56124 Federal Register / Vol. 77, No. 177 / Wednesday, September 12, 2012 / Rules and Regulations 

(i) Connector Trail from the Big 

Hollow Trailhead to the Maple Springs 

Trailhead; 

(ii) Big Hollow Trail; 

(iii) Mammoth Cave Railroad Bike & 

Hike Trail; and 

(iv) White Oak Trail. 

(2) The following are prohibited: 

(i) Possessing a bicycle on routes or 

trails not designated as open to bicycle 

use; 

(ii) Unless posted otherwise, 

operating a bicycle in excess of 15 miles 

per hour on designated routes; and 

(iii) Failing to yield the right of way 

to horses or hikers. 

(3) The Superintendent may open or 

close designated bicycle routes, or 

portions thereof, or impose conditions 

or restrictions for bicycle use after 

taking into consideration public health 

and safety, natural and cultural resource 

protection, and other management 

activities and objectives. 

(i) The Superintendent will provide 

public notice of all such actions through 

one or more of the methods listed in 

§ 1.7 of this chapter. 

(ii) Violating a closure, condition, or 

restriction is prohibited. 

Dated: August 30, 2012. 

Rachael Jacobson, 

Principal Deputy Assistant Secretary for Fish 

and Wildlife and Parks. 

[FR Doc. 2012–22438 Filed 9–11–12; 8:45 am] 

BILLING CODE 4310–T3–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2011–0826; FRL–9725–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Michigan; PSD and NSR Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving specified 

revisions to Michigan’s State 

Implementation Plan (SIP) that EPA has 

determined are consistent with the 

Federal requirements of the prevention 

of significant deterioration (PSD) 

construction permit program for the 

purpose of meeting the requirements of 

the Clean Air Act (CAA) with regard to 

new source review (NSR) in Class I 

areas attaining the National Ambient Air 

Quality Standards. 

DATES: This final rule is effective on 

October 12, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2011–0826. All 

documents in the docket are listed on 

the www.regulations.gov web site. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone 

Constantine Blathras, Environmental 

Engineer, at (312) 886–0671 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Constantine Blathras, Environmental 

Engineer, Air Permits Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–0671, 

Blathras.Constantine@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

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

EPA. This supplementary information 

section is arranged as follows: 

I. What action is EPA taking? 

II. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is approving Michigan’s request 

to revise its SIP to add rule R. 336.2816 

to be consistent with Federal PSD 

regulations in 40 CFR 51.166(p), that 

require state PSD programs to have a 

mechanism in place to coordinate and 

consult with Federal land managers of 

Class I PSD areas. On January 9, 2008, 

EPA proposed to disapprove R. 

336.2816 from Michigan’s SIP submittal 

because it did not provide for such a 

mechanism. Michigan has now revised 

R. 336.2816 to be consistent with the 

Federal requirement. 

On March 25, 2010, EPA published a 

direct final approval to convert a 

conditional approval of the Michigan 

PSD SIP to full approval under section 

110 of the CAA. In that action, EPA 

stated that we would be taking a 

separate action on rule R. 336.2816(2) 

through (4), (requirements relating to 

Class I areas). Michigan has now revised 

R. 336.2816 to be consistent with the 

Federal requirement. 

EPA is not acting on Michigan’s 

request to revise its SIP by adding a 

significance level for particulate matter 

less than 2.5 microns (PM2.5). EPA has 

established a significance threshold to 

limit the applicability of PSD and NSR 

regulations to sources with emissions 

above the significance level. To be 

consistent with the Federal 

requirements, Michigan amended R. 

336.2801 and R. 336.2901 to add the 

significance threshold for PM2.5. 

Because Michigan is planning to submit 

additional state rules as revisions to its 

SIP for precursors of PM2.5, EPA will 

defer action on this matter. 

II. 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. This action merely approves 

state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 


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Federal Register / Vol. 77, No. 177 / Wednesday, September 12, 2012 / Rules and Regulations 56125 

• 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. 

In May 2011, EPA issued its policy on 

consultation and coordination with 

Indian tribes. EPA explained that its 

policy is to consult on a government to 

government basis with Federally 

recognized tribal governments when 

EPA actions and decisions may affect 

tribal interests. Accordingly, EPA sent 

an invitation to consult with potentially 

interested tribes, and subsequently 

engaged in consultation with 

representatives of the Forest County 

Potawatomi Community (FCPC) 

regarding the Michigan proposed SIP 

revisions. 

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 November 13, 2012. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 29, 2012. 

Susan Hedman, 

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. 

■ 2. In § 52.1170, the table in paragraph 

(c) entitled ‘‘EPA—Approved Michigan 

Regulations’’ is amended by adding a 

new entry in numerical order for Part 18 

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 18. Prevention of Significant Deterioration of Air Quality 

*******

R 336.2816 ....... Sources impacting federal class I areas; 

additional requirements.

June 30, 2011 .. September 12, 2012, [Insert page number 

where the document begins].

* * * * * * * 

* * * * * 

[FR Doc. 2012–22328 Filed 9–11–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0958; FRL–9725–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Amendments to West 

Virginia’s Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the State 

Implementation Plan (SIP) revision 

submitted by the State of West Virginia 

(West Virginia) on July 8, 2011. This 

revision pertains to amendments of 

West Virginia’s Legislative Rule 

regarding ambient air quality standards 

(45 CSR 8—Ambient Air Quality 

Standards). These amendments 

incorporate by reference the National 

Ambient Air Quality Standards 

(NAAQS) in effect on June 1, 2010 for 

sulfur dioxide (SO2), particulate matter 

(PM), carbon monoxide (CO), ozone, 

nitrogen dioxide (NO2), and lead. This 

action is being taken under the Clean 

Air Act (CAA). 

DATES: This final rule is effective on 

October 12, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0958. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

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 electronically through 

www.regulations.gov or in hard copy for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

Asrah Khadr, (215) 814–2071, or by 

email at khadr.asrah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 22, 2012, EPA published 

a notice of proposed rulemaking (NPR) 

for West Virginia. 77 FR 10423. The 


srobinson on DSK4SPTVN1PROD with RULES