[Federal Register Volume 67, Number 125 (Friday, June 28, 2002)]
[Rules and Regulations]
[Pages 43548-43550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16274]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MI78-01-7287a, FRL-7226-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Michigan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is approving several rule revisions and rescissions 
for incorporation into Michigan's State Implementation Plan (SIP). The 
Michigan Department of Environmental Quality (MDEQ) submitted these 
revisions on July 7, 2000 and supplemented them with letters dated 
January 29, 2001, and February 6, 2002. They include revisions to 
definitions, open burning rules, general volatile organic compound 
(VOC) provisions, and administrative procedures, and the rescission of 
two obsolete rules.

DATES: This rule is effective on August 27, 2002, unless EPA receives 
adverse written comments by July 29, 2002. If EPA receives adverse 
comments, EPA will publish a timely withdrawal of the rule in the 
Federal Register and inform the public that the rule will not take 
effect.

ADDRESSES: You may inspect copies of the documents relevant to this 
action during normal business hours at the following location:

    Regulation Development Section, Air Programs Branch, (AR-18J), 
U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois, 60604.

    Please contact Kathleen D'Agostino at (312) 886-1767 before 
visiting the Region 5 office.
    Send written comments to: Carlton Nash, Chief, Regulation 
Development Section, Air Programs Branch, (AR-18J), U.S. Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois, 60604.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental 
Engineer, Regulation Development Section, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-1767.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What Did Michigan Submit?
II. What Action is EPA Taking?
III. Is this Action Final, or May I Still Submit Comments?
IV. What Administrative Requirements Did EPA Consider?

I. What Did Michigan Submit?

    On July 7, 2000, MDEQ submitted revisions to Michigan's SIP. This 
submittal was supplemented with letters dated January 29, 2001, and 
February 6, 2002. The state has requested that we act on the following 
Michigan Administrative Code rule revisions and rescissions:
    R 336.1104 Definitions; D--Michigan added (d), (e), (f), and (g), 
which are definitions for ``demolition waste material,'' 
``department,'' ``difficult-to-monitor component,'' and ``dry organic 
resin,'' respectively. The state also renumbered the definition for 
``dispensing facility'' from (d) to (h).
    R 336.1310 Open burning--Minor wording changes were made to this 
section that do not change the substance of the rule. For example, 
``commission'' was changed to ``department.'' The only substantive 
change removes the requirement that MDEQ give prior approval to a 
source burning structures exclusively for fire prevention training.
    R 336.1320--This rule required existing sources to submit, by 
January 18, 1981, a compliance program which would show compliance with 
the requirements of rule R 336.1331, emission of particulate matter. 
The state is rescinding this rule because it is obsolete. The dates for 
required action have passed and sources covered by the rule are already 
in compliance.
    R 336.1602--General provisions for existing sources of volatile 
organic compound emissions--The state has revised this rule to add a 
renewable operating permit as one of the legal documents that can limit 
emissions.
    R 336.2701 and R 336.2702--These rules referenced the ``Air 
Pollution Act, Act 348 of the Public Acts of 1965, as amended.'' This 
act has been replaced by the ``Natural Resources and Environmental 
Protection Act, Act 451 of the Public Acts of 1994, as amended.'' Part 
of the changes in these rules are to reference the proper act and 
remove conflicting dates between the rules and the Natural Resources 
and Environmental Protection Act. In addition, rule 336.2702 adds a 
definition for ``authorized agent.''
    R 336.2703--This rule addresses some functions of the Air Pollution 
Control Commission and some provisions of Public Act 348 of 1965, as 
amended. The Public Act and the Commission referred to in this rule are 
not in existence or effect. The rule was rescinded because it is 
obsolete.
    EPA is approving revisions to Michigan's regulations to 
definitions, open burning rules, general volatile organic compound 
provisions, and administrative procedures, and the rescission of two 
obsolete rules.

