[Federal Register Volume 79, Number 65 (Friday, April 4, 2014)]
[Rules and Regulations]
[Pages 18802-18805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06825]



40 CFR Part 52

[EPA-R05-OAR-2013-0646; FRL-9908-72-Region 5]

Approval and Promulgation of Air Quality Implementation Plans; 
Michigan; PSD Rules for PM2.5

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct Final Rule.


SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to Michigan's Prevention of Significant Deterioration (PSD) 
Program rules and definitions, including revisions to Parts 1 and 18 of 
Michigan's Air Pollution Control Rules into Michigan's State 
Implementation Plan (SIP). The revised rules address the Federal 
requirements for significant emission levels, and definitions for fine 
particulate matter (PM2.5). The Michigan Department of 
Environmental Quality (MDEQ) submitted these revisions to EPA on August 
9, 2013, and September 19, 2013.

DATES: This direct final rule is effective June 3, 2014, unless EPA 
receives adverse comments by May 5, 2014. 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-2013-0646, 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-
2013-0646. 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.
    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

[[Page 18803]]

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. Background
II. What action is EPA taking?
III. Statutory and Executive Order Reviews.

I. Background

    On August 9, 2013, MDEQ submitted revisions to Michigan rules R 
336.2801, Definitions; R 336.2803, Ambient air increments; and R 
336.2816, Sources impacting Federal Class I areas, additional 
requirements, which reflect changes to Federal rules on 
PM2.5 and ozone precursors. MDEQ also submitted various 
revisions to Michigan rule R 336.2809 to allow for the exemption from 
permitting requirements of minimal air quality impacts from new 
sources; however, MDEQ has requested that EPA not act on subsection R 
336.2809(5)(a)(iii), which creates a significant monitoring 
concentration (SMC) for PM2.5. Michigan had promulgated this 
subsection before the U.S. Court of Appeals for the District of 
Columbia Circuit vacated the Federal PM2.5 SMC on January 
22, 2013. On September 19, 2013, MDEQ submitted revisions to 
definitions in Michigan rules R 336.1116, R 336.1119, and R 336.1122 to 
address additional changes to Federal rules. The revisions to rules R 
336.1116 and R 336.1119 add significance levels and definitions for 
PM2.5 and account for PM2.5 and PM10 
condensables in applicability determinations and in establishing 
emissions limits. The revision to R 336.1122(f) updates the definition 
of volatile organic compounds to exclude additional compounds with 
negligible reactivity in the formation of ozone that have been approved 
by EPA. However, MDEQ has asked EPA not to act on the revision to the 
definition of ``significant'' in rule R 336.1119 at this time. Michigan 
will resubmit revisions to that definition at a later date.

II. What action is EPA taking?

    EPA is approving the submitted revisions to Michigan's Part 1 
definitions, with the exception of the definition of ``significant'' in 
rule R 336.1119. EPA has determined that the revised rules comply with 
the revisions to the Federal requirements found in 40 CFR 51.100, 
51.165, and 51.166, pertaining to new definitions and provisions for 
    EPA is approving the submitted revisions to Michigan's Part 18 PSD 
rules into the Michigan SIP, with the exception of R 
336.2809(5)(a)(iii), on which we are taking no action. EPA has 
determined that the revised rules comply with the revisions to the 
Federal definitions and provisions pertaining to PM2.5 found 
at 40 CFR 51.100, 51.165, and 51.166.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment 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 June 3, 2014 
without further notice unless we receive relevant adverse written 
comments by May 5, 2014. 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. We then will address all 
public comments 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. 
Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule that may be severed from the 
remainder of the rule, EPA may adopt as final those provisions of the 
rule that are not the subject of the adverse comment. If we do not 
receive any adverse comments, this action will be effective June 3, 

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 (Public Law 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.
    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 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 

[[Page 18804]]

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 June 3, 2014. 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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: March 17, 2014.
Susan Hedman,
Regional Administrator, Region 5.
    40 CFR part 52 is amended as follows:


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

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

2. In Sec.  52.1170 the table in paragraph (c) is amended by:
i. Revising the entries in ``Part 1. General Provisions'' for R 
336.1116 and R 336.1122; and
ii. Revising the entries in ``Part 18. Prevention of Significant 
Deterioration of Air Quality'' for R 336.2801, R 336.2803, R 336.2809, 
and R 336.2816.

    The revised text reads as follows:

Sec.  52.1170  Identification of plan.

* * * * *
    (c) * * *

                                                            EPA-Approved Michigan Regulations
         Michigan citation                  Title          effective date             EPA approval date                           Comments
                                                                      * * * * * * *
                                                               Part 1. General Provisions
                                                                      * * * * * * *
R 336.1116........................  Definitions; P.......      11/30/2012  4/4/14, [INSERT PAGE NUMBER WHERE THE
                                                                            DOCUMENT BEGINS].
                                                                      * * * * * * *
R 336.1122........................  Definitions; V.......      11/30/2012  4/4/14, [INSERT PAGE NUMBER WHERE THE
                                                                            DOCUMENT BEGINS].
                                                                      * * * * * * *
                                             Part 18. Prevention of Significant Deterioration of Air Quality
R 336.2801........................  Definitions..........      11/30/2012  4/4/14, [INSERT PAGE NUMBER WHERE THE
                                                                            DOCUMENT BEGINS].
                                                                      * * * * * * *
R 336.2803........................  Ambient Air                11/30/2012  4/4/14, [INSERT PAGE NUMBER WHERE THE
                                     Increments.                            DOCUMENT BEGINS].
                                                                      * * * * * * *
R 336.2809........................  Exemptions...........      11/30/2012  4/4/14, [INSERT PAGE NUMBER WHERE THE   All except for section (5)(a)(iii)
                                                                            DOCUMENT BEGINS].
                                                                      * * * * * * *
R 336.2816........................  Sources impacting          11/30/2012  4/4/14, [INSERT PAGE NUMBER WHERE THE
                                     federal class I                        DOCUMENT BEGINS].
                                     areas; additional
                                                                      * * * * * * *

[FR Doc. 2014-06825 Filed 4-3-14; 8:45 am]