Air Plan Approval; Michigan; 2006 PM2., 63451-63454 [2015-26312]
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Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations
63451
EPA-APPROVED MINNESOTA NONREGULATORY PROVISIONS—Continued
Name of nonregulatory
SIP provision
Applicable
geographic or
nonattainment
area
State
submittal
date/effective
date
EPA approved
date
Comments
This action addresses the following CAA
elements: 110(a)(2)(A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and (M). We are
not taking action on the visibility portion of
(D)(i)(II) or the state board requirements
of (E)(ii). We will address these requirements in a separate action. EPA is disapproving the elements related to the prevention of significant deterioration, specifically as they pertain to section
110(a)(2)(C), (D)(i)(II), (D)(ii), and (J);
however, Minnesota continues to implement the Federally promulgated rules for
this purpose.
This action addresses the following CAA
elements: 110(a)(2)(A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and (M). We are
not taking action on (D)(i)(I), the visibility
portion of (D)(i)(II), or the state board requirements of (E)(ii). We will address
these requirements in a separate action.
EPA is disapproving the elements related
to the prevention of significant deterioration, specifically as they pertain to section
110(a)(2)(C), (D)(i)(II), (D)(ii), and (J);
however, Minnesota continues to implement the Federally promulgated rules for
this purpose.
This action addresses the following CAA
elements: 110(a)(2)(A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and (M). We are
not taking action on (D)(i)(I), the visibility
portion of (D)(i)(II), or the state board requirements of (E)(ii). We will address
these requirements in a separate action.
EPA is disapproving the elements related
to the prevention of significant deterioration, specifically as they pertain to section
110(a)(2)(C), (D)(i)(II), (D)(ii), and (J);
however, Minnesota continues to implement the Federally promulgated rules for
this purpose.
Section 110(a)(2) Infrastructure Requirements for the 2010 nitrogen dioxide (NO2)
NAAQS.
Statewide ..........
6/12/2014 (submittal
date).
10/20/2015, [insert Federal Register citation].
Section 110(a)(2) Infrastructure Requirements for the 2010
sulfur dioxide (SO2)
NAAQS.
Statewide ..........
6/12/2014 (submittal
date).
10/20/2015, [insert Federal Register citation].
Section 110(a)(2) Infrastructure Requirements for the 2012
fine particulate matter
(PM2.5) NAAQS.
Statewide ..........
6/12/2014 (submittal
date).
10/20/2015, [insert Federal Register citation].
[FR Doc. 2015–25969 Filed 10–19–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–RO5–OAR–2014–0657; FRL–9935–63–
Region 5]
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Air Plan Approval; Michigan; 2006
PM2.5 and 2008 Lead NAAQS State
Board Infrastructure SIP Requirements
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving elements of
state implementation plan (SIP)
SUMMARY:
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submissions from Michigan regarding
state board requirements of section 110
of the Clean Air Act (CAA) for the 2006
fine particulate matter (PM2.5) and 2008
lead National Ambient Air Quality
Standards (NAAQS). The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA.
This direct final rule will be
effective December 21, 2015, unless EPA
receives adverse comments by
November 19, 2015. 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.
DATES:
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Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2014–0657 by one of the following
methods:
1. www.regulations.gov: Follow the
online instructions for submitting
comments.
2. Email: aburano.douglas@epa.gov.
3. Fax: (312) 408–2279.
4. Mail: Douglas Aburano, Chief,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
5. Hand Delivery: Douglas Aburano,
Chief, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted
ADDRESSES:
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63452
Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations
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. EPA–R05–OAR–2014–0657.
EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
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 Sarah
Arra, Environmental Scientist, at (312)
886–9401 before visiting the Region 5
office.
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FOR FURTHER INFORMATION CONTACT:
Sarah Arra, Environmental Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–9401,
arra.sarah@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 is the background of these SIP
submissions?
II. What is EPA’s review of these SIP
submissions?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background of these SIP
submissions?
This rulemaking addresses
submissions from the Michigan
Department of Environmental Quality
(MDEQ) for the 2006 PM2.5 and 2008
lead NAAQS. MDEQ submitted its
infrastructure SIPs on the following
dates: 2006 PM2.5—August 15, 2011,
supplemented on July 9, 2012; 2008
lead—April 3, 2012, supplemented
August 9, 2013. On July 10, 2014,
MDEQ requested that new rules related
to state board requirements which it had
submitted to be incorporated into the
SIP also apply to its 2006 PM2.5 and
2008 lead NAAQS infrastructure SIPs.
