Approval and Promulgation of Air Quality Implementation Plans; Michigan; PSD Regulations, 14352-14356 [2010-6486]

Download as PDF mstockstill on DSKH9S0YB1PROD with RULES 14352 Federal Register / Vol. 75, No. 57 / Thursday, March 25, 2010 / Rules and Regulations controls generation facilities or inputs to electric power production, affiliation with any entity not disclosed in the application for market-based rate authority that owns, operates or controls transmission facilities, or affiliation with any entity that has a franchised service area. (b) Any change in status subject to paragraph (a) of this section, other than a change in status submitted to report the acquisition of control of a site or sites for new generation capacity development, must be filed no later than 30 days after the change in status occurs. Power sales contracts with future delivery are reportable 30 days after the physical delivery has begun. Failure to timely file a change in status report constitutes a tariff violation. (c) When submitting a change in status notification regarding a change that impacts the pertinent assets held by a Seller or its affiliates with marketbased rate authorization, a Seller must include an appendix of assets in the form provided in Appendix B of this subpart. (d) A Seller must report on a quarterly basis the acquisition of control of a site or sites for new generation capacity development for which site control has been demonstrated in the interconnection process and for which the potential number of megawatts that are reasonably commercially feasible on the site or sites for new generation capacity development is equal to 100 megawatts or more. If a Seller elects to make a monetary deposit so that it may demonstrate site control at a later time in the interconnection process, the monetary deposit will trigger the quarterly reporting requirement instead of the demonstration of site control. A notification of change in status that is submitted to report the acquisition of control of a site or sites for new generation capacity development must include: (1) The number of sites acquired; (2) The relevant geographic market in which the sites are located; and (3) The maximum potential number of megawatts (MW) that are reasonably commercially feasible on the sites reported. (e) For the purposes of paragraph (d) of this section, ‘‘control’’ shall mean ‘‘site control’’ as it is defined in the Standard Large Generator Interconnection Procedures (LGIP). [FR Doc. 2010–6480 Filed 3–24–10; 8:45 am] BILLING CODE 6717–01–P VerDate Nov<24>2008 16:29 Mar 24, 2010 Jkt 220001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2007–1043; FRL–9129–5] Approval and Promulgation of Air Quality Implementation Plans; Michigan; PSD Regulations AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is taking direct final action to convert a conditional approval of specified provisions of the Michigan State Implementation plan (SIP) to a full approval. The revisions consist of requirements of the prevention of significant deterioration (PSD) construction permit program under the Federal Clean Air Act (CAA). This program affects major stationary sources in Michigan that are subject to or potentially subject to the PSD construction permit program. EPA is converting its prior conditional approval to full approval because the Michigan Department of Environmental Quality (MDEQ) submitted corrections to the rules that satisfy the conditions listed in EPA’s conditional approval. As part of this direct final rule, EPA is rescinding Michigan’s delegation of authority for implementing the Federal PSD regulations. This action is being taken under section 110 of the CAA. DATES: This direct final rule will be effective May 24, 2010, unless EPA receives adverse comments by April 26, 2010. 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–2007–1043, by one of the following methods: • https://www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: blakley.pamela@epa.gov. • Fax: (312) 692–2450 • Mail: Pamela Blakley, Chief, Air Permits Section, (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. • Hand Delivery: Pamela Blakley, Chief, Air Permits Section, (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Deliveries are only accepted during the regional office normal hours of operation, and special arrangements should be made for PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 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– 1043. 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 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 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 Federal holidays. We recommend that you telephone Laura Cossa, Environmental Engineer, at (312) 886–0661 before visiting the Region 5 office. E:\FR\FM\25MRR1.SGM 25MRR1 Federal Register / Vol. 75, No. 57 / Thursday, March 25, 2010 / Rules and Regulations FOR FURTHER INFORMATION CONTACT: Laura Cossa, Environmental Engineer, Air Permits Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–0661, cossa.laura@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 II. How Michigan’s Revisions Satisfy the Terms of the Conditional Approval III. Final Action IV. Statutory and Executive Order Reviews mstockstill on DSKH9S0YB1PROD with RULES I. Background