Approval and Promulgation of Air Quality Implementation Plans; Michigan, 43169-43172 [E7-15011]
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Federal Register / Vol. 72, No. 149 / Friday, August 3, 2007 / Rules and Regulations
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this final
rule will not have disproportionately
high and adverse human health or
environmental effects on minority or
low-income populations because it does
not affect the level of protection
provided to human health or the
environment. This direct final rule
merely extends the current regulatory
schedule for submitting applications
under CROMERR for authorized
programs with existing electronic
document receiving systems.
K. Congressional Review Act
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 rule 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). This rule
will become effective on October 2,
2007.
List of Subjects in 40 CFR Part 3
Environmental protection, Conflict of
interests, Electronic records, Electronic
reporting requirements, Electronic
reports, Intergovernmental relations.
Dated: July 26, 2007.
Stephen L. Johnson,
Administrator.
Therefore, title 40 chapter I of the
Code of Federal Regulations is amended
as follows:
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I
PART 3—CROSS-MEDIA ELECTRONIC
REPORTING
1. The authority citation for part 3
continues to read as follows:
I
Authority: 7 U.S.C. 136 to 136y; 15 U.S.C.
2601 to 2692; 33 U.S.C. 1251 to 1387; 33
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U.S.C. 1401 to 1445; 33 U.S.C. 2701 to 2761;
42 U.S.C. 300f to 300j–26; 42 U.S.C. 4852d;
42 U.S.C. 6901–6992k; 42 U.S.C. 7401 to
7671q; 42 U.S.C. 9601 to 9675; 42 U.S.C.
11001 to 11050; 15 U.S.C. 7001; 44 U.S.C.
3504 to 3506.
Subpart D—Electronic Reporting
Under EPA-Authorized State, Tribe,
and Local Programs
2. Section 3.1000 is amended by
revising paragraph (a)(3) to read as
follows:
I
§ 3.1000 How does a state, tribe, or local
government revise or modify its authorized
program to allow electronic reporting?
(a) * * *
(3) Programs already receiving
electronic documents under an
authorized program: A state, tribe, or
local government with an existing
electronic document receiving system
for an authorized program must submit
an application to revise or modify such
authorized program in compliance with
paragraph (a)(1) of this section no later
than October 13, 2008. On a case-bycase basis, this deadline may be
extended by the Administrator, upon
request of the state, tribe, or local
government, where the Administrator
determines that the state, tribe, or local
government needs additional time to
make legislative or regulatory changes
in order to meet the requirements of this
part.
*
*
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[FR Doc. E7–15013 Filed 8–2–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2006–0541; FRL–8449–6]
Approval and Promulgation of Air
Quality Implementation Plans;
Michigan
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is approving a request
submitted by the Michigan Department
of Environmental Management (MDEQ)
on March 31, 2006, to revise the
Michigan State Implementation Plan
(SIP) to amend R336.1627 and
R336.2005, and adopt R336.2004. These
changes take place within Part 6,
Emission Limitations and
Prohibitions—Existing Sources of
Volatile Organic Compound Emissions;
Delivery Vessels; Vapor Collection
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43169
Systems; and Part 10, Intermittent
Testing and Sampling, respectively.
DATES: This rule is effective on October
2, 2007, unless EPA receives adverse
written comments by September 4,
2007. If EPA receives adverse
comments, EPA will publish a timely
withdrawal of the rule in the Federal
Register and inform the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2006–0541 by one of the following
methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: mooney.john@epa.gov.
3. Fax: (312) 886–5824.
4. Mail: John M. Mooney, Chief,
Criteria Pollutant Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney,
Chief, Criteria Pollutant 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–2006–
0541. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://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 e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
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
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Federal Register / Vol. 72, No. 149 / Friday, August 3, 2007 / Rules and Regulations
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 https://
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 https://
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 legal
holidays. We recommend that you
telephone Jonathan Nichols, Life
Scientist, at (312) 353–7942 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Jonathan Nichols, Life Scientist, Criteria
Pollutant Section, Air Programs Branch
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 353–7942,
nichols.jonathan@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
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I. Background
A. When did the State submit the
requested rule revisions to EPA?
B. Did Michigan hold public hearings for
each of these rule revisions?
II. What are the revisions that the State
requests be incorporated into the SIP?
