Approval and Promulgation of Air Quality Implementation Plans; Michigan; PSD Rules for PM2.5, 18802-18805 [2014-06825]
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Federal Register / Vol. 79, No. 65 / Friday, April 4, 2014 / Rules and Regulations
have a significant impact on a
substantial number of small entities.
V. Paperwork Reduction Act of 1995
This final rule contains information
collection provisions that are subject to
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520). We conclude
that these information collection
provisions are exempt from OMB review
under 44 U.S.C. 3518(c)(1)(B)(ii) and 5
CFR 1320.4(a)(2) as collections of
information obtained during the
conduct of a civil action to which the
United States or any official or Agency
thereof is a party, or during the conduct
of an administrative action,
investigation, or audit involving an
Agency against specific individuals or
entities. The regulations in 5 CFR
1320.3(c) provide that the exception in
5 CFR 1320.4(a)(2) applies during the
entire course of the investigation, audit,
or action, but only after a case file or
equivalent is opened with respect to a
particular party. Such a case file would
be opened as part of the request to
access records under 21 CFR 1.361.
VI. Analysis of Environmental Impact
The Agency has carefully considered
the potential environmental effects of
this action. FDA has concluded under
21 CFR 25.30(h) that this action is of a
type that does not individually or
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
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VII. Federalism
FDA has analyzed this final rule in
accordance with the principles set forth
in Executive Order 13132. FDA has
determined that the rule does not
contain policies that have substantial
direct effects on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Accordingly, the
Agency has concluded that the rule does
not contain policies that have
federalism implications as defined in
the Executive Order and, consequently,
a federalism summary impact statement
is not required.
List of Subjects in 21 CFR Part 1
Cosmetics, Drugs, Exports, Food
labeling, Imports, Labeling, Reporting
and recordkeeping requirements.
PART 1—GENERAL ENFORCEMENT
REGULATIONS
Accordingly, the interim rule
amending 21 CFR part 1, which was
■
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published at 77 FR 10658 (February 23,
2012), is adopted as a final rule without
change.
Dated: April 1, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014–07550 Filed 4–3–14; 8:45 am]
BILLING CODE 4160–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2013–0646; FRL–9908–72–
Region 5]
Approval and Promulgation of Air
Quality Implementation Plans;
Michigan; PSD Rules for PM2.5
Environmental Protection
Agency (EPA).
ACTION: Direct Final Rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
Michigan’s Prevention of Significant
Deterioration (PSD) Program rules and
definitions, including revisions to Parts
1 and 18 of Michigan’s Air Pollution
Control Rules into Michigan’s State
Implementation Plan (SIP). The revised
rules address the Federal requirements
for significant emission levels, and
definitions for fine particulate matter
(PM2.5). The Michigan Department of
Environmental Quality (MDEQ)
submitted these revisions to EPA on
August 9, 2013, and September 19,
2013.
DATES: This direct final rule is effective
June 3, 2014, unless EPA receives
adverse comments by May 5, 2014. 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–2013–0646, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: damico.genevieve@epa.gov.
3. Fax: (312) 886–0968.
4. Mail: Genevieve Damico, Chief, Air
Permits Section, Air Programs Branch
(AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Genevieve Damico,
Chief, Air Permits Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
SUMMARY:
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Such deliveries are only accepted
during the Regional Office normal hours
of operation, and special arrangements
should be made for deliveries of boxed
information. The Regional Office official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2013–
0646. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone
Constantine Blathras, Environmental
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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:
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I. Background
II. What action is EPA taking?
III. Statutory and Executive Order Reviews.
I. Background
On August 9, 2013, MDEQ submitted
revisions to Michigan rules R 336.2801,
Definitions; R 336.2803, Ambient air
increments; and R 336.2816, Sources
impacting Federal Class I areas,
additional requirements, which reflect
changes to Federal rules on PM2.5 and
ozone precursors. MDEQ also submitted
various revisions to Michigan rule R
336.2809 to allow for the exemption
from permitting requirements of
minimal air quality impacts from new
sources; however, MDEQ has requested
that EPA not act on subsection R
336.2809(5)(a)(iii), which creates a
significant monitoring concentration
(SMC) for PM2.5. Michigan had
promulgated this subsection before the
U.S. Court of Appeals for the District of
Columbia Circuit vacated the Federal
PM2.5 SMC on January 22, 2013. On
September 19, 2013, MDEQ submitted
revisions to definitions in Michigan
rules R 336.1116, R 336.1119, and R
336.1122 to address additional changes
to Federal rules. The revisions to rules
R 336.1116 and R 336.1119 add
significance levels and definitions for
PM2.5 and account for PM2.5 and PM10
condensables in applicability
determinations and in establishing
emissions limits. The revision to R
336.1122(f) updates the definition of
volatile organic compounds to exclude
additional compounds with negligible
reactivity in the formation of ozone that
have been approved by EPA. However,
MDEQ has asked EPA not to act on the
revision to the definition of
‘‘significant’’ in rule R 336.1119 at this
time. Michigan will resubmit revisions
to that definition at a later date.
II. What action is EPA taking?
EPA is approving the submitted
revisions to Michigan’s Part 1
definitions, with the exception of the
definition of ‘‘significant’’ in rule R
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336.1119. EPA has determined that the
revised rules comply with the revisions
to the Federal requirements found in 40
CFR 51.100, 51.165, and 51.166,
pertaining to new definitions and
provisions for PM2.5.
EPA is approving the submitted
revisions to Michigan’s Part 18 PSD
rules into the Michigan SIP, with the
exception of R 336.2809(5)(a)(iii), on
which we are taking no action. EPA has
determined that the revised rules
comply with the revisions to the Federal
definitions and provisions pertaining to
PM2.5 found at 40 CFR 51.100, 51.165,
and 51.166.
We are publishing this action without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
state plan if relevant adverse written
comments are filed. This rule will be
effective June 3, 2014 without further
notice unless we receive relevant
adverse written comments by May 5,
2014. 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. We then will
address all public comments 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. Please note
that if EPA receives adverse comment
on an amendment, paragraph, or section
of this rule that may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of the adverse
comment. If we do not receive any
adverse comments, this action will be
effective June 3, 2014.
III. 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
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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 (Public Law 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.
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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 June 3, 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. 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
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.
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: March 17, 2014.
Susan Hedman,
Regional Administrator, Region 5.
2. In § 52.1170 the table in paragraph
(c) is amended by:
■ i. Revising the entries in ‘‘Part 1.
General Provisions’’ for R 336.1116 and
R 336.1122; and
■ ii. Revising the entries in ‘‘Part 18.
Prevention of Significant Deterioration
of Air Quality’’ for R 336.2801, R
336.2803, R 336.2809, and R 336.2816.
The revised text reads as follows:
§ 52.1170
■
*
40 CFR part 52 is amended as follows:
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED MICHIGAN REGULATIONS
Michigan citation
*
State effective
date
Title
*
*
*
Part 1. General Provisions
EPA approval date
*
*
*
*
4/4/14, [INSERT PAGE
NUMBER WHERE THE
DOCUMENT BEGINS].
*
11/30/2012
*
*
4/4/14, [INSERT PAGE
NUMBER WHERE THE
DOCUMENT BEGINS].
*
11/30/2012
*
R 336.2801 ..................................
*
*
*
*
Part 18. Prevention of Significant Deterioration of Air Quality
Definitions ....................................
11/30/2012 4/4/14, [INSERT PAGE
NUMBER WHERE THE
DOCUMENT BEGINS].
*
*
R 336.2803 ..................................
*
Ambient Air Increments ...............
*
*
*
*
R 336.2809 ..................................
*
Exemptions ..................................
*
*
*
R 336.2816 ..................................
*
Sources impacting federal class I
areas; additional requirements.
*
*
*
R 336.1116 ..................................
*
Definitions; P ...............................
*
*
*
R 336.1122 ..................................
*
Definitions; V ...............................
*
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*
*
*
*
*
*
Comments
11/30/2012
*
*
4/4/14, [INSERT PAGE
NUMBER WHERE THE
DOCUMENT BEGINS].
11/30/2012
*
*
4/4/14, [INSERT PAGE
NUMBER WHERE THE
DOCUMENT BEGINS].
11/30/2012
*
*
4/4/14, [INSERT PAGE
NUMBER WHERE THE
DOCUMENT BEGINS].