Michigan Air Pollution Control Rules, Part 18, Rules R 336.2801 [(a) through (tt)] except for (j) and (ff) to R 336.2819 and R 336.2823(1) to (14) (‘‘Part 18’’) were submitted to EPA for inclusion in the SIP by MDEQ on December 21, 2006. Part 18 relates to the State of Michigan’s PSD permit program. Revisions to Part 18 were adopted by MDEQ on December 4, 2006. EPA proposed to conditionally approve the PSD SIP rules under section 110 of the CAA on January 9, 2008 (73 FR 1570). EPA received several comments on its proposal. After considering the comments, EPA finalized its conditional approval of rules R 336.2801 to R 336.2819 (except R 336.2816, ‘‘Sources Impacting Federal Class I Areas— Additional Requirements’’) and R 336.2823(1) to (14) on September 16, 2008 (73 FR 53366). In addition, in a separate action on September 16, 2008, EPA proposed to partially disapprove the portion of Michigan’s SIP revision submission consisting of Michigan Rule R 336.2816 (73 FR 53401). On September 30, 2008, MDEQ submitted the revisions to the SIP, incorporating the corrections required by EPA in the conditional approval. Specifically, the rules revised are R 336.2801(r)(ii) (definition of ‘‘emission unit’’) and R 336.2801(hh) (definition of ‘‘potential to emit’’). After consideration, EPA concludes that the submitted revisions to the SIP satisfy the conditions listed in EPA’s conditional approval, and today is converting its prior conditional approval to full approval. Additionally, EPA is rescinding its delegation of the PSD regulations to Michigan. The September 30, 2008 letter from Michigan to EPA also mentions revisions to rules R 336.1816(2) through (4), R 336.1801(ee), and R 336.1818(3) and (3)(f). EPA will take separate action VerDate Nov<24>2008 16:29 Mar 24, 2010 Jkt 220001 on rules R 336.1816(2) through (4) (requirements relating to Class I areas). Michigan is not authorized to carry out its SIP approved PSD program in ‘‘Indian Country’’, as defined in 18 U.S.C. 1151. Indian Country includes: 1. All lands within the exterior boundaries of Indian reservations within the State of Michigan; 2. Any land held in trust by the U.S. for an Indian Tribe; and 3. Any other land, whether on or off an Indian reservation that qualifies as Indian Country. Therefore, EPA retains the authority to implement and administer the PSD program in Indian Country. Because modifications of Rule R 336.1801(ee) (‘‘net emissions increase’’) and R 336.1818(3) and (3)(f) (the ‘‘reasonable possibility’’ recordkeeping and reporting requirements) are not part of the requirements of the conditional approval, and MDEQ has not previously requested EPA’s action on them, EPA is not acting on these modifications at this time. Unless and until these modifications are submitted and approved, they are not part of the SIP. II. How Michigan’s Revisions Satisfy the Terms of the Conditional Approval Michigan has established the definition of ‘‘emissions unit’’ in R 336.2801(r)(ii). This is consistent with the definition in 40 CFR 51.166(b)(7). Included in both the Federal and State definitions is the statement that a replacement unit is considered an existing unit under this definition. However, Michigan’s rules did not define ‘‘replacement unit,’’ which is included in the Federal rule at 40 CFR 51.166(b)(32). In a letter sent to EPA on May 17, 2007, Michigan agreed to follow the Federal definition of ‘‘replacement unit’’ in its implementation of these rules, and committed to add the definition in a future rulemaking. In a subsequent letter to EPA, dated November 30, 2007, MDEQ committed to add this definition in the rules not later than one year after EPA’s conditional approval of this plan. Therefore EPA conditionally approved this rule on September 16, 2008 (73 FR 53366). On September 11, 2008, MDEQ adopted the revised rule, at the State level, to include the definition of ‘‘replacement unit.’’ The definition is consistent with the definition in 40 CFR 51.166(b)(32). On September 30, 2008, MDEQ submitted the revision of the rule to EPA. EPA finds that this correction satisfies the condition listed in EPA’s conditional approval. Michigan has established the definition of ‘‘potential to emit’’ in rule PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 14353 R 336.2801(hh). This definition is consistent with the definition in 40 CFR 51.166(b)(4), except instead of ‘‘federally enforceable,’’ vacated in Chemical Manufacturers Assn v. EPA, No. 89– 1514 (DC Cir. Sept. 15, 1995), the Michigan rules use the more general term ‘‘legally enforceable.’’ See EPA Interim Policy on Federally Enforceable Requirement for Limitations on Potential to Emit, dated January 22, 1996 (‘‘Interim Policy’’). EPA concluded that the use of the term ‘‘legally enforceable’’ was approvable as part of the definition of ‘‘potential to emit’’ because Michigan agreed to apply the term ‘‘legally enforceable’’ in accordance with the Interim Policy to mean ‘‘legally and practically enforceable by a State or local air pollution control agency, as well as by the EPA.’’ In general, practicable enforceability for a sourcespecific permit means that the permit’s provisions must specify: (1) A technically-accurate limitation and the portions of the source subject to the limitation; (2) the time period for the limitation (hourly, daily, monthly, and annual limits such as rolling annual limits); and (3) the method to determine compliance including appropriate monitoring, recordkeeping, and reporting. For rules and general permits that apply to categories of sources, practicable enforceability additionally requires that the provisions: (1) Identify the types or categories of sources that are covered by the rule; (2) where coverage is optional, provide for notice to the permitting authority of the source’s election to be covered by the rule; and (3) specify the enforcement consequences relevant to the rule. Michigan committed in a letter dated September 11, 2007, to apply the term ‘‘legally enforceable’’ in a manner consistent with the above, and to revise the rule to make it consistent with this understanding. In a subsequent letter to EPA, dated November 30, 2007, MDEQ committed to add this definition in the rules not later than one year after EPA’s conditional approval of this plan. Therefore EPA conditionally approved this rule on September 16, 2008 (73 FR 53366). On September 11, 2008, MDEQ adopted the revised rule, at the State level, to include in the definition of ‘‘potential to emit’’ the condition that a limitation must be ‘‘enforceable as a practical matter by the State, local air pollution control agency, or United States environmental protection agency.’’ The revised definition is consistent with the definition in 40 CFR 51.166(b)(4) and with the Interim Policy dated January 22, 1996. On September 30, 2008, MDEQ submitted to EPA the E:\FR\FM\25MRR1.SGM 25MRR1 14354 Federal Register / Vol. 75, No. 57 / Thursday, March 25, 2010 / Rules and Regulations revision to the rule. EPA finds that this correction satisfies the condition listed in EPA’s conditional approval. mstockstill on DSKH9S0YB1PROD with RULES III. Final Action As explained above, MDEQ submitted revisions to the rules at R 336.2801(r)(ii) (definition of ‘‘emission unit’’) and R 336.2801(hh) (definition of ‘‘potential to emit’’), and has satisfied the conditions listed in EPA’s conditional approval. Therefore, EPA is taking direct final action to convert its conditional approval of Michigan’s SIP revisions to a full approval of Michigan’s PSD program, with the exception of Rule R 336.2816. EPA is taking separate action on Michigan Rule R 336.2816, which was also included in the State’s December 21, 2006, PSD program submission. Because modifications of Rule R 336.1801(ee) (‘‘net emissions increase’’) and R 336.1818(3) and (3)(f) (the ‘‘reasonable possibility’’ recordkeeping and reporting requirements) were not previously submitted to EPA for approval, EPA is not taking action on these modifications at this time. 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 May 24, 2010 without further notice unless we receive relevant adverse written comments by April 26, 2010. 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 May 24, 2010. 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, VerDate Nov<24>2008 16:29 Mar 24, 2010 Jkt 220001 EPA’s role is to approve State regulations, 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 Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (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 CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have Tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and, additionally, EPA notes that it will not impose substantial direct costs on Tribal governments or preempt Tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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 May 24, 2010. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: March 11, 2010. Walter W. Kovalick Jr., Acting Regional Administrator, Region 5. ■ 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: ■ 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 a new entry for Part 18 to read as follows: ■ § 52.1170 * Identification of plan. * * (c) * * * E:\FR\FM\25MRR1.SGM 25MRR1 * * 14355 Federal Register / Vol. 75, No. 57 / Thursday, March 25, 2010 / Rules and Regulations EPA-APPROVED MICHIGAN REGULATIONS Michigan citation * Title * State effective date * * * Part 18. Prevention of Significant Deterioration of Air Quality Definitions ............................. December 4, 2006 ................ R 336.2801 ........ Definitions ............................. September 11, 2008 ............. R 336.2802 ........ Applicability ........................... December 4, 2006 ................ R 336.2803 ........ Ambient Air Increments ........ December 4, 2006 ................ R 336.2804 ........ Ambient Air Ceilings ............. December 4, 2006 ................ R 336.2805 ........ Restrictions on Area Classifications. December 4, 2006 ................ R 336.2806 ........ Exclusions from Increment Consumption. December 4, 2006 ................ R 336.2807 ........ Redesignation ....................... December 4, 2006 ................ R 336.2808 ........ Stack Heights ........................ December 4, 2006 ................ R 336.2809 ........ Exemptions ........................... December 4, 2006 ................ R 336.2810 ........ Control Technology Review .. December 4, 2006 ................ R 336.2811 ........ Source Impact Analysis ........ December 4, 2006 ................ R 336.2812 ........ Air Quality Models ................ December 4, 2006 ................ R 336.2813 ........ Air Quality Analysis ............... December 4, 2006 ................ R 336.2814 ........ Source Information ............... December 4, 2006 ................ R 336.2815 ........ Additional Impact Analyses .. December 4, 2006 ................ R 336.2817 ........ Public Participation ............... December 4, 2006 ................ R 336.2818 ........ Source Obligation ................. December 4, 2006 ................ R 336.2819 ........ mstockstill on DSKH9S0YB1PROD with RULES R 336.2801 ........ Innovative Control Technology. December 4, 2006 ................ R 336.2823 ........ Actuals Plantwide Applicability Limits (PALs). December 4, 2006 ................ * VerDate Nov<24>2008 * 16:29 Mar 24, 2010 EPA approval date * Jkt 220001 PO 00000 * Frm 00033 Fmt 4700 * March 25, 2010, [Insert page number where the document begins]. March 25, 2010, [Insert page number where the document begins]. March 25, 2010, [Insert page number where the document begins]. March 25, 2010, [Insert page number where the document begins]. March 25, 2010, [Insert page number where the document begins]. March 25, 2010, [Insert page number where the document begins]. March 25, 2010, [Insert page number where the document begins]. March 25, 2010, [Insert page number where the document begins]. March 25, 2010, [Insert page number where the document begins]. March 25, 2010, [Insert page number where the document begins]. March 25, 2010, [Insert page number where the document begins]. March 25, 2010, [Insert page number where the document begins]. March 25, 2010, [Insert page number where the document begins]. March 25, 2010, [Insert page number where the document begins]. March 25, 2010, [Insert page number where the document begins]. March 25, 2010, [Insert page number where the document begins]. March 25, 2010, [Insert page number where the document begins]. March 25, 2010, [Insert page number where the document begins]. March 25, 2010, [Insert page number where the document begins]. March 25, 2010, [Insert page number where the document begins]. * Sfmt 4700 Comments E:\FR\FM\25MRR1.SGM All sections except for (j) and (ff), [reserved in original rule]. Sections (hh) and (r)(ii). Only sections (1) through (14). * 25MRR1 * * 14356 * * § 52.1188 ■ Federal Register / Vol. 75, No. 57 / Thursday, March 25, 2010 / Rules and Regulations * * * [Removed and Reserved] 3. Remove and reserve § 52.1188. [FR Doc. 2010–6486 Filed 3–24–10; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA–2010–000; Internal Agency Docket No. FEMA–8123] Suspension of Community Eligibility mstockstill on DSKH9S0YB1PROD with RULES AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. DATES: Effective Dates: The effective date of each community’s scheduled suspension is the third date (‘‘Susp.’’) listed in the third column of the following tables. FOR FURTHER INFORMATION CONTACT: If you want to determine whether a particular community was suspended on the suspension date or for further information, contact David Stearrett, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–2953. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase flood insurance which is generally not otherwise available. In return, communities agree to adopt and administer local floodplain management aimed at protecting lives and new VerDate Nov<24>2008 16:29 Mar 24, 2010 Jkt 220001 construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage as authorized under the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. However, some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue their eligibility for the sale of insurance. A notice withdrawing the suspension of the communities will be published in the Federal Register. In addition, FEMA has identified the Special Flood Hazard Areas (SFHAs) in these communities by publishing a Flood Insurance Rate Map (FIRM). The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may legally be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year, on FEMA’s initial flood insurance map of the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment under 5 U.S.C. 553(b) are impracticable and unnecessary because communities listed in this final rule have been adequately notified. Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days. National Environmental Policy Act. This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Considerations. No environmental impact assessment has been prepared. Regulatory Flexibility Act. The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place. Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 13132, Federalism. This rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This rule meets the applicable standards of Executive Order 12988. Paperwork Reduction Act. This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. List of Subjects in 44 CFR Part 64 Flood insurance, Floodplains. ■ Accordingly, 44 CFR part 64 is amended as follows: PART 64—[AMENDED] 1. The authority citation for part 64 continues to read as follows: ■ Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp.; p. 376. § 64.6 [Amended] 2. The tables published under the authority of § 64.6 are amended as follows: ■ E:\FR\FM\25MRR1.SGM 25MRR1

