[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.

[[Page 59082]]

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

0
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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                         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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