53270 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 28, 2013. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposed of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 14, 2013. 

William K. Honker, 

Acting Regional Administrator, Region 6. 

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 E—Arkansas 

■ 2. The third table in § 52.170(e) 

entitled ‘‘EPA-Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures in the Arkansas SIP’’ is 

amended by adding an entry at the end 

for ‘‘Interstate transport for the 1997 and 

2006 PM2.5 NAAQS’’ to read as follows: 

§ 52.170 Identification of plan. 

* * * * * 

(e) * * * 

* * * * * 

EPA-APPROVED NON-REGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE ARKANSAS SIP 

Name of SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State 

submittal/ 

effective date 

EPA approval date Explanation 

*******

Interstate transport for the 1997 and 

2006 PM2.5 NAAQS (contribute to nonattainment or interfere with maintenance).

Statewide .......... 12/17/2007 

9/16/2009 

8/29/2013 [Insert FR page number 

where document begins].

[FR Doc. 2013–21024 Filed 8–28–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0064; FRL–9813–9] 

Revision of Air Quality Implementation 

Plan; California; Sacramento 

Metropolitan Air Quality Management 

District; Stationary Source Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule and technical 

amendments. 

SUMMARY: EPA is finalizing approval of 

two permitting rules submitted by 

California as a revision to the 

Sacramento Metropolitan Air Quality 

Management District (SMAQMD or 

District) portion of the California State 

Implementation Plan (SIP). These 

revisions were proposed in the Federal 

Register on February 14, 2013 and 

concern construction and modification 

of stationary sources of air pollution 

within Sacramento County. We are 

approving local rules that regulate these 

emission sources under the Clean Air 

Act as amended in 1990 (CAA). Final 

approval of these rules makes the rules 

federally enforceable and corrects 

program deficiencies identified in a 

previous EPA rulemaking (76 FR 43183, 

July 20, 2011). EPA is also making 

technical amendments to the Code of 

Federal Regulations (CFR) to reflect this 

previous rulemaking, which removed an 

obsolete provision from the California 

SIP. 

DATES: Effective Date: This rule is 

effective on September 30, 2013. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2013–0064 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov or 

in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents are 

listed at www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps, multivolume reports), and some may not be 

publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Laura Yannayon, EPA Region IX, (415) 

972–3534, yannayon.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On February 14, 2013 (78 FR 10589), 

EPA proposed to fully approve the 

following rules that were submitted for 

incorporation into the California SIP. 

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Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 53271 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Amended/adopted Submitted 

SMAQMD .......... 214 Federal New Source Review ....................................... Amended 8/23/12 ........................... 9/26/12 

SMAQMD .......... 217 Public Notice Requirements for Permits ..................... Adopted 8/23/12 ............................. 9/26/12 

We proposed to approve these rules 

based on a conclusion that they satisfy 

the applicable CAA requirements. Our 

proposed rule and related Technical 

Support Document (TSD) contain more 

information on the basis for this 

rulemaking and on our evaluation of the 

submitted rules. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received one comment from 

the SMAQMD. We summarize the 

comment and provide our response 

below. 

Comment: The SMAQMD requested 

confirmation that EPA’s final rule to 

approve Rule 214 and Rule 217 into the 

SIP will remove the 1984 version of 

Rule 202 (‘‘New Source Review’’) from 

the California SIP. The District stated 

that, based on EPA’s statements in the 

TSD for a previous rulemaking action on 

SMAQMD permitting rules that were 

intended to replace Rule 202 in the SIP 

(76 FR 43183, July 20, 2011), the District 

had expected that Rule 202 would be 

removed from the SIP but that the 

necessary language to amend the 

California SIP in 40 CFR part 52 had not 

been included in EPA’s final rule. The 

SMAQMD stated that it supports EPA’s 

proposed approvals and requests only 

that the regulatory language to delete 

Rule 202 from the SIP be included in 

EPA’s final action on Rule 214 and Rule 

217. 