The requirement for states to make a
SIP submission of this type arises out of
CAA section 110(a)(1). Pursuant to
section 110(a)(1), states must make SIP
submissions ‘‘within 3 years (or such
shorter period as the Administrator may
prescribe) after the promulgation of a
national primary ambient air quality
standard (or any revision thereof),’’ and
these SIP submissions are to provide for
the ‘‘implementation, maintenance, and
enforcement’’ of such NAAQS. The
statute directly imposes on states the
duty to make these SIP submissions,
and the requirement to make the
submissions is not conditioned upon
EPA’s taking any action other than
promulgating a new or revised NAAQS.
Section 110(a)(2) includes a list of
specific elements that ‘‘[e]ach such
plan’’ submission must address.
This specific rulemaking is taking
action only on the state board element
of the Michigan submittal. The majority
of the other infrastructure elements for
the 2006 PM2.5 NAAQS were addressed
on October 29, 2012 (77 FR 65478). The
other infrastructure elements for the
2008 lead NAAQS were addressed on
July 16, 2014 (79 FR 41439). The
infrastructure element for state board
requirements is found in CAA
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110(a)(2)(E). For further discussion on
the background of infrastructure
submittals, see 77 FR 45992.
II. What is EPA’s review of these SIP
submissions?
On September 13, 2013, EPA issued
‘‘Guidance on Infrastructure State
Implementation Plan (SIP) Elements
under Clean Air Act Sections 110(a)(1)
and 110(a)(2)’’ (2013 Memo). As noted
in the 2013 Memo, pursuant to CAA
section 110(a), states must provide
reasonable notice and opportunity for
public hearing for all infrastructure SIP
submissions. MDEQ provided public
comment opportunities on both
submittals on which EPA is acting in
this direct final rule. MDEQ provided a
detailed synopsis of how various
components of its SIP meet each of the
applicable requirements in section
110(a)(2) for the 2006 PM2.5 and 2008
lead NAAQS, as applicable. The
following review only evaluates the
state’s submissions for CAA section
110(a)(2)(E)(ii) requirements.
Section 110(a)(2)(E)(ii) requires each
SIP to contain provisions that comply
with the state board requirements of
section 128 of the CAA. That provision
contains two explicit requirements: (1)
That any board or body which approves
permits or enforcement orders under
this chapter shall have at least a
majority of members who represent the
public interest and do not derive any
significant portion of their income from
persons subject to permits and
enforcement orders under this chapter,
and (2) that any potential conflicts of
interest by members of such board or
body or the head of an executive agency
with similar powers be adequately
disclosed. The 2013 Memo specifies that
the provisions that implement CAA
section 128 must be contained within
the SIP. ‘‘EPA would not approve an
infrastructure SIP submission that only
provides a narrative description of
existing air agency laws, rules, and
regulations that are not approved into
the SIP to address CAA section 128
requirements.’’ 2013 Memo at 42.
On July 10, 2014, MDEQ submitted
Civil Service Rule 2–8.3(a)(1) for
incorporation into the SIP, pursuant to
section 128 of the CAA. EPA approved
this rule as satisfying CAA section 128
requirements on August 31, 2015 (see 80
FR 52399). On July 10, 2014, MDEQ
requested that these rules satisfy not
only the applicable requirements of
section 128 of the CAA, but that they
satisfy any applicable requirements of
section 110(a)(2)(E) for the 2006 PM2.5
and 2008 lead NAAQS. Therefore, EPA
finds that MDEQ has satisfied the
applicable infrastructure SIP
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Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations
requirements for this section of
110(a)(2)(E) for the 2006 PM2.5 and 2008
lead NAAQS.
III. What action is EPA taking?
EPA is approving the state board
related infrastructure requirement for
Michigan’s 2006 PM2.5 and 2008 lead
NAAQS submittals as satisfying the
infrastructure SIP requirements in CAA
sections 110(a)(2)(E)(ii).
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 December 21, 2015 without
further notice unless we receive relevant
adverse written comments by November
19, 2015. If we receive such comments,
we will withdraw this action before the
effective date by publishing a
subsequent document that will
withdraw the final action. All public
comments received will then be
addressed in a subsequent final rule
based on the proposed action. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
If we do not receive any comments, this
action will be effective December 21,
2015.