A. Part 6—Emission Limitations for
Existing Sources
B. Part 10—Changes to Intermittent Testing
and Sampling
III. What is EPA’s evaluation of the rule?
IV. Statutory and Executive Order Reviews
I. Background
A. When did the State submit the
requested rule revisions to EPA?
MDEQ submitted the requested rule
revisions on March 31, 2006.
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B. Did Michigan hold public hearings
for each of these rule revisions?
VTT method, is incorporated in
R336.2004.
MDEQ held a public hearing for the
rule revisions on October 31, 2005, and
did not receive any adverse comments.
III. What is EPA’s evaluation of the
rule?
II. What are the revisions that the State
requests be incorporated into the SIP?
The State has requested the following
revisions: Changes to Part 6, Emission
Limitations and Prohibitions—Existing
Sources of Volatile Organic Compound
Emissions; and changes to Part 10,
Intermittent Testing and Sampling. The
revisions are described in more detail
below.
A. Part 6—Emission Limitations for
Existing Sources
MDEQ is requesting the amendment
of Part 6, R336.1627, in order to replace
the MDEQ Vapor Tightness Test (VTT)
method with EPA Method 27. The
MDEQ VTT method is not an acceptable
substitution for the leak test required by
the U.S. Department of Transportation
(U.S. DOT). Therefore, tank trucks must
undergo VTT using both state and
federal test methods. As written, EPA
Method 27 is more stringent than the
leak test required by MDEQ, satisfying
both U.S. DOT and MDEQ standards.
In addition, MDEQ is requesting an
amendment to test submittal
requirements in order to provide
consistency between U.S DOT and
MDEQ requirements with regard to the
time period within which tank trucks
must be tested. The amendment would
require delivery vessels to perform the
VTT within one year of the date of the
previous test, rather than the existing,
narrow time period of April 1 to June
30. Under the amendment, the results of
the test would be submitted to MDEQ
within 30 days of test completion. Upon
successful completion of the required
testing, the vessel would be deemed
provisionally certified providing the
department does not invalidate the
certification by issuing disapproval
within 45 days of receipt of the results.
B. Part 10—Changes to Intermittent
Testing and Sampling
MDEQ is requesting the amendment
of Part 10, Intermittent Testing and
Sampling, to incorporate Method 27 by
reference at R336.2004, and to amend
R336.2005, the reference test method
used to detect gasoline vapor leaks by a
combustible gas detector. The
amendment to R336.2005 removes the
VTT component, but leaves the
reference test method to detect gasoline
vapor leaks by a combustible gas
detector intact. Method 27, which is
more stringent than the existing state
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We are approving revisions to the
Michigan SIP in two areas: (1) To amend
R336.1627 of Part 6, Emission
Limitations and Prohibitions—Existing
Sources of Volatile Organic Compound
Emissions; Delivery Vessels; Vapor
Collection Systems, by replacing the
MDEQ VTT method with EPA Method
27, and to adopt the U.S. DOT annual
VTT requirement and test submittal
requirements; and, (2) to amend Part 10,
Intermittent Testing and Sampling,
through incorporating Method 27 by
reference at R336.2004, and to amend
R336.2005, the reference test method
used to detect gasoline vapor leaks by a
combustible gas detector.
The main revisions to R336.1627 are
the replacement of its VTT test with
Method 27 and the requirement to test
the delivery vessel within one year of
the previous test. Both of these revisions
are consistent with EPA guidance. In
addition, the following factors add to
the effectiveness of this rule: (1) the
testing stations are certified by the
Michigan Department of Transportation
and the tests that are performed at these
stations are spot checked by the MDEQ;
(2) the MDEQ has a history of reviewing
all test results, and rejects those that are
inadequate, within 30 days; and, (3) the
Michigan gasoline terminals do not
accept any tank trucks that are not
certified to be in compliance with
R336.1627, and are prohibited from
accepting uncertified trucks due to the
emission limitations found in 40 CFR
part 60, subpart XX, which cover the
same sources through limits on loading
racks at bulk liquid gasoline terminals
constructed or modified after December
17, 1980, that deliver liquid product
into gasoline tank trucks. These
regulations require that a gasoline
terminal owner or operator not reload
gasoline delivery vessels without
documentation indicating that a VTT
has been performed.
