Federal Register / Vol. 78, No. 25 / Wednesday, February 6, 2013 / Proposed Rules 8485 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Subject to Executive Order 13175 (65 

FR 67249, November 9, 2000), EPA may 

not issue a regulation that has tribal 

implication, that imposes substantial 

direct compliance costs, and that is not 

required by statute, unless the Federal 

government provides the funds 

necessary to pay the direct compliance 

costs incurred by tribal governments, or 

EPA consults with tribal officials early 

in the process of developing the 

proposed regulation and develops a 

tribal summary impact statement. 

EPA has concluded that this action, in 

conjunction with the FIP promulgation, 

may have tribal implications. For 

example, although the FIP does not 

apply to sources in Indian country, 

controls and emission reductions arising 

from the program may affect Indian 

country or other tribal interests. 

However, the regulations arising under 

that action, and the SIP disapproval 

being addressed here, will neither 

impose substantial direct compliance 

costs on tribal governments, nor 

preempt Tribal law. 

EPA initiated consultation with Tribal 

officials early in the process of 

developing this regulation to permit 

them to have meaningful and timely 

input into its development. EPA sent an 

invitation to consult to each Region 5 

Tribe on August 15, 2012, along with a 

copy of the proposed taconite FIP 

Federal Register notice. Conference 

calls were held on the taconite FIP 

proposal on August 22, 2012 and 

September 12, 2012 to provide all 

Region 5 Tribes with more information 

on the proposed rulemaking and an 

opportunity to ask questions of EPA 

technical staff and request formal 

individual consultation if desired. Four 

Region 5 Tribes participated in the 

August 22, 2012 call. Two Region 5 

Tribes participated in the September 12, 

2012 discussion. One Region 5 Tribe 

provided verbal testimony at the public 

hearing held on the proposed taconite 

FIP rulemaking on August 29, 2012. One 

Region 5 Tribal Chair expressed 

appreciation for the consultation 

discussions held with the Tribes and 

gratitude for EPA’s careful consideration 

of the regional haze situation in 

northeast Minnesota. 

Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

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 solicits 

comment on a proposal to disapprove a 

state rule. 

Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Because it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 or a ‘‘significant energy 

action,’’ 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). 

National Technology Transfer 

Advancement Act 

In reviewing state 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 state submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a state 

submission, to use VCS in place of a 

state 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. 

Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA lacks the discretionary authority 

to address environmental justice in this 

proposed action. In reviewing SIP 

submissions, EPA’s role is to approve or 

disapprove state choices, based on the 

criteria of the Clean Air Act. 

Accordingly, this action merely 

proposes to disapprove certain state 

requirements for inclusion into the SIP 

under section 110 and subchapter I, part 

D of the Clean Air Act and will not inand-of itself create any new 

requirements. Accordingly, it 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. 

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. 

Dated: January 11, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2013–01463 Filed 2–5–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0566; FRL–9776–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Michigan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the State of Michigan’s New 

Source Review (NSR) State 

Implementation Plan (SIP) including 

their revised Part 2 NSR permitting 

rules, and the addition of their Part 19 

rules revising Michigan’s NSR rules for 

major sources in nonattainment areas to 

include the Federal NSR reform rules, 

and other revisions that are affected by 

the Federal NSR rules. The Michigan 

Department of Environmental Quality 

(MDEQ) submitted these revisions to 

EPA on March 24, 2009. 

DATES: Comments must be received on 

or before March 8, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2010–0566, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: damico.genevieve@epa.gov. 

3. Fax: (312) 886–0968. 

4. Mail: Genevieve Damico, Chief, Air 

Permits Section, Air Programs Branch 

(AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Genevieve Damico, 

Chief, Air Permits Section, Air Programs 

Branch (AR–18J), U.S. Environmental 


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8486 Federal Register / Vol. 78, No. 25 / Wednesday, February 6, 2013 / Proposed Rules 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such 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–2010– 

0566. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The 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 email 

comment directly to EPA without going 

through www.regulations.gov your email 

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, any form of 

encryption, and be free of any defects or 

viruses. For additional instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of this document. 

