Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Rules and Regulations 52399 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zone on the waters of Sister 

Bay in Sister Bay, WI for the Sister Bay 

Marinafest Fireworks. This zone will be 

enforced from 8:15 p.m. until 10 p.m. on 

each day of September 5 and 6, 2015. 

This action is necessary and intended to 

ensure safety of life on navigable waters 

immediately prior to, during, and 

immediately after the fireworks display. 

During the aforementioned period, the 

Coast Guard will enforce restrictions 

upon, and control movement of, vessels 

in the safety zone. No person or vessel 

may enter the safety zone while it is 

being enforced without permission of 

the Captain of the Port Lake Michigan 

or a designated representative. 

DATES: The regulations in 33 CFR 

165.929 will be enforced for safety zone 

(f)(15), Table 165.929, from 8:15 p.m. 

until 10 p.m. on each day of September 

5 and 6, 2015. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this document, 

call or email MST1 Joseph McCollum, 

Prevention Department, Coast Guard 

Sector Lake Michigan, Milwaukee, WI at 

(414) 747–7148, email 

joseph.p.mccollum@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Sister Bay 

Marinafest Fireworks safety zone listed 

as item (f)(15) in Table 165.929 of 33 

CFR 165.929. Section 165.929 lists 

many annual events requiring safety 

zones in the Captain of the Port Lake 

Michigan zone. This safety zone will 

encompass all waters of Sister Bay 

within an 800-foot radius of the launch 

vessel in approximate position 

45°11.585′ N., 087°07.392′ W. (NAD 83). 

This zone will be enforced from 8:15 

p.m. until 10 p.m. on each day of 

September 5 and 6, 2015. 

All vessels must obtain permission 

from the Captain of the Port Lake 

Michigan or the on-scene representative 

to enter, move within, or exit the safety 

zone. Requests must be made in 

advance and approved by the Captain of 

the Port before transits will be 

authorized. Approvals will be granted 

on a case by case basis. Vessels and 

persons granted permission to enter the 

safety zone must obey all lawful orders 

or directions of the Captain of the Port 

Lake Michigan or a designated 

representative. 

This document is issued under 

authority of 33 CFR 165.929, Safety 

Zones; Annual events requiring safety 

zones in the Captain of the Port Lake 

Michigan zone, and 5 U.S.C. 552(a). In 

addition to this publication in the 

Federal Register, the Coast Guard will 

provide the maritime community with 

advance notification for the enforcement 

of this zone via Broadcast Notice to 

Mariners or Local Notice to Mariners. 

The Captain of the Port Lake Michigan 

or an on-scene representative may be 

contacted via Channel 16, VHF–FM. 

Dated: August 14, 2015. 

A.B. Cocanour, 

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

Port Lake Michigan. 

[FR Doc. 2015–21524 Filed 8–28–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2014–0657; FRL–9933– 

11—Region 5] 

Air Plan Approval; Michigan; Michigan 

State Board Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to its authority 

under the Clean Air Act (CAA), EPA is 

taking final action to approve a state 

implementation plan (SIP) submission 

made by the Michigan Department of 

Environmental Quality (MDEQ) 

intended to meet the state board 

requirements under section 128 of the 

CAA. The proposed rule associated with 

this final action was published on June 

24, 2015. 

DATES: This final rule is effective on 

September 30, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2014–0657. 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., Confidential Business Information 

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 Sarah Arra 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), 

U.S. 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 for this action? 

II. What action is EPA taking? 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

Under section 128 of the CAA, each 

SIP must contain provisions that 

address two requirements: (i) 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 (ii) 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. To comply with this statutory 

provision, MDEQ submitted rules from 

the Civil Service Rule at 2–8.3(a)(1) for 

incorporation into the SIP, pursuant to 

section 128 of the CAA. EPA’s June 24, 

2015, proposed rulemaking (see 80 FR 

36306 at 36312) details how these rules 

satisfy the applicable requirements of 

section 128. EPA did not receive any 

comments regarding its proposal to 

approve Michigan’s state board 

provisions. 