Agencies

[Federal Register Volume 75, Number 57 (Thursday, March 25, 2010)]
[Rules and Regulations]
[Pages 14352-14356]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6486]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2007-1043; FRL-9129-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Michigan; PSD Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to convert a conditional 
approval of specified provisions of the Michigan State Implementation 
plan (SIP) to a full approval. The revisions consist of requirements of 
the prevention of significant deterioration (PSD) construction permit 
program under the Federal Clean Air Act (CAA). This program affects 
major stationary sources in Michigan that are subject to or potentially 
subject to the PSD construction permit program. EPA is converting its 
prior conditional approval to full approval because the Michigan 
Department of Environmental Quality (MDEQ) submitted corrections to the 
rules that satisfy the conditions listed in EPA's conditional approval. 
As part of this direct final rule, EPA is rescinding Michigan's 
delegation of authority for implementing the Federal PSD regulations. 
This action is being taken under section 110 of the CAA.

DATES: This direct final rule will be effective May 24, 2010, unless 
EPA receives adverse comments by April 26, 2010. 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-2007-1043, by one of the following methods:
     https://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: blakley.pamela@epa.gov.
     Fax: (312) 692-2450
     Mail: Pamela Blakley, Chief, Air Permits Section, (AR-
18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.
     Hand Delivery: Pamela Blakley, Chief, Air Permits Section, 
(AR-18J), U.S. Environmental Protection Agency, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. 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-
2007-1043. 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 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 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 Federal 
holidays. We recommend that you telephone Laura Cossa, Environmental 
Engineer, at (312) 886-0661 before visiting the Region 5 office.