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IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
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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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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
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63453
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 21, 2015. 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 this 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, Incorporation by
reference, Intergovernmental relations,
Lead, Particulate matter, Reporting and
recordkeeping requirements.
Dated: October 5, 2015.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
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
(e) is amended by revising the entries
for ‘‘Section 110(a)(2) Infrastructure
Requirements for the 2006 24-Hour
PM2.5 NAAQS’’ and ‘‘Section 110(a)(2)
Infrastructure Requirements for the 2008
lead (Pb) NAAQS’’ to read as follows:
■
§ 52.1170
*
Identification of plan.
*
*
(e) * * *
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*
*
63454
Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations
EPA-APPROVED MICHIGAN NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Name of nonregulatory
SIP provision
Applicable
geographic or
nonattainment
area
State submittal date
EPA approval date
Comments
*
Section 110(a)(2) Infrastructure Requirements for the 2006
24-Hour PM2.5
NAAQS.
*
Statewide ..........
*
*
*
8/15/2011, 7/9/2012,
10/20/2015, [Insert Fed7/10/2014 ......................
eral Register citation].
*
*
This action addresses the following CAA
elements: 110(a)(2)(A), (B), (C), (D)(i)(II),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M). We are not taking action on the visibility protection requirements of (D)(i)(II).
We will address this requirements in a
separate action.
*
Section 110(a)(2) Infrastructure Requirements for the 2008
lead (Pb) NAAQS.
*
Statewide ..........
*
*
*
4/3/2012, 8/9/2013,
10/20/2015, [insert Fed7/10/2014 ......................
eral Register citation].
*
*
This action addresses the following CAA
elements: 110(a)(2)(A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and (M).
[FR Doc. 2015–26312 Filed 10–19–15; 8:45 am]
BILLING CODE 6560–50–P
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
45 CFR Parts 1206, 1210, 1211, 1216,
1217, 1218, 1220, 1222, 1226, and 2556
RIN 3045–AA36
Volunteers in Service to America
Corporation for National and
Community Service.
ACTION: Final rule.
AGENCY:
The Corporation for National
and Community Service (CNCS)
publishes new regulations under the
Domestic Volunteer Service Act of 1973,
as amended, and the National and
Community Service Act of 1990, as
amended, for the Volunteers in Service
to America (VISTA) program, including
certain changes to update existing
regulations.
SUMMARY:
DATES:
This rule is effective January 19,
2016.
FOR FURTHER INFORMATION CONTACT:
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Calvin Dawson, AmeriCorps VISTA, at
the Corporation for National and
Community Service, 1201 New York
Avenue NW., Washington, DC 20525,
phone 202–606–6897. The TDD/TTY
number is 800–833–3722.
SUPPLEMENTARY INFORMATION:
I. Background
The Economic Opportunity Act of
1964 created the Volunteers in Service
to America (VISTA) program. The
VISTA program, sometimes referred to
as the domestic Peace Corps, has
operated since the first VISTA
volunteers (VISTAs or VISTA members)
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Jkt 238001
were placed in service in December
1964.
In 1971, the VISTA program was
transferred from the Office of Economic
Opportunity to the former Federal
agency, ACTION (the Federal Domestic
Volunteer Agency). In 1973, Congress
enacted the Domestic Volunteer Service
Act of 1973 (DVSA), the VISTA
program’s enabling legislation. The
VISTA program continues to retain its
purpose, as stated in the DVSA, ‘‘to
strengthen and supplement efforts to
eliminate and alleviate poverty and
poverty-related problems in the United
States by encouraging and enabling
individuals from all walks of life, all
geographical areas, and all age groups,
including low-income individuals,
elderly and retired Americans, to
perform meaningful and constructive
volunteer service in agencies,
institutions, and situations where the
application of human talent and
dedication may assist in the solution of
poverty and poverty-related problems
and secure and exploit opportunities for
self-advancement by individuals
afflicted with such problems.’’
In 1994, the Corporation for National
and Community Service (CNCS) was
established pursuant to the National and
Community Service Trust Act of 1993;
at this time, the operations of all service
programs previously administered by
ACTION, including the VISTA program,
began to be administered by CNCS. The
VISTA program also became known as
the AmeriCorps VISTA program, one of
three AmeriCorps programs now
administered by CNCS. The other two
programs were, and continue to be: (1)
The AmeriCorps State and National
program; and (2) the AmeriCorps
National Civilian Community Corps
(NCCC). Since 1994, the VISTA program
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continues to be primarily operated and
administered under the DVSA. The
other two AmeriCorps programs are
operated under the National and
Community Service Act of 1990
(NCSA).
