Approval and Promulgation of Air Quality Implementation Plans; Michigan; PSD and NSR Regulations, 56124-56125 [2012-22328]
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56124
Federal Register / Vol. 77, No. 177 / Wednesday, September 12, 2012 / Rules and Regulations
(i) Connector Trail from the Big
Hollow Trailhead to the Maple Springs
Trailhead;
(ii) Big Hollow Trail;
(iii) Mammoth Cave Railroad Bike &
Hike Trail; and
(iv) White Oak Trail.
(2) The following are prohibited:
(i) Possessing a bicycle on routes or
trails not designated as open to bicycle
use;
(ii) Unless posted otherwise,
operating a bicycle in excess of 15 miles
per hour on designated routes; and
(iii) Failing to yield the right of way
to horses or hikers.
(3) The Superintendent may open or
close designated bicycle routes, or
portions thereof, or impose conditions
or restrictions for bicycle use after
taking into consideration public health
and safety, natural and cultural resource
protection, and other management
activities and objectives.
(i) The Superintendent will provide
public notice of all such actions through
one or more of the methods listed in
§ 1.7 of this chapter.
(ii) Violating a closure, condition, or
restriction is prohibited.
Dated: August 30, 2012.
Rachael Jacobson,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2012–22438 Filed 9–11–12; 8:45 am]
BILLING CODE 4310–T3–P
I. What action is EPA taking?
II. Statutory and Executive Order Reviews
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2011–0826; FRL–9725–6]
Approval and Promulgation of Air
Quality Implementation Plans;
Michigan; PSD and NSR Regulations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving specified
revisions to Michigan’s State
Implementation Plan (SIP) that EPA has
determined are consistent with the
Federal requirements of the prevention
of significant deterioration (PSD)
construction permit program for the
purpose of meeting the requirements of
the Clean Air Act (CAA) with regard to
new source review (NSR) in Class I
areas attaining the National Ambient Air
Quality Standards.
DATES: This final rule is effective on
October 12, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
srobinson on DSK4SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
17:19 Sep 11, 2012
Jkt 226001
No. EPA–R05–OAR–2011–0826. All
documents in the docket are listed on
the www.regulations.gov web site.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through
www.regulations.gov or in hard copy at
the 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
Constantine Blathras, Environmental
Engineer, at (312) 886–0671 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Constantine Blathras, Environmental
Engineer, Air Permits Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–0671,
Blathras.Constantine@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. What action is EPA taking?
EPA is approving Michigan’s request
to revise its SIP to add rule R. 336.2816
to be consistent with Federal PSD
regulations in 40 CFR 51.166(p), that
require state PSD programs to have a
mechanism in place to coordinate and
consult with Federal land managers of
Class I PSD areas. On January 9, 2008,
EPA proposed to disapprove R.
336.2816 from Michigan’s SIP submittal
because it did not provide for such a
mechanism. Michigan has now revised
R. 336.2816 to be consistent with the
Federal requirement.
On March 25, 2010, EPA published a
direct final approval to convert a
conditional approval of the Michigan
PSD SIP to full approval under section
110 of the CAA. In that action, EPA
stated that we would be taking a
separate action on rule R. 336.2816(2)
through (4), (requirements relating to
Class I areas). Michigan has now revised
R. 336.2816 to be consistent with the
Federal requirement.
EPA is not acting on Michigan’s
request to revise its SIP by adding a
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
significance level for particulate matter
less than 2.5 microns (PM2.5). EPA has
established a significance threshold to
limit the applicability of PSD and NSR
regulations to sources with emissions
above the significance level. To be
consistent with the Federal
requirements, Michigan amended R.
336.2801 and R. 336.2901 to add the
significance threshold for PM2.5.
Because Michigan is planning to submit
additional state rules as revisions to its
SIP for precursors of PM2.5, EPA will
defer action on this matter.
II. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. 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 Clean Air Act;
and
E:\FR\FM\12SER1.SGM
12SER1
56125
Federal Register / Vol. 77, No. 177 / Wednesday, September 12, 2012 / Rules and Regulations
• 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 EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
In May 2011, EPA issued its policy on
consultation and coordination with
Indian tribes. EPA explained that its
policy is to consult on a government to
government basis with Federally
recognized tribal governments when
EPA actions and decisions may affect
tribal interests. Accordingly, EPA sent
an invitation to consult with potentially
interested tribes, and subsequently
engaged in consultation with
representatives of the Forest County
Potawatomi Community (FCPC)
regarding the Michigan proposed SIP
revisions.
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 13, 2012. 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: August 29, 2012.
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.
2. In § 52.1170, the table in paragraph
(c) entitled ‘‘EPA—Approved Michigan
Regulations’’ is amended by adding a
new entry in numerical order for Part 18
to read as follows:
■
§ 52.1170
*
Identification of plan.
*
*
(c) * * *
*
*
EPA—APPROVED MICHIGAN REGULATIONS
Michigan citation
State effective
date
Title
*
*
*
Part 18. Prevention of Significant Deterioration of Air Quality
*
R 336.2816 .......
*
*
Sources impacting federal class I areas;
additional requirements.
