Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Rules and Regulations 41637 

Priority Mail Contract 5 (MC2009–21 and 

CP2009–26) 

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CP2009–30) 

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CP2009–31) 

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CP2009–34) 

Priority Mail Contract 11 (MC2009–27 and 

CP2009–37) 

Priority Mail Contract 12 (MC2009–28 and 

CP2009–38) 

Priority Mail Contract 13 (MC2009–29 and 

CP2009–39) 

Priority Mail Contract 14 (MC2009–30 and 

CP2009–40) 

Outbound International 

Direct Entry Parcels Contracts 

Direct Entry Parcels 1 (MC2009–26 and 

CP2009–36) 

Global Direct Contracts (MC2009–9, 

CP2009–10, and CP2009–11) 

Global Expedited Package Services (GEPS) 

Contracts 

GEPS 1 (CP2008–5, CP2008–11, CP2008– 

12, and CP2008–13, CP2008–18, 

CP2008–19, CP2008–20, CP2008–21, 

CP2008–22, CP2008–23, and CP2008–24) 

Global Plus Contracts 

Global Plus 1 (CP2008–8, CP2008–46 and 

CP2009–47) 

Global Plus 2 (MC2008–7 and CP2009–48) 

Inbound International 

Inbound Direct Entry Contracts with 

Foreign Postal Administrations 

(MC2008–6, CP2008–14 and CP2008–15) 

International Business Reply Service 

Competitive Contract 1 (MC2009–14 and 

CP2009–20) 

Competitive Product Descriptions 

Express Mail 

[Reserved for Group Description] 

Express Mail 

[Reserved for Product Description] 

Outbound International Expedited Services 

[Reserved for Product Description] 

Inbound International Expedited Services 

[Reserved for Product Description] 

Priority 

[Reserved for Product Description] 

Priority Mail 

[Reserved for Product Description] 

Outbound Priority Mail International 

[Reserved for Product Description] 

Inbound Air Parcel Post 

[Reserved for Product Description] 

Parcel Select 

[Reserved for Group Description] 

Parcel Return Service 

[Reserved for Group Description] 

International 

[Reserved for Group Description] 

International Priority Airlift (IPA) 

[Reserved for Product Description] 

International Surface Airlift (ISAL) 

[Reserved for Product Description] 

International Direct Sacks—M–Bags 

[Reserved for Product Description] 

Global Customized Shipping Services 

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International Money Transfer Service 

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rates) 

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International Certificate of Mailing 

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International Restricted Delivery 

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International Insurance 

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Negotiated Service Agreements 

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Domestic 

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Outbound International 

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Part C—Glossary of Terms and Conditions 

[Reserved] 

Part D—Country Price Lists for International 

Mail [Reserved] 

[FR Doc. E9–19757 Filed 8–17–09; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0294; FRL–8944–7] 

Approval of Implementation Plans of 

Michigan: Clean Air Interstate Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving revisions to 

the Michigan State Implementation Plan 

(SIP) submitted on July 16, 2007, and on 

June 10, 2009. Together, the revisions 

address the requirements for an 

abbreviated Clean Air Interstate Rule 

(CAIR) SIP. EPA is also providing notice 

that the December 20, 2007, conditional 

approval of the July 16, 2007, submittal 

automatically converted to a 

disapproval. 

DATES: This direct final rule will be 

effective October 19, 2009, unless EPA 

receives adverse comments by 

September 17, 2009. 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–2009–0294, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 692–2551. 

4. Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. 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–2009– 

0294. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 through http:// 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. The http:// 

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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

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 and any form of 

encryption and should be free of any 

defects or viruses. For additional 

information about EPA’s public docket 

visit the EPA Docket Center homepage 

at http://www.epa.gov/epahome/ 

dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 


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41638 Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Rules and Regulations 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy at 

the U.S. 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 legal 

holidays. We recommend that you 

telephone Douglas Aburano, 

Environmental Engineer, at (312) 353– 

6960, before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Aburano, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–6960, 

aburano.douglas@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: 

Table of Contents 

I. What Action Is EPA Taking? 

II. What Is the Regulatory History of CAIR 

and the CAIR Federal Implementation 

Plans (FIPs)? 

