[Federal Register Volume 77, Number 118 (Tuesday, June 19, 2012)]
[Proposed Rules]
[Pages 36442-36443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14937]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2011-0826; FRL-9689-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Michigan; PSD Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the Prevention of 
Significant Deterioration (PSD) construction permit program of State of 
Michigan's State Implementation Plan (SIP) to meet the Clean Air Act 
(CAA) requirements for PSD in Class I Areas attaining the National 
Ambient Air Quality Standards.

DATES: Comments must be received on or before July 19, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2011-0826, 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) 385-5501.
    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 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-
2011-0826. 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 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 should I consider as I prepare my comments for EPA?
II. What revisions are included in the proposed approval?
III. What action is EPA taking?
IV. 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 revisions are included in the proposed approval?

    On September 2, 2011, the Michigan Department of Environmental 
Quality (MDEQ) submitted to EPA for approval a revision to the Michigan 
SIP consisting of amendments to Michigan Air Pollution Control Rules, 
Part 18, PSD, and Part 19, PSD for major sources. Specifically, 
Michigan submitted a revision to modify Michigan Air Pollution Control 
Rule R. 336.2816 to

[[Page 36443]]

make it consistent with the Federal requirements for PSD in Class I 
Areas. Additionally, Michigan submitted amendments to modify Michigan's 
Air Pollution Control Rules R. 336.2801 and R. 336.2910 to add a 
significance threshold of 10 tons per year for particulate matter less 
than 2.5 microns in size (PM2.5). However, EPA is not 
proposing action on the particulate matter amendments in this 
rulemaking action; we will propose action at a later date, when 
Michigan submits additional rules pertaining to its definitions for 
PM2.5.

III. What action is EPA taking?

    EPA is proposing to approve 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 September 16, 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. With this change, EPA is proposing to 
fully approve the revised R. 336.2816 for its PSD program. 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 notice, EPA stated that we would be taking a separate 
action on rule R. 336.2816(2) through (4)(requirements relating to 
Class I Areas).
    EPA is not proposing to approve Michigan's request to revise its 
SIP by adding requirements for a significance level for 
PM2.5. EPA has established a significance threshold to limit 
the applicability of PSD 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.
    EPA is also proposing to approve the removal of R. 336.2830 and R. 
336.2910 from the Michigan SIP. Appeals of state permit actions will be 
handled through the state's appeal process.

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). 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
     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 regarding the 
Michigan proposed SIP revisions.

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.

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

    Dated: June 11, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-14937 Filed 6-18-12; 8:45 am]
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