Approval and Promulgation of Implementation Plans; Michigan; Recordkeeping and Reporting Requirements for Abnormal Conditions, 60783-60786 [E7-20935]
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Federal Register / Vol. 72, No. 207 / Friday, October 26, 2007 / Rules and Regulations
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 December 26,
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: October 11, 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.
Subpart X—Michigan
2. In § 52.1170, the table in paragraph
(c) entitled ‘‘EPA-Approved Michigan
Regulations’’ is amended by adding
entries in part 6 for ‘‘R 336.1660’’ and
‘‘R 336.1661’’ to read as follows:
I
§ 52.1170
*
Identification of plan.
*
*
(c) * * *
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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
*
*
*
R 336.1660 ............................. Standards for Volatile Organic
Compounds Emissions
from Consumer Products.
R 336.1661 ............................. Definitions for Consumer
Products.
*
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*
*
*
*
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2007–0631; FRL–8486–4]
Approval and Promulgation of
Implementation Plans; Michigan;
Recordkeeping and Reporting
Requirements for Abnormal
Conditions
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
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10/26/07 [Insert page number
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start-up, shutdown, and malfunction of
a source, process, or process equipment.
The revised rule contains more specific
and complete recordkeeping and
reporting requirements than are
currently approved into the Michigan
State Implementation Plan (SIP). In the
proposed rules section of this Federal
Register, EPA is proposing approval of
and soliciting public comment on this
requested SIP revision. If adverse
comments are received on this action,
EPA will withdraw this final rule and
address the comments received in
response to this action in a final rule on
the related proposed. A second public
comment period will not be held.
Parties interested in commenting on this
action should do so at this time.
This direct final rule will be
effective December 26, 2007, unless EPA
receives adverse comments by
November 26, 2007. If adverse
comments are received, EPA will
DATES:
The EPA is approving
Michigan’s June 29, 2007, request to
revise recordkeeping and reporting
requirements for abnormal conditions,
SUMMARY:
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publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2007–0631, by one of the
following methods:
1. https://www.regulations.gov: Follow
the online 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.
ADDRESSES:
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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–2007–
0631. 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 e-mail. 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 e-mail
comment directly to EPA without going
through 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 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 legal holidays. We
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recommend that you telephone
Kathleen D’Agostino, Environmental
Engineer, at (312) 886–1767 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Kathleen D’Agostino, Environmental
Engineer, Criteria Pollutant Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–1767,
dagostino.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION: In the
following, whenever ‘‘we,’’ ‘‘us,’’ or
‘‘our’’ are used, we mean the United
States Environmental Protection
Agency.
Table of Contents
I. What Has Michigan Submitted?
II. What Action is EPA Taking?
III. Statutory and Executive Order Review
I. What Has Michigan Submitted?
On June 29, 2007, the Michigan
Department of Environmental Quality
(MDEQ) submitted a revision to the
Michigan SIP. The submittal revises
recordkeeping and reporting
requirements for abnormal conditions,
start-up, shutdown, and malfunction of
a source, process, or process equipment
contained in R 336.1912 of the Michigan
Administrative Code. The revised rule
contains more specific and complete
recordkeeping and reporting
requirements than are currently
approved into the SIP.
The rule requires the owner or
operator of a source to:
1. Operate in a manner consistent
with good air pollution control practices
for minimizing emissions during
periods of abnormal conditions, startup, shutdown, and malfunctions;
2. Provide notice of an abnormal
condition, start-up, shutdown, or
malfunction that results in the emission
of a hazardous air pollutant or toxic air
contaminant in excess of an emission
standard which continues for more than
one hour;
3. Provide notice and a written report
of an abnormal condition, start-up,
shutdown, or malfunction that results in
emissions of any air contaminant
continuing for more than two hours in
excess of a standard or limitation;
4. Certify the truth, accuracy, and
completeness of written reports; and
5. Incorporate into a preventative
maintenance and malfunction
abatement plan actions taken to correct
and to prevent a reoccurrence of an
abnormal condition or malfunction.