III. What Are the General Requirements of 

CAIR and the CAIR FIPs? 

IV. What Are the Types of CAIR SIP 

Submittals? 

V. Analysis of Michigan’s CAIR SIP 

Submittal 

VI. Disapproval Notice and Approval Action 

VII. Statutory and Executive Order Reviews 

I. What Action Is EPA Taking? 

EPA is approving two revisions to 

Michigan’s abbreviated CAIR SIP and at 

the same time is providing notice that 

one of those revisions, which EPA had 

conditionally approved, converted to a 

disapproval on December 20, 2008. The 

revision that was automatically 

disapproved does not fulfill the CAIR 

requirements on its own but does when 

considered in conjunction with the 

second revision. 

On July 16, 2007, Michigan submitted 

a SIP revision to address the CAIR 

requirements. EPA conditionally 

approved the SIP submittal because the 

majority of Michigan’s SIP submittal 

was approvable but there were several 

minor deficiencies that needed to be 

corrected. After the Michigan 

Department of Environmental Quality 

(MDEQ) failed to address all the issues 

in EPA’s December 20, 2007, 

conditional approval of the submittal, 

the conditional approval lapsed to 

disapproval on December 20, 2008. 

Today’s action provides notice of the 

disapproval. On April 13, 2009, MDEQ 

submitted a proposed SIP revision to 

address the deficiencies in the July 16, 

2007, submittal. MDEQ requested that 

EPA process the April 13, 2009, 

submittal while the State completed the 

State rule adoption process. 

Additionally, in a letter dated May 7, 

2009, MDEQ requested that ‘‘EPA 

reconsider the conditional approval 

given to the original SIP submitted in 

July 2007.’’ MDEQ completed the State 

adoption process for the rules submitted 

to EPA on April 13, 2009, and submitted 

the adopted rules as a complete SIP 

revision on June 10, 2009, in place of 

the April 13, 2009, submittal. Since the 

conditional approval automatically 

converted to a disapproval on December 

20, 2008, EPA cannot ‘‘reconsider the 

conditional approval’’ as requested by 

MDEQ. However, it is clear from the 

aforementioned correspondence with 

the State, as well as correspondence 

accompanying the June 10, 2009, 

submittal, that the State intends that 

EPA should act on the July 16, 2007, 

submittal in conjunction with the June 

10, 2009, SIP revision request. 

The combination of these two 

submittals fulfills the CAIR 

requirements for abbreviated SIPs. The 

July 16, 2007, submittal generally meets 

the CAIR requirements, and the June 10, 

2009, submittal corrects certain 

deficiencies EPA found with the July 16, 

2007, submittal. The automatic 

disapproval of the July 16, 2007, 

submittal is inconsequential because, as 

explained above, we are approving both 

the July 16, 2007, and June 10, 2009, 

submittals. 

II. What Is the Regulatory History of 

CAIR and the CAIR Federal 

Implementation Plans (FIPs)? 

EPA published CAIR on May 12, 2005 

(70 FR 25162). In this rule, EPA 

determined that 28 States and the 

District of Columbia contribute 

significantly to nonattainment and 

interfere with maintenance of the 

national ambient air quality standards 

(NAAQS) for fine particles (PM2.5) and/ 

or 8-hour ozone in downwind States in 

the eastern part of the country. As a 

result, EPA required those upwind 

States to revise their SIPs to include 

control measures that reduce emissions 

of sulfur dioxide (SO2), which is a 

precursor to PM2.5 formation, and/or 

nitrogen oxides (NOX), which is a 

precursor to both ozone and PM2.5

formation. For jurisdictions that 

contribute significantly to downwind 

PM2.5 nonattainment, CAIR sets annual 

State-wide emission reduction 

requirements (i.e., budgets) for SO2 and 

NOX. Similarly, for jurisdictions that 

contribute significantly to 8-hour ozone 

nonattainment, CAIR sets State-wide 

emission budgets for NOX for the ozone 

season (May 1st to September 30th). 

