Approval and Promulgation of Air Quality Implementation Plans; Michigan, 76064-76067 [2013-29555]
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Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Rules and Regulations
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AO47
Authorization for Non-VA Medical
Services; Withdrawal
Department of Veterans Affairs.
Withdrawal of direct final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) published a direct final rule
in the Federal Register on November 28,
2012, that would have amended its
regulations regarding payment by VA
for medical services under VA’s
statutory authority to provide non-VA
medical care. VA sought to remove an
outdated regulatory limitation on
veterans’ eligibility to be referred for
non-VA medical care. On the same date,
VA also published a companion
proposed rule containing the same
amendments as the direct final rule.
Because VA received adverse comments
on this action, we are withdrawing the
direct final rule. In a companion
document in the Federal Register, VA is
publishing a final rule that addresses
comments received on the proposed and
direct final rules.
DATES: The direct final rule published
on November 28, 2013 (77 FR 70893), is
withdrawn as of December 16, 2013.
FOR FURTHER INFORMATION CONTACT: Lisa
Brown, Chief, Policy Management
Department, Department of Veterans
Affairs, Chief Business Office,
Purchased Care, 3773 Cherry Creek
North Drive, Suite 450, Denver, CO
80209 at (303) 331–7829. This is not a
toll-free number.
SUPPLEMENTARY INFORMATION: In a direct
final rule published in the Federal
Register on November 28, 2012, 77 FR
70893, VA would have amended its
regulations authorizing non-VA medical
care effective January 28, 2013. Under
the non-VA medical care authority in 38
U.S.C. 1703, VA may provide certain
hospital care (inpatient care) and
medical services (outpatient care) for
eligible veterans when VA facilities are
not capable of providing necessary
treatment due to geographical
inaccessibility or are not capable of
providing the services needed. The
direct final rule would have revised
VA’s existing regulation, at 38 CFR
17.52(a)(2)(ii), to remove a limitation
that barred VA from authorizing non-VA
medical services for certain veterans
who had not previously been furnished
VA hospital care. Without this revision,
these veterans were eligible for non-VA
medical services under § 17.52(a)(2)(ii)
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to complete treatment of a nonserviceconnected disability only if they had
received VA hospital care for that
disability.
VA published a companion proposed
rule on the same date, at 77 FR 70967,
proposing the same amendments as the
direct final rule. The direct final rule
and proposed rule each provided a 30day comment period that ended on
December 28, 2012. VA received
comments on the proposed rule and
direct final rule, including some adverse
comments. VA is therefore withdrawing
the direct final rule, ‘‘Authorization for
Non-VA Medical Services,’’ RIN 2900–
AO47, which did not become effective
on January 28, 2013 because VA
received adverse comments on the
proposed rule and direct final rule
during the 30-day comment period. VA
is publishing a final rulemaking,
‘‘Authorization for Non-VA Medical
Services,’’ RIN 2900–AO46, in this issue
of the Federal Register that addresses
comments received on both the direct
final rule and the proposed rule. These
actions are consistent with the
procedures stated in the direct final rule
and the proposed rule.
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs. Jose
D. Riojas, Chief of Staff, Department of
Veterans Affairs, approved this
document on November 6, 2013 for
publication.
Dated: December 4, 2013.
Robert C. McFetridge,
Director, Regulation Policy and Management,
Office of the General Counsel, Department
of Veterans Affairs.
[FR Doc. 2013–29312 Filed 12–13–13; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2010–0566; FRL–9904–11–
Region 5]
Approval and Promulgation of Air
Quality Implementation Plans;
Michigan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving revisions to
the State of Michigan’s Clean Air Act
SUMMARY:
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New Source Review (NSR) State
Implementation Plan (SIP), including
the Part 1 general provisions rules and
the Part 19 rules for major sources in
nonattainment areas. The Michigan
Department of Environmental Quality
(MDEQ) submitted the revisions to
address, among other things, the Federal
NSR reform rules. EPA is also removing
Michigan rule 336.1220 from the
Michigan SIP. This rule is being
replaced by applicable language found
in Michigan’s Part 19 NSR rules. MDEQ
submitted these revisions to EPA on
March 24, 2009.
