[Federal Register Volume 87, Number 186 (Tuesday, September 27, 2022)]
[Rules and Regulations]
[Pages 58453-58456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20621]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2022-0295; FRL-10162-02-R5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct 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 direct final rule is effective November 28, 2022, unless 
EPA receives adverse comments by October 27, 2022. If adverse comments 
are received, EPA will publish a timely withdrawal of the direct final 
rule in the Federal Register informing the public that the rule will 
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2022-0295 at https://www.regulations.gov or via email to 
[email protected]. 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 (AR18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-0671, [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. Background

    Section 110(a)(2)(C) of the Clean Air Act (CAA) 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, R. 336.1201 to R. 336.1299 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). The Michigan Administrative Code at Part 1, General Provisions, 
R. 336.1101 to R. 336.1128, contains the definitions of terms used in 
the Michigan code.
    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, R 336.1285, and R 336.1291.
    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. Other changes include new and modified definitions of 
phrases, new timeframes for processing air use permits, and two new 
exemptions from the permitting program for small sources.
    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

[[Page 58454]]

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 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, ``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 this 
title), or any other applicable requirement of this chapter.'' The 
110(l) demonstration in the SIP revision request adequately addresses 
this requirement for each rule revision, and the revisions should cause 
minimal to no impact on the emissions of any source, will have no 
effect on Michigan's National Ambient Air Quality Standards 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, and R 336.1291, 
effective December 20, 2016, and R 336.1285, effective January 2, 2019. 
EPA is also removing Michigan Air Pollution Control Rules R336.1212, R 
336.1216, and R 336.1299 from the SIP.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the State plan if relevant adverse 
written comments are filed. This rule will be effective November 28, 
2022, without further notice unless we receive relevant adverse written 
comments by October 27, 2022. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment. 
If we do not receive any comments, this action will be effective 
November 28, 2022.

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 amendments to 40 CFR part 52 set forth below, EPA is removing 
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 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);

[[Page 58455]]

     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 November 28, 2022. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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: September 19, 2022.
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;
0
v. Revising the entries for R 336.1219, R 336.1240, R 336.1241, R 
336.1278, and R 336.1285;
0
vi. Adding the entry for R 336.1291 in numerical order; and
0
vii. 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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           Part 1. General Provisions
----------------------------------------------------------------------------------------------------------------
R 336.1101...............  Definitions; A........      12/20/2016  9/27/2022, [INSERT      All except for (a)
                                                                    FEDERAL REGISTER        Act and (h) Air
                                                                    CITATION].              pollution.
 
                                                  * * * * * * *
R 336.1103...............  Definitions; C........      12/20/2016  9/27/2022, [INSERT      .....................
                                                                    FEDERAL REGISTER
                                                                    CITATION].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                            Part 2. Air Use Approval
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
R 336.1201a..............  General permits to          12/20/2016  9/27/2022, [INSERT      .....................
                            install.                                FEDERAL REGISTER
                                                                    CITATION].
R 336.1202...............  Waivers of approval...      12/20/2016  9/27/2022, [INSERT      .....................
                                                                    FEDERAL REGISTER
                                                                    CITATION].
R 336.1203...............  Information required..      12/20/2016  9/27/2022, [INSERT      .....................
                                                                    FEDERAL REGISTER
                                                                    CITATION].
 

[[Page 58456]]

 
                                                  * * * * * * *
R 336.1206...............  Processing of               12/20/2016  9/27/2022, [INSERT      .....................
                            applications for                        FEDERAL REGISTER
                            permits to install.                     CITATION].
R 336.1207...............  Denial of permits to        12/20/2016  9/27/2022, [INSERT      .....................
                            install.                                FEDERAL REGISTER
                                                                    CITATION].
R 336.1209...............  Use of old permits to       12/20/2016  9/27/2022, [INSERT      .....................
                            limit potential to                      FEDERAL REGISTER
                            emit.                                   CITATION].
R 336.1214a..............  Consolidation of            12/20/2016  9/27/2022, [INSERT      .....................
                            permits to install                      FEDERAL REGISTER
                            within renewable                        CITATION].
                            operating.
                           permit................
R 336.1219...............  Amendments for change       12/20/2016  9/27/2022, [INSERT      .....................
                            of ownership or                         FEDERAL REGISTER
                            operational control.                    CITATION].
R 336.1240...............  Required air quality        12/20/2016  9/27/2022, [INSERT      .....................
                            models.                                 FEDERAL REGISTER
                                                                    CITATION].
R 336.1241...............  Air quality modeling        12/20/2016  9/27/2022, [INSERT      .....................
                            demonstration                           FEDERAL REGISTER
                            requirements.                           CITATION].
R 336.1278...............  Exclusion from              12/20/2016  9/27/2022, [INSERT      .....................
                            exemption.                              FEDERAL REGISTER
                                                                    CITATION].
 
                                                  * * * * * * *
R 336.1285...............  Permit to install             1/2/2019  9/27/2022, [INSERT      .....................
                            exemptions;                             FEDERAL REGISTER
                            miscellaneous.                          CITATION].
 
                                                  * * * * * * *
R 336.1291...............  Permit to install           12/20/2016  9/27/2022, [INSERT      All except for R
                            exemptions; emission                    FEDERAL REGISTER        336.1291(2)(a)
                            units with ``de                         CITATION].              through (d) and non-
                            minimis'' emissions.                                            criteria pollutants
                                                                                            listed in Table 23.
 
                                                  * * * * * * *
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[FR Doc. 2022-20621 Filed 9-26-22; 8:45 am]
BILLING CODE 6560-50-P


