Approval and Promulgation of Air Quality Implementation Plans; Michigan; PSD Regulations, 59081-59084 [2010-23987]
Download as PDF
<![CDATA[
Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction as this rule
involves establishing a safety zone.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR Part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for Part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T01–0806 to read as
follows:
■
mstockstill on DSKH9S0YB1PROD with RULES
§ 165.T01–0806 Safety zone; Ledge
Removal Project, Bass Harbor, Maine.
(a) Location. The following area is a
designated safety zone:
All navigable waters from surface to
bottom extending 300 feet around the
following coordinates: 44°14′27.9″ N,
068°21′01.8″ W to the northwest;
44°14′28.5″ N, 068°20′59.9″ W to the
northeast; 44°14′25.6″ N, 068°20′59″ W
to the southeast; and 44°14′25.3″ N,
068°21′00.1″ W to the southwest. The
zone will be marked with four, red,
inflatable markers indicating the edges
of the zone.
(b) Notification. Coast Guard Sector
Northern New England will cause notice
of the enforcement of this temporary
safety zone to be made by all
appropriate means to affect the widest
publicity among the effected segments
of the public, including publication in
the Local Notice to Mariners and Safety
Marine Information Broadcast.
(c) Effective Period. This rule is
effective from 6 a.m. on October 1, 2010
through 11:59 p.m. on November 15,
2010.
(d) Regulations. (1) The general
regulations contained in 33 CFR 165.23
apply. During the enforcement period,
entering, transiting, anchoring or
mooring within the safety zone is
VerDate Mar<15>2010
16:28 Sep 24, 2010
Jkt 220001
prohibited unless authorized by the
COTP or his designated representatives.
(2) This temporary safety zone is
closed to all vessel traffic, except as may
be permitted by the COTP or his
designated representatives. Vessel
operators given permission to enter or
operate in the safety zone must comply
with all directions given to them by the
COTP or his designated representative.
Vessels that are granted permission to
enter or remain within the safety zone
may be required to be at anchor or
moored to a waterfront facility such that
the vessel’s location will not interfere
with dredging operations.
(3) The ‘‘designated representative’’ is
any Coast Guard commissioned, warrant
or petty officer who has been designated
by the COTP to act on his behalf. The
on-scene representative may be on a
Coast Guard vessel, a State or local law
enforcement vessel, or other designated
craft, or may be on shore and will
communicate with vessels via VHF–FM
radio or loudhailer. On-scene patrol
personnel may also assist with the
enforcement of this regulation. Patrol
personnel may be comprised of local,
State, or Federal officials authorized to
act in support of the Coast Guard. In
addition, members of the Coast Guard
Auxiliary or Prock Marine Company
may be present to inform waterway
users of this regulation.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
request permission to do so by
contacting the COTP Sector Northern
New England by telephone at 207–767–
0303 or on VHF radio channel 16.
Dated: September 2, 2010.
J.B. McPherson,
Captain, U.S. Coast Guard, Captain of the
Port Sector Northern New England.
[FR Doc. 2010–24157 Filed 9–24–10; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2010–0657; FRL–9205–6]
Approval and Promulgation of Air
Quality Implementation Plans;
Michigan; PSD Regulations
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the
Michigan State Implementation Plan
(SIP). The revisions serve to meet
specific requirements of the prevention
SUMMARY:
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
59081
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. On July
16, 2010, Michigan submitted revisions
pertaining to the ‘‘net emission increase’’
definition and the ‘‘reasonable
possibility’’ recordkeeping and reporting
requirements, and EPA has found the
revisions acceptable.
DATES: This direct final rule will be
effective November 26, 2010, unless
EPA receives adverse comments by
October 27, 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–2010–0657, 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’s 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–2010–
0657. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at 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 through https://
www.regulations.gov or email
information that you consider to be CBI
or otherwise protected. 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.
E:\FR\FM\27SER1.SGM
27SER1
59082
Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations
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 U.S. Environmental Protection
Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding
Federal holidays. We recommend that
you telephone Pamela Blakley, Chief,
Air Permits Section, at (312) 886–4447
before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Pamela Blakley, Chief, Air Permits
Section, Air Programs Branch (AR–18J),
U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–4447,
blakley.pamela@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:
mstockstill on DSKH9S0YB1PROD with RULES
I. Background
II. What Proposed Revisions Are Included in
This Approval?