In 2009, Congress enacted the Edward
M. Kennedy Serve America Act of 2009
(Serve America Act), which contained
certain amendments to both the DVSA
and the NCSA. With regard to the
VISTA program, the Serve America Act
amendments largely related to the Segal
AmeriCorps Education Award, a type of
end-of-service award for which a VISTA
member may be eligible upon successful
completion of a term of VISTA service.
II. Scope of Final Rule
This rule covers core aspects of the
VISTA program: (a) Entities that are
sponsors for VISTA projects; and (b)
individuals who are applicants,
candidates, and VISTAs (including
VISTA leaders and VISTA summer
associates), serving at project sites. This
rule has four purposes.
First, it conforms the existing
regulations to the fact that CNCS
administers the VISTA program.
References in the existing regulations to
the former Federal agency, ACTION,
and the administrative structure of
ACTION are changed to reflect CNCS
and its administrative structure.
Second, this rule codifies the VISTA
rules in the same location as the rules
for CNCS’s other programs. The existing
VISTA regulations are codified at 45
CFR parts 1206, 1210, 1211, 1216–1220,
1222, and 1226. This rule places the
VISTA regulations within the
regulations for CNCS and the other
CNCS programs at 45 CFR parts 2505–
2556.
On a related note, existing program
regulations at 45 CFR parts 1206, 1216,
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]]>Agencies
[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Rules and Regulations]
[Pages 63451-63454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26312]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-RO5-OAR-2014-0657; FRL-9935-63-Region 5]
Air Plan Approval; Michigan; 2006 PM[bdi2].[bdi5] and
2008 Lead NAAQS State Board Infrastructure SIP Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of state implementation plan (SIP) submissions from Michigan
regarding state board requirements of section 110 of the Clean Air Act
(CAA) for the 2006 fine particulate matter (PM2.5) and 2008
lead National Ambient Air Quality Standards (NAAQS). The infrastructure
requirements are designed to ensure that the structural components of
each state's air quality management program are adequate to meet the
state's responsibilities under the CAA.
DATES: This direct final rule will be effective December 21, 2015,
unless EPA receives adverse comments by November 19, 2015. 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-2014-0657 by one of the following methods:
1. www.regulations.gov: Follow the online instructions for
submitting comments.
2. Email: aburano.douglas@epa.gov.
3. Fax: (312) 408-2279.
4. Mail: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted
[[Page 63452]]
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. EPA-R05-OAR-2014-
0657. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
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 Sarah Arra, Environmental Scientist, at
(312) 886-9401 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Sarah Arra, Environmental Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-9401, arra.sarah@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 is the background of these SIP submissions?
II. What is EPA's review of these SIP submissions?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background of these SIP submissions?
This rulemaking addresses submissions from the Michigan Department
of Environmental Quality (MDEQ) for the 2006 PM2.5 and 2008
lead NAAQS. MDEQ submitted its infrastructure SIPs on the following
dates: 2006 PM2.5--August 15, 2011, supplemented on July 9,
2012; 2008 lead--April 3, 2012, supplemented August 9, 2013. On July
10, 2014, MDEQ requested that new rules related to state board
requirements which it had submitted to be incorporated into the SIP
also apply to its 2006 PM2.5 and 2008 lead NAAQS
infrastructure SIPs.
The requirement for states to make a SIP submission of this type
arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1),
states must make SIP submissions ``within 3 years (or such shorter
period as the Administrator may prescribe) after the promulgation of a
national primary ambient air quality standard (or any revision
thereof),'' and these SIP submissions are to provide for the
``implementation, maintenance, and enforcement'' of such NAAQS. The
statute directly imposes on states the duty to make these SIP
submissions, and the requirement to make the submissions is not
conditioned upon EPA's taking any action other than promulgating a new
or revised NAAQS. Section 110(a)(2) includes a list of specific
elements that ``[e]ach such plan'' submission must address.
This specific rulemaking is taking action only on the state board
element of the Michigan submittal. The majority of the other
infrastructure elements for the 2006 PM2.5 NAAQS were
addressed on October 29, 2012 (77 FR 65478). The other infrastructure
elements for the 2008 lead NAAQS were addressed on July 16, 2014 (79 FR
41439). The infrastructure element for state board requirements is
found in CAA 110(a)(2)(E). For further discussion on the background of
infrastructure submittals, see 77 FR 45992.