Notices, which can be by any
reasonable means, including electronic,
telephonic, or oral communication, are
required to be submitted to the MDEQ
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no later than two business days after the
start-up or shutdown or after discovery
of the abnormal conditions or
malfunction. Written reports are
required to be submitted to the MDEQ
within ten days after the start-up or
shutdown occurred, within ten days
after the abnormal conditions or
malfunction has been corrected, or
within thirty days of discovery of the
abnormal conditions or malfunction,
whichever is first.
Written reports must include the time
and date, probable causes and duration
of the abnormal conditions, start-up,
shutdown, or malfunction;
identification of the source, process, or
process equipment involved; the type
and, where possible, quantity or
magnitude of the excess emissions; and
information describing the measures
taken and air pollution control practices
followed to minimize emissions. For
abnormal conditions and malfunctions,
the report must also include a summary
of the actions taken to correct and to
prevent a reoccurrence of the abnormal
conditions or malfunction and the time
taken to correct the malfunction.
II. What Action Is EPA Taking?
EPA is approving R 336.1912 as a
revision to the Michigan 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 December 26, 2007 without
further notice unless we receive relevant
adverse written comments by November
26, 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
December 26, 2007.
III. Statutory and Executive Order
Review
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
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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 preexisting 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 December 26,
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: October 10, 2007.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.
Parts 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart X—Michigan
2. Section 52.1170(c) is amended by
revising entry ‘‘R 336.1912’’ under part
9 to read as follows:
I
§ 52.1170
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED MICHIGAN REGULATIONS
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Michigan citation
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Title
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State effective date
EPA approval date
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Part 9. Emission Limitations and Prohibitions—Miscellaneous
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EPA-APPROVED MICHIGAN REGULATIONS—Continued
Michigan citation
Title
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R 336.1912 ........................
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Abnormal conditions, startup, shutdown, and malfunction of a source,
process, or process
equipment, operating,
notification, and reporting requirements.
*
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1989–0007; FRL–8485–3]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List
Environmental Protection
Agency (EPA).
ACTION: Notice of partial deletion of sites
from the Otis Air National Guard Base/
Camp Edwards Superfund Site from the
National Priorities List.
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AGENCY:
SUMMARY: EPA New England Region
(EPA) announces the deletion of 61
source area sites on the Otis Air
National Guard Base/Camp Edwards
Superfund Site from the National
Priorities List (NPL). All 61 source area
sites as listed in Table 1 were originally
proposed for deletion (72 FR 41976)
August 1, 2007, and encompass a total
acreage of 482.1 acres. A source area site
is defined by: soil; structures, if present;
and does not include any contaminated
groundwater plume that may be below
the site. Otis Air National Guard Base/
Camp Edwards is a Federal Facility
Superfund Site known locally as the
Massachusetts Military Reservation
(MMR), so this notice will use MMR as
the abbreviation to describe the entire
Superfund Site. The United States Air
Force is the lead agency at the MMR
Superfund Site.
This partial deletion pertains to only
the surface area of sites investigated
(and in some cases cleaned-up) for soil
contamination, and does not pertain to
any of the 12 groundwater plumes
associated with MMR Superfund Site.
All other sites (including all
contaminated groundwater plumes on
the Site) not included in this notice will
remain on the NPL. In the northern half
of the MMR, there are source area sites
17:00 Oct 25, 2007
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6/1/07.
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and groundwater plumes associated
with an investigation and cleanup
program known as the Impact Area
Groundwater Study Program which is
being conducted under the authority of
Safe Drinking Water Act Administrative
Orders. These sites and groundwater
plumes are not the subject of this partial
deletion.
DATES: This partial deletion of the 61
source area sites on MMR is effective on
October 26, 2007.
FOR FURTHER INFORMATION CONTACT: Bob
Lim, Remedial Project Manager, U.S.
Environmental Protection Agency, One
Congress Street, Suite 1100 (HBT),
Boston, Massachusetts 02114–2023,
(617) 918–1392, Fax (617) 918–1291, email: lim.robert@epa.gov.