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On December 21, 2006, Michigan
submitted to EPA the Michigan Air
Pollution Control Rules, part 18, rules R
336.2801 [(a) through (tt) except (j) and
(ff)] to R 336.2819 and R 336.2823(1) to
(14) (‘‘part 18’’) for approval into the
VerDate Mar<15>2010
16:28 Sep 24, 2010
Jkt 220001
Michigan SIP. Part 18 relates to the State
of Michigan’s PSD permit program.
Revisions to part 18 were adopted by
Michigan Department of Natural
Resources and Environment (MDNRE)
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. On September 16, 2008, after
considering the comments, EPA
finalized its conditional approval of the
submittal, except for Michigan rule R
336.2816, ‘‘Sources Impacting Federal
Class I Areas—Additional
Requirements’’ (73 FR 53366). In a
separate action on September 16, 2008,
EPA addressed that excepted section by
proposing 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, MDNRE
submitted additional revisions to the
SIP which incorporated 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’’). EPA
concluded that the submitted revisions
to the SIP satisfied the conditions listed
in EPA’s conditional approval, and
converted its prior conditional approval
to full approval on March 25, 2010 (75
FR 14401).
II. What proposed revisions are
included in this approval?
On July 16, 2010, Michigan submitted
two SIP revisions pertaining to the ‘‘net
emission increase’’ definition and the
‘‘reasonable possibility’’ recordkeeping
and reporting requirements. As part of
its December 21, 2006 submittal,
Michigan had established and EPA had
approved the definition of ‘‘net
emissions increase’’ in R 336.2801(ee).
As allowed by 40 CFR 51.166(b), this
definition was more stringent than the
corresponding Federal definition at 40
CFR 51.166(b). However, in a letter
dated May 17, 2007, Michigan indicated
that it was revising the definition of ‘‘net
emissions increase’’ so that it would
follow the same requirements as the
Federal rule. The revision was approved
by the State on September 11, 2008, and
Michigan submitted it to EPA on July
16, 2010, for approval into the Michigan
SIP. The definition in the July 16, 2010,
submittal is consistent with the
definition in 40 CFR 51.166(b)(3).
Michigan also established the
‘‘reasonable possibility’’ recordkeeping
and reporting requirements in R
336.2818(3) and submitted the rule for
approval into the Michigan SIP as part
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
of the December 21, 2006, submittal.
Michigan rule R 336.2818 places
specific requirements on the PSD
permit, including recordkeeping
requirements for applicants using
certain methods for determining if a
project results in a significant emissions
increase. However, the MDNRE’s minor
source permitting program—Michigan
rule R 336.201—requires this
information to be submitted for all
sources as part of a complete Permit To
Install application before beginning
actual construction on the proposed
project (rather than where there is a
‘‘reasonable possibility’’ that the source
may exceed the projected actual
emissions, as required by the Federal
regulations). Therefore, on September
11, 2008, Michigan adopted a revised
rule R 336.2818(3) and, on July 16,
2010, submitted it to EPA for approval
into the Michigan SIP. The revision is
consistent with the requirements of 40
CFR 51.166(r)(6).
III. Final Action
As explained above, MDNRE
submitted revisions to R 336.2801(ee)
and R 336.2818(3). The revisions are
consistent with the requirements of 40
CFR 51.166. Therefore, EPA is taking
direct final action to approve Michigan’s
SIP revisions.
We are publishing this action without
prior proposal because we view this as
a noncontroversial revision 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 November 26, 2010 without
further notice unless we receive relevant
adverse written comments by October
27, 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 November 26,
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).
E:\FR\FM\27SER1.SGM
27SER1
59083
Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations
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 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 of 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 November 26, 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: September 11, 2010.
Susan Hedman,
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 new
entries in numerical order for part 18 to
read as follows:
■
§ 52.1170
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED MICHIGAN REGULATIONS
Michigan citation
*
Title
*
State effective date
EPA approval date
*
*
*
Part 18. Prevention of Significant Deterioration of Air Quality
Comments
*
*
*
*
Definitions .............................
*
September 11, 2008 ............
*
*
September 27, 2010, [Insert
page number where the
document begins].
Section (ee).
*
R 336.2818 ...................
mstockstill on DSKH9S0YB1PROD with RULES
*
R 336.2801 ...................
*
*
Source Obligation .................
*
September 11, 2008 ............
*
*
September 27, 2010, [Insert
page number where the
document begins].
Section (3).
