44482 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Rules and Regulations 

Dated: August 28, 2018. 

S.E. Anderson, 

Captain, U.S. Coast Guard, Captain of the 

Port Delaware Bay. 

[FR Doc. 2018–18936 Filed 8–30–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2018–0764] 

Safety Zone; Annual Swim for Alligator 

Reef Lighthouse, Islamorada, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the temporary safety zone for the 6th 

Annual Swim for Alligator Reef 

Lighthouse, Islamorada, Florida from 

6:30 a.m. until 4:30 p.m. on September 

15, 2018. Our regulation for Recurring 

Safety Zones in Captain of the Port Key 

West Zone identifies the regulated area 

for this event. This action is necessary 

to ensure the safety of event participants 

and spectators. During the enforcement 

period, no person or vessel may enter, 

transit through, anchor in, or remain 

within the regulated area without 

approval from the Captain of the Port 

Key West or a designated representative. 

DATES: The regulations in 33 CFR 

165.786, Table to § 165.786, Line No. 9.1 

will be enforced from 6:30 a.m. until 

4:30 p.m. on September 15, 2018. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email Gregory Bergstrom, Sector Key 

West Waterways Management 

Department, Coast Guard; telephone 

(305) 292–8772; email 

Greg.C.Bergstrom@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zones in 

33 CFR 165.786, Table to § 165.786, 

Line No. 9.1, from 6:30 a.m. until 4:30 

p.m. on September 15, 2018, for the 

annual Swim for Alligator Reef 

Lighthouse in Islamorada, Florida. Our 

regulation for Recurring Safety Zones in 

Captain of the Port Key West Zone, 

§ 165.786, Line No. 9.1, specifies the 

location of the regulated area as all 

within 50 yards in front of the lead 

safety vessel preceding the first event 

participants, 50 yards behind the safety 

vessel trailing the last event 

participants, and at all times extend 100 

yards on either side of the safety vessels. 

This action prevents vessels from 

transiting areas specifically designated 

as safety zones during the periods of 

enforcement. During the enforcement 

period, no person or vessel may enter, 

transit through, anchor within, or 

remain within the established regulated 

areas without approval from the Captain 

of the Port Key West or designated 

representative. The Coast Guard may be 

assisted by other Federal, State, or local 

law enforcement agencies in enforcing 

this regulation. 

The Coast Guard will provide notice 

of the regulated area by Local Notice to 

Mariners and Broadcast Notice to 

Mariners. If the Captain of the Port Key 

West determines that the regulated area 

need not be enforced for the full 

duration stated in this publication, he or 

she may use a Broadcast Notice to 

Mariners to grant general permission to 

enter the regulated area. 

Dated: August 27, 2018. 

F.S. Rego, 

Captain, U.S. Coast Guard, Captain of the 

Port Key West. 

[FR Doc. 2018–18931 Filed 8–30–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Part 200 

RIN 1810–AB43 and 1810–AB44 

Outdated or Superseded Regulations: 

Title I, Parts A Through C; Christa 

McAuliffe Fellowship Program; and 

Empowerment Zone or Enterprise 

Community—Priority; Correction 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education. 

ACTION: Correcting amendment. 

SUMMARY: On August 22, 2018, the 

Secretary published a final rule 

amending the Code of Federal 

Regulations (CFR) by removing outdated 

or superseded regulations, which are no 

longer needed for the reasons discussed 

in the rule. There was a clerical error in 

one of the amendments that prevented 

two CFR sections from being removed. 

This document corrects that error. 

DATES: This correction is effective 

August 31, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Anna Lieth, U.S. Department of 

Education, 400 Maryland Avenue SW, 

Room 3W337, Washington, DC 20202. 

Telephone: (202) 453–5682. Email: 

Anna.Lieth@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: The 

Department is correcting a clerical error 

in an amendment in FR Rule Doc. No. 

2018–17480, which published on 

August 22, 2018, at 83 FR 42440. The 

rule removed outdated or superseded 

regulations in 34 CFR parts 200, 237, 

and 299. One of the amendments to part 

200 intended to remove §§ 200.55 

through 200.57. The heading to the 

amendment reflected that section span 

but its corresponding instruction 

(instruction 8) directed the removal of 

§ 200.57 only. This document correctly 

removes §§ 200.55 and 200.56 as 

originally intended in the August 22, 

2018, rule. 

List of Subjects in 34 CFR Part 200 

Education of disadvantaged, 

Elementary and secondary education, 

Grant programs-education, Indianseducation, Infants and children, 

Juvenile delinquency, Migrant labor, 

Private schools, Reporting and 

recordkeeping requirements. 

