34050 Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2017–0100; FRL–9980– 

94—Region 5] 

Air Plan Approval; Michigan; Revisions 

to Part 9 Miscellaneous Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a request 

submitted by the Michigan Department 

of Environmental Quality (MDEQ) on 

February 2, 2017, and supplemented on 

November 8, 2017, to revise the 

Michigan state implementation plan 

(SIP) for carbon monoxide (CO). The 

revision incorporates changes to 

Michigan’s Air Pollution Control Rules 

entitled ‘‘Emissions Limitations and 

Prohibitions—Miscellaneous.’’ The 

revision updates existing source-specific 

rule requirements for ferrous cupola 

operations by removing obsolete rule 

language and makes a minor change to 

correct the citation to a Federal test 

method. The revision continues to result 

in attainment of the CO national 

ambient air quality standard. 

DATES: This final rule is effective on 

August 20, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2017–0100. 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 Charles 

Hatten, Environmental Engineer, at 

(312) 886–6031 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Charles Hatten, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6031, 

hatten.charles@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. What are the State rule revisions? 

II. What action is EPA taking? 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. What are the State rule revisions? 

On February 2, 2017, and 

supplemented on November 8, 2017, 

MDEQ submitted a request to 

incorporate revisions to Michigan’s Air 

Pollution Control Rules in Chapter 336, 

Part 9—Emissions Limitations and 

Prohibitions—Miscellaneous (Part 9) in 

the Michigan SIP. Michigan submitted 

revisions to three separate rules in Part 

9: R 336.1902—‘‘Adoption of standards 

by reference’’ (Rule 902); R 336.1916— 

‘‘Affirmative defense for excess 

emissions during start-up or shutdown’’ 

(Rule 916); and R 336.1930—‘‘Emission 

of carbon monoxide from ferrous cupola 

operations’’ (Rule 930). This rule will 

only take action on Rule 930. The 

revisions to Rule 902 have already been 

approved into Michigan’s SIP, and the 

revisions to Rule 916 will be addressed 

in a future action. 

Michigan’s Rule 930 specifies CO 

emission limits for large ferrous cupola 

operations with a melting capacity of 20 

tons or more per hour. Rule 930 

currently approved into the Michigan 

SIP only applies to ferrous cupola 

operations in Saginaw, Macomb, 

Oakland, and Wayne Counties in 

Michigan. The rule is designed to 

require installation of afterburner 

control system, or equivalent, which 

reduces the CO emissions from the 

ferrous cupola by 90 percent. 

On May 3, 2018 (83 FR 19497), EPA 

published a notice of proposed 

rulemaking (NPR) proposing approval of 

Michigan’s Part 9 Rule submitted by 

MDEQ on February 2, 2017, and 

supplemented on November 8, 2017, as 

a revision into Michigan’s SIP. 

Specifically, we proposed to approve 

the revision that updates the 

applicability of Rule 930 to: (1) Remove 

an obsolete compliance date and 

requires immediate compliance, (2) 

remove the areas of the state that no 

longer contain ferrous cupola sources 

subject to the rule, and (3) correct the 

citation to a Federal test method to 

determine CO emission rates for rule 

compliance. The specific details of 

Michigan’s SIP revision and the 

rationale for EPA’s approval are 

discussed in the NPR. 

EPA received no comments on the 

proposed action. 

II. What action is EPA taking? 

EPA is approving Michigan’s Part 9, 

specifically for Rule 930 submitted by 

MDEQ on February 2, 2017, and 

supplemented on November 8, 2017, as 

a revision to the Michigan SIP. 

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 

State implementation plan, 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 


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Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Rules and Regulations 34051 

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 September 17, 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: July 9, 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, the table in paragraph 

(c) is amended by revising the entry for 

‘‘R 339.1930’’ under the heading ‘‘Part 9. 

Emission Limitations and 

Prohibitions—Miscellaneous’’ to read as 

follows: 

§ 52.1170 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MICHIGAN REGULATIONS

Michigan citation Title State effective 

date EPA approval date Comments 

*******

Part 9. Emission Limitations and Prohibitions—Miscellaneous 

*******

R 339.1930 ........ Emission of carbon monoxide from ferrous cupola operations.12/20/2016 7/19/2018, [insert Federal Register citation].

*******

* * * * * 

[FR Doc. 2018–15339 Filed 7–18–18; 8:45 am] 

BILLING CODE 6560–50–P 


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