36442 Federal Register / Vol. 77, No. 118 / Tuesday, June 19, 2012 / Proposed Rules 

(2) Mariners can request permission to 

transit through the safety zone from the 

Patrol Commander. The Patrol 

Commander can be contacted on VHF– 

FM channels 16 and 23. 

(3) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or his 

designated representative. 

(4) Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, the 

operator of a vessel shall proceed as 

directed. 

(5) The Coast Guard may be assisted 

by other federal, state, or local agencies. 

Dated: May 30, 2012. 

S.M. Mahoney, 

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

Port San Diego. 

[FR Doc. 2012–14845 Filed 6–18–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2011–0826; FRL–9689–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Michigan; PSD Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Prevention of 

Significant Deterioration (PSD) 

construction permit program of State of 

Michigan’s State Implementation Plan 

(SIP) to meet the Clean Air Act (CAA) 

requirements for PSD in Class I Areas 

attaining the National Ambient Air 

Quality Standards. 

DATES: Comments must be received on 

or before July 19, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2011–0826, 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) 385–5501. 

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 

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–2011– 

0826. 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 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 should I consider as I prepare my 

comments for EPA? 

II. What revisions are included in the 

proposed approval? 

III. What action is EPA taking? 

IV. 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 revisions are included in the 

proposed approval? 

On September 2, 2011, the Michigan 

Department of Environmental Quality 

(MDEQ) submitted to EPA for approval 

a revision to the Michigan SIP 

consisting of amendments to Michigan 

Air Pollution Control Rules, Part 18, 

PSD, and Part 19, PSD for major sources. 

Specifically, Michigan submitted a 

revision to modify Michigan Air 

Pollution Control Rule R. 336.2816 to 


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Federal Register / Vol. 77, No. 118 / Tuesday, June 19, 2012 / Proposed Rules 36443 

make it consistent with the Federal 

requirements for PSD in Class I Areas. 

Additionally, Michigan submitted 

amendments to modify Michigan’s Air 

Pollution Control Rules R. 336.2801 and 

R. 336.2910 to add a significance 

threshold of 10 tons per year for 

particulate matter less than 2.5 microns 

in size (PM2.5). However, EPA is not 

proposing action on the particulate 

matter amendments in this rulemaking 

action; we will propose action at a later 

date, when Michigan submits additional 

rules pertaining to its definitions for 

PM2.5. 

III. What action is EPA taking? 

EPA is proposing to approve 

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 

September 16, 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. 

With this change, EPA is proposing to 

fully approve the revised R. 336.2816 

for its PSD program. 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 

notice, EPA stated that we would be 

taking a separate action on rule R. 

336.2816(2) through (4)(requirements 

relating to Class I Areas). 

EPA is not proposing to approve 

Michigan’s request to revise its SIP by 

adding requirements for a significance 

level for PM2.5. EPA has established a 

significance threshold to limit the 

applicability of PSD 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. 

EPA is also proposing to approve the 

removal of R. 336.2830 and R. 336.2910 

from the Michigan SIP. Appeals of state 

permit actions will be handled through 

the state’s appeal process. 

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. 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. 

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 regarding the 

Michigan proposed SIP revisions. 

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. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: June 11, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2012–14937 Filed 6–18–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2007–1034; FRL–9689–1] 

Disapproval and Promulgation of Air 

Quality Implementation Plans; State of 

Utah; Revisions To Open Burning 

Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

disapprove a State Implementation Plan 

(SIP) revision submitted by the State of 

Utah on December 10, 1999. This 

revision to R307–202 Emission 

Standards: General Burning authorizes 

the State to extend the time period for 

open burning. EPA is proposing to 

disapprove the submitted revision 

because it does not meet the 

requirements of section 110(l) of the 

Clean Air Act (CAA). This action is 

being taken under section 110 of the 

CAA. 

DATES: Comments must be received on 

or before July 19, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2007–1034, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• Email: freeman.crystal@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER


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