EPA Response: We agree with the 

District that SMAQMD Rule 202 should 

have been removed from the California 

SIP as a result of the referenced July 20, 

2011 final action on SMAQMD 

permitting rules that were intended to 

replace Rule 202. Specifically, on July 

20, 2011, EPA finalized a full approval 

of Rule 203 and limited approval/

limited disapproval of Rule 214. See 76 

FR 43183 (July 20, 2011). EPA explained 

in the proposal for this rulemaking that 

‘‘[t]hese two new rules will replace in 

its entirety, the existing SIP approved 

NSR/PSD programs contained in Rule 

202.’’ 76 FR 28942 at 28943 (May 19, 

2011); see also U.S. EPA, Region IX, 

Technical Support Document for EPA’s 

Notice of Proposed Rulemaking for the 

California SIP, Sacramento Metropolitan 

Air Quality Management District, Rule 

214 (Federal New Source Review), Rule 

203 (Prevention of Significant 

Deterioration), May 6, 2011, at 1 (‘‘Upon 

approval into the SIP, [Rules 214 and 

203] will replace current SIP Rule 202— 

New Source Review, which was 

approved into the SIP by EPA on June 

19, 1985 (50 FR 25417).’’ EPA received 

no comments on this proposed rule and 

finalized the rulemaking as proposed. 

See 76 FR 43183 (July 20, 2011). In the 

final regulatory text codifying this final 

action, however, EPA incorporated Rule 

214 and Rule 203 into the SIP but 

neglected to remove Rule 202. See 76 FR 

at 43185. 

In response to SMAQMD’s comment, 

we are making a technical amendment 

to 40 CFR 52.220 to correct this error by 

removing Rule 202 from the SMAQMD 

portion of the California SIP. This 

technical amendment makes no change 

to the substance of our July 20, 2011 

final action or to today’s final action to 

fully approve Rule 214 and Rule 217 

into the California SIP. 

III. EPA Action 

No comments were submitted that 

change our assessment that submitted 

Rule 214 and Rule 217 satisfy the 

applicable CAA requirements. 

Therefore, under CAA section 110(k)(3) 

and for the reasons set forth in our 

February 14, 2013 proposed rule, we are 

fully approving Rule 214 and Rule 217. 

This action incorporates the submitted 

rules into the SMAQMD portion of the 

California SIP and makes them federally 

enforceable. 

Simultaneously, we are making a 

technical amendment to 40 CFR 52.220 

to remove Rule 202 from the SIP, 

consistent with the District’s intent and 

EPA’s final rule at 76 FR 43183 (July 20, 

2011). 

IV. 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 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 final 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 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this final 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 

Air pollution control, Environmental 

protection, Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

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53272 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: April 25, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations 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. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(159)(i)(B) and 

(c)(427) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(159) * * * 

(i) * * * 

(A) * * * 

(B) Previously approved on February 

6, 1985 and now deleted without 

replacement: Rule 202. 

* * * * * 

(427) New and amended regulations 

for the following APCDs were 

submitted on September 26, 2012, by 

the Governor’s Designee. 

(i) Incorporation by Reference. 

(A) Sacramento Metropolitan Air 

Quality Management District. 

(1) Rule 214, ‘‘Federal New Source 

Review,’’ amended on August 23, 2012. 

(2) Rule 217, ‘‘Public Notice 

Requirements for Permits,’’ adopted on 

August 23, 2012. 

