Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations 30571 

1 62 FR 27968 (May 22, 1997). 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2017–0100; EPA–R05– 

OAR–2017–0501; FRL–9980–08—Region 5] 

Air Plan Approval; Michigan; Revisions 

to Volatile Organic Compound Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revised rules 

submitted by the State of Michigan as 

State Implementation Plan (SIP) 

revisions. The main revision specifies 

volatile organic compound (VOC) limits 

for cutback and emulsified asphalts as 

well as the test methods for determining 

the VOC content of these products. 

Michigan also moved the adoption by 

reference citations from Part 6. Emission 

Limitations and Prohibitions—Existing 

Sources of Volatile Organic Emissions to 

Part 9. Emission Limitations and 

Prohibitions—Miscellaneous and 

updated references to federal test 

methods in several of its Part 6 rules. 

DATES: This final rule is effective on July 

30, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2017–0100 and 

EPA–R05–OAR–2017–0501. 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 Steven 

Rosenthal, Environmental Engineer, at 

(312) 886–6052 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Steven Rosenthal, Environmental 

Engineer, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6052, 

rosenthal.steven@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. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Background 

Michigan revised its rule R 336.1618 

‘‘Use of cutback or emulsified paving 

asphalt’’ along with several other of its 

VOC rules. Michigan also revised rules 

R 336.1611 to R 336.1614, R 336.1619, 

R 336.1622, R 336.1625, R336.1627 to R 

336.1629, R 336.1632, R 336.1651, R 

336.1660, and R 336.1661 for the 

purpose of removing adoptions by 

reference which have been moved to 

and consolidated in R 336.1902 

‘‘Adoption of standards by reference.’’ 

Revisions to R 336.1622, R 336.1627 to 

R 336.1629, and R 336.1632 update 

references to federal test methods. 

On March 30, 2018 (83 FR 13710) 

EPA published a notice of proposed 

rulemaking (NPR) proposing approval of 

Michigan’s VOC revisions. The specific 

details of Michigan’s VOC revisions and 

the rationale for EPA’s approval are 

discussed in the NPR and will not be 

restated here. EPA received no relevant 

comments on this proposal. 

II. What action is EPA taking? 

EPA is approving Michigan’s VOC 

revisions in Part 6 and Part 9 because 

they satisfy the EPA’s requirement of 

reasonably available control technology. 

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 the 

amendments to 40 CFR part 52 set forth 

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

IV. 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 (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 


sradovich on DSK3GMQ082PROD with RULES
30572 Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations 

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 August 28, 2018. 

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, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, and Volatile organic 

compounds. 

Dated: June 18, 2018. 

Cathy Stepp, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. In § 52.1170 amend the table in 

paragraph (c) by: 

■ a. Revising the entries under the 

heading ‘‘Part 6: Emission Limitations 

and Prohibitions—Existing Sources of 

Volatile Organic Compound Emissions’’, 

for rules ‘‘R 336.1611’’, ‘‘R 336.1612’’, 

‘‘R 336.1613’’, ‘‘R 336.1614’’, ‘‘R 

336.1618’’, ‘‘R 336.1619’’, ‘‘R 336.1622’’, 

‘‘R 336.1625’’, ‘‘R336.1627’’, ‘‘R 

336.1628’’, ‘‘R 336.1629’’, ‘‘R 336.1632’’, 

‘‘R 336.1651’’, ‘‘R 336.1660’’, and ‘‘R 

336.1661’’; 

■ b. Adding an entry under the heading 

‘‘Part 9: Emission Limitations and 

Prohibitions—Miscellaneous’’ for rule 

‘‘R 336.1902’’ in numerical order. 

The addition and revisions read as 

follows: 

§ 52.1170 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MICHIGAN REGULATIONS

Michigan 

citation Title 

State 

effective 

date 

EPA approval date Comments 

*******

Part 6: Emission Limitations and Prohibitions—Existing Sources of Volatile Organic Compound Emissions 

*******

R 336.1611 .......... Existing cold cleaners .......... 3/29/2017 6/29/2018, [Insert Federal 

Register citation].

R 336.1612 .......... Existing open top vapor 

degreasers.