Dated: August 28, 2018. 

Frank Brogan, 

Assistant Secretary for Elementary and 

Secondary Education. 

For reasons discussed in the 

preamble, the Secretary correctly 

amends 34 CFR part 200 as follows: 

PART 200—TITLE I—IMPROVING THE 

ACADEMIC ACHIEVEMENT OF THE 

DISADVANTAGED 

■ 1. The authority citation for part 200 

continues to read as follows: 

Authority: 20 U.S.C. 6301 through 6576, 

unless otherwise noted. 

§§ 200.55 and 200.56 [Removed and 

Reserved] 

■ 2. Remove and reserve §§ 200.55 and 

200.56. 

[FR Doc. 2018–18960 Filed 8–30–18; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2017–0441; FRL–9983– 

07—Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Infrastructure Requirements 

for the 2012 Fine Particulate Matter 

National Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 


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Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Rules and Regulations 44483 

1 In EPA’s 2012 PM2.5 NAAQS revision, EPA left 

unchanged the existing welfare (secondary) 

standards for PM2.5 to address particulate matter 

(PM) related effects such as visibility impairment, 

ecological effects, damage to materials, and climate 

impacts. This includes a secondary annual standard 

of 15 mg/m3 and a 24-hour standard of 35 mg/m3. 

2 ‘‘Guidance on Infrastructure State 

Implementation Plan (SIP) Elements under Clean 

Air Act Sections 110(a)(1) and 110(a)(2),’’ 

Memorandum from Stephen D. Page, September 13, 

2013. 

3As stated above, Maryland’s infrastructure SIP 

submittal did not address the portion of CAA 

section 110(a)(2)(C) pertaining to the NNSR 

permitting program nor CAA section 110(a)(2)(I) 

pertaining to the nonattainment requirements of 

part D, title I of the CAA. According to the 2013 

Infrastructure Guidance, the NNSR permitting 

program requirement of section 110(a)(2)(C) is to be 

addressed in a different SIP and therefore does not 

need to be addressed in this SIP revision. Section 

110(a)(2)(I) is not required to be submitted by the 

3-year submission deadline of CAA section 

Continued 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

submission from Maryland addressing 

the infrastructure requirements of 

section 110 of the Clean Air Act (CAA) 

for the 2012 annual fine particulate 

matter (PM2.5) National Ambient Air 

Quality Standard (NAAQS or standard). 

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. EPA is approving Maryland’s 

submittal addressing the infrastructure 

requirements for the 2012 PM2.5 NAAQS 

in accordance with the requirements of 

section 110 of the CAA. 

DATES: This final rule is effective on 

October 1, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2017–0441. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

(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 through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: Sara 

Calcinore, (215) 814 2043, or by email 

at calcinore.sara@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Particle pollution, also referred to as 

particulate matter (PM), is a complex 

mixture of small particles and liquid 

droplets suspended in the air, which 

causes adverse health effects and is the 

leading cause of visibility impairment in 

the United States. Particles with a 

diameter equal to or less than 2.5 

microns, referred to as fine particulate 

matter or PM2.5, are either emitted 

directly into the atmosphere or are 

formed from the chemical reactions of 

precursor gases, such as sulfur dioxide 

(SO2), nitrogen oxides (NOX), certain 

volatile organic compounds (VOCs), and 

ammonia, in the atmosphere. SO2 and 

NOX are the primary precursors for the 

formation of PM2.5 and are emitted 

primarily from point sources as well as 

nonpoint, onroad, and nonroad sources. 

On July 18, 1997, EPA promulgated a 

new 24-hour and a new annual NAAQS 

for PM2.5 (62 FR 38652). On October 17, 

2006, EPA revised the NAAQS for 

PM2.5, tightening the 24-hour PM2.5

standard from 65 micrograms per cubic 

meter (mg/m3) to 35 mg/m3, and retaining 

the annual PM2.5 NAAQS at 15 mg/m3

(71 FR 61144). Subsequently, on 

December 14, 2012, EPA revised the 

level of the health based (primary) 

annual PM2.5 NAAQS to 12 mg/m3. See 

78 FR 3086 (January 15, 2013).1

Pursuant to section 110(a)(1), states 

must submit ‘‘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),’’ a 

plan that provides for the 

‘‘implementation, maintenance, and 

enforcement’’ of such NAAQS. The 

statute directly imposes on states the 

duty to make these SIP submissions and 

the requirements 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. EPA 

commonly refers to such state plans as 

‘‘infrastructure SIPs.’’ 