II. What action is EPA taking? 

For the reasons discussed in our June 

24, 2015, proposed rulemaking, EPA is 

taking final action to approve MDEQ’s 

submissions addressing the state board 

requirements under section 128 of the 

CAA. The specific rule that we are 

approving as satisfying these 

requirements is Civil Service Rule at 

2–8.3(a)(1). It should be noted that our 

June 24, 2015, rulemaking contained 

proposed actions for various additional 

MDEQ submissions. This final 

rulemaking, however, is limited only to 

the state board requirements under 

section 128 of the CAA. 

III. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 


rmajette on DSK7SPTVN1PROD with RULES
52400 Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Rules and Regulations 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Michigan 

Regulations described in the 

amendments to 40 CFR part 52 set forth 

below. EPA has made, and will continue 

to make, these documents generally 

available electronically through 

www.regulations.gov and/or in hard 

copy at the appropriate EPA office (see 

the ADDRESSES section of this preamble 

for more information). 

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 October 30, 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. 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, 

Reporting and recordkeeping 

requirements. 

Dated: August 19, 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 

(c) is amended by adding a new entry 

at the end of the section entitled ‘‘State 

Statutes’’ to read as follows: 

§ 52.1170 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MICHIGAN REGULATIONS

Michigan citation Title State effective 

date EPA approval date Comments 

*******

State Statutes 

*******

Michigan Civil Service Commission 

Rule 2–8.3(a)(1).

Disclosures ....................................... 10/1/2013 8/31/2015 [insert Federal Register 

citation] 

* * * * * * * 


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Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Rules and Regulations 52401 

* * * * * 

[FR Doc. 2015–21426 Filed 8–28–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2013–0616; FRL–9931–35– 

Region–6] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Revisions to the New Source Review 

(NSR) State Implementation Plan (SIP) 

for Albuquerque-Bernalillo County; 

Prevention of Significant Deterioration 

(PSD) Permitting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving two 

revisions to the New Mexico State 

Implementation Plan (SIP) to update the 

Albuquerque-Bernalillo County 

Prevention of Significant Deterioration 

(PSD) SIP permitting program consistent 

with federal requirements. New Mexico 

submitted the Albuquerque-Bernalillo 

County PSD SIP permitting revisions on 

July 26, 2013, and June 11, 2015, which 

includes a request for parallel 

processing of the submitted 2015 

revisions. These submittals contain 

revisions to address the requirements of 

the EPA’s May 2008, July 2010, and 

October 2012 PM2.5 PSD 

Implementation Rules and to 

incorporate revisions consistent with 

the EPA’s March 2011 Fugitives Interim 

Rule, July 2011 Greenhouse Gas (GHG) 

Biomass Deferral Rule, and July 2012 

GHG Tailoring Rule Step 3 and GHG 

PALs Rule. The EPA finds that these 

revisions to the New Mexico SIP meet 

the Federal Clean Air Act (the Act or 

CAA) and EPA regulations, and are 

consistent with EPA policies. We are 

taking this action under section 110 and 

part C of title I of the Act. The EPA is 

not approving these rules within the 

exterior boundaries of a reservation or 

other areas within any Tribal Nation’s 

jurisdiction. 

DATES: This final rule is effective on 

September 30, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2013–0616. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

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 through http://

www.regulations.gov or in hard copy at 

the EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733. 

FOR FURTHER INFORMATION CONTACT: 

Ashley Mohr, 214–665–7289, 

mohr.ashley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

The background for today’s action is 

discussed in detail in our May 20, 2015 

proposal (80 FR 28901). In that notice, 

we proposed to approve portions of SIP 

submittals for the State of New Mexico 

submitted on July 26, 2013, and March 

4, 2015, that contained revisions to the 

Albuquerque-Bernalillo County PSD 

program. The March 4, 2015 submittal 

included a request for parallel 

processing of the submitted 2015 

revisions, meaning that the EPA 

proposed approval of a rule that was not 

yet finalized at the local level. Our May 

20, 2015 proposed approval and 

accompanying Technical Support 

Document (TSD) provided the EPA’s 

evaluation of the March 4, 2015 

revisions to the New Mexico SIP. We 

preliminarily determined that the 

revisions were consistent with the CAA 

and the EPA’s regulations and guidance. 