II. What Action Is EPA Taking?

    All of these revisions and rescissions are consistent with the 
Clean Air Act and are approvable. Therefore, we are

[[Page 43549]]

approving the following rules for incorporation into Michigan's SIP: R 
336.1104, R 336.1310, R 336.1602, R 336.2701, and R 336.2702. We are 
also approving the removal of the following rules from Michigan's SIP: 
R 336.1320 and R 336.2703.

III. Is This Action Final, or May I Still Submit Comments?

    EPA is publishing this action without prior proposal, because EPA 
views this as a noncontroversial revision and anticipates no adverse 
comments. However, in a separate document in this Federal Register 
publication, EPA is proposing to approve the SIP revision. Should EPA 
receive adverse written comments by July 29, 2002, we will withdraw 
this direct final and respond to any comments in a final action. If EPA 
does not receive adverse comments, this action will be effective 
without further notice. Any parties interested in commenting on this 
action should do so at this time. If we do not receive comments, this 
action will be effective on August 27, 2002.

IV. What Administrative Requirements Did EPA Consider?

    Under Executive Order 12866, ``Regulatory Planning and Review'' (58 
FR 51735, October 4, 1993), this action is not a ``significant 
regulatory action'' and therefore is not subject to review by the 
Office of Management and Budget. For this reason, this action is also 
not subject to Executive Order 13211, ``Actions Concerning Regulations 
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001). This action merely approves state law as meeting 
federal requirements and imposes no additional requirements beyond 
those imposed by state law. Accordingly, the Administrator certifies 
that this rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing 
requirements under state law and does not impose any additional 
enforceable duty beyond that required by state law, it does not contain 
any unfunded mandate nor does it significantly or uniquely affect small 
governments, as described in the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTA), 15 U.S.C. 272, requires federal agencies to use 
technical standards that are developed or adopted by voluntary 
consensus to carry out policy objectives, so long as such standards are 
not inconsistent with applicable law or otherwise impracticable. In 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the Act. Absent a prior 
existing requirement for the state to use voluntary consensus 
standards, EPA has no authority to disapprove a SIP submission for 
failure to use such standards, and it would thus be inconsistent with 
applicable law for EPA to use voluntary consensus standards in place of 
a SIP submission that otherwise satisfies the provisions of the Act. 
Therefore, the requirements of section 12(d) of the NTTA do not apply.
    As required by section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996), in issuing Michigan's rule in this notice, EPA has 
taken the necessary steps to eliminate drafting errors and ambiguity, 
minimize potential litigation, and provide a clear legal standard for 
affected conduct. EPA has complied with Executive Order 12630 (53 FR 
8859, March 15, 1988) by examining the takings implications of the rule 
in accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings' issued 
under the executive order, and has determined that the rule's 
requirements do not constitute a taking. This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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 rule 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 August 27, 2002. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: May 17, 2002.
Robert Springer,
Acting Regional Administrator, Region 5.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart X--Michigan

    2. Section 52.1170 is amended by adding paragraph (c)(116) to read 
as follows:


Sec. 52.1170  Identification of plan.

* * * * *
    (c) * * *

[[Page 43550]]

    (116) The Michigan Department of Environmental Quality submitted 
revisions to Michigan's State Implementation Plan (SIP) on July 7, 2000 
and supplemented them with letters dated January 29, 2001, and February 
6, 2002. They include revisions to definitions, open burning rules, 
general volatile organic compound provisions, and administrative 
procedures. The revision removed from the SIP rules R 336.1320 and R 
336.2703, which the State rescinded effective April 10, 2000.
    (i) Incorporation by reference. The following sections of the 
Michigan Administrative Code are incorporated by reference.
    (A) R 336.1104 Definitions; D, effective April 10, 2000.
    (B) R 336.1310, Open burning, effective February 3, 1999.
    (C) R 336.1602 General provisions for existing sources of volatile 
organic compound emissions, effective April 10, 2000.
    (D) R 336.2701 Petitions for review and for contested case 
hearings; hearing procedure; ``duly authorized agent'' defined, 
effective April 10, 2000.
    (E) R 336.2702 Appearances, effective April 10, 2000.

[FR Doc. 02-16274 Filed 6-27-02; 8:45 am]
BILLING CODE 6560-50-P