Michigan rule R336.1627 provides
that the vessel is deemed to have passed
the gasoline vapor leak detection test if
Michigan does not notify the owner or
operator of the vessel of the vessel’s
failure to pass the test within 45 days.
EPA strongly discourages the use of
default approvals. However, we find
this rule to be approvable due to the
special circumstances described above
and also because recertification is
required within a year. Nevertheless,
should Michigan revise its rules to
remove the safeguards described above,
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EPA will require the State to revise this
section of the SIP.
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 October 2, 2007 without
further notice unless we receive relevant
adverse written comments by September
4, 2007. 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. The 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
October 2, 2007.
IV. Statutory and Executive Order
Reviews
Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’
and, therefore, is not subject to review
by the Office of Management and
Budget.
rmajette on PROD1PC64 with RULES
Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ‘‘significant
regulatory action’’ under Executive
Order 12866 or a ‘‘significant energy
action,’’ this action is also not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001).
Regulatory Flexibility Act
This action merely approves state law
as meeting Federal requirements and
imposes no additional requirements
beyond those imposed by state law.
Accordingly, the Administrator certifies
that this rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.).
Unfunded Mandates Reform Act
Because this rule approves preexisting requirements under state law
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and does not impose any additional
enforceable duty beyond that required
by state law, it 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).
Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(59 FR 22951, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have
Federalism implications because it does
not have substantial direct effects on the
states, on the relationship between the
national government and the states, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act.
Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This rule also is not subject to
Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it approves a
state rule implementing a Federal
Standard.
National Technology Transfer
Advancement Act
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the state to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
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43171
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
Congressional Review Act
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 rule 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 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 October 2, 2007.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule 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: July 24, 2007.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
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Federal Register / Vol. 72, No. 149 / Friday, August 3, 2007 / Rules and Regulations
§ 52.1170
a. Under Part 6 by revising entry
‘‘R336.1627’’.
I b. Under Part 10 by revising entries
‘‘R336.2004’’ and ‘‘R336.2005’’.
I
Subpart X—Michigan
2. In § 52.1170(c) the table is amended
as follows:
I
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED MICHIGAN REGULATIONS
Michigan citation
State
effective
date
Title
*
*
*
*
EPA approval date
*
Comments
*
*
Part 6. Emission Limitations and Prohibitions—Existing Sources of Volatile Organic Compound Emissions
*
R336.1627 .................
*
*
*
Delivery Vessels; Vapor Collection Systems ...................
*
*
*
*
*
2/22/06
*
8/3/07, [Insert page
number where the
document begins].
*
*
*
*
Part 10. Intermittent Testing and Sampling
*
R336.2004 .................
*
*
*
Appendix A; reference test methods; adoption of federal
reference test methods.
*
2/22/06
R336.2005 .................
Reference test methods for state-requested tests of delivery vessels.
2/22/06
*
*
*
*
*
*
*
*
[FR Doc. E7–15011 Filed 8–2–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2006–0362–200702; FRL–
8449–5]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Kentucky: Redesignation of
Boyd County, Kentucky Portion of the
Huntington-Ashland 8-Hour Ozone
Nonattainment Area to Attainment for
Ozone
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
SUMMARY: EPA is taking final action to
approve a request, submitted on
September 29, 2006, from the
Commonwealth of Kentucky
(Kentucky), through the Kentucky
Division for Air Quality (KDAQ), to
redesignate the Kentucky portion of the
bi-state Huntington-Ashland 8-hour
ozone nonattainment area to attainment
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*
*
for the 8-hour ozone National Ambient
Air Quality Standard (NAAQS). The
Kentucky portion of the bi-state
Huntington-Ashland 8-hour ozone
nonattainment area (hereafter referred to
as ‘‘Boyd County’’) is comprised of one
county in Kentucky (Boyd County) and
two counties in West Virginia (Cabell
and Wayne Counties). EPA’s approval of
Kentucky’s redesignation request is
based upon the determination that
Kentucky has demonstrated that Boyd
County has met the criteria for
redesignation to attainment specified in
the Clean Air Act (CAA), including the
determination that the entire (including
both the Kentucky and West Virginia
counties) bi-state Huntington-Ashland
8-hour ozone nonattainment area has
attained the 8-hour ozone standard.