As such, we proposed approval of the 

SIP revisions contained in the March 4, 

2015 submittal. 

Under the EPA’s ‘‘parallel processing’’ 

procedure, the EPA proposes a 

rulemaking action on proposed SIP 

revisions concurrently with the State or 

Local Agency’s public review process. If 

the proposed SIP revision is not 

significantly or substantively changed, 

the EPA will finalize the rulemaking on 

the SIP revision as proposed after 

responding to any submitted comments. 

Final rulemaking action by the EPA will 

occur only after the final SIP revision 

has been fully adopted by the State or 

Local Agency and submitted formally to 

the EPA for approval as a SIP revision. 

See 40 CFR part 51, Appendix V. 

The City of Albuquerque-Bernalillo 

County completed their rulemaking 

process, and the Albuquerque-Bernalillo 

County Air Quality Control Board 

adopted revisions to the PSD program 

on April 30, 2015. These adopted 

changes were submitted as a revision to 

the New Mexico SIP on June 11, 2015. 

The EPA has evaluated the final SIP 

revision submittal for any changes made 

from the time of proposal. See 

‘‘Addendum to the TSD’’ for EPA–R06– 

OAR–2013–0616, available in the 

rulemaking docket. Our evaluation 

indicates that adopted changes to the 

Albuquerque-Bernalillo County PSD 

program are the same as the revisions 

that we proposed to approve; and 

therefore, do not alter our rationale 

presented in the May 20, 2015 proposed 

approval. As such, the EPA is 

proceeding with our final approval of 

the revisions to the New Mexico SIP, 

consistent with the parallel processing 

provisions in 40 CFR part 51, Appendix 

V. 

This action to approve the 

aforementioned revisions to the New 

Mexico SIP is being taken under section 

110 of the Act. We did not receive any 

comments regarding our proposal. 

II. Final Action 

The EPA is approving revisions to the 

Albuquerque-Bernalillo County PSD 

program that were submitted by New 

Mexico as a SIP revision on July 26, 

2013, and June 11, 2015. We are 

approving the portions of the July 26, 

2013, and June 11, 2015 submittals that 

revised the following sections under 

20.11.61: 

• 20.11.61.2 NMAC—Scope, 

• 20.11.61.5 NMAC—Effective Date, 

• 20.11.61.6 NMAC—Objective, 

• 20.11.61.7 NMAC—Definitions, 

• 20.11.61.10 NMAC—Documents, 

• 20.11.61.11 NMAC—Applicability, 

• 20.11.61.12 NMAC—Obligations of 

Owners or Operators of Sources, 

• 20.11.61.14 NMAC—Control 

Technology Review and Innovative 

Control Technology, 

• 20.11.61.15 NMAC—Ambient 

Impact Requirements, 

• 20.11.61.18 NMAC—Air Quality 

Analysis and Monitoring Requirements, 

• 20.11.61.20 NMAC—Actuals 

Plantwide Applicability Limits (PALs), 

• 20.11.61.23 NMAC—Exclusions 

from Increment Consumption, 

• 20.11.61.24 NMAC—Sources 

Impacting Federal Class I Areas— 

Additional Requirements, 

• 20.11.61.27 NMAC—Table 2— 

Significant Emission Rates, 

• 20.11.61.29 NMAC—Table 4— 

Allowable PSD Increments, and 

• 20.11.61.30 NMAC—Table 5— 

Maximum Allowable Increases for Class 

I Variances. 

The EPA has determined that these 

revisions to the New Mexico SIP’s 

Albuquerque-Bernalillo County PSD 

program are approvable because the 

submitted rules are adopted and 

submitted in accordance with the CAA 


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