[FR Doc. 2013–20920 Filed 8–28–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2011–0673; FRL–9900–49– 

Region5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Michigan; Redesignation of the DetroitAnn Arbor Area to Attainment of the 

1997 Annual Standard and the 2006 

24-Hour Standard for Fine Particulate 

Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving, under the 

Clean Air Act (CAA), the state of 

Michigan’s request to redesignate the 

Detroit-Ann Arbor nonattainment area 

(Livingston, Macomb, Monroe, Oakland, 

St. Clair, Washtenaw, and Wayne 

Counties) to attainment for the 1997 

annual and 2006 24-hour national 

ambient air quality standards (NAAQS 

or standard) for fine particulate matter 

(PM2.5). On July 5, 2011, the Michigan 

Department of Environmental Quality 

(MDEQ) submitted a request for EPA to 

redesignate the Detroit-Ann Arbor 

Michigan nonattainment area. EPA 

determined that the Detroit-Ann Arbor 

area has attained the 1997 annual and 

2006 24-hour PM2.5 standard, and 

proposed on July 2, 2013, to approve 

Michigan’s request to redesignate the 

area. EPA is taking final action today on 

that proposal. EPA also is taking final 

action in this rulemaking on several 

related proposals. EPA is approving, as 

a revision to the Michigan state 

implementation plan (SIP), the state’s 

plan for maintaining the 1997 annual 

and 2006 24-hour PM2.5 NAAQS in the 

area through 2023. Finally, EPA finds 

adequate and is approving Michigan’s 

nitrogen oxides (NOX) and PM2.5 Motor 

Vehicle Emission Budgets (MVEBs) for 

2023 for the Detroit-Ann Arbor area. 

EPA, therefore, grants Michigan’s 

request to redesignate the Detroit-Ann 

Arbor area to attainment for the 1997 

annual and 2006 24-hour PM2.5

standards. 

DATES: Effective Date: This rule will be 

effective August 29, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification EPA–R05–OAR–2011– 

0673. All documents in these dockets 

are listed on the www.regulations.gov 

Web site. 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 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 

Federal holidays. We recommend that 

you telephone Carolyn Persoon at (312) 

353–8290 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Carolyn Persoon, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8290, 

persoon.carolyn@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 for the actions? 

II. What actions is EPA taking? 

III. What is EPA’s response to comments? 

IV. Why is EPA taking these actions? 

V. Final Action 

VI. Statutory and Executive Order Reviews 

I. What is the background for the 

actions? 

On July 5, 2011, MDEQ submitted its 

request to redesignate the Detroit-Ann 

Arbor nonattainment area to attainment 

for the 1997 annual and 2006 24-hour 

PM2.5 NAAQS, and for EPA approval of 

the state’s SIP revision containing a 

maintenance plan for the area. On July 

2, 2013, (78 FR 39654), EPA proposed 

approval of Michigan’s redesignation 

request and plan for maintaining the 

1997 annual and 2006 24-hour PM2.5

NAAQS. EPA also proposed approval of 

Michigan’s MVEBs for PM2.5 and NOX

for 2023 for the area. Additional 

background for today’s action is set 

forth in EPA’s July 2, 2013, proposed 

rulemaking. 

II. What actions is EPA taking? 

EPA has determined that the entire 

Detroit-Ann Arbor area is attaining the 

1997 annual and 2006 24-hour PM2.5

standards (78 FR 39654) and that the 

Detroit-Ann Arbor area has met the 

requirements for redesignation under 

section 107(d)(3)(E) of the CAA. Thus, 

EPA is approving the requests from the 

state of Michigan to change the legal 

designation of the Detroit-Ann Arbor 

area from nonattainment to attainment 

for the 1997 annual and 2006 24-hour 

PM2.5 NAAQS. EPA is also taking 

several additional actions related to 

Michigan’s PM2.5 redesignation 

requests, as discussed below. 

EPA is approving Michigan’s PM2.5

maintenance plan for the Detroit-Ann 

Arbor area as a revision to the Michigan 

SIP (such approval being one of the 

CAA criteria for redesignation to 

attainment status). The maintenance 

plan is designed to keep the Detroit-Ann 

Arbor area in attainment of the 1997 

annual and 2006 24-hour PM2.5 NAAQS 

through 2023. 

EPA also finds adequate and is 

approving Michigan’s 2023 primary 

PM2.5 and NOX MVEBs for the DetroitAnn Arbor area. These MVEBs will be 

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