Additionally, EPA is approving a
revision to the Kentucky State
Implementation Plan (SIP) including the
8-hour ozone maintenance plan for
Boyd County that contains the new 2018
motor vehicle emission budgets
(MVEBs) for nitrogen oxides (NOX) and
volatile organic compounds (VOCs).
Through this action, EPA is also finding
the 2018 MVEBs adequate for the
purposes of transportation conformity.
On May 17, 2006, the State of West
Virginia submitted a redesignation
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*
8/3/07, [Insert page
number where the
document begins].
8/3/07, [Insert page
number where the
document begins].
Sfmt 4700
*
*
*
request and maintenance plan through a
separate action. The final rulemaking
approving the West Virginia submittal
was published in the Federal Register
on September 15, 2006. MVEBs for
Cabell and Wayne Counties in West
Virginia were approved through EPA’s
September 15, 2006, action.
DATES: Effective Date: This rule will be
effective September 4, 2007.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2006–0362. 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 Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
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Agencies
[Federal Register Volume 72, Number 149 (Friday, August 3, 2007)]
[Rules and Regulations]
[Pages 43169-43172]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15011]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2006-0541; FRL-8449-6]
Approval and Promulgation of Air Quality Implementation Plans;
Michigan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a request submitted by the Michigan
Department of Environmental Management (MDEQ) on March 31, 2006, to
revise the Michigan State Implementation Plan (SIP) to amend R336.1627
and R336.2005, and adopt R336.2004. These changes take place within
Part 6, Emission Limitations and Prohibitions--Existing Sources of
Volatile Organic Compound Emissions; Delivery Vessels; Vapor Collection
Systems; and Part 10, Intermittent Testing and Sampling, respectively.
DATES: This rule is effective on October 2, 2007, unless EPA receives
adverse written comments by September 4, 2007. If EPA receives adverse
comments, EPA will publish a timely withdrawal of the rule in the
Federal Register and inform the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0541 by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: mooney.john@epa.gov.
3. Fax: (312) 886-5824.
4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
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-
2006-0541. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://
www.regulations.gov or e-mail. The https://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 e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail 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
[[Page 43170]]
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 https://
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 https://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 legal
holidays. We recommend that you telephone Jonathan Nichols, Life
Scientist, at (312) 353-7942 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Jonathan Nichols, Life Scientist,
Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 353-7942, nichols.jonathan@epa.gov.
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
A. When did the State submit the requested rule revisions to
EPA?
B. Did Michigan hold public hearings for each of these rule
revisions?
II. What are the revisions that the State requests be incorporated
into the SIP?
A. Part 6--Emission Limitations for Existing Sources
B. Part 10--Changes to Intermittent Testing and Sampling
III. What is EPA's evaluation of the rule?
IV. Statutory and Executive Order Reviews
I. Background
A. When did the State submit the requested rule revisions to EPA?
MDEQ submitted the requested rule revisions on March 31, 2006.
B. Did Michigan hold public hearings for each of these rule revisions?
MDEQ held a public hearing for the rule revisions on October 31,
2005, and did not receive any adverse comments.
II. What are the revisions that the State requests be incorporated into
the SIP?
The State has requested the following revisions: Changes to Part 6,
Emission Limitations and Prohibitions--Existing Sources of Volatile
Organic Compound Emissions; and changes to Part 10, Intermittent
Testing and Sampling. The revisions are described in more detail below.
A. Part 6--Emission Limitations for Existing Sources
MDEQ is requesting the amendment of Part 6, R336.1627, in order to
replace the MDEQ Vapor Tightness Test (VTT) method with EPA Method 27.
The MDEQ VTT method is not an acceptable substitution for the leak test
required by the U.S. Department of Transportation (U.S. DOT).
Therefore, tank trucks must undergo VTT using both state and federal
test methods. As written, EPA Method 27 is more stringent than the leak
test required by MDEQ, satisfying both U.S. DOT and MDEQ standards.
In addition, MDEQ is requesting an amendment to test submittal
requirements in order to provide consistency between U.S DOT and MDEQ
requirements with regard to the time period within which tank trucks
must be tested. The amendment would require delivery vessels to perform
the VTT within one year of the date of the previous test, rather than
the existing, narrow time period of April 1 to June 30. Under the
amendment, the results of the test would be submitted to MDEQ within 30
days of test completion. Upon successful completion of the required
testing, the vessel would be deemed provisionally certified providing
the department does not invalidate the certification by issuing
disapproval within 45 days of receipt of the results.
