80 FR 31305 - Approval and Promulgation of Air Quality Implementation Plans; Michigan; Part 3 Rules
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 105 (June 2, 2015)
Federal Register Volume 80, Issue 105 (June 2, 2015)
| Page Range | 31305-31309 | |
| FR Document | 2015-13118 |
[Federal Register Volume 80, Number 105 (Tuesday, June 2, 2015)] [Rules and Regulations] [Pages 31305-31309] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13118] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2013-0824; FRL-9928-35-Region 5] Approval and Promulgation of Air Quality Implementation Plans; Michigan; Part 3 Rules AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving revisions to the Part 3 rules into the Michigan State Implementation Plan (SIP). On December 13, 2013, the Michigan Department of Environmental Quality (MDEQ) submitted to EPA for approval revisions to Part 3, Emission Limitations and Prohibitions--Particulate Matter (PM), for open burning and electro-static precipitators (ESPs). The revisions for open burning eliminate specific provisions to allow household waste burning, and add a provision to allow for burning of fruit and vegetable storage bins for pest or disease control with specific location limitations. The SIP request also removes rule 330 dealing with operation parameters for electrostatic precipitators because of redundancy, and rule 349 dealing with compliance dates for coke ovens because it is now obsolete. EPA is approving this SIP revision because it will not interfere with attainment or maintenance of the fine particulate matter (PM2.5 ) National Ambient Air Quality Standard (NAAQS). DATES: This direct final rule will be effective August 3, 2015, unless EPA receives adverse comments by July 2, 2015. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05- OAR-2013-0824, by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: [email protected] 3. Fax: (312) 692-2450. 4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 5. Hand Delivery: Pamela Blakley, Chief, Control Strategies Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 [[Page 31306]] 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- 2013-0824. 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. 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 Carolyn Persoon, Environmental Engineer, at (312) 353-8290, before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Carolyn Persoon, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8290, [email protected]. 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 EPA's analysis of the Part 3 Emission Limitations and Prohibitions--Particulate Matter Revisions? II. What Action is EPA taking? III. Incorporation by Reference. IV. Statutory and Executive Order Reviews. I. What is EPA's analysis of the Part 3 Emission Limitations and Prohibitions--Particulate Matter Revisions? A. Background of Rule 310, 330, and 349 EPA approved the Part 3 open burning rule (rule 310) into the Michigan SIP on November 2, 1988 (53 FR 44189), and amended it on June 28, 2002 (67 FR 43548). The rule prohibits open burning, with exceptions that originally included household waste, structures for fire training, trees, logs, brush and stumps located outside incorporated areas, beekeeping equipment, and logs, charcoal, and brush used for cooking or recreation. Revisions to the rule promulgated by the state on October 8, 2012, further prohibited residential burning of plastic, rubber, foam, chemically treated wood, textiles, electronics, chemicals, or hazardous materials. The revisions also allowed for burning of fruit or vegetable untreated wooden storage bins for disease or pest control, only if the burning did not occur in a class I or II area, in a city or village, or within 1400 feet of a city or village. Along with the October 8, 2012, revisions to open burning rule 310, Michigan rescinded both rule 330 and 349, electrostatic precipitator control parameters, and coke-oven compliance date, respectively. EPA originally approved rule 330 into the Michigan SIP on May 6, 1980 (45 FR 29790), and most recently approved a revision to it in an update of the Part 3 rules on June 1, 2006 (71 FR 31093). Rule 330 outlined operational parameters for ESPs on cement kilns, kraft recovery boilers, lime kilns, calciners, pulverized coal fired boilers, basic oxygen furnaces, and gypsum dryers, requiring that these electrostatic precipitators have an automatic control system approved by MDEQ. MDEQ found that the rule was redundant and rescinded it on April 1, 2013. MDEQ has provided documentation showing PM emission limits for the facilities subject to rule 330 have not changed, and that proper operation of control devices is still required by rule 910 in the Michigan SIP. MDEQ also rescinded rule 349, which contained a compliance date of December 31, 1982, for coke ovens to meet requirements outlined in rules 350 and 357. Since the compliance date has long passed, and coke ovens must still comply with rules 350 and 357, MDEQ and EPA find this rule to be obsolete, and no analysis was required by the state. On October 8, 2012, and March 25, 2013, the MDEQ filed, and the Michigan Secretary of State approved these rule changes in accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6. The rules became effective on April 1, 2013. Subsequently, MDEQ published in the May 6, 2013 MDEQ Environmental Calendar, located at http://www.michigan.gov/envcalendar, a public notice addressing revision of the SIP, and asking for public comment if the rules should be incorporated into the SIP. There were no requests for a public hearing, and no public comments were received. B. Analysis of Revisions to Rules 310, 330, and 349 EPA's approval is based on consideration of whether the revisions to and rescissions of rules meet the requirements of section 110(l) of the Clean Air Act (CAA), 42 U.S.C. 7410(l). In particular, EPA considered whether the changes made to the Part 3 rules in the Michigan SIP will impact Michigan's ability to attain and maintain both the annual PM standard (2012) and the 24-hour PM standard (2006). Under CAA section 110(l), the state must show that the SIP revision will not interfere with attainment and maintenance of all existing PM standards, which, in the case of revisions to Part 3 of the Michigan SIP, would be the annual standard of 12 micrograms per cubic meter ([mu]g/m\3\) promulgated in 2012 and the 24-hour standard of 35 [mu]g/ m\3\ promulgated in 