[[Page 14353]]


FOR FURTHER INFORMATION CONTACT: Laura Cossa, Environmental Engineer, 
Air Permits Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-0661, cossa.laura@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
II. How Michigan's Revisions Satisfy the Terms of the Conditional 
Approval
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Michigan Air Pollution Control Rules, Part 18, Rules R 336.2801 
[(a) through (tt)] except for (j) and (ff) to R 336.2819 and R 
336.2823(1) to (14) (``Part 18'') were submitted to EPA for inclusion 
in the SIP by MDEQ on December 21, 2006. Part 18 relates to the State 
of Michigan's PSD permit program. Revisions to Part 18 were adopted by 
MDEQ on December 4, 2006. EPA proposed to conditionally approve the PSD 
SIP rules under section 110 of the CAA on January 9, 2008 (73 FR 1570). 
EPA received several comments on its proposal. After considering the 
comments, EPA finalized its conditional approval of rules R 336.2801 to 
R 336.2819 (except R 336.2816, ``Sources Impacting Federal Class I 
Areas--Additional Requirements'') and R 336.2823(1) to (14) on 
September 16, 2008 (73 FR 53366). In addition, in a separate action on 
September 16, 2008, EPA proposed to partially disapprove the portion of 
Michigan's SIP revision submission consisting of Michigan Rule R 
336.2816 (73 FR 53401).
    On September 30, 2008, MDEQ submitted the revisions to the SIP, 
incorporating the corrections required by EPA in the conditional 
approval. Specifically, the rules revised are R 336.2801(r)(ii) 
(definition of ``emission unit'') and R 336.2801(hh) (definition of 
``potential to emit''). After consideration, EPA concludes that the 
submitted revisions to the SIP satisfy the conditions listed in EPA's 
conditional approval, and today is converting its prior conditional 
approval to full approval. Additionally, EPA is rescinding its 
delegation of the PSD regulations to Michigan.
    The September 30, 2008 letter from Michigan to EPA also mentions 
revisions to rules R 336.1816(2) through (4), R 336.1801(ee), and R 
336.1818(3) and (3)(f). EPA will take separate action on rules R 
336.1816(2) through (4) (requirements relating to Class I areas).
    Michigan is not authorized to carry out its SIP approved PSD 
program in ``Indian Country'', as defined in 18 U.S.C. 1151. Indian 
Country includes:
    1. All lands within the exterior boundaries of Indian reservations 
within the State of Michigan;
    2. Any land held in trust by the U.S. for an Indian Tribe; and
    3. Any other land, whether on or off an Indian reservation that 
qualifies as Indian Country.

Therefore, EPA retains the authority to implement and administer the 
PSD program in Indian Country.
    Because modifications of Rule R 336.1801(ee) (``net emissions 
increase'') and R 336.1818(3) and (3)(f) (the ``reasonable 
possibility'' recordkeeping and reporting requirements) are not part of 
the requirements of the conditional approval, and MDEQ has not 
previously requested EPA's action on them, EPA is not acting on these 
modifications at this time. Unless and until these modifications are 
submitted and approved, they are not part of the SIP.