II. What is EPA's review of these SIP submissions?
On September 13, 2013, EPA issued ``Guidance on Infrastructure
State Implementation Plan (SIP) Elements under Clean Air Act Sections
110(a)(1) and 110(a)(2)'' (2013 Memo). As noted in the 2013 Memo,
pursuant to CAA section 110(a), states must provide reasonable notice
and opportunity for public hearing for all infrastructure SIP
submissions. MDEQ provided public comment opportunities on both
submittals on which EPA is acting in this direct final rule. MDEQ
provided a detailed synopsis of how various components of its SIP meet
each of the applicable requirements in section 110(a)(2) for the 2006
PM2.5 and 2008 lead NAAQS, as applicable. The following
review only evaluates the state's submissions for CAA section
110(a)(2)(E)(ii) requirements.
Section 110(a)(2)(E)(ii) requires each SIP to contain provisions
that comply with the state board requirements of section 128 of the
CAA. That provision contains two explicit requirements: (1) That any
board or body which approves permits or enforcement orders under this
chapter shall have at least a majority of members who represent the
public interest and do not derive any significant portion of their
income from persons subject to permits and enforcement orders under
this chapter, and (2) that any potential conflicts of interest by
members of such board or body or the head of an executive agency with
similar powers be adequately disclosed. The 2013 Memo specifies that
the provisions that implement CAA section 128 must be contained within
the SIP. ``EPA would not approve an infrastructure SIP submission that
only provides a narrative description of existing air agency laws,
rules, and regulations that are not approved into the SIP to address
CAA section 128 requirements.'' 2013 Memo at 42.
On July 10, 2014, MDEQ submitted Civil Service Rule 2-8.3(a)(1) for
incorporation into the SIP, pursuant to section 128 of the CAA. EPA
approved this rule as satisfying CAA section 128 requirements on August
31, 2015 (see 80 FR 52399). On July 10, 2014, MDEQ requested that these
rules satisfy not only the applicable requirements of section 128 of
the CAA, but that they satisfy any applicable requirements of section
110(a)(2)(E) for the 2006 PM2.5 and 2008 lead NAAQS.
Therefore, EPA finds that MDEQ has satisfied the applicable
infrastructure SIP
[[Page 63453]]
requirements for this section of 110(a)(2)(E) for the 2006
PM2.5 and 2008 lead NAAQS.
III. What action is EPA taking?
EPA is approving the state board related infrastructure requirement
for Michigan's 2006 PM2.5 and 2008 lead NAAQS submittals as
satisfying the infrastructure SIP requirements in CAA sections
110(a)(2)(E)(ii).
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 December 21,
2015 without further notice unless we receive relevant adverse written
comments by November 19, 2015. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. If we do not receive any comments, this action will be
effective December 21, 2015.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 21, 2015. 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 this 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, Incorporation by
reference, Intergovernmental relations, Lead, Particulate matter,
Reporting and recordkeeping requirements.
Dated: October 5, 2015.
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 (e) is amended by revising
the entries for ``Section 110(a)(2) Infrastructure Requirements for the
2006 24-Hour PM2.5 NAAQS'' and ``Section 110(a)(2)
Infrastructure Requirements for the 2008 lead (Pb) NAAQS'' to read as
follows:
Sec. 52.1170 Identification of plan.
* * * * *
(e) * * *
[[Page 63454]]
EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable geographic
Name of nonregulatory SIP or nonattainment State submittal EPA approval Comments
provision area date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Statewide............. 8/15/2011, 7/9/ 10/20/2015, This action
Infrastructure Requirements 2012, [Insert Federal addresses the
for the 2006 24-Hour PM2.5 7/10/2014........ Register following CAA
NAAQS. citation]. elements:
110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(G), (H), (J),
(K), (L), and (M).
We are not taking
action on the
visibility
protection
requirements of
(D)(i)(II). We
will address this
requirements in a
separate action.
* * * * * * *
Section 110(a)(2) Statewide............. 4/3/2012, 8/9/ 10/20/2015, This action
Infrastructure Requirements 2013, [insert Federal addresses the
for the 2008 lead (Pb) NAAQS. 7/10/2014........ Register following CAA
citation]. elements:
110(a)(2)(A), (B),
(C), (D), (E),
(F), (G), (H),
(J), (K), (L), and
(M).
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[FR Doc. 2015-26312 Filed 10-19-15; 8:45 am]
BILLING CODE 6560-50-P
