[Federal Register Volume 78, Number 25 (Wednesday, February 6, 2013)]
[Proposed Rules]
[Pages 8485-8487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02673]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2010-0566; FRL-9776-9]
Approval and Promulgation of Air Quality Implementation Plans;
Michigan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve revisions to the State of
Michigan's New Source Review (NSR) State Implementation Plan (SIP)
including their revised Part 2 NSR permitting rules, and the addition
of their Part 19 rules revising Michigan's NSR rules for major sources
in nonattainment areas to include the Federal NSR reform rules, and
other revisions that are affected by the Federal NSR rules. The
Michigan Department of Environmental Quality (MDEQ) submitted these
revisions to EPA on March 24, 2009.
DATES: Comments must be received on or before March 8, 2013.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-0566, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Fax: (312) 886-0968.
4. Mail: Genevieve Damico, Chief, Air Permits Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Genevieve Damico, Chief, Air Permits Section, Air
Programs Branch (AR-18J), U.S. Environmental
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Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted during the Regional Office normal
hours of operation, and special arrangements should be made for
deliveries of boxed information. The Regional Office official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2010-0566. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
instructions on submitting comments, go to Section I of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in 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, 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 should I consider as I prepare my comments for EPA?
II. What action is EPA taking?
III. Statutory and Executive Order Reviews
I. What should I consider as I prepare my comments for EPA?
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
2. Follow directions--EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
II. What action is EPA taking?
EPA is proposing to approve the following Michigan air pollution
control rules as a revision to its SIP. On March 24, 2009, Michigan
submitted the following rule revision packages to EPA for approval: (1)
Part 1, general provisions. Revisions include amendments to R336.1102
to R336.1105 (including R336.1103 and R.336.1104) (definitions; B, C,
D, E), R336.1109 (definitions, I), R336.1112 to R336.1114 (including
R226.1113) (definitions; L, M, N), and R336.1122 (definitions; V).
These revisions were made to modify the definitions that impact the new
NSR permitting rules in Part 19 as well as modify the definition of
volatile organic compound. (2) Part 2, Air Use Approval. Revisions
include amendments to R36.1201 (Permits to install), R336.1202 (Waivers
of approval), R336.1205 (Permit to install; approval), R3336.1207
(Denial of permits to install), R336.1219 (Amendments for change of
ownership or operational control), R336.1240 (Required air quality
models), R336.1241 (Air quality modeling demonstration requirements),
R336.1278 (Exclusion from exemption), R.336.1281 (Permit to install
exemptions; cleaning, washing, and drying equipment), R336.1284 (Permit
to install exemption; containers), R3361285 (Permit to install
exemptions; miscellaneous), R3361288 (Permit to install exemptions; oil
and gas processing equipment), and R336.1299 (Adoption of standards by
reference). In addition, all relevant citations in the Part 2 rules
have been changed to reflect Michigan's new permitting authority in the
new Part 18 and 19 rules. (3) For Part 19, NSR for Major Sources
Impacting Nonattainment Areas, these revisions include R336.2901
(Definitions), R336.2901a (Adoption by reference), R336.2902
(Applicability), R336.2903 (Additional permit requirements for sources
impacting nonattainment areas), R336.2907 (Actuals plantwide
applicability limits or PALs), and R336.2908 (Conditions for approval
of a major new source review permit in a nonattainment area).
EPA has reviewed the rules MDEQ submitted on March 24, 2009,
against the Federal nonattainment air quality permitting regulations
found in 40 CFR 51.165(a) and (b). EPA has found that the rules as
submitted by Michigan for revision into its SIP are at least as
stringent as these Federal rules. The Federal rules found at Sec.
51.165(a) and (b) specify the elements of an approvable State permit
program for preconstruction review for nonattainment purposes under
part D of the Clean Air Act. A major source or major modification that
would be located in an area designated as nonattainment and subject to
the nonattainment area permit must meet stringent conditions designed
to ensure that the new source's emissions will be controlled to the
greatest degree possible; that more than equivalent offsetting emission
reductions will be obtained from existing sources; and that
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there will be progress toward achieving the National Ambient Air
Quality Standards.
III. 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 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
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.
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: January 24, 2013.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2013-02673 Filed 2-5-13; 8:45 am]
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