Under CAIR, States may implement 

these reduction requirements by 

participating in the EPA-administered 

cap-and-trade programs or by adopting 

any other control measures. 

The CAIR establishes requirements 

that must be included in SIPs to address 

the requirements of section 110(a)(2)(D) 

of the Clean Air Act (CAA) with regard 

to interstate transport for ozone and 

PM2.5. On May 25, 2005, EPA made 

national findings that the States had 

failed to submit SIPs meeting the 

requirements of section 110(a)(2)(D). 

The SIPs were due in July 2000, three 

years after the promulgation of the 8- 

hour ozone and PM2.5 NAAQS. These 

findings started a two-year clock for 

EPA to promulgate a FIP to address the 

requirements of section 110(a)(2)(D). 

Under CAA section 110(c)(1), EPA may 

issue a FIP anytime after such findings 

are made, and must do so within two 

years unless EPA has approved a SIP 

revision correcting the deficiency before 

the FIP is promulgated. 

On April 28, 2006, EPA promulgated 

FIPs for all States covered by CAIR to 

ensure that the emissions reductions 

required by CAIR are achieved on 

schedule. The CAIR FIPs require electric 

generating units (EGUs) to participate in 

the EPA-administered CAIR SO2, NOX

annual, and NOX ozone season trading 

programs, as appropriate. The CAIR FIP 

trading programs impose essentially the 

same requirements as, and are 

integrated with, the respective CAIR SIP 

trading programs. The integration of the 

FIP and SIP trading programs means 

that these trading programs will work 

together to create a single trading 

program for each regulated pollutant 

(SO2, NOX annual, and NOX ozone 

season) in all States covered by CAIR 

FIP or SIP trading programs for that 

pollutant. Further, as provided in a rule 

published by EPA on November 2, 2007 

(72 FR 62338), a State’s CAIR FIP is 

automatically withdrawn when EPA 

approves a SIP revision as fully meeting 

the requirements of CAIR. Where only 

portions of the SIP revision are 

approved, the corresponding portions of 

the FIPs are automatically withdrawn 

and the remaining portions of the FIP 

stay in place. Finally, the CAIR FIPs 

also allow States to submit abbreviated 

SIP revisions that, if approved by EPA, 

automatically replace or supplement 


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Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Rules and Regulations 41639 

certain CAIR FIP provisions (e.g., the 

methodology for allocating NOX

allowances to sources in the State), 

while the CAIR FIP remains in place for 

all other provisions. 

On October 19, 2007, EPA amended 

CAIR and the CAIR FIPs to clarify the 

definition of ‘‘cogeneration unit’’ and, 

thus, the applicability of the CAIR 

trading program to cogeneration units. 

EPA was sued by a number of parties 

on various aspects of CAIR, and on July 

11, 2008, the U.S. Court of Appeals for 

the District of Columbia Circuit issued 

its decision to vacate and remand both 

CAIR and the associated CAIR FIPs in 

their entirety. North Carolina v. EPA, 

531 F.3d 836 (DC Cir. Jul. 11, 2008). 

However, in response to EPA’s petition 

for rehearing, the Court issued an order 

remanding CAIR to EPA without 

vacating either CAIR or the CAIR FIPs. 

North Carolina v. EPA, 550 F.3d 1176 

(DC Cir. Dec. 23, 2008). The Court 

thereby left CAIR in place in order to 

‘‘temporarily preserve the 

environmental values covered by CAIR’’ 

until EPA replaces it with a rule 

consistent with the Court’s opinion. Id. 

at 1178. The Court directed EPA to 

‘‘remedy CAIR’s flaws’’ consistent with 

its July 11, 2008, opinion, but declined 

to impose a schedule on EPA for 

completing that action. Id. Therefore, 

because EPA has not fully approved any 

CAIR SIP for Michigan, CAIR and the 

CAIR FIP are currently in effect in 

Michigan. 

III. What Are the General Requirements 

of CAIR and the CAIR FIPs? 

