to ensure that the new source's 
emissions will be controlled to the greatest degree possible; that more 
than equivalent offsetting emission reductions will be obtained from 
existing sources; and that there will be progress toward achieving the 
National Ambient Air Quality Standards. EPA has found that the rules as 
submitted by Michigan for inclusion into its SIP are at least as 
stringent as the Federal rules. By rescinding rule 221 from the 
Michigan SIP, the Michigan SIP is meeting the Federal statutory 
requirements for an approvable Part 2 and Part 19 air permitting 
program.

II. What action is EPA taking?

    EPA is proposing to approve the rescission of Michigan rule 
336.1221 from the Michigan SIP.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
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 Clean Air Act. 
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 (Public Law 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 Clean Air Act; 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Particulate 
matter, Sulfur oxides.

    Dated: November 27, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018-26923 Filed 12-12-18; 8:45 am]
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