SUPPLEMENTARY INFORMATION: Otis Air
National Guard Base/Camp Edwards is
a Federal Facility Superfund Site known
locally as the Massachusetts Military
Reservation (MMR), so this notice will
use MMR as the abbreviation to describe
the entire Superfund Site. MMR is
located in portions of the towns of
Bourne, Falmouth, Mashpee, and
Sandwich.
This partial deletion pertains to the
soil and, if present, structures at 61 sites
ranging in size from half an acre to 80.7
acres. The total proposed area is 482.1
acres. Table 1 identifies structures as
being present with an asterisk next to
the site name. There would be 19 source
area sites remaining. Even though some
of the sites appear to be above
contaminated groundwater plumes, this
partial deletion does not include any
plumes of contaminated groundwater
because data shows that the sites are not
related to the plumes. Currently eleven
groundwater pump and treat cleanup
remedies will continue operating until
cleanup goals are met. In the northern
half of MMR, there is a separate,
ongoing investigation and cleanup
program known as the Impact Area
Groundwater Study Program (IAGWSP).
These sites and groundwater plumes are
not the subject of this Notice of Intent
for Partial Deletion.
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Comments
*
*
*
On August 1, 2007, EPA published a
Notice of Intent for Partial Deletion in
the Federal Register (72 FR 41976). EPA
did not receive any comments on this
proposal; therefore a Responsiveness
Summary has not been prepared.
EPA identifies sites that appear to
present a significant risk to public
health, welfare, or the environment and
maintains the NPL as the list of those
sites. Any site deleted from the NPL
remains eligible for Fund-financed
actions in the unlikely event that
conditions at the site warrant such
action. Section 300.425(e)(3) of the NCP
states that Fund-financed actions may
be taken at sites deleted from the NPL.
Deletion of a site from the NPL does not
affect responsible party liability or
impede Agency efforts to recover costs
associated with response efforts. This
partial deletion does not alter the status
of all the remaining sites and
groundwater plumes of the MMR Site
which are not proposed for partial
deletion and remain on the NPL.
TABLE 1.—LIST OF SITES FOR PARTIAL
DELETION
CS–1 *
CS–1 (CG) *
CS–2
CS–2 (CG) *
CS–3 *
CS–3 (CG) *
CS–4 *
CS–4 (CG)/
FS–1
(CG) *
CS–5 *
CS–5 (CG) *
CS–6 */FS–22
CS–6 (CG) *
CS–7 *
CS–7 (CG) *
CS–8/FS–21 *
CS–8 (CG)
CS–9
CS–12 *
CS–14 *
CS–15
CS–16/
CS–17/
DDOU *
CS–22
CY–1 *
CY–3
FS–2
FS–17
FS–18 *
FS–19
FS–20 *
FS–2 (CG)
FS–3 *
FS–4
FS–7
FS–9 *
FS–13
FS–14
FS–15
LF–1 (CG)
LF–2 (CG)
LF–3
LF–3 (CG)
LF–4
LF–5
LF–6
SD–2/FS–6/
FS–8
SD–3/FTA–3/
CY–4
FS–16 *
CS–11 *
Key:
CS = Chemical Spill.
CY = Coal Yard.
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FS–23
FS–25 *
FS–26 (CG)
FS–27
]]>Agencies
[Federal Register Volume 72, Number 207 (Friday, October 26, 2007)]
[Rules and Regulations]
[Pages 60783-60786]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20935]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2007-0631; FRL-8486-4]
Approval and Promulgation of Implementation Plans; Michigan;
Recordkeeping and Reporting Requirements for Abnormal Conditions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is approving Michigan's June 29, 2007, request to
revise recordkeeping and reporting requirements for abnormal
conditions, start-up, shutdown, and malfunction of a source, process,
or process equipment. The revised rule contains more specific and
complete recordkeeping and reporting requirements than are currently
approved into the Michigan State Implementation Plan (SIP). In the
proposed rules section of this Federal Register, EPA is proposing
approval of and soliciting public comment on this requested SIP
revision. If adverse comments are received on this action, EPA will
withdraw this final rule and address the comments received in response
to this action in a final rule on the related proposed. A second public
comment period will not be held. Parties interested in commenting on
this action should do so at this time.