II. Summary of SIP Revision and EPA 

Analysis 

On August 18, 2016, the State of 

Maryland, through the Maryland 

Department of the Environment (MDE), 

formally submitted a SIP revision (SIP 

#16–12) in order to satisfy the 

requirements of section 110(a) of the 

CAA for the 2012 PM2.5 NAAQS. The 

SIP submittal addressed the following 

infrastructure elements for the 2012 

PM2.5 NAAQS: CAA section 

110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II), 

D(ii), (E), (F), (G), (H), (J), (K), (L), and 

(M). 

Maryland’s infrastructure SIP 

submittal did not address the following 

two elements of CAA section 110(a)(2): 

The portion of section 110(a)(2)(C) 

pertaining to permit programs, known 

as nonattainment new source review 

(NNSR), under part D of the CAA, and 

section 110(a)(2)(I), referred to as 

‘‘element (I),’’ pertaining to the 

nonattainment requirements of part D, 

title I of the CAA. According to the EPA 

guidance issued on September 13, 2013 

(2013 Infrastructure Guidance),2 the 

NNSR permitting program requirement 

of section 110(a)(2)(C) is to be addressed 

in a different SIP, and therefore does not 

need to be addressed in this SIP 

revision. Section 110(a)(2)(I) is not 

required to be submitted by the 3-year 

submission deadline of CAA section 

110(a)(1) and will be addressed in a 

separate process if necessary. 

On July 5, 2018 (83 FR 31352), EPA 

published a notice of proposed 

rulemaking (NPR) for Maryland. In the 

NPR, EPA proposed approval of 

Maryland’s August 18, 2016 

infrastructure SIP submittal for the 2012 

PM2.5 NAAQS. A detailed summary of 

EPA’s review and rationale for 

approving Maryland’s submittal may be 

found in the Technical Support 

Document (TSD) for this rulemaking 

action, which is available online at 

www.regulations.gov, Docket ID Number 

EPA–R03–OAR–2017–0441. 

III. Public Comments and EPA 

Response 

EPA received a total of three 

comments on the July 5, 2018 NPR. Two 

of the comments did not concern any of 

the specific issues raised in the NPR, 

nor did they address EPA’s rationale for 

the proposed approval of MDE’s 

submittal. Therefore, EPA is not 

responding to those comments. EPA 

also received a comment that was 

supportive of EPA’s proposed approval 

of Maryland’s August 18, 2016 

infrastructure SIP submittal for the 2012 

PM2.5 NAAQS. All of the comments 

received are included in the docket for 

this action, available online at 

www.regulations.gov, Docket ID: EPA– 

R03–OAR–2017–0441. 

IV. Final Action 

EPA’s review of Maryland’s August 

18, 2016 infrastructure SIP submittal for 

the 2012 PM2.5 NAAQS indicates that 

MDE’s August 18, 2016 submittal 

satisfies the infrastructure requirements 

of CAA section 110(a) for the 2012 PM2.5

NAAQS.3 EPA is approving Maryland’s 


daltland on DSKBBV9HB2PROD with RULES
44484 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Rules and Regulations 

110(a)(1) and will be addressed in a separate 

process if necessary. 

August 18, 2016 infrastructure SIP 

submittal for the 2012 PM2.5 NAAQS as 

a revision to the Maryland SIP. 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

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); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because 

SIP approvals are exempted under 

Executive Order 12866. 

• 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 CAA; 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. 

B. Submission to Congress and the 

Comptroller General 

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). 

C. Petitions for Judicial Review 

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 October 30, 2018. 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. This action 

approving Maryland’s August 18, 2016 

infrastructure SIP submittal for the 2012 

PM2.5 NAAQS 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, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 21, 2018. 

Cecil Rodrigues, 

Acting Regional Administrator, Region III. 

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. 

Subpart V—Maryland 

■ 2. In § 52.1070, the table in paragraph 

(e) is amended by adding an entry for 

‘‘Section 110(a)(2) Infrastructure 

Requirements for the 2012 PM2.5

NAAQS’’ at the end of the table to read 

as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(e) * * * 

Name of 

non-regulatory 

SIP revision 

Applicable 

geographic 

area 

State 

submittal 

date 

EPA approval date Additional explanation 

*******

Section 110(a)(2) Infrastructure Requirements for the 

2012 PM2.5

NAAQS.

Statewide ....... 8/18/2018 8/31/2018, [Insert 

Federal Register 

citation].