DATES: This final rule is effective on
January 15, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2010–0566. 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
(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 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 Permit 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?
On February 6, 2013, EPA proposed
approval of MDEQ’s March 24, 2009
request to revise the Part 19 rules in its
SIP (78 FR 8485) and announced a thirty
day public comment period. EPA
received comments generally supporting
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the proposed approval. However, in its
March 6, 2013 comment letter to EPA,
MDEQ noted that the proposed approval
did not address its request to rescind
rule 336.1220 from its SIP.
On August 19, 2013, EPA proposed to
rescind rule 226.1220 from the
Michigan SIP (78 FR 50369). EPA also
stated in the proposal that we would not
be taking any action in this rulemaking
on other Part 2 air use approval rule
revisions. EPA received comments
supporting the proposal to approve the
Part 19 revisions and rescind rule
226.1220 from the SIP, and urging EPA
to take action on the remaining Part 2
air use approval rule revisions. EPA will
address Michigan’s remaining Part 2
rule revisions in a separate rulemaking
action.
EPA is approving the following
Michigan air pollution control rules into
the Michigan SIP: (1) Part 1, general
provisions. Revisions include
amendments to R336.1102 to R336.1105
(including R336.1103 and R.336.1104)
(definitions: B, C, D, E); R336.1109
(definitions: I); R336.1112 to R336.1114
(definitions: L, M, N); and R336.1122
(definitions: V). These revisions were
made to modify the definitions that
impact the new NSR permitting rules in
Part 19 as well as modify the definition
of volatile organic compound. (2) Part
19, NSR for major sources impacting
nonattainment areas. These revisions
include changes to R336.2901
(definitions); R336.2901a (adoption by
reference); R336.2902 (applicability);
R336.2903 (additional permit
requirements for sources impacting
nonattainment areas); R336.2907
(plantwide applicability limits or PALs);
and R336.2908 (conditions for approval
of a major new source review permit in
a nonattainment area). (3) Part 2. EPA is
removing rule 336.1220. Although EPA
proposed on February 6, 2013 to
approve other revisions to Part 2 that
Michigan had submitted on March 24,
2009, EPA is not currently taking any
other action regarding Michigan’s Part 2
rules in this action.
EPA has reviewed the rules MDEQ
submitted on March 24, 2009, in light of
the Federal nonattainment air quality
permitting regulations found in 40 CFR
51.165(a) and (b). EPA has found that
the rules as submitted by Michigan for
inclusion into its SIP are at least as
stringent as the Federal rules. The
Federal rules found at 40 CFR 51.165(a)
and (b) specify the elements necessary
for approval of a State permit program
for preconstruction review for
nonattainment purposes under Part D of
the Clean Air Act. A major source or
major modification that would be
located in an area designated as
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nonattainment and subject to the
nonattainment area permitting rules
must meet stringent conditions designed
to ensure that the new source’s
emissions will be controlled to the
greatest degree possible; that more than
equivalent offsetting emission
reductions will be obtained from
existing sources; and that there will be
progress toward achieving the National
Ambient Air Quality Standards.
II. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act 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 Clean Air Act. 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 Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
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76065
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.
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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by February 14,
2014. 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) of the Clean Air Act.)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: November 29, 2013.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
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Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Rules and Regulations
i. Revising the entries in ‘‘Part 1.
General Provisions’’ for R 336.1102, R
336.1103, R 336.1104, R 336.1105, R
336.1109, R 336.1112, R 336.1113, R
336.1114, and R 336.1122.
■ ii. Amending ‘‘Part 2. Air Use
Approval’’ by removing the entry for R
336.1220.
■ iii. Adding six new entries under a
new heading ‘‘Part 19. New Source
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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) is amended by:
■
Review for Major Sources Impacting
Nonattainment Areas’’ in numerical
order.
The added and revised text reads as
follows:
§ 52.1170
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED MICHIGAN REGULATIONS
Title
*
*
State effective
date
EPA approval date
*
Michigan citation
*
*
*
*
*
*
*
*
*
*
*
Comments
Part 1. General Provisions
*
*
*
*
R 336.1102 ..................................