*
*
*
[FR Doc. 2014–06825 Filed 4–3–14; 8:45 am]
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All except for section
(5)(a)(iii)
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Federal Register / Vol. 79, No. 65 / Friday, April 4, 2014 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2013–0258; FRL–9907–67]
Metaflumizone; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of metaflumizone
in or on eggplant, pepper, tomato, and
tomato, paste. BASF Corporation
requested these tolerances under the
Federal Food, Drug, and Cosmetic Act
(FFDCA).
SUMMARY:
This regulation is effective April
4, 2014. Objections and requests for
hearings must be received on or before
June 3, 2014, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
DATES:
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2013–0258, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460–0001. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Lois
Rossi, Registration Division (7505P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. General Information
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A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
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determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2013–0258 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before June 3, 2014. Addresses for mail
and hand delivery of objections and
hearing requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2013–0258, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
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18805
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.htm.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
II. Summary of Petitioned-for Tolerance
In the Federal Register of June 5, 2013
(78 FR 33785) (FRL–9386–2), EPA
issued a document pursuant to FFDCA
section 408(d)(3), 21 U.S.C. 346a(d)(3),
announcing the filing of a pesticide
petition (PP 3E8146) by BASF
Corporation, P.O. Box 13528, Research
Triangle Park, NC 27790. The petition
requested that 40 CFR 180.657 be
amended by establishing tolerances for
residues of the insecticide
metaflumizone, (E and Z isomers; 2-[2(4-cyanophenyl)-1-[3-(trifluoromethyl)
phenyl]ethylidene]-N-[4(trifluoromethoxy)phenyl]
hydrazinecarboxamide), and its
metabolite (4-{2-oxo-2-[3(trifluoromethyl) phenyl]ethyl}benzonitrile), in or on eggplant at 0.6
parts per million (ppm); pepper at 0.6
ppm; and tomato at 0.6 ppm. That
document referenced a summary of the
petition prepared by BASF Corporation,
the registrant, which is available in the
docket, https://www.regulations.gov.
There were no comments received in
response to the notice of filing.
Based upon review of the data
supporting the petition, EPA has
determined that the tolerances for
eggplant and pepper should each be
established at 1.5 ppm, the tolerance for
tomato should be established at 0.60
ppm, and that an additional tolerance
for tomato, paste should be established
at 1.2 ppm. The reasons for these
changes are explained in Unit IV.C.
III. Aggregate Risk Assessment and
Determination of Safety
Section 408(b)(2)(A)(i) of FFDCA
allows EPA to establish a tolerance (the
legal limit for a pesticide chemical
residue in or on a food) only if EPA
determines that the tolerance is ‘‘safe.’’
Section 408(b)(2)(A)(ii) of FFDCA
defines ‘‘safe’’ to mean that ‘‘there is a
reasonable certainty that no harm will
result from aggregate exposure to the
pesticide chemical residue, including
all anticipated dietary exposures and all
other exposures for which there is
reliable information.’’ This includes
exposure through drinking water and in
residential settings, but does not include
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[Federal Register Volume 79, Number 65 (Friday, April 4, 2014)]
[Rules and Regulations]
[Pages 18802-18805]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06825]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2013-0646; FRL-9908-72-Region 5]
Approval and Promulgation of Air Quality Implementation Plans;
Michigan; PSD Rules for PM2.5
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct Final Rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to Michigan's Prevention of Significant Deterioration (PSD)
Program rules and definitions, including revisions to Parts 1 and 18 of
Michigan's Air Pollution Control Rules into Michigan's State
Implementation Plan (SIP). The revised rules address the Federal
requirements for significant emission levels, and definitions for fine
particulate matter (PM2.5). The Michigan Department of
Environmental Quality (MDEQ) submitted these revisions to EPA on August
9, 2013, and September 19, 2013.
DATES: This direct final rule is effective June 3, 2014, unless EPA
receives adverse comments by May 5, 2014. 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-2013-0646, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: damico.genevieve@epa.gov.
