[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Rules and Regulations]
[Pages 50261-50263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17334]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0672; EPA-R05-OAR-2016-0706; EPA-R05-OAR-2016-0708; 
FRL-9649-02-R5]


Air Plan Approval; Indiana, Michigan and Minnesota; Revised 
Startup, Shutdown, and Malfunction Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving three 
State Implementation Plan (SIP) revision requests, submitted by 
Indiana, Michigan, and Minnesota. All three States submitted the SIP 
revision requests in 2016 in response to a finding of substantial 
inadequacy and a SIP call published on June 12, 2015, for specific 
provisions in each State's SIP related to excess emissions during 
startup, shutdown, and malfunction (SSM) events. EPA is determining 
that each submission corrects the State's respective SIP deficiencies 
as identified in the June 12, 2015, SIP call. EPA proposed to approve 
this action on May 5, 2022, and received no adverse comments.

DATES: This final rule is effective on September 15, 2022.

ADDRESSES: EPA has established dockets for this action under Docket ID 
No. EPA-R05-OAR-2016-0672 (Indiana); EPA-R05-OAR-2016-0706 (Michigan); 
and EPA-R05-OAR-2016-0708 (Minnesota). 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

[[Page 50262]]

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 Michael Leslie, Environmental Engineer at (312) 353-6680 
before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-6680, [email protected].

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

I. Background Information

    On May 5, 2022 (87 FR 26707), EPA proposed to approve three SIP 
revision requests submitted in 2016 and supplemented in 2017 by 
Indiana, Michigan, and Minnesota to address EPA's 2015 SSM SIP Action. 
EPA is determining that the three States' rulemaking actions and 
revised rules are consistent with the SSM requirements for SIP 
provisions under the CAA; that their respective SIP submissions correct 
the SSM deficiencies identified for the state within EPA's 2015 SSM SIP 
Action; and fulfill the obligation to respond to it.
    An explanation of the CAA requirements, a detailed analysis of the 
revisions, and EPA's reasons for proposing approval were provided in 
the notice of proposed rulemaking and will not be restated here. The 
public comment period for this proposed rule ended on June 6, 2022. EPA 
received three supportive comments and no adverse comments on the 
proposal.

II. Final Action

    EPA is approving three SIP revision requests submitted in 2016 and 
supplemented in 2017 by Indiana, Michigan, and Minnesota to address 
EPA's 2015 SSM SIP Action. Specifically, EPA is approving Indiana rules 
326 IAC 1-6-1, 326 IAC 1-6-2, 326 IAC 1-6-4, 326 IAC 1-6-5, 326 IAC 1-
6-6, and 326 IAC 2-9-1, effective January 29, 2017. EPA is also 
removing Michigan rule R 339.1916 and Minnesota rule R. 7011.1415 from 
each State's respective federally enforceable criteria pollutant SIP. 
EPA has determined that the three States' rulemaking actions and 
revised rules are consistent with the SSM requirements for SIP 
provisions under the CAA; that their respective SIP submissions correct 
the SSM deficiencies identified for the State within EPA's 2015 SSM SIP 
Action; and fulfill the obligation to respond to it.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, EPA is finalizing the incorporation by reference of the 
Indiana regulations described in Section II 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\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

    Also in this document, as described in Section II of this preamble 
and set forth in the amendments to 40 CFR part 52 below, EPA is 
removing provisions of the EPA-Approved Michigan and Minnesota 
Regulations from the Michigan and Minnesota SIPs, which are 
incorporated by reference in accordance with the requirements of 1 CFR 
part 51.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act (CAA), the Administrator is required to 
approve a SIP submission that complies with the provisions of the 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).
    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 October 17, 2022. Filing a

[[Page 50263]]

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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: August 8, 2022.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
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.  52.770, the table in paragraph (c) is amended by revising 
the entries for ``1-6-1'', ``1-6-2'', ``1-6-4'', ``1-6-5'', and ``1-6-
6'' under ``Article 1. General Provisions'', ``Rule 6. Malfunctions'', 
and the entry for ``2-9-1'' under ``Article 2. Permit Review Rules'', 
``Rule 9. Source Specific Operating Agreement Program'', to read as 
follows:


Sec.  52.770   Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
                                                     Indiana
     Indiana citation             Subject        effective date    EPA approval date             Notes
----------------------------------------------------------------------------------------------------------------
                                          Article 1. General Provisions
----------------------------------------------------------------------------------------------------------------
                               Rule 1. Provisions Applicable Throughout Title 326
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                              Rule 6. Malfunctions
----------------------------------------------------------------------------------------------------------------
1-6-1....................  Applicability.......       1/29/2017  8/16/2022, [Insert    .........................
                                                                  Federal Register
                                                                  Citation].
1-6-2....................  Records; notice of         1/29/2017  8/16/2022, [Insert    .........................
                            malfunction.                          Federal Register
                                                                  Citation].
 
                                                  * * * * * * *
1-6-4....................  Conditions under           1/29/2017  8/16/2022, [Insert    .........................
                            which malfunction                     Federal Register
                            not considered                        Citation].
                            violation.
1-6-5....................  Excessive                  1/29/2017  8/16/2022, [Insert    .........................
                            malfunctions;                         Federal Register
                            department actions.                   Citation].
1-6-6....................  Malfunction emission       1/29/2017  8/16/2022, [Insert    .........................
                            reduction program.                    Federal Register
                                                                  Citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         Article 2. Permit Review Rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                               Rule 9. Source Specific Operating Agreement Program
----------------------------------------------------------------------------------------------------------------
2-9-1....................  General provisions..       1/29/2017  8/16/2022, [INSERT    .........................
                                                                  FEDERAL REGISTER
                                                                  CITATION].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *


Sec.  52.1170   [Amended]

0
3. In Sec.  52.1170, the table in paragraph (c) is amended by removing 
the entry for ``R 339.1916''.


Sec.  52.1220   [Amended]

0
4. In Sec.  52.1220, the table in paragraph (c) is amended by removing 
the entry for ``7011.1415''.

[FR Doc. 2022-17334 Filed 8-15-22; 8:45 am]
BILLING CODE 6560-50-P