3/29/2017 6/29/2018, [Insert Federal 

Register citation].

R 336.1613 .......... Existing conveyorized cold 

cleaners.

3/29/2017 6/29/2018, [Insert Federal 

Register citation].

R 336.1614 .......... Existing conveyorized vapor 

degreasers.

3/29/2017 6/29/2018, [Insert Federal 

Register citation].

* * * * * * * 

R 336.1618 .......... Use of cutback or emulsified 

paving asphalt.

3/29/2017 6/29/2018, [Insert Federal 

Register citation].

R 336.1619 .......... Standards for 

perchloroethylene dry 

cleaning equipment.

3/29/2017 6/29/2018, [Insert Federal 

Register citation].

* * * * * * * 

R 336.1622 .......... Emission of volatile organic 

compounds from existing 

components of petroleum 

refineries; refinery monitoring program.

3/29/2017 6/29/2018, [Insert Federal 

Register citation].


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations 30573 

EPA-APPROVED MICHIGAN REGULATIONS—Continued 

Michigan 

citation Title 

State 

effective 

date 

EPA approval date Comments 

*******

R 336.1625 .......... Emission of volatile organic 

compound from existing 

equipment utilized in manufacturing synthesized 

pharmaceutical products.

3/29/2017 6/29/2018, [Insert Federal 

Register citation].

R 336.1627 .......... Delivery vessels; vapor collection systems.3/29/2017 6/29/2018, [Insert Federal 

Register citation].

R 336.1628 .......... Emission of volatile organic 

compounds from components of existing process 

equipment used in manufacturing synthetic organic 

chemicals and polymers; 

monitoring program.

3/29/2017 6/29/2018, [Insert Federal 

Register citation].

R 336.1629 .......... Emission of volatile organic 

compounds from components of existing process 

equipment used in processing natural gas; monitoring program.

3/29/2017 6/29/2018, [Insert Federal 

Register citation].

* * * * * * * 

R 336.1632 .......... Emission of volatile organic 

compounds from existing 

automobile, truck, and 

business machine plastic 

part coating lines.

3/29/2017 6/29/2018, [Insert Federal 

Register citation].

R 336.1651 .......... Standards for degreasers ..... 3/29/2017 6/29/2018, [Insert Federal 

Register citation].

R 336.1660 .......... Standards for volatile organic 

compounds emissions 

from consumer products.

3/29/2017 6/29/2018, [Insert Federal 

Register citation].

R 336.1661 .......... Definitions for consumer 

products.

3/29/2017 6/29/2018, [Insert Federal 

Register citation].

* * * * * * * 

Part 9: Emission Limitations and Prohibitions—Miscellaneous 

R 336.1902 .......... Adoption of Standards by 

reference.

12/20/2016 6/29/2018, [Insert Federal 

Register citation].

Only sections (1)(a), (b)(i), (b)(iii), (b)(iv), 

(b)(vii), (b)(viii), (c), (d), (e), (f), (g), (i), (j), 

(k), (l), (m), (n), and (s); (2)(b), (e), and 

(g); (3)(a); (4)(a), (b), (c), (d), (e), (f), (l), 

(m),(o), and (p); (5); (8); and (9). 

* * * * * * * 

* * * * * 

[FR Doc. 2018–13953 Filed 6–28–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 86 

Control of Emissions From New and 

In-Use Highway Vehicles and Engines 

CFR Correction 

■ In Title 40 of the Code of Federal 

Regulations, Parts 82 to 86, revised as of 

July 1, 2017, on page 1134, following 

paragraph (b) of § 86.1917, the section 

heading of § 86.1920 is inserted to read 

as follows: 

§ 86.1920 What in-use testing information 

must I report to EPA? 

* * * * * 

[FR Doc. 2018–14145 Filed 6–28–18; 8:45 am] 

BILLING CODE 1301–00–D 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 17–310; FCC 18–82] 

Promoting Telehealth in Rural America 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission (the 

Commission or FCC) addresses the 

current funding shortfall in the Rural 

Health Care (RHC) Program, including 

by raising the annual Program funding 

cap and applying it to the current 


sradovich on DSK3GMQ082PROD with RULES