[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Proposed Rules]
[Pages 50369-50370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20157]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2010-0566; FRL-9900-18-Region 5]
Approval and Promulgation of Air Quality Implementation Plans;
Michigan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: On February 6, 2013, EPA proposed to approve revisions to the
State of Michigan's Clean Air Act State Implementation Plan (SIP) that
Michigan had submitted on March 24, 2009. Michigan's submittal included
revisions to Part 1, Definitions; Part 2, Air Use Approval; and Part
19, New Source Review for Sources Impacting Nonattainment Areas, of the
Michigan rules. EPA is revising the February 6, 2013, proposed approval
to announce that we will not take action on the changes to Part 2 Air
Use Approval rules and of the Part 2 revision submittals on November
12, 1993, May 16, 1996, April 3, 1998, September 2, 2003, and March 24,
2009, at this time. EPA is proposing to rescind Michigan's rule
336.1220 from its SIP. Michigan included this request to rescind this
portion of the rule in its March 24, 2009, submittal as part of the
Part 19 New Source Review rule approval. The rescission of rule
336.1220 will eliminate having differing nonattainment rules in the
State SIP.
DATES: Comments must be received on or before September 18, 2013.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-0566, 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) 886-0968.
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-
2010-0566. 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, 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?
[[Page 50370]]
II. What action is EPA taking?
III. 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 action is EPA taking?
On February 6, 2013, EPA proposed to approve revisions to Part 1,
Definitions; Part 2, Air Use Approval; and Part 19, New Source Review
for Sources Impacting Nonattainment Areas, into the State of Michigan's
SIP (78 FR 8485). With this notice, EPA is withdrawing our proposed
action to approve the revisions to Michigan Part 2, Air Use Approval,
into the Michigan SIP. The proposed approval of the Michigan Part 1 and
Part 19 rules remains as proposed in the February 6, 2013, rulemaking
action.
EPA is also proposing to rescind Michigan rule 336.1220 from the
Michigan SIP. On March 6, 2013, Michigan submitted a letter to EPA
regarding their March 24, 2009, submittal and its request to rescind
rule 336.1220. This rule contains Michigan's current permitting rule
for major sources of air pollution located in nonattainment areas. This
rule is being rescinded and replaced with Part 19 which contains rules
reflecting current Federal permitting requirements for major sources of
air pollution in nonattainment areas. The new rules reflect all recent
changes to Federal nonattainment area New Source Review rules that were
promulgated by EPA. On December 31, 2002, EPA published revisions to
the Federal Prevention of Significant Deterioration and nonattainment
area New Source Review regulations in 40 CFR Parts 51 and 52 (67 FR
80186). These revisions are commonly referred to as ``NSR Reform''
regulations and became effective on March 3, 2003. EPA is now
soliciting comments on the proposed rescission of rule 336.1220 from
the Michigan SIP.
III. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
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 Clean Air Act.
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 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: August 7, 2013.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2013-20157 Filed 8-16-13; 8:45 am]
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