[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Rules and Regulations]
[Pages 24691-24692]
[FR Doc No: 2023-08484]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2022-0728; FRL-10255-02-R5]

Air Plan Approval; Michigan; Part 4 Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to Michigan's State Implementation Plan (SIP). The Michigan
Department of Environment, Great Lakes, and Energy (EGLE) submitted on
August 17, 2022, changes to Michigan's Air Pollution Control Rules,
Emissions Limitations and Prohibitions--Sulfur Bearing Compounds. The
revision includes administrative changes to existing rules and updates
to material adopted by reference.

DATES: This final rule is effective on May 24, 2023.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2022-0728. 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 and facility
closures due to COVID-19. We recommend that you telephone Charles
Hatten at<PHONE_NUMBER>, before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Control Strategies
Section, Air Programs Branch (AR18J), Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)
886-6031, [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. What is being addressed in this document?

    This revision approves EGLE's August 17, 2022, submission to
Michigan's Air Pollution Control Rules in Chapter 336, Part 4. The
revision includes administrative changes to existing rules and updates
to material adopted by reference. A detailed analysis of the revision,
and EPA's reasons for approval are provided in EPA's notice of proposed
rulemaking (NPRM), dated January 13, 2023 (88 FR 2303), and will not be
restated here.

II. What comments did we receive on the proposed rule?

    EPA provided a 30-day review and comment period in the NPRM. The
comment period ended on February 13, 2023. We received no comments on
the proposed rule.

III. What action is EPA taking?

    EPA is approving the revision to Part 4 as submitted on August 17,
2022, into the Michigan SIP. Specifically, EPA is approving revision to
Michigan rule R336.1401a ``Definitions''; R336.1401 ``Emission of
sulfur dioxide from power plants''; R336.1402 ``Emission of
SO2 from fuel-burning equipment at a stationary source other
than power plants''; and R336.1404 ``Emission of SO2 and
sulfuric acid mist from sulfuric acid plants'', effective October 24,
2019.

IV. 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 addressing SO2 emissions, as described in
section III of this preamble and set forth 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 Clean Air Act (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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V. 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);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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.
    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).

    Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
    EGLE did not evaluate environmental justice considerations as part
of its SIP submittal; the CAA and applicable implementing regulations
neither prohibit nor require such an evaluation. EPA did not perform an
EJ analysis and did not consider EJ in this action. Due to the nature
of the action being taken here, this action is expected to have a
neutral to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
    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 June 23, 2023. 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) of the CAA.)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: April 17, 2023.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, title 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 by revising
the entries for R336.1401a, R336.1401, R336.1402, and R336.1404 under
the heading ``Part 4. Emission Limitations and Prohibitions--Sulfur
Bearing Compounds'' to read as follows:

Sec.  52.1170  Identification of plan.

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    (c) * * *

                                        EPA-Approved Michigan Regulations
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                                                              State
      Michigan citation                  Title           effective date     EPA approval date        Comments
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                     Part 4. Emission Limitations and Prohibitions--Sulfur Bearing Compounds
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R 336.1401...................  Emission of sulfur            10/24/2019  4/24/2023, [INSERT       ..............
                                dioxide from power                        FEDERAL REGISTER
                                plants.                                   CITATION].
R 336.1401a..................  Definitions.............      10/24/2019  4/24/2023, [INSERT       ..............
                                                                          FEDERAL REGISTER
                                                                          CITATION].
R 336.1402...................  Emission of SO2 from          10/24/2019  4/24/2023, [INSERT       ..............
                                fuel-burning equipment                    FEDERAL REGISTER
                                at a stationary source                    CITATION].
                                other than power plants.

                                                  * * * * * * *
R 336.1404...................  Emission of SO2 and           10/24/2019  4/24/2023, [INSERT       ..............
                                sulfuric acid mist from                   FEDERAL REGISTER
                                sulfuric acid plants.                     CITATION].

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[FR Doc. 2023-08484 Filed 4-21-23; 8:45 am]
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