*
VerDate Mar<15>2010
*
16:28 Sep 24, 2010
*
Jkt 220001
PO 00000
*
Frm 00027
Fmt 4700
*
Sfmt 4700
E:\FR\FM\27SER1.SGM
*
27SER1
*
*
*
59084
*
*
Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations
*
*
*
[FR Doc. 2010–23987 Filed 9–24–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–0525; FRL–9206–4]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Control Technique
Guidelines for Paper, Film, and Foil
Coatings
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve a State
Implementation Plan (SIP) revision
submitted by the State of Maryland.
This SIP revision pertains to the control
of volatile organic compound (VOC)
emissions from paper, film, and foil
coatings. Specifically, Maryland is
amending its regulations by adopting
the requirements of EPA’s Control
Technique Guidelines (CTG) for Paper,
Film, and Foil Coatings. These
amendments will reduce VOC emissions
from this source category. This action is
being taken in accordance with the
requirements of the Clean Air Act
(CAA).
SUMMARY:
This rule is effective on
November 26, 2010 without further
notice, unless EPA receives adverse
written comment by October 27, 2010.
If EPA receives such comments, it will
publish a timely withdrawal of the
direct final rule in the Federal Register
and inform the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2010–0525 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail: pino.maria@epa.gov.
C. Mail: EPA–R03–OAR–2010–0525,
Maria A. Pino, Acting Associate
Director, Office of Air Program
Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
mstockstill on DSKH9S0YB1PROD with RULES
DATES:
VerDate Mar<15>2010
16:28 Sep 24, 2010
Jkt 220001
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2010–
0525. 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
electronic docket are listed in the
https://www.regulations.gov, index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov, or in hard copy
during normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Maryland Department of
the Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230.
FOR FURTHER INFORMATION CONTACT:
Ellen Wentworth, (215) 814–2034, or by
e-mail at wentworth.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
I. Background
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
On April 23, 2010, the Maryland
Department of the Environment (MDE)
submitted a formal revision to its SIP.
This SIP revision (#10–02) consists of
amendments to Regulation .07, Paper,
Fabric, Vinyl and Other Plastic Parts
Coating, under the Code of Maryland
Regulations (COMAR) 26.11.19, Control
of VOC from Specific Processes. These
amendments are necessary since
Maryland has adopted the
recommendations contained in EPA’s
CTG (EPA 453/R–07–003, September
2007), for Paper, Film, and Foil Coatings
for the control of VOC emissions from
this source category.
Section 172(c)(1) of the CAA provides
that SIPs for nonattainment areas must
include reasonably available control
measures (RACM), including reasonably
available control technology (RACT) for
sources of emissions. Section 182(b)(2)
provides that States must revise their
ozone SIP to include RACT for VOC
sources covered by any CTG document
issued after November 15, 1990, and
prior to the date of attainment. EPA
defines RACT as ‘‘the lowest emission
limitation that a particular source is
capable of meeting by the application of
control technology that is reasonably
available considering technological and
economic feasibility’’ (44 FR 53761,
September 17, 1979). In subsequent
Federal Register notices, EPA has
addressed how States can meet the
RACT requirements of the CAA. EPA
provides States with guidance
concerning what types of controls could
constitute RACT for a given source
category through issuance of a CTG. The
recommendations in the CTG are based
on available data and information and
may not apply to a particular situation
based upon the circumstances. The
State of Maryland has adopted the
recommendations contained in the
September 2007 (EPA 453/R–07–003)
CTG for Paper, Film, and Foil Coatings
as RACT for this source category. The
paper, film, and foil coatings product
category includes coatings that are
applied to paper, film, or foil surfaces in
the manufacturing of several major
product types for the following industry
sectors: pressure sensitive tape and
labels (including fabric coated for use in
pressure sensitive tapes and labels),
photographic film, industrial and
decorative laminates, abrasive products
(including fabric coated for use in
abrasive products), and flexible
packaging (including coating of nonwoven polymer substrates for use in
E:\FR\FM\27SER1.SGM
27SER1
]]>Agencies
[Federal Register Volume 75, Number 186 (Monday, September 27, 2010)]
[Rules and Regulations]
[Pages 59081-59084]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23987]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2010-0657; FRL-9205-6]
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 approve revisions to the
Michigan State Implementation Plan (SIP). The revisions serve to meet
specific 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. On July 16, 2010, Michigan submitted revisions pertaining to
the ``net emission increase'' definition and the ``reasonable
possibility'' recordkeeping and reporting requirements, and EPA has
found the revisions acceptable.
