[Federal Register Volume 77, Number 177 (Wednesday, September 12, 2012)]
[Rules and Regulations]
[Pages 56124-56125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22328]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2011-0826; FRL-9725-6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving specified revisions to Michigan's State 
Implementation Plan (SIP) that EPA has determined are consistent with 
the Federal requirements of the prevention of significant deterioration 
(PSD) construction permit program for the purpose of meeting the 
requirements of the Clean Air Act (CAA) with regard to new source 
review (NSR) in Class I areas attaining the National Ambient Air 
Quality Standards.

DATES: This final rule is effective on October 12, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2011-0826. All documents in the docket are listed on 
the www.regulations.gov web site. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through 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 action is EPA taking?
II. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is approving 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 January 9, 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.
    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 action, EPA stated that we would be 
taking a separate action on rule R. 336.2816(2) through (4), 
(requirements relating to Class I areas). Michigan has now revised R. 
336.2816 to be consistent with the Federal requirement.
    EPA is not acting on Michigan's request to revise its SIP by adding 
a significance level for particulate matter less than 2.5 microns 
(PM2.5). EPA has established a significance threshold to 
limit the applicability of PSD and NSR 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.

II. 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

[[Page 56125]]

     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 (FCPC) 
regarding the Michigan proposed SIP revisions.
    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 13, 2012. 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: August 29, 2012.
Susan Hedman,
Regional Administrator, Region 5.

    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.


0
2. In Sec.  52.1170, the table in paragraph (c) entitled ``EPA--
Approved Michigan Regulations'' is amended by adding a new entry 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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   Michigan citation            Title          State effective date    EPA approval date         Comments
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                                                 * * * * * * *
Part 18. Prevention of Significant Deterioration of Air Quality
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                                                  * * * * * * *
R 336.2816.............  Sources impacting   June 30, 2011..........  September 12,
                          federal class I                              2012, [Insert
                          areas; additional                            page number where
                          requirements.                                the document
                                                                       begins].
 
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[FR Doc. 2012-22328 Filed 9-11-12; 8:45 am]
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