B. Part 10--Changes to Intermittent Testing and Sampling
MDEQ is requesting the amendment of Part 10, Intermittent Testing
and Sampling, to incorporate Method 27 by reference at R336.2004, and
to amend R336.2005, the reference test method used to detect gasoline
vapor leaks by a combustible gas detector. The amendment to R336.2005
removes the VTT component, but leaves the reference test method to
detect gasoline vapor leaks by a combustible gas detector intact.
Method 27, which is more stringent than the existing state VTT method,
is incorporated in R336.2004.
III. What is EPA's evaluation of the rule?
We are approving revisions to the Michigan SIP in two areas: (1) To
amend R336.1627 of Part 6, Emission Limitations and Prohibitions--
Existing Sources of Volatile Organic Compound Emissions; Delivery
Vessels; Vapor Collection Systems, by replacing the MDEQ VTT method
with EPA Method 27, and to adopt the U.S. DOT annual VTT requirement
and test submittal requirements; and, (2) to amend Part 10,
Intermittent Testing and Sampling, through incorporating Method 27 by
reference at R336.2004, and to amend R336.2005, the reference test
method used to detect gasoline vapor leaks by a combustible gas
detector.
The main revisions to R336.1627 are the replacement of its VTT test
with Method 27 and the requirement to test the delivery vessel within
one year of the previous test. Both of these revisions are consistent
with EPA guidance. In addition, the following factors add to the
effectiveness of this rule: (1) the testing stations are certified by
the Michigan Department of Transportation and the tests that are
performed at these stations are spot checked by the MDEQ; (2) the MDEQ
has a history of reviewing all test results, and rejects those that are
inadequate, within 30 days; and, (3) the Michigan gasoline terminals do
not accept any tank trucks that are not certified to be in compliance
with R336.1627, and are prohibited from accepting uncertified trucks
due to the emission limitations found in 40 CFR part 60, subpart XX,
which cover the same sources through limits on loading racks at bulk
liquid gasoline terminals constructed or modified after December 17,
1980, that deliver liquid product into gasoline tank trucks. These
regulations require that a gasoline terminal owner or operator not
reload gasoline delivery vessels without documentation indicating that
a VTT has been performed.
Michigan rule R336.1627 provides that the vessel is deemed to have
passed the gasoline vapor leak detection test if Michigan does not
notify the owner or operator of the vessel of the vessel's failure to
pass the test within 45 days. EPA strongly discourages the use of
default approvals. However, we find this rule to be approvable due to
the special circumstances described above and also because
recertification is required within a year. Nevertheless, should
Michigan revise its rules to remove the safeguards described above,
[[Page 43171]]
EPA will require the State to revise this section of the SIP.
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 October 2, 2007
without further notice unless we receive relevant adverse written
comments by September 4, 2007. 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. The 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 October 2, 2007.
IV. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and, therefore, is
not subject to review by the Office of Management and Budget.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it 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).
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (59
FR 22951, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act.
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it approves a state rule implementing a
Federal Standard.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review Act
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 rule 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 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 October 2, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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: July 24, 2007.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.
0
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.
[[Page 43172]]
Subpart X--Michigan
0
2. In Sec. 52.1170(c) the table is amended as follows:
0
a. Under Part 6 by revising entry ``R336.1627''.
0
b. Under Part 10 by revising entries ``R336.2004'' and ``R336.2005''.
Sec. 52.1170 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Michigan Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
Michigan citation Title effective EPA approval date Comments
date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part 6. Emission Limitations and Prohibitions--Existing Sources of Volatile Organic Compound Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
R336.1627.......................... Delivery Vessels; Vapor 2/22/06 8/3/07, [Insert page number where
Collection Systems. the document begins].
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part 10. Intermittent Testing and Sampling
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
R336.2004.......................... Appendix A; reference test 2/22/06 8/3/07, [Insert page number where
methods; adoption of federal the document begins].
reference test methods.
R336.2005.......................... Reference test methods for 2/22/06 8/3/07, [Insert page number where
state-requested tests of the document begins].
delivery vessels.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E7-15011 Filed 8-2-07; 8:45 am]
BILLING CODE 6560-50-P