DATES: This direct final rule will be effective November 26, 2010,
unless EPA receives adverse comments by October 27, 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-2010-0657, 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's 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-
2010-0657. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 through https://www.regulations.gov or email information that you consider to be CBI or
otherwise protected. 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.
[[Page 59082]]
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 U.S. Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. We recommend that you telephone Pamela Blakley, Chief, Air
Permits Section, at (312) 886-4447 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Pamela Blakley, Chief, Air Permits
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604,
(312) 886-4447, blakley.pamela@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. What Proposed Revisions Are Included in This Approval?
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On December 21, 2006, Michigan submitted to EPA the Michigan Air
Pollution Control Rules, part 18, rules R 336.2801 [(a) through (tt)
except (j) and (ff)] to R 336.2819 and R 336.2823(1) to (14) (``part
18'') for approval into the Michigan SIP. Part 18 relates to the State
of Michigan's PSD permit program. Revisions to part 18 were adopted by
Michigan Department of Natural Resources and Environment (MDNRE) 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. On September 16, 2008, after
considering the comments, EPA finalized its conditional approval of the
submittal, except for Michigan rule R 336.2816, ``Sources Impacting
Federal Class I Areas--Additional Requirements'' (73 FR 53366). In a
separate action on September 16, 2008, EPA addressed that excepted
section by proposing 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, MDNRE submitted additional revisions to the
SIP which incorporated 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''). EPA concluded that the submitted
revisions to the SIP satisfied the conditions listed in EPA's
conditional approval, and converted its prior conditional approval to
full approval on March 25, 2010 (75 FR 14401).
II. What proposed revisions are included in this approval?
On July 16, 2010, Michigan submitted two SIP revisions pertaining
to the ``net emission increase'' definition and the ``reasonable
possibility'' recordkeeping and reporting requirements. As part of its
December 21, 2006 submittal, Michigan had established and EPA had
approved the definition of ``net emissions increase'' in R
336.2801(ee). As allowed by 40 CFR 51.166(b), this definition was more
stringent than the corresponding Federal definition at 40 CFR
51.166(b). However, in a letter dated May 17, 2007, Michigan indicated
that it was revising the definition of ``net emissions increase'' so
that it would follow the same requirements as the Federal rule. The
revision was approved by the State on September 11, 2008, and Michigan
submitted it to EPA on July 16, 2010, for approval into the Michigan
SIP. The definition in the July 16, 2010, submittal is consistent with
the definition in 40 CFR 51.166(b)(3).
Michigan also established the ``reasonable possibility''
recordkeeping and reporting requirements in R 336.2818(3) and submitted
the rule for approval into the Michigan SIP as part of the December 21,
2006, submittal. Michigan rule R 336.2818 places specific requirements
on the PSD permit, including recordkeeping requirements for applicants
using certain methods for determining if a project results in a
significant emissions increase. However, the MDNRE's minor source
permitting program--Michigan rule R 336.201--requires this information
to be submitted for all sources as part of a complete Permit To Install
application before beginning actual construction on the proposed
project (rather than where there is a ``reasonable possibility'' that
the source may exceed the projected actual emissions, as required by
the Federal regulations). Therefore, on September 11, 2008, Michigan
adopted a revised rule R 336.2818(3) and, on July 16, 2010, submitted
it to EPA for approval into the Michigan SIP. The revision is
consistent with the requirements of 40 CFR 51.166(r)(6).
III. Final Action
As explained above, MDNRE submitted revisions to R 336.2801(ee) and
R 336.2818(3). The revisions are consistent with the requirements of 40
CFR 51.166. Therefore, EPA is taking direct final action to approve
Michigan's SIP revisions.
We are publishing this action without prior proposal because we
view this as a noncontroversial revision 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 November 26,
2010 without further notice unless we receive relevant adverse written
comments by October 27, 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 November 26, 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).
[[Page 59083]]
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 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 of 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 November 26, 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: September 11, 2010.
Susan Hedman,
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 new entries in numerical
order for part 18 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 18. Prevention of Significant Deterioration of Air Quality
* * * * * * *
R 336.2801...................... Definitions....... September 11, 2008 September 27, Section (ee).
2010, [Insert
page number where
the document
begins].
* * * * * * *
R 336.2818...................... Source Obligation. September 11, 2008 September 27, Section (3).
2010, [Insert
page number where
the document
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 59084]]
* * * * *
[FR Doc. 2010-23987 Filed 9-24-10; 8:45 am]
BILLING CODE 6560-50-P
