[Federal Register Volume 75, Number 186 (Monday, September 27, 2010)]
[Rules and Regulations]
[Pages 59081-59084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23987]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2010-0657; FRL-9205-6]
Approval and Promulgation of Air Quality Implementation Plans;
Michigan; PSD Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve revisions to the
Michigan State Implementation Plan (SIP). The revisions serve to meet
specific requirements of the prevention of significant deterioration
(PSD) construction permit program under the Federal Clean Air Act
(CAA). This program affects major stationary sources in Michigan that
are subject to or potentially subject to the PSD construction permit
program. On July 16, 2010, Michigan submitted revisions pertaining to
the ``net emission increase'' definition and the ``reasonable
possibility'' recordkeeping and reporting requirements, and EPA has
found the revisions acceptable.
DATES: This direct final rule will be effective November 26, 2010,
unless EPA receives adverse comments by October 27, 2010. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-0657, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: (312) 692-2450.
Mail: Pamela Blakley, Chief, Air Permits Section, (AR-
18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
Hand Delivery: Pamela Blakley, Chief, Air Permits Section,
(AR-18J), U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604. 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's 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-
2010-0657. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://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 through http://www.regulations.gov or email information that you consider to be CBI or
otherwise protected. The http://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.
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If you send an e-mail comment directly to EPA without going through
http://www.regulations.gov your e-mail 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.
Docket: All documents in the docket are listed in the http://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 http://www.regulations.gov or in hard copy at the U.S. 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 Pamela Blakley, Chief, Air
Permits Section, at (312) 886-4447 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Pamela Blakley, Chief, Air Permits
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604,
(312) 886-4447, [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. Background
II. What Proposed Revisions Are Included in This Approval?
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On December 21, 2006, Michigan submitted to EPA the Michigan Air
Pollution Control Rules, part 18, rules R 336.2801 [(a) through (tt)
except (j) and (ff)] to R 336.2819 and R 336.2823(1) to (14) (``part
18'') for approval into the Michigan SIP. Part 18 relates to the State
of Michigan's PSD permit program. Revisions to part 18 were adopted by
Michigan Department of Natural Resources and Environment (MDNRE) on
December 4, 2006. EPA proposed to conditionally approve the PSD SIP
rules under section 110 of the CAA on January 9, 2008 (73 FR 1570). EPA
received several comments on its proposal. On September 16, 2008, after
considering the comments, EPA finalized its conditional approval of the
submittal, except for Michigan rule R 336.2816, ``Sources Impacting
Federal Class I Areas--Additional Requirements'' (73 FR 53366). In a
separate action on September 16, 2008, EPA addressed that excepted
section by proposing to partially disapprove the portion of Michigan's
SIP revision submission consisting of Michigan rule R 336.2816 (73 FR
53401).
On September 30, 2008, MDNRE submitted additional revisions to the
SIP which incorporated the corrections required by EPA in the
conditional approval. Specifically, the rules revised are R
336.2801(r)(ii)(definition of ``emission unit'') and R 336.2801(hh)
(definition of ``potential to emit''). EPA concluded that the submitted
revisions to the SIP satisfied the conditions listed in EPA's
conditional approval, and converted its prior conditional approval to
full approval on March 25, 2010 (75 FR 14401).
II. What proposed revisions are included in this approval?
On July 16, 2010, Michigan submitted two SIP revisions pertaining
to the ``net emission increase'' definition and the ``reasonable
possibility'' recordkeeping and reporting requirements. As part of its
December 21, 2006 submittal, Michigan had established and EPA had
approved the definition of ``net emissions increase'' in R
336.2801(ee). As allowed by 40 CFR 51.166(b), this definition was more
stringent than the corresponding Federal definition at 40 CFR
51.166(b). However, in a letter dated May 17, 2007, Michigan indicated
that it was revising the definition of ``net emissions increase'' so
that it would follow the same requirements as the Federal rule. The
revision was approved by the State on September 11, 2008, and Michigan
submitted it to EPA on July 16, 2010, for approval into the Michigan
SIP. The definition in the July 16, 2010, submittal is consistent with
the definition in 40 CFR 51.166(b)(3).
Michigan also established the ``reasonable possibility''
recordkeeping and reporting requirements in R 336.2818(3) and submitted
the rule for approval into the Michigan SIP as part of the December 21,
2006, submittal. Michigan rule R 336.2818 places specific requirements
on the PSD permit, including recordkeeping requirements for applicants
using certain methods for determining if a project results in a
significant emissions increase. However, the MDNRE's minor source
permitting program--Michigan rule R 336.201--requires this information
to be submitted for all sources as part of a complete Permit To Install
application before beginning actual construction on the proposed
project (rather than where there is a ``reasonable possibility'' that
the source may exceed the projected actual emissions, as required by
the Federal regulations). Therefore, on September 11, 2008, Michigan
adopted a revised rule R 336.2818(3) and, on July 16, 2010, submitted
it to EPA for approval into the Michigan SIP. The revision is
consistent with the requirements of 40 CFR 51.166(r)(6).
III. Final Action
As explained above, MDNRE submitted revisions to R 336.2801(ee) and
R 336.2818(3). The revisions are consistent with the requirements of 40
CFR 51.166. Therefore, EPA is taking direct final action to approve
Michigan's SIP revisions.
We are publishing this action without prior proposal because we
view this as a noncontroversial revision and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the State plan if relevant adverse
written comments are filed. This rule will be effective November 26,
2010 without further notice unless we receive relevant adverse written
comments by October 27, 2010. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. If we do not receive any comments, this action will be
effective November 26, 2010.
IV. 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).
[[Page 59083]]
Thus, in reviewing SIP submissions, EPA's role is to approve state
regulations, 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 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 CAA; 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 will not impose substantial direct costs on tribal
governments or preempt tribal law.
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 of 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 26, 2010. 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: September 11, 2010.
Susan Hedman,
Regional Administrator, Region 5.
0
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.
Subpart X--Michigan
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2. In Sec. 52.1170, the table in paragraph (c) entitled ``EPA-Approved
Michigan Regulations'' is amended by adding new entries in numerical
order for part 18 to read as follows:
Sec. 52.1170 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Michigan Regulations
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State effective
Michigan citation Title date EPA approval date Comments
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* * * * * * *
Part 18. Prevention of Significant Deterioration of Air Quality
* * * * * * *
R 336.2801...................... Definitions....... September 11, 2008 September 27, Section (ee).
2010, [Insert
page number where
the document
begins].
* * * * * * *
R 336.2818...................... Source Obligation. September 11, 2008 September 27, Section (3).
2010, [Insert
page number where
the document
begins].
* * * * * * *
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[FR Doc. 2010-23987 Filed 9-24-10; 8:45 am]
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