[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Rules and Regulations]
[Pages 63451-63454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26312]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-RO5-OAR-2014-0657; FRL-9935-63-Region 5]


Air Plan Approval; Michigan; 2006 PM[bdi2].[bdi5] and 
2008 Lead NAAQS State Board Infrastructure SIP Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of state implementation plan (SIP) submissions from Michigan 
regarding state board requirements of section 110 of the Clean Air Act 
(CAA) for the 2006 fine particulate matter (PM2.5) and 2008 
lead National Ambient Air Quality Standards (NAAQS). The infrastructure 
requirements are designed to ensure that the structural components of 
each state's air quality management program are adequate to meet the 
state's responsibilities under the CAA.

DATES: This direct final rule will be effective December 21, 2015, 
unless EPA receives adverse comments by November 19, 2015. 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-2014-0657 by one of the following methods:
    1. www.regulations.gov: Follow the online instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 408-2279.
    4. Mail: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
Such deliveries are only accepted

[[Page 63452]]

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. EPA-R05-OAR-2014-
0657. 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 Sarah Arra, Environmental Scientist, at 
(312) 886-9401 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Sarah Arra, Environmental Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), 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 of these SIP submissions?
II. What is EPA's review of these SIP submissions?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background of these SIP submissions?

    This rulemaking addresses submissions from the Michigan Department 
of Environmental Quality (MDEQ) for the 2006 PM2.5 and 2008 
lead NAAQS. MDEQ submitted its infrastructure SIPs on the following 
dates: 2006 PM2.5--August 15, 2011, supplemented on July 9, 
2012; 2008 lead--April 3, 2012, supplemented August 9, 2013. On July 
10, 2014, MDEQ requested that new rules related to state board 
requirements which it had submitted to be incorporated into the SIP 
also apply to its 2006 PM2.5 and 2008 lead NAAQS 
infrastructure SIPs.
    The requirement for states to make a SIP submission of this type 
arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), 
states must make SIP submissions ``within 3 years (or such shorter 
period as the Administrator may prescribe) after the promulgation of a 
national primary ambient air quality standard (or any revision 
thereof),'' and these SIP submissions are to provide for the 
``implementation, maintenance, and enforcement'' of such NAAQS. The 
statute directly imposes on states the duty to make these SIP 
submissions, and the requirement to make the submissions is not 
conditioned upon EPA's taking any action other than promulgating a new 
or revised NAAQS. Section 110(a)(2) includes a list of specific 
elements that ``[e]ach such plan'' submission must address.
    This specific rulemaking is taking action only on the state board 
element of the Michigan submittal. The majority of the other 
infrastructure elements for the 2006 PM2.5 NAAQS were 
addressed on October 29, 2012 (77 FR 65478). The other infrastructure 
elements for the 2008 lead NAAQS were addressed on July 16, 2014 (79 FR 
41439). The infrastructure element for state board requirements is 
found in CAA 110(a)(2)(E). For further discussion on the background of 
infrastructure submittals, see 77 FR 45992.

