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[Federal Register Volume 78, Number 25 (Wednesday, February 6, 2013)]
[Proposed Rules]
[Pages 8485-8487]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02673]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2010-0566; FRL-9776-9]

Approval and Promulgation of Air Quality Implementation Plans; 
Michigan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the State of 
Michigan's New Source Review (NSR) State Implementation Plan (SIP) 
including their revised Part 2 NSR permitting rules, and the addition 
of their Part 19 rules revising Michigan's NSR rules for major sources 
in nonattainment areas to include the Federal NSR reform rules, and 
other revisions that are affected by the Federal NSR rules. The 
Michigan Department of Environmental Quality (MDEQ) submitted these 
revisions to EPA on March 24, 2009.

DATES: Comments must be received on or before March 8, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-0566, 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

[[Page 8486]]

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-
2010-0566. 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. For additional 
instructions on submitting comments, go to Section I of the 
SUPPLEMENTARY INFORMATION section of this document.
    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 
Engineer, at (312) 886-0671 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Constantine Blathras, Environmental 
Engineer, Air Permits, 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 should I consider as I prepare my comments for EPA?
II. What action is EPA taking?
III. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    2. Follow directions--EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What action is EPA taking?

    EPA is proposing to approve the following Michigan air pollution 
control rules as a revision to its SIP. On March 24, 2009, Michigan 
submitted the following rule revision packages to EPA for approval: (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 (including 
R226.1113) (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 2, Air Use Approval. Revisions 
include amendments to R36.1201 (Permits to install), R336.1202 (Waivers 
of approval), R336.1205 (Permit to install; approval), R3336.1207 
(Denial of permits to install), R336.1219 (Amendments for change of 
ownership or operational control), R336.1240 (Required air quality 
models), R336.1241 (Air quality modeling demonstration requirements), 
R336.1278 (Exclusion from exemption), R.336.1281 (Permit to install 
exemptions; cleaning, washing, and drying equipment), R336.1284 (Permit 
to install exemption; containers), R3361285 (Permit to install 
exemptions; miscellaneous), R3361288 (Permit to install exemptions; oil 
and gas processing equipment), and R336.1299 (Adoption of standards by 
reference). In addition, all relevant citations in the Part 2 rules 
have been changed to reflect Michigan's new permitting authority in the 
new Part 18 and 19 rules. (3) For Part 19, NSR for Major Sources 
Impacting Nonattainment Areas, these revisions include R336.2901 
(Definitions), R336.2901a (Adoption by reference), R336.2902 
(Applicability), R336.2903 (Additional permit requirements for sources 
impacting nonattainment areas), R336.2907 (Actuals plantwide 
applicability limits or PALs), and R336.2908 (Conditions for approval 
of a major new source review permit in a nonattainment area).
    EPA has reviewed the rules MDEQ submitted on March 24, 2009, 
against 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 revision into its SIP are at least as 
stringent as these Federal rules. The Federal rules found at Sec.  
51.165(a) and (b) specify the elements of an approvable 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 permit 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

[[Page 8487]]

there will be progress toward achieving the National Ambient Air 
Quality Standards.

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 (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.

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: January 24, 2013.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2013-02673 Filed 2-5-13; 8:45 am]
BILLING CODE 6560-50-P
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