CAIR, which establishes State-wide 

emission budgets for SO2 and NOX, is to 

be implemented in two phases. The first 

phase of NOX reductions starts in 2009 

and continues through 2014, while the 

first phase of SO2 reductions starts in 

2010 and continues through 2014. The 

second phase of reductions for both 

NOX and SO2 starts in 2015 and 

continues thereafter. CAIR requires 

States to implement the budgets by 

either: (1) Requiring EGUs to participate 

in the EPA-administered cap-and-trade 

programs; or (2) adopting other control 

measures of the State’s choosing and 

demonstrating that such control 

measures will result in compliance with 

the applicable State SO2 and NOX

budgets. 

The May 12, 2005, and April 28, 2006, 

CAIR rules provide model rules that 

States must adopt (with certain limited 

changes, if desired) if they want to 

participate in the EPA-administered 

trading programs. 

With two exceptions, only States that 

choose to meet the requirements of 

CAIR through methods that exclusively 

regulate EGUs are allowed to participate 

in the EPA-administered trading 

programs. One exception is for States 

that adopt the opt-in provisions of the 

model rules to allow non-EGUs 

individually to opt into the EPAadministered trading programs. The 

other exception is for States that include 

all non-EGUs from their NOX SIP Call 

trading programs into their CAIR NOX

ozone season trading programs. 

IV. What Are the Types of CAIR SIP 

Submittals? 

States have the flexibility to choose 

the type of control measures they will 

use to meet the requirements of CAIR. 

EPA anticipates that most States will 

choose to meet the CAIR requirements 

by selecting an option that requires 

EGUs to participate in the EPAadministered CAIR cap-and-trade 

programs. For such States, EPA has 

provided two approaches for submitting 

and obtaining approval for CAIR SIP 

revisions. States may submit full SIP 

revisions that adopt the model CAIR 

cap-and-trade rules. If approved, these 

SIP revisions will fully replace the CAIR 

FIPs. Alternatively, States may submit 

abbreviated SIP revisions. These SIP 

revisions will not replace the CAIR FIPs; 

however, the CAIR FIPs provide that, 

when approved, the provisions in these 

abbreviated SIP revisions will be used 

instead of, or, if appropriate, in 

conjunction with the corresponding 

provisions of the CAIR FIPs (e.g., the 

NOX allowance allocation 

methodology). 

Michigan has submitted its CAIR SIP 

submittals as an abbreviated CAIR SIP. 

V. Analysis of Michigan’s CAIR SIP 

Submittals 

A. History of the July 16, 2007, 

Submittal 

EPA conditionally approved 

Michigan’s July 16, 2007, submittal on 

December 20, 2007 (72 FR 72256). Due 

to the uncertainty created by the Court’s 

decisions to vacate and then remand 

CAIR, Michigan was unable to complete 

the rulemaking process and address the 

requirements of EPA’s conditional 

approval by the December 20, 2008, 

deadline, and the conditional approval 

automatically converted to a 

disapproval on that date. Therefore, we 

are providing the required notice that 

the July 16, 2007, submittal 

automatically converted to a 

disapproval without further action by 

EPA because the December 20, 2008, 

deadline passed. As provided in the 

conditional approval, we are publishing 

a notice informing the public of the 

disapproval. On April 13, 2009, MDEQ 

submitted a SIP revision addressing the 

issues from the December 20, 2007, 

conditional approval. However, because 

of the disapproval of the July 16, 2007, 

submittal, in a letter dated May 7, 2009, 

Michigan requested that EPA consider 

the July 16, 2007, submittal and the 

April 13, 2009, submittal together as 

fully meeting the CAIR requirements. At 

the time Michigan submitted the April 

13, 2009 SIP revision request, the rule 

revisions were not completely adopted 

by the State; therefore, MDEQ requested 

that EPA parallel process the submittal. 

On June 10, 2009, MDEQ submitted 

fully adopted rules for approval. 

B. Analysis of the July 16, 2007, and 

June 10, 2009, Submittals 

The rationale for now approving 

Michigan’s July 16, 2007, submittal is 

the same as when we originally 

conditionally approved it. (Please see 

the original proposal and final notices 

for the analysis of that submittal, 72 FR 

52038 and 72 FR 72256, respectively.) 

