[Federal Register Volume 80, Number 168 (Monday, August 31, 2015)]
[Rules and Regulations]
[Pages 52399-52401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21426]



40 CFR Part 52

[EPA-R05-OAR-2014-0657; FRL-9933-11--Region 5]

Air Plan Approval; Michigan; Michigan State Board Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: Pursuant to its authority under the Clean Air Act (CAA), EPA 
is taking final action to approve a state implementation plan (SIP) 
submission made by the Michigan Department of Environmental Quality 
(MDEQ) intended to meet the state board requirements under section 128 
of the CAA. The proposed rule associated with this final action was 
published on June 24, 2015.

DATES: This final rule is effective on September 30, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2014-0657. 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., Confidential Business 
Information 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 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 Sarah Arra at (312) 886-9401 before visiting the Region 5 

FOR FURTHER INFORMATION CONTACT: Sarah Arra, Environmental Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-9401, [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 is the background for this action?
II. What action is EPA taking?
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    Under section 128 of the CAA, each SIP must contain provisions that 
address two requirements: (i) That any board or body which approves 
permits or enforcement orders under this chapter shall have at least a 
majority of members who represent the public interest and do not derive 
any significant portion of their income from persons subject to permits 
and enforcement orders under this chapter, and (ii) that any potential 
conflicts of interest by members of such board or body or the head of 
an executive agency with similar powers be adequately disclosed. To 
comply with this statutory provision, MDEQ submitted rules from the 
Civil Service Rule at 2-8.3(a)(1) for incorporation into the SIP, 
pursuant to section 128 of the CAA. EPA's June 24, 2015, proposed 
rulemaking (see 80 FR 36306 at 36312) details how these rules satisfy 
the applicable requirements of section 128. EPA did not receive any 
comments regarding its proposal to approve Michigan's state board 

II. What action is EPA taking?

    For the reasons discussed in our June 24, 2015, proposed 
rulemaking, EPA is taking final action to approve MDEQ's submissions 
addressing the state board requirements under section 128 of the CAA. 
The specific rule that we are approving as satisfying these 
requirements is Civil Service Rule at 2-8.3(a)(1). It should be noted 
that our June 24, 2015, rulemaking contained proposed actions for 
various additional MDEQ submissions. This final rulemaking, however, is 
limited only to the state board requirements under section 128 of the 

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In

[[Page 52400]]

accordance with requirements of 1 CFR 51.5, EPA is finalizing the 
incorporation by reference of the Michigan Regulations described in the 
amendments to 40 CFR part 52 set forth below. EPA has made, and will 
continue to make, these documents generally available electronically 
through www.regulations.gov and/or in hard copy at the appropriate EPA 
office (see the ADDRESSES section of this preamble for more 

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. 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
    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 October 30, 2015. 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, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 

    Dated: August 19, 2015.
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 adding a 
new entry at the end of the section entitled ``State Statutes'' to read 
as follows:

Sec.  52.1170  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Michigan Regulations
                                                         State effective
        Michigan citation                  Title               date         EPA approval date       Comments
                                                  * * * * * * *
                                                 State Statutes
                                                  * * * * * * *
Michigan Civil Service Commission  Disclosures.........       10/1/2013   8/31/2015 [insert     ................
 Rule 2-8.3(a)(1).                                                         Federal Register
                                                  * * * * * * *

[[Page 52401]]

* * * * *
[FR Doc. 2015-21426 Filed 8-28-15; 8:45 am]