DATES: This direct final rule will be effective December 26, 2007,
unless EPA receives adverse comments by November 26, 2007. 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-2007-0631, by one of the following methods:
1. https://www.regulations.gov: Follow the online 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.
[[Page 60784]]
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-
2007-0631. 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 e-mail.
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 e-
mail comment directly to EPA without going through 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 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 legal holidays. We
recommend that you telephone Kathleen D'Agostino, Environmental
Engineer, at (312) 886-1767 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-1767,
dagostino.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION: In the following, whenever ``we,'' ``us,''
or ``our'' are used, we mean the United States Environmental Protection
Agency.
Table of Contents
I. What Has Michigan Submitted?
II. What Action is EPA Taking?
III. Statutory and Executive Order Review
I. What Has Michigan Submitted?
On June 29, 2007, the Michigan Department of Environmental Quality
(MDEQ) submitted a revision to the Michigan SIP. The submittal revises
recordkeeping and reporting requirements for abnormal conditions,
start-up, shutdown, and malfunction of a source, process, or process
equipment contained in R 336.1912 of the Michigan Administrative Code.
The revised rule contains more specific and complete recordkeeping and
reporting requirements than are currently approved into the SIP.
The rule requires the owner or operator of a source to:
1. Operate in a manner consistent with good air pollution control
practices for minimizing emissions during periods of abnormal
conditions, start-up, shutdown, and malfunctions;
2. Provide notice of an abnormal condition, start-up, shutdown, or
malfunction that results in the emission of a hazardous air pollutant
or toxic air contaminant in excess of an emission standard which
continues for more than one hour;
3. Provide notice and a written report of an abnormal condition,
start-up, shutdown, or malfunction that results in emissions of any air
contaminant continuing for more than two hours in excess of a standard
or limitation;
4. Certify the truth, accuracy, and completeness of written
reports; and
5. Incorporate into a preventative maintenance and malfunction
abatement plan actions taken to correct and to prevent a reoccurrence
of an abnormal condition or malfunction.
Notices, which can be by any reasonable means, including
electronic, telephonic, or oral communication, are required to be
submitted to the MDEQ no later than two business days after the start-
up or shutdown or after discovery of the abnormal conditions or
malfunction. Written reports are required to be submitted to the MDEQ
within ten days after the start-up or shutdown occurred, within ten
days after the abnormal conditions or malfunction has been corrected,
or within thirty days of discovery of the abnormal conditions or
malfunction, whichever is first.
Written reports must include the time and date, probable causes and
duration of the abnormal conditions, start-up, shutdown, or
malfunction; identification of the source, process, or process
equipment involved; the type and, where possible, quantity or magnitude
of the excess emissions; and information describing the measures taken
and air pollution control practices followed to minimize emissions. For
abnormal conditions and malfunctions, the report must also include a
summary of the actions taken to correct and to prevent a reoccurrence
of the abnormal conditions or malfunction and the time taken to correct
the malfunction.
II. What Action Is EPA Taking?
EPA is approving R 336.1912 as a revision to the Michigan 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 December 26, 2007
without further notice unless we receive relevant adverse written
comments by November 26, 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 December 26, 2007.
III. Statutory and Executive Order Review
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
[[Page 60785]]
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 December 26, 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: October 10, 2007.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.
0
Parts 52, chapter I, title 40 of the Code of Federal Regulations 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.
Subpart X--Michigan
0
2. Section 52.1170(c) is amended by revising entry ``R 336.1912'' under
part 9 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Part 9. Emission Limitations and Prohibitions--Miscellaneous
----------------------------------------------------------------------------------------------------------------
[[Page 60786]]
* * * * * * *
R 336.1912...................... Abnormal 7/26/95, as 10/26/07 [Insert
conditions, start- corrected 6/1/07. page number where
up, shutdown, and the document
malfunction of a begins].
source, process,
or process
equipment,
operating,
notification, and
reporting
requirements.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E7-20935 Filed 10-25-07; 8:45 am]
BILLING CODE 6560-50-P