EPA identified several minor 

deficiencies in Michigan’s July 16, 2007, 

rules. In the June 10, 2009, submittal, 

MDEQ corrects the deficiencies 

identified by EPA, corrects other 

typographical errors, and clarifies 

portions of the rule. These minor 

deficiencies and the manner in which 

MDEQ corrected each deficiency are as 

follows: 

1. In the December 20, 2007, 

conditional approval, EPA stated ‘‘in 

rule 803(3), Michigan needs to add a 

definition for ‘commence operation.’ 

This definition, and the revised 

definition of ‘commence commercial 

operation,’ are necessary to take account 

of NOX SIP Call units brought into the 

CAIR NOX ozone season trading 

program that do not generate electricity 

for sale and to ensure that they have 

appropriate deadlines for certification of 

monitoring systems under 40 CFR Part 

97.’’ 

Correction: MDEQ has added the 

definition of ‘‘commence operation’’ 

and has also revised the definition of 

‘‘commence commercial operation.’’ 

Both definitions now adopt by reference 

the definitions found in 40 CFR 97.102 

and 40 CFR 97.302. Adopting these 

definitions ensures consistency with 

EPA definitions and addresses the 

deficiency. 

2. In the December 20, 2007, 

conditional approval, EPA stated ‘‘in 

rule 803(3)(c), Michigan needs to revise 

the definition for ‘commence 

commercial operation,’ as described in 

Condition 1, above.’’ 

Correction: Corrected as described 

above for deficiency 1. 


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41640 Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Rules and Regulations 

3. In the December 20, 2007, 

conditional approval, EPA stated ‘‘in 

rule 803(3)(d)(ii), Michigan needs to 

revise the definition of ‘electric 

generating unit’ or ‘EGU.’ EPA interprets 

Michigan’s current rule 803 as properly 

including in the CAIR NOx ozone 

season trading program all EGUs in 

Michigan that were subject to the NOx 

SIP Call trading program. Michigan 

must revise the rule to clarify that all 

EGUs in Michigan that were subject to 

the NOx SIP Call trading program are 

included in the CAIR NOx ozone season 

trading program.’’ 

Correction: MDEQ has added 

language to clarify that all EGUs in 

Michigan that were subject to the NOx 

SIP Call trading program are included in 

the CAIR NOx ozone season trading 

program. 

4. In the December 20, 2007, 

conditional approval, EPA stated, ‘‘in 

rule 823(5)(c), Michigan needs to 

reference ‘subrule (1)(a), (b), (c), and (d)’ 

of the rule. While EPA interprets 

Michigan’s current rule as limiting the 

new unit set-aside allocations to the 

amount of allowances in the set-aside, 

Michigan must revise this provision to 

clarify the mechanism for implementing 

this limitation on such allocations.’’ 

Correction: MDEQ has changed this 

provision to correctly reference subrule 

(1)(a), (b), (c) and (d) of the rule. 

MDEQ has made other changes that 

correct terminology and typographical 

errors. MDEQ has also clarified language 

in parts of the rule and in the submittal 

letter. These changes are in addition to 

the changes required by EPA for 

approval but they do not significantly 

alter the rule and are, therefore, also 

being approved. 

VI. Disapproval Notice and Approval 

Action 

EPA is providing notice that 

Michigan’s July 16, 2007, abbreviated 

CAIR SIP submittal was automatically 

disapproved because MDEQ did not 

meet the December 20, 2008, deadline to 

correct certain deficiencies. This 

disapproval is inconsequential because 

EPA is approving both the July 16, 2007 

and the June 10, 2009, submittals, in 

combination, as meeting the CAIR 

requirements. The June 10, 2009, 

submittal makes the required changes to 

Michigan’s CAIR SIP and also makes 

additional minor changes to Michigan’s 

CAIR rule that correct typographical 

errors and that clarify Michigan’s CAIR 

rule. 

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 October 19, 2009 without 

further notice unless we receive relevant 

adverse written comments by September 

17, 2009. 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. The 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 

October 19, 2009. 

