
[Federal Register Volume 84, Number 47 (Monday, March 11, 2019)]
[Rules and Regulations]
[Pages 8610-8611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04162]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2007-1092; FRL-9990-43-Region 5]


Air Plan Approval; Michigan; Michigan Minor New Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 Michigan rescinded this rule effective 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: This final rule is effective on April 10, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2007-1092. 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. We recommend 
that you telephone Constantine Blathras, Environmental Engineer, at 
(312) 886-0671 before visiting the Region 5 office.

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
II. What action is EPA taking?
III. Statutory and Executive Order Reviews

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).
    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. Michigan Department of Environmental Quality rescinded 
Michigan rule 336.1221 effective November 14, 1990. However, the State 
never submitted the rule to EPA 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.
    On December 13, 2018 (83 FR 64055), EPA published a Federal 
Register action proposing approval of the rescission of rule 221 from 
the Michigan SIP. EPA received no comments during the public comment 
period which ended on January 14, 2019.

II. What action is EPA taking?

    EPA is approving 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

[[Page 8611]]

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 (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 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).
    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. EPA will submit a report containing this action 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 10, 2019. 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, Intergovernmental relations, Particulate 
matter, Sulfur oxides.

    Dated: February 25, 2019.
Cheryl L Newton,
Acting Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.


Sec.  52.1170   [Amended]

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2. In Sec.  52.1170, the table in paragraph (c) is amended by removing 
the entry for ``R 336.1221'' under ``Part 2. Air Use Approval''.

[FR Doc. 2019-04162 Filed 3-8-19; 8:45 am]
 BILLING CODE 6560-50-P