Definitions; B ...............................
3/28/2008
R 336.1103 ..................................
Definitions; C ...............................
3/28/2008
R 336.1104 ..................................
Definitions; D ...............................
3/28/2008
R 336.1105 ..................................
Definitions; E ...............................
3/28/2008
*
*
*
*
*
R 336.1109 ..................................
Definitions: I .................................
3/28/2008
R 336.1112 ..................................
Definitions; L ................................
3/28/2008
R 336.1113 ..................................
Definitions: M ...............................
3/28/2008
R 336.1114 ..................................
Definitions; N ...............................
3/28/2008
*
*
*
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R 336.1122 ..................................
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*
Definitions; V ...............................
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Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Rules and Regulations
EPA-APPROVED MICHIGAN REGULATIONS—Continued
Title
*
*
State effective
date
EPA approval date
*
Michigan citation
*
*
Comments
*
*
Part 19. New Source Review for Major Sources Impacting Nonattainment Areas
R 336.2901 ..................................
Definitions ....................................
6/20/2008
R 336.2901a ................................
Adoption by reference .................
6/20/2008
R 336.2902 ..................................
Applicability ..................................
6/20/2008
R 336.2903 ..................................
Additional permit requirements
for sources impacting nonattainment areas.
6/20/2008
R 336.2907 ..................................
Plantwide applicability limits or
PALs.
6/20/2008
R 336.2908 ..................................
Conditions for approval of a
major new source review permit in a nonattainment area.
6/20/2008
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[FR Doc. 2013–29555 Filed 12–13–13; 8:45 am]
I. Background
BILLING CODE 6560–50–P
DoD published a proposed rule in the
Federal Register at 77 FR 35921 on June
15, 2012. The comment period closed
on August 14, 2012. This rule proposed
to revise the prescription and the clause
at DFARS 252.211–7003 to update and
clarify instructions for the identification
and valuation processes. Five
respondents submitted public
comments in response to the proposed
rule.
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 211, 212, 218, 246, 252,
and Appendix F to Chapter 2
RIN 0750–AH64
II. Discussion and Analysis
Defense Federal Acquisition
Regulation Supplement: Item Unique
Identifier Update (DFARS Case 2011–
D055)
DoD reviewed the public comments in
the development of the final rule. A
discussion of the comments and the
changes made to the rule as a result of
those comments is provided, as follows.
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
A. Summary of Significant Changes
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to update and clarify
requirements for unique identification
and valuation of items delivered under
DoD contracts.
DATES: Effective December 16, 2013.
FOR FURTHER INFORMATION CONTACT: Mr.
Dustin Pitsch, telephone 571–372–6090.
SUPPLEMENTARY INFORMATION:
The final rule incorporates the
following significant changes from the
proposed rule:
• Paragraphs 211.274–2(a)(2) and (3)
are revised to consolidate requirements.
• The definition of ‘‘data matrix’’
within the clause at 252.211–7003 is
modified from the proposed rule to
clarify the specification with which
contractors must comply.
• The words ‘‘at its own expense’’ at
252.211–7003(c)(1)(v) are removed as a
result of a public comment.
• The statement ‘‘or registered in the
DoD Item Unique Identification
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Registry’’ is added at 252.211–
7003(c)(2).
• The phrase ‘‘ECC200 data matrix
specification’’ is added at 252.211–
7003(c)(3) to note the exact specification
within the listed standard.
• 252.211–7003(c)(5)(D) is revised to
read ‘‘Verify that the marks on items
and labels on shipments, storage
containers, and packages are machine
readable and conform to the applicable
standards. The contractor shall use an
automatic identification technology
device for this verification that has been
programmed to the requirements of
Appendix A, MIL–STD–130, latest
version.’’
• 252.211–7003(f)(1) is revised to
include the sentence ‘‘If WAWF is not
required by this contract, and the
contractor is not using WAWF, follow
the procedure at https://
dodprocurementtoolbox.com/site/
uidregistry/.’’