II. What is EPA's review of these SIP submissions?

    On September 13, 2013, EPA issued ``Guidance on Infrastructure 
State Implementation Plan (SIP) Elements under Clean Air Act Sections 
110(a)(1) and 110(a)(2)'' (2013 Memo). As noted in the 2013 Memo, 
pursuant to CAA section 110(a), states must provide reasonable notice 
and opportunity for public hearing for all infrastructure SIP 
submissions. MDEQ provided public comment opportunities on both 
submittals on which EPA is acting in this direct final rule. MDEQ 
provided a detailed synopsis of how various components of its SIP meet 
each of the applicable requirements in section 110(a)(2) for the 2006 
PM2.5 and 2008 lead NAAQS, as applicable. The following 
review only evaluates the state's submissions for CAA section 
110(a)(2)(E)(ii) requirements.
    Section 110(a)(2)(E)(ii) requires each SIP to contain provisions 
that comply with the state board requirements of section 128 of the 
CAA. That provision contains two explicit requirements: (1) 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 (2) 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. The 2013 Memo specifies that 
the provisions that implement CAA section 128 must be contained within 
the SIP. ``EPA would not approve an infrastructure SIP submission that 
only provides a narrative description of existing air agency laws, 
rules, and regulations that are not approved into the SIP to address 
CAA section 128 requirements.'' 2013 Memo at 42.
    On July 10, 2014, MDEQ submitted Civil Service Rule 2-8.3(a)(1) for 
incorporation into the SIP, pursuant to section 128 of the CAA. EPA 
approved this rule as satisfying CAA section 128 requirements on August 
31, 2015 (see 80 FR 52399). On July 10, 2014, MDEQ requested that these 
rules satisfy not only the applicable requirements of section 128 of 
the CAA, but that they satisfy any applicable requirements of section 
110(a)(2)(E) for the 2006 PM2.5 and 2008 lead NAAQS. 
Therefore, EPA finds that MDEQ has satisfied the applicable 
infrastructure SIP

[[Page 63453]]

requirements for this section of 110(a)(2)(E) for the 2006 
PM2.5 and 2008 lead NAAQS.

III. What action is EPA taking?

    EPA is approving the state board related infrastructure requirement 
for Michigan's 2006 PM2.5 and 2008 lead NAAQS submittals as 
satisfying the infrastructure SIP requirements in CAA sections 
110(a)(2)(E)(ii).
    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 December 21, 
2015 without further notice unless we receive relevant adverse written 
comments by November 19, 2015. 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. All public 
comments received will then be addressed 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. If we do not receive any comments, this action will be 
effective December 21, 2015.

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. 
804(2).
    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 December 21, 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. 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 this 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, Incorporation by 
reference, Intergovernmental relations, Lead, Particulate matter, 
Reporting and recordkeeping requirements.

    Dated: October 5, 2015.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 (e) is amended by revising 
the entries for ``Section 110(a)(2) Infrastructure Requirements for the 
2006 24-Hour PM2.5 NAAQS'' and ``Section 110(a)(2) 
Infrastructure Requirements for the 2008 lead (Pb) NAAQS'' to read as 
follows:


Sec.  52.1170  Identification of plan.

* * * * *
    (e) * * *

[[Page 63454]]



                       EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
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                                Applicable  geographic
   Name of nonregulatory SIP       or  nonattainment     State submittal     EPA approval          Comments
           provision                     area                  date              date
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                                                  * * * * * * *
Section 110(a)(2)               Statewide.............  8/15/2011, 7/9/    10/20/2015,       This action
 Infrastructure Requirements                             2012,              [Insert Federal   addresses the
 for the 2006 24-Hour PM2.5                             7/10/2014........   Register          following CAA
 NAAQS.                                                                     citation].        elements:
                                                                                              110(a)(2)(A), (B),
                                                                                              (C), (D)(i)(II),
                                                                                              (D)(ii), (E), (F),
                                                                                              (G), (H), (J),
                                                                                              (K), (L), and (M).
                                                                                              We are not taking
                                                                                              action on the
                                                                                              visibility
                                                                                              protection
                                                                                              requirements of
                                                                                              (D)(i)(II). We
                                                                                              will address this
                                                                                              requirements in a
                                                                                              separate action.
 
                                                  * * * * * * *
Section 110(a)(2)               Statewide.............  4/3/2012, 8/9/     10/20/2015,       This action
 Infrastructure Requirements                             2013,              [insert Federal   addresses the
 for the 2008 lead (Pb) NAAQS.                          7/10/2014........   Register          following CAA
                                                                            citation].        elements:
                                                                                              110(a)(2)(A), (B),
                                                                                              (C), (D), (E),
                                                                                              (F), (G), (H),
                                                                                              (J), (K), (L), and
                                                                                              (M).
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[FR Doc. 2015-26312 Filed 10-19-15; 8:45 am]
 BILLING CODE 6560-50-P