*
*
*
*
*
*
*
*
[FR Doc. 2012–22328 Filed 9–11–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0958; FRL–9725–4]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Amendments to West
Virginia’s Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
srobinson on DSK4SPTVN1PROD with RULES
AGENCY:
EPA is approving the State
Implementation Plan (SIP) revision
submitted by the State of West Virginia
(West Virginia) on July 8, 2011. This
revision pertains to amendments of
SUMMARY:
VerDate Mar<15>2010
17:19 Sep 11, 2012
Jkt 226001
*
EPA approval date
*
*
June 30, 2011 ..
*
*
*
*
September 12, 2012, [Insert page number
where the document begins].
*
*
Comments
*
*
*
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy for
public inspection 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 West Virginia
DATES: This final rule is effective on
Department of Environmental
October 12, 2012.
Protection, Division of Air Quality, 601
57th Street SE., Charleston, West
ADDRESSES: EPA has established a
Virginia 25304.
docket for this action under Docket ID
Number EPA–R03–OAR–2011–0958. All FOR FURTHER INFORMATION CONTACT:
documents in the docket are listed in
Asrah Khadr, (215) 814–2071, or by
the www.regulations.gov Web site.
email at khadr.asrah@epa.gov.
Although listed in the electronic docket, SUPPLEMENTARY INFORMATION:
some information is not publicly
I. Background
available, i.e., confidential business
information (CBI) or other information
On February 22, 2012, EPA published
whose disclosure is restricted by statute. a notice of proposed rulemaking (NPR)
Certain other material, such as
for West Virginia. 77 FR 10423. The
West Virginia’s Legislative Rule
regarding ambient air quality standards
(45 CSR 8—Ambient Air Quality
Standards). These amendments
incorporate by reference the National
Ambient Air Quality Standards
(NAAQS) in effect on June 1, 2010 for
sulfur dioxide (SO2), particulate matter
(PM), carbon monoxide (CO), ozone,
nitrogen dioxide (NO2), and lead. This
action is being taken under the Clean
Air Act (CAA).
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]]>Agencies
[Federal Register Volume 77, Number 177 (Wednesday, September 12, 2012)]
[Rules and Regulations]
[Pages 56124-56125]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22328]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2011-0826; FRL-9725-6]
Approval and Promulgation of Air Quality Implementation Plans;
Michigan; PSD and NSR Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving specified revisions to Michigan's State
Implementation Plan (SIP) that EPA has determined are consistent with
the Federal requirements of the prevention of significant deterioration
(PSD) construction permit program for the purpose of meeting the
requirements of the Clean Air Act (CAA) with regard to new source
review (NSR) in Class I areas attaining the National Ambient Air
Quality Standards.
DATES: This final rule is effective on October 12, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2011-0826. All documents in the docket are listed on
the www.regulations.gov web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the
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 Constantine Blathras,
Environmental Engineer, at (312) 886-0671 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Constantine Blathras, Environmental
Engineer, Air Permits Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-0671, Blathras.Constantine@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. What action is EPA taking?
II. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is approving Michigan's request to revise its SIP to add rule
R. 336.2816 to be consistent with Federal PSD regulations in 40 CFR
51.166(p), that require state PSD programs to have a mechanism in place
to coordinate and consult with Federal land managers of Class I PSD
areas. On January 9, 2008, EPA proposed to disapprove R. 336.2816 from
Michigan's SIP submittal because it did not provide for such a
mechanism. Michigan has now revised R. 336.2816 to be consistent with
the Federal requirement.
On March 25, 2010, EPA published a direct final approval to convert
a conditional approval of the Michigan PSD SIP to full approval under
section 110 of the CAA. In that action, EPA stated that we would be
taking a separate action on rule R. 336.2816(2) through (4),
(requirements relating to Class I areas). Michigan has now revised R.
336.2816 to be consistent with the Federal requirement.
EPA is not acting on Michigan's request to revise its SIP by adding
a significance level for particulate matter less than 2.5 microns
(PM2.5). EPA has established a significance threshold to
limit the applicability of PSD and NSR regulations to sources with
emissions above the significance level. To be consistent with the
Federal requirements, Michigan amended R. 336.2801 and R. 336.2901 to
add the significance threshold for PM2.5. Because Michigan
is planning to submit additional state rules as revisions to its SIP
for precursors of PM2.5, EPA will defer action on this
matter.
II. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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 Clean Air Act; and
[[Page 56125]]
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 EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
In May 2011, EPA issued its policy on consultation and coordination
with Indian tribes. EPA explained that its policy is to consult on a
government to government basis with Federally recognized tribal
governments when EPA actions and decisions may affect tribal interests.
Accordingly, EPA sent an invitation to consult with potentially
interested tribes, and subsequently engaged in consultation with
representatives of the Forest County Potawatomi Community (FCPC)
regarding the Michigan proposed SIP revisions.
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 13, 2012. 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: August 29, 2012.
Susan Hedman,
Regional Administrator, Region 5.
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.
0
2. In Sec. 52.1170, the table in paragraph (c) entitled ``EPA--
Approved Michigan Regulations'' is amended by adding a new entry in
numerical order for Part 18 to read as follows:
Sec. 52.1170 Identification of plan.
* * * * *
(c) * * *
EPA--Approved Michigan Regulations
----------------------------------------------------------------------------------------------------------------
Michigan citation Title State effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Part 18. Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------
* * * * * * *
R 336.2816............. Sources impacting June 30, 2011.......... September 12,
federal class I 2012, [Insert
areas; additional page number where
requirements. the document
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2012-22328 Filed 9-11-12; 8:45 am]
BILLING CODE 6560-50-P