VII. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ 

and, therefore, is not subject to review 

by the Office of Management and 

Budget. For this reason, this action is 

also not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

State law as meeting Federal 

requirements and would impose no 

additional requirements beyond those 

imposed by State law. Accordingly, the 

Administrator certifies that this rule 

would not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601, et seq.). Because this 

action approves pre-existing 

requirements under State law and 

would not impose any additional 

enforceable duty beyond that required 

by State law, it 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). 

This rule also does not have Tribal 

implications because it would not have 

a substantial direct effect on one or 

more Indian Tribes, on the relationship 

between the Federal Government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it would not 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, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a State rule implementing a 

Federal standard and to amend the 

appropriate appendices in the CAIR FIP 

trading rules to note that approval. It 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act. This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it would 

approve a State rule implementing a 

Federal standard. 

In reviewing SIP submissions, EPA’s 

role is to approve State choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272, note) do not apply. This rule would 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501, et seq.). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Electric utilities, 

Incorporated by reference, 

Intergovernmental relations, Nitrogen 

oxides, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur dioxide. 

Dated: August 4, 2009. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart X—Michigan 

■ 2. In § 52.1170, the table in paragraph 

(c) entitled ‘‘EPA—Approved Michigan 

Regulations’’ is amended by revising 

entries in Part 8 ‘‘R 336.1802a’’, 

‘‘R 336.1803’’, ‘‘R 336.1821 through R 


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Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Rules and Regulations 41641 

336.1826’’, and ‘‘R 336.1830 through 

336.1834’’ and adding entry 

‘‘R 336.1801’’ in Part 8 to read as 

follows: 

§ 52.1170 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MICHIGAN REGULATIONS

Michigan 

citation Title State effective date EPA approval date Comments 

* * * * * * * 

Part 8. Emission Limitations and Prohibitions—Oxides of Nitrogen 

R 336.1801 .................... Emission of oxides of nitrogen from non-sip call 

stationary sources.

5/28/09 8/18/09, [Insert page 

number where the 

document begins].

R 336.1802a .................. Adoption by reference ........................................ 5/28/09 8/18/09, [Insert page 

number where the 

document begins].

R 336.1803 .................... Definitions ........................................................... 5/28/09 8/18/09, [Insert page 

number where the 

document begins].

R 336.1821 .................... CAIR NOX ozone and annual trading programs; 

applicability determinations.

5/28/09 8/18/09, [Insert page 

number where the 

document begins].

R 336.1822 .................... CAIR NOX ozone season trading program; allowance allocations.

5/28/09 8/18/09, [Insert page 

number where the 

document begins].

R 336.1823 .................... New EGUs, new non-EGUs, and newly affected 

EGUs under CAIR NOX ozone season trading program; allowance allocations.

5/28/09 8/18/09, [Insert page 

number where the 

document begins].

R 336.1824 .................... CAIR NOX ozone season trading program; 

hardship set-aside.

6/25/07 8/18/09, [Insert page 

number where the 

document begins].

R 336.1825 .................... CAIR NOX ozone season trading program; renewable set-aside.6/25/07 8/18/09, [Insert page 

number where the 

document begins].

R 336.1826 .................... CAIR NOX ozone season trading program; optin provisions.

6/25/07 8/18/09, [Insert page 

number where the 

document begins].

R 336.1830 .................... CAIR NOX annual trading program; allowance 

allocations.

5/28/09 8/18/09, [Insert page 

number where the 

document begins].

R 336.1831 .................... New EGUs under CAIR NOX annual trading 

program; allowance allocations.

5/28/09 8/18/09, [Insert page 

number where the 

document begins].

R 336.1832 .................... CAIR NOX annual trading program; hardship 

set-aside.

5/28/09 8/18/09, [Insert page 

number where the 

document begins].

R 336.1833 .................... CAIR NOX annual trading program; compliance 

supplement pool.

5/28/09 8/18/09, [Insert page 

number where the 

document begins].

R 336.1834 .................... Opt-in provisions under the CAIR NOX annual 

trading program.

6/25/07 8/18/09, [Insert page 

number where the 

document begins].

* * * * * * * 

* * * * * 

[FR Doc. E9–19805 Filed 8–17–09; 8:45 am] 

BILLING CODE 6560–50–P 


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