II. How Michigan's Revisions Satisfy the Terms of the Conditional 
Approval

    Michigan has established the definition of ``emissions unit'' in R 
336.2801(r)(ii). This is consistent with the definition in 40 CFR 
51.166(b)(7). Included in both the Federal and State definitions is the 
statement that a replacement unit is considered an existing unit under 
this definition. However, Michigan's rules did not define ``replacement 
unit,'' which is included in the Federal rule at 40 CFR 51.166(b)(32). 
In a letter sent to EPA on May 17, 2007, Michigan agreed to follow the 
Federal definition of ``replacement unit'' in its implementation of 
these rules, and committed to add the definition in a future 
rulemaking. In a subsequent letter to EPA, dated November 30, 2007, 
MDEQ committed to add this definition in the rules not later than one 
year after EPA's conditional approval of this plan. Therefore EPA 
conditionally approved this rule on September 16, 2008 (73 FR 53366).
    On September 11, 2008, MDEQ adopted the revised rule, at the State 
level, to include the definition of ``replacement unit.'' The 
definition is consistent with the definition in 40 CFR 51.166(b)(32). 
On September 30, 2008, MDEQ submitted the revision of the rule to EPA. 
EPA finds that this correction satisfies the condition listed in EPA's 
conditional approval.
    Michigan has established the definition of ``potential to emit'' in 
rule R 336.2801(hh). This definition is consistent with the definition 
in 40 CFR 51.166(b)(4), except instead of ``federally enforceable,'' 
vacated in Chemical Manufacturers Assn v. EPA, No. 89-1514 (DC Cir. 
Sept. 15, 1995), the Michigan rules use the more general term ``legally 
enforceable.'' See EPA Interim Policy on Federally Enforceable 
Requirement for Limitations on Potential to Emit, dated January 22, 
1996 (``Interim Policy''). EPA concluded that the use of the term 
``legally enforceable'' was approvable as part of the definition of 
``potential to emit'' because Michigan agreed to apply the term 
``legally enforceable'' in accordance with the Interim Policy to mean 
``legally and practically enforceable by a State or local air pollution 
control agency, as well as by the EPA.'' In general, practicable 
enforceability for a source-specific permit means that the permit's 
provisions must specify: (1) A technically-accurate limitation and the 
portions of the source subject to the limitation; (2) the time period 
for the limitation (hourly, daily, monthly, and annual limits such as 
rolling annual limits); and (3) the method to determine compliance 
including appropriate monitoring, recordkeeping, and reporting. For 
rules and general permits that apply to categories of sources, 
practicable enforceability additionally requires that the provisions: 
(1) Identify the types or categories of sources that are covered by the 
rule; (2) where coverage is optional, provide for notice to the 
permitting authority of the source's election to be covered by the 
rule; and (3) specify the enforcement consequences relevant to the 
rule.
    Michigan committed in a letter dated September 11, 2007, to apply 
the term ``legally enforceable'' in a manner consistent with the above, 
and to revise the rule to make it consistent with this understanding. 
In a subsequent letter to EPA, dated November 30, 2007, MDEQ committed 
to add this definition in the rules not later than one year after EPA's 
conditional approval of this plan. Therefore EPA conditionally approved 
this rule on September 16, 2008 (73 FR 53366).
    On September 11, 2008, MDEQ adopted the revised rule, at the State 
level, to include in the definition of ``potential to emit'' the 
condition that a limitation must be ``enforceable as a practical matter 
by the State, local air pollution control agency, or United States 
environmental protection agency.'' The revised definition is consistent 
with the definition in 40 CFR 51.166(b)(4) and with the Interim Policy 
dated January 22, 1996. On September 30, 2008, MDEQ submitted to EPA 
the

[[Page 14354]]

revision to the rule. EPA finds that this correction satisfies the 
condition listed in EPA's conditional approval.

III. Final Action

    As explained above, MDEQ submitted revisions to the rules at R 
336.2801(r)(ii) (definition of ``emission unit'') and R 336.2801(hh) 
(definition of ``potential to emit''), and has satisfied the conditions 
listed in EPA's conditional approval. Therefore, EPA is taking direct 
final action to convert its conditional approval of Michigan's SIP 
revisions to a full approval of Michigan's PSD program, with the 
exception of Rule R 336.2816. EPA is taking separate action on Michigan 
Rule R 336.2816, which was also included in the State's December 21, 
2006, PSD program submission. Because modifications of Rule R 
336.1801(ee) (``net emissions increase'') and R 336.1818(3) and (3)(f) 
(the ``reasonable possibility'' recordkeeping and reporting 
requirements) were not previously submitted to EPA for approval, EPA is 
not taking action on these modifications at this time.
    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 May 24, 2010 
without further notice unless we receive relevant adverse written 
comments by April 26, 2010. 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 May 24, 2010.

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 regulations, 
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 Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (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 CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and, additionally, EPA notes that it will not impose 
substantial direct costs on Tribal governments or preempt Tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
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 May 24, 2010. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 11, 2010.
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.

Subpart X--Michigan

0
2. In Sec.  52.1170, the table in paragraph (c) entitled ``EPA-Approved 
Michigan Regulations'' is amended by adding a new entry for Part 18 to 
read as follows:


Sec.  52.1170  Identification of plan.

