[Federal Register Volume 77, Number 177 (Wednesday, September 12, 2012)]
[Rules and Regulations]
[Pages 56124-56125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22328]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2011-0826; FRL-9725-6]
Approval and Promulgation of Air Quality Implementation Plans;
Michigan; PSD and NSR Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving specified revisions to Michigan's State
Implementation Plan (SIP) that EPA has determined are consistent with
the Federal requirements of the prevention of significant deterioration
(PSD) construction permit program for the purpose of meeting the
requirements of the Clean Air Act (CAA) with regard to new source
review (NSR) in Class I areas attaining the National Ambient Air
Quality Standards.
DATES: This final rule is effective on October 12, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2011-0826. All documents in the docket are listed on
the www.regulations.gov web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information 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
electronically through www.regulations.gov or in hard copy 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 Constantine Blathras,
Environmental Engineer, at (312) 886-0671 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Constantine Blathras, Environmental
Engineer, Air Permits Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-0671, [email protected].
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 action is EPA taking?
II. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is approving Michigan's request to revise its SIP to add rule
R. 336.2816 to be consistent with Federal PSD regulations in 40 CFR
51.166(p), that require state PSD programs to have a mechanism in place
to coordinate and consult with Federal land managers of Class I PSD
areas. On January 9, 2008, EPA proposed to disapprove R. 336.2816 from
Michigan's SIP submittal because it did not provide for such a
mechanism. Michigan has now revised R. 336.2816 to be consistent with
the Federal requirement.
On March 25, 2010, EPA published a direct final approval to convert
a conditional approval of the Michigan PSD SIP to full approval under
section 110 of the CAA. In that action, EPA stated that we would be
taking a separate action on rule R. 336.2816(2) through (4),
(requirements relating to Class I areas). Michigan has now revised R.
336.2816 to be consistent with the Federal requirement.
EPA is not acting on Michigan's request to revise its SIP by adding
a significance level for particulate matter less than 2.5 microns
(PM2.5). EPA has established a significance threshold to
limit the applicability of PSD and NSR regulations to sources with
emissions above the significance level. To be consistent with the
Federal requirements, Michigan amended R. 336.2801 and R. 336.2901 to
add the significance threshold for PM2.5. Because Michigan
is planning to submit additional state rules as revisions to its SIP
for precursors of PM2.5, EPA will defer action on this
matter.
II. 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. 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 Order
12866 (58 FR 51735, October 4, 1993);
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
[[Page 56125]]
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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
In May 2011, EPA issued its policy on consultation and coordination
with Indian tribes. EPA explained that its policy is to consult on a
government to government basis with Federally recognized tribal
governments when EPA actions and decisions may affect tribal interests.
Accordingly, EPA sent an invitation to consult with potentially
interested tribes, and subsequently engaged in consultation with
representatives of the Forest County Potawatomi Community (FCPC)
regarding the Michigan proposed SIP revisions.
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 13, 2012. 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, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 29, 2012.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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) entitled ``EPA--
Approved Michigan Regulations'' is amended by adding a new entry in
numerical order for Part 18 to read as follows:
Sec. 52.1170 Identification of plan.
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(c) * * *
EPA--Approved Michigan Regulations
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Michigan citation Title State effective date EPA approval date Comments
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Part 18. Prevention of Significant Deterioration of Air Quality
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R 336.2816............. Sources impacting June 30, 2011.......... September 12,
federal class I 2012, [Insert
areas; additional page number where
requirements. the document
begins].
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[FR Doc. 2012-22328 Filed 9-11-12; 8:45 am]
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