Docket: 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., 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 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, 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 should I consider as I prepare my 

comments for EPA? 

II. What action is EPA taking? 

III. Statutory and Executive Order Reviews 

I. What should I consider as I prepare 

my comments for EPA? 

When submitting comments, 

remember to: 

1. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

2. Follow directions—EPA may ask 

you to respond to specific questions or 

organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

3. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

4. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

5. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

6. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

7. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

8. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. What action is EPA taking? 

EPA is proposing to approve the 

following Michigan air pollution control 

rules as a revision to its SIP. On March 

24, 2009, Michigan submitted the 

following rule revision packages to EPA 

for approval: (1) Part 1, general 

provisions. Revisions include 

amendments to R336.1102 to R336.1105 

(including R336.1103 and R.336.1104) 

(definitions; B, C, D, E), R336.1109 

(definitions, I), R336.1112 to R336.1114 

(including R226.1113) (definitions; L, 

M, N), and R336.1122 (definitions; V). 

These revisions were made to modify 

the definitions that impact the new NSR 

permitting rules in Part 19 as well as 

modify the definition of volatile organic 

compound. (2) Part 2, Air Use Approval. 

Revisions include amendments to 

R36.1201 (Permits to install), R336.1202 

(Waivers of approval), R336.1205 

(Permit to install; approval), R3336.1207 

(Denial of permits to install), R336.1219 

(Amendments for change of ownership 

or operational control), R336.1240 

(Required air quality models), 

R336.1241 (Air quality modeling 

demonstration requirements), 

R336.1278 (Exclusion from exemption), 

R.336.1281 (Permit to install 

exemptions; cleaning, washing, and 

drying equipment), R336.1284 (Permit 

to install exemption; containers), 

R3361285 (Permit to install exemptions; 

miscellaneous), R3361288 (Permit to 

install exemptions; oil and gas 

processing equipment), and R336.1299 

(Adoption of standards by reference). In 

addition, all relevant citations in the 

Part 2 rules have been changed to reflect 

Michigan’s new permitting authority in 

the new Part 18 and 19 rules. (3) For 

Part 19, NSR for Major Sources 

Impacting Nonattainment Areas, these 

revisions include R336.2901 

(Definitions), R336.2901a (Adoption by 

reference), R336.2902 (Applicability), 

R336.2903 (Additional permit 

requirements for sources impacting 

nonattainment areas), R336.2907 

(Actuals plantwide applicability limits 

or PALs), and R336.2908 (Conditions for 

approval of a major new source review 

permit in a nonattainment area). 

EPA has reviewed the rules MDEQ 

submitted on March 24, 2009, against 

the Federal nonattainment air quality 

permitting regulations found in 40 CFR 

51.165(a) and (b). EPA has found that 

the rules as submitted by Michigan for 

revision into its SIP are at least as 

stringent as these Federal rules. The 

Federal rules found at § 51.165(a) and 

(b) specify the elements of an 

approvable State permit program for 

preconstruction review for 

nonattainment purposes under part D of 

the Clean Air Act. A major source or 

major modification that would be 

located in an area designated as 

nonattainment and subject to the 

nonattainment area permit must meet 

stringent conditions designed to ensure 

that the new source’s emissions will be 

controlled to the greatest degree 

possible; that more than equivalent 

offsetting emission reductions will be 

obtained from existing sources; and that 


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Federal Register / Vol. 78, No. 25 / Wednesday, February 6, 2013 / Proposed Rules 8487 

there will be progress toward achieving 

the National Ambient Air Quality 

Standards. 

III. 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 Clean Air 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 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, 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: January 24, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2013–02673 Filed 2–5–13; 8:45 am] 

BILLING CODE 6560–50–P 


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