This action addresses the following CAA elements: 

110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II), D(ii), (E), (F), (G), 

(H), (J), (K), (L), and (M). This action does not address the 

portion of CAA section 110(a)(2)(C) related to NNSR nor 

CAA section 110(a)(2)(I). 


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Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Rules and Regulations 44485 

[FR Doc. 2018–18854 Filed 8–30–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2007–1092; FRL–9982– 

97—Region 5] 

Air Plan Approval; Michigan; Minor 

New Source Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving certain 

changes to the Michigan State 

Implementation Plan (SIP). This action 

relates to changes to the Permit To 

Install (PTI) requirements of Part 2 of 

the Michigan Administrative Code (Part 

2 Rules). Changes to the Part 2 Rules 

were submitted on November 12, 1993; 

May 16, 1996; April 3, 1998; September 

2, 2003; March 24, 2009; and February 

28, 2017. 

DATES: This final rule is effective on 

October 1, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2007–1092. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(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 through 

www.regulations.gov or 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 Rachel 

Rineheart, Environmental Engineer, at 

(312) 886–7017 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Rineheart, Environmental 

Engineer, Air Permits Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–7017, 

rineheart.rachel@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 our response to comments 

received on the proposed rulemaking? 

III. What action is EPA taking? 

IV. Incorporation by Reference. 

V. Statutory and Executive Order Reviews. 

I. What is the background of these SIP 

submissions? 

A. What state submissions does this 

rulemaking address? 

The State of Michigan’s minor source 

PTI rules are contained in Part 2 of the 

Michigan Administrative Code. EPA last 

approved changes to the Part 2 rules in 

1982. The Michigan Department of 

Environmental Quality (MDEQ) has 

submitted several Part 2 revision 

packages since that time; however, EPA 

has not taken a final action on any of the 

submittals. The following table provides 

a summary of the various state 

submittals with the most recent version 

of each section of the Michigan Rule 

highlighted in bold. 

Submittal State effective 

date Submittal date Rules submitted 336.1xxx 

1 ................................ 04/20/1989 11/12/1993 240, 241. 

04/17/1992 ........................ 201, 283. 

11/18/1993 ........................ 278, 279, 280, 281, 282, 284, 285, 286, 287, 288, 289, 290. 

2 ................................ 07/26/1995 05/16/1996 201, 205, 208 (rescinded), 209, 219, 278, 279, 280, 281, 282, 283, 284, 285, 286, 

287, 288, 289, 290. 

3 ................................ 12/12/1996 04/03/1998 201a, 205. 

4 ................................ 06/13/1997 08/20/1998 278, 283, 284, 285, 286, 287, 290. 

5 ................................ 07/01/2003 09/02/2003 201, 201a, 202, 203, 204, 205, 206, 207, 212, 216, 219, 240, 241, 278, 278a, 279 

(rescinded), 281, 282, 284, 285, 287, 289, 299. 

6 ................................ 06/20/2008 03/24/2009 201, 202, 205, 207, 219, 240, 241, 278, 281, 284, 285, 288, 299. 

7 ................................ 12/20/2016 2/21/2017 278a, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290. 

EPA published a proposed approval 

of all changes, except the public notice 

procedures in Michigan R. 336.1205, on 

August 15, 2017 (82 FR 38651), with a 

30-day public comment period. EPA 

reopened the comment period twice due 

to missing files in the docket on 

regulations.gov. The comment period 

was reopened for an additional 30 days 

on November 2, 2017 (82 FR 50853), 

and an additional 15 days on January 9, 

2018 (83 FR 1003). EPA is taking no 

action on Michigan R. 336.1205 at this 

time. 

B. Why did the state make these SIP 

submissions? 

Section 110(a)(2)(C) of Clean Air Act 

(the Act) requires that each SIP include 

a program to provide for the regulation 

of construction and modification of 

stationary sources as necessary to assure 

that the National Ambient Air Quality 

Standards (NAAQS) are achieved. 

Specific elements for an approvable 

construction permitting plan are found 

in the implementing regulations at 40 

CFR part 51, subpart I—Review of New 

Sources and Modifications. 

Requirements relevant to minor 

construction programs are 40 CFR 

51.160–51.164. EPA regulations have 

few specific criteria for state minor new 

source review (NSR) programs. 

Generally, state programs must set forth 

legally enforceable procedures that 

allow the state to prevent any planned 

construction activity that would result 

in a violation of the state’s SIP or a 

national standard. 

The revisions to Part 2 submitted by 

MDEQ are largely provisions that 

strengthen the already approved minor 

NSR program adding greater detail with 

respect to applicability, required 

application material, and processing of 

applications; however, the revisions do 

include changes to waiver provisions 


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