• 252.211–7003(f)(2)(ii) is revised to
clarify that a fill-in is necessary when
this circumstance applies.
• Changes previously proposed to
update the Web site at 252.225–
7039(b)(1)(ii)(B) are no longer required
as DFARS final rule 2013–D037
published November 18, 2013 deleted
this clause as coverage is now located in
the FAR.
• In Appendix F–103(e)(1), the last
sentence is revised to read ‘‘WAWF
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]]>Agencies
[Federal Register Volume 78, Number 241 (Monday, December 16, 2013)]
[Rules and Regulations]
[Pages 76064-76067]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29555]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2010-0566; FRL-9904-11-Region 5]
Approval and Promulgation of Air Quality Implementation Plans;
Michigan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving revisions to the State of Michigan's Clean
Air Act New Source Review (NSR) State Implementation Plan (SIP),
including the Part 1 general provisions rules and the Part 19 rules for
major sources in nonattainment areas. The Michigan Department of
Environmental Quality (MDEQ) submitted the revisions to address, among
other things, the Federal NSR reform rules. EPA is also removing
Michigan rule 336.1220 from the Michigan SIP. This rule is being
replaced by applicable language found in Michigan's Part 19 NSR rules.
MDEQ submitted these revisions to EPA on March 24, 2009.
DATES: This final rule is effective on January 15, 2014.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2010-0566. 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 (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 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 Permit 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?
On February 6, 2013, EPA proposed approval of MDEQ's March 24, 2009
request to revise the Part 19 rules in its SIP (78 FR 8485) and
announced a thirty day public comment period. EPA received comments
generally supporting
[[Page 76065]]
the proposed approval. However, in its March 6, 2013 comment letter to
EPA, MDEQ noted that the proposed approval did not address its request
to rescind rule 336.1220 from its SIP.
On August 19, 2013, EPA proposed to rescind rule 226.1220 from the
Michigan SIP (78 FR 50369). EPA also stated in the proposal that we
would not be taking any action in this rulemaking on other Part 2 air
use approval rule revisions. EPA received comments supporting the
proposal to approve the Part 19 revisions and rescind rule 226.1220
from the SIP, and urging EPA to take action on the remaining Part 2 air
use approval rule revisions. EPA will address Michigan's remaining Part
2 rule revisions in a separate rulemaking action.
EPA is approving the following Michigan air pollution control rules
into the Michigan SIP: (1) Part 1, general provisions. Revisions
include amendments to R336.1102 to R336.1105 (including R336.1103 and
R.336.1104) (definitions: B, C, D, E); R336.1109 (definitions: I);
R336.1112 to R336.1114 (definitions: L, M, N); and R336.1122
(definitions: V). These revisions were made to modify the definitions
that impact the new NSR permitting rules in Part 19 as well as modify
the definition of volatile organic compound. (2) Part 19, NSR for major
sources impacting nonattainment areas. These revisions include changes
to R336.2901 (definitions); R336.2901a (adoption by reference);
R336.2902 (applicability); R336.2903 (additional permit requirements
for sources impacting nonattainment areas); R336.2907 (plantwide
applicability limits or PALs); and R336.2908 (conditions for approval
of a major new source review permit in a nonattainment area). (3) Part
2. EPA is removing rule 336.1220. Although EPA proposed on February 6,
2013 to approve other revisions to Part 2 that Michigan had submitted
on March 24, 2009, EPA is not currently taking any other action
regarding Michigan's Part 2 rules in this action.
EPA has reviewed the rules MDEQ submitted on March 24, 2009, in
light of the Federal nonattainment air quality permitting regulations
found in 40 CFR 51.165(a) and (b). EPA has found that the rules as
submitted by Michigan for inclusion into its SIP are at least as
stringent as the Federal rules. The Federal rules found at 40 CFR
51.165(a) and (b) specify the elements necessary for approval of a
State permit program for preconstruction review for nonattainment
purposes under Part D of the Clean Air Act. A major source or major
modification that would be located in an area designated as
nonattainment and subject to the nonattainment area permitting rules
must meet stringent conditions designed to ensure that the new source's
emissions will be controlled to the greatest degree possible; that more
than equivalent offsetting emission reductions will be obtained from
existing sources; and that there will be progress toward achieving the
National Ambient Air Quality Standards.
II. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
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 Clean Air Act.
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 Clean Air Act; 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 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 14, 2014. 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) of the
Clean Air Act.)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: November 29, 2013.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
[[Page 76066]]
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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) is amended by:
0
i. Revising the entries in ``Part 1. General Provisions'' for R
336.1102, R 336.1103, R 336.1104, R 336.1105, R 336.1109, R 336.1112, R
336.1113, R 336.1114, and R 336.1122.
0
ii. Amending ``Part 2. Air Use Approval'' by removing the entry for R
336.1220.
0
iii. Adding six new entries under a new heading ``Part 19. New Source
Review for Major Sources Impacting Nonattainment Areas'' in numerical
order.
The added and revised text reads as follows:
Sec. 52.1170 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Michigan Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
Michigan citation Title effective date EPA approval date Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part 1. General Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
R 336.1102........................ Definitions; B....... 3/28/2008 12/16/2013, [INSERT PAGE NUMBER WHERE .....................................
THE DOCUMENT BEGINS].
R 336.1103........................ Definitions; C....... 3/28/2008 12/16/2013, [INSERT PAGE NUMBER WHERE .....................................
THE DOCUMENT BEGINS].
R 336.1104........................ Definitions; D....... 3/28/2008 12/16/2013, [INSERT PAGE NUMBER WHERE .....................................
THE DOCUMENT BEGINS].
R 336.1105........................ Definitions; E....... 3/28/2008 12/16/2013, [INSERT PAGE NUMBER WHERE .....................................
THE DOCUMENT BEGINS].
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
R 336.1109........................ Definitions: I....... 3/28/2008 12/16/2013, [INSERT PAGE NUMBER WHERE .....................................
THE DOCUMENT BEGINS].
R 336.1112........................ Definitions; L....... 3/28/2008 12/16/2013, [INSERT PAGE NUMBER WHERE .....................................
THE DOCUMENT BEGINS].
R 336.1113........................ Definitions: M....... 3/28/2008 12/16/2013, [INSERT PAGE NUMBER WHERE .....................................
THE DOCUMENT BEGINS].
R 336.1114........................ Definitions; N....... 3/28/2008 12/16/2013, [INSERT PAGE NUMBER WHERE .....................................
THE DOCUMENT BEGINS].
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
R 336.1122........................ Definitions; V....... 3/28/2008 12/16/2013, [INSERT PAGE NUMBER WHERE .....................................
THE DOCUMENT BEGINS].
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 76067]]
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part 19. New Source Review for Major Sources Impacting Nonattainment Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
R 336.2901........................ Definitions.......... 6/20/2008 12/16/2013, [INSERT PAGE NUMBER WHERE .....................................
THE DOCUMENT BEGINS].
R 336.2901a....................... Adoption by reference 6/20/2008 12/16/2013, [INSERT PAGE NUMBER WHERE .....................................
THE DOCUMENT BEGINS].
R 336.2902........................ Applicability........ 6/20/2008 12/16/2013, [INSERT PAGE NUMBER WHERE .....................................
THE DOCUMENT BEGINS].
R 336.2903........................ Additional permit 6/20/2008 12/16/2013, [INSERT PAGE NUMBER WHERE .....................................
requirements for THE DOCUMENT BEGINS].
sources impacting
nonattainment areas.
R 336.2907........................ Plantwide 6/20/2008 12/16/2013, [INSERT PAGE NUMBER WHERE .....................................
applicability limits THE DOCUMENT BEGINS].
or PALs.
R 336.2908........................ Conditions for 6/20/2008 12/16/2013, [INSERT PAGE NUMBER WHERE .....................................
approval of a major THE DOCUMENT BEGINS].
new source review
permit in a
nonattainment area.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[FR Doc. 2013-29555 Filed 12-13-13; 8:45 am]
BILLING CODE 6560-50-P