* * * * *
    (c) * * *

[[Page 14355]]



                                        EPA-Approved Michigan Regulations
----------------------------------------------------------------------------------------------------------------
    Michigan citation              Title         State effective date    EPA approval date         Comments
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
                         Part 18. Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------
R 336.2801...............  Definitions.........  December 4, 2006....  March 25, 2010,       All sections except
                                                                        [Insert page number   for (j) and (ff),
                                                                        where the document    [reserved in
                                                                        begins].              original rule].
R 336.2801...............  Definitions.........  September 11, 2008..  March 25, 2010,       Sections (hh) and
                                                                        [Insert page number   (r)(ii).
                                                                        where the document
                                                                        begins].
R 336.2802...............  Applicability.......  December 4, 2006....  March 25, 2010,
                                                                        [Insert page number
                                                                        where the document
                                                                        begins].
R 336.2803...............  Ambient Air           December 4, 2006....  March 25, 2010,
                            Increments.                                 [Insert page number
                                                                        where the document
                                                                        begins].
R 336.2804...............  Ambient Air Ceilings  December 4, 2006....  March 25, 2010,
                                                                        [Insert page number
                                                                        where the document
                                                                        begins].
R 336.2805...............  Restrictions on Area  December 4, 2006....  March 25, 2010,
                            Classifications.                            [Insert page number
                                                                        where the document
                                                                        begins].
R 336.2806...............  Exclusions from       December 4, 2006....  March 25, 2010,
                            Increment                                   [Insert page number
                            Consumption.                                where the document
                                                                        begins].
R 336.2807...............  Redesignation.......  December 4, 2006....  March 25, 2010,
                                                                        [Insert page number
                                                                        where the document
                                                                        begins].
R 336.2808...............  Stack Heights.......  December 4, 2006....  March 25, 2010,
                                                                        [Insert page number
                                                                        where the document
                                                                        begins].
R 336.2809...............  Exemptions..........  December 4, 2006....  March 25, 2010,
                                                                        [Insert page number
                                                                        where the document
                                                                        begins].
R 336.2810...............  Control Technology    December 4, 2006....  March 25, 2010,
                            Review.                                     [Insert page number
                                                                        where the document
                                                                        begins].
R 336.2811...............  Source Impact         December 4, 2006....  March 25, 2010,
                            Analysis.                                   [Insert page number
                                                                        where the document
                                                                        begins].
R 336.2812...............  Air Quality Models..  December 4, 2006....  March 25, 2010,
                                                                        [Insert page number
                                                                        where the document
                                                                        begins].
R 336.2813...............  Air Quality Analysis  December 4, 2006....  March 25, 2010,
                                                                        [Insert page number
                                                                        where the document
                                                                        begins].
R 336.2814...............  Source Information..  December 4, 2006....  March 25, 2010,
                                                                        [Insert page number
                                                                        where the document
                                                                        begins].
R 336.2815...............  Additional Impact     December 4, 2006....  March 25, 2010,
                            Analyses.                                   [Insert page number
                                                                        where the document
                                                                        begins].
R 336.2817...............  Public Participation  December 4, 2006....  March 25, 2010,
                                                                        [Insert page number
                                                                        where the document
                                                                        begins].
R 336.2818...............  Source Obligation...  December 4, 2006....  March 25, 2010,
                                                                        [Insert page number
                                                                        where the document
                                                                        begins].
R 336.2819...............  Innovative Control    December 4, 2006....  March 25, 2010,
                            Technology.                                 [Insert page number
                                                                        where the document
                                                                        begins].
R 336.2823...............  Actuals Plantwide     December 4, 2006....  March 25, 2010,       Only sections (1)
                            Applicability                               [Insert page number   through (14).
                            Limits (PALs).                              where the document
                                                                        begins].
 
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 14356]]

* * * * *


Sec.  52.1188  [Removed and Reserved]

0
3. Remove and reserve Sec.  52.1188.

[FR Doc. 2010-6486 Filed 3-24-10; 8:45 am]
BILLING CODE 6560-50-P
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