3. Fax: (312) 886-0968.
4. Mail: Genevieve Damico, Chief, Air Permits Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Genevieve Damico, Chief, Air Permits Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only
accepted during the Regional Office normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The Regional Office official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2013-0646. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Constantine Blathras, Environmental
[[Page 18803]]
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. Background
II. What action is EPA taking?
III. Statutory and Executive Order Reviews.
I. Background
On August 9, 2013, MDEQ submitted revisions to Michigan rules R
336.2801, Definitions; R 336.2803, Ambient air increments; and R
336.2816, Sources impacting Federal Class I areas, additional
requirements, which reflect changes to Federal rules on
PM2.5 and ozone precursors. MDEQ also submitted various
revisions to Michigan rule R 336.2809 to allow for the exemption from
permitting requirements of minimal air quality impacts from new
sources; however, MDEQ has requested that EPA not act on subsection R
336.2809(5)(a)(iii), which creates a significant monitoring
concentration (SMC) for PM2.5. Michigan had promulgated this
subsection before the U.S. Court of Appeals for the District of
Columbia Circuit vacated the Federal PM2.5 SMC on January
22, 2013. On September 19, 2013, MDEQ submitted revisions to
definitions in Michigan rules R 336.1116, R 336.1119, and R 336.1122 to
address additional changes to Federal rules. The revisions to rules R
336.1116 and R 336.1119 add significance levels and definitions for
PM2.5 and account for PM2.5 and PM10
condensables in applicability determinations and in establishing
emissions limits. The revision to R 336.1122(f) updates the definition
of volatile organic compounds to exclude additional compounds with
negligible reactivity in the formation of ozone that have been approved
by EPA. However, MDEQ has asked EPA not to act on the revision to the
definition of ``significant'' in rule R 336.1119 at this time. Michigan
will resubmit revisions to that definition at a later date.
II. What action is EPA taking?
EPA is approving the submitted revisions to Michigan's Part 1
definitions, with the exception of the definition of ``significant'' in
rule R 336.1119. EPA has determined that the revised rules comply with
the revisions to the Federal requirements found in 40 CFR 51.100,
51.165, and 51.166, pertaining to new definitions and provisions for
PM2.5.
EPA is approving the submitted revisions to Michigan's Part 18 PSD
rules into the Michigan SIP, with the exception of R
336.2809(5)(a)(iii), on which we are taking no action. EPA has
determined that the revised rules comply with the revisions to the
Federal definitions and provisions pertaining to PM2.5 found
at 40 CFR 51.100, 51.165, and 51.166.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective June 3, 2014
without further notice unless we receive relevant adverse written
comments by May 5, 2014. 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. We then will address all
public comments 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.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule that may be severed from the
remainder of the rule, EPA may adopt as final those provisions of the
rule that are not the subject of the adverse comment. If we do not
receive any adverse comments, this action will be effective June 3,
2014.
III. 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 (Public Law 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.
[[Page 18804]]
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 June 3, 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 17, 2014.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
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
336.1116 and R 336.1122; and
0
ii. Revising the entries in ``Part 18. Prevention of Significant
Deterioration of Air Quality'' for R 336.2801, R 336.2803, R 336.2809,
and R 336.2816.
The 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 336.1116........................ Definitions; P....... 11/30/2012 4/4/14, [INSERT PAGE NUMBER WHERE THE
DOCUMENT BEGINS].
* * * * * * *
R 336.1122........................ Definitions; V....... 11/30/2012 4/4/14, [INSERT PAGE NUMBER WHERE THE
DOCUMENT BEGINS].
* * * * * * *
Part 18. Prevention of Significant Deterioration of Air Quality
R 336.2801........................ Definitions.......... 11/30/2012 4/4/14, [INSERT PAGE NUMBER WHERE THE
DOCUMENT BEGINS].
* * * * * * *
R 336.2803........................ Ambient Air 11/30/2012 4/4/14, [INSERT PAGE NUMBER WHERE THE
Increments. DOCUMENT BEGINS].
* * * * * * *
R 336.2809........................ Exemptions........... 11/30/2012 4/4/14, [INSERT PAGE NUMBER WHERE THE All except for section (5)(a)(iii)
DOCUMENT BEGINS].
* * * * * * *
R 336.2816........................ Sources impacting 11/30/2012 4/4/14, [INSERT PAGE NUMBER WHERE THE
federal class I DOCUMENT BEGINS].
areas; additional
requirements.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[FR Doc. 2014-06825 Filed 4-3-14; 8:45 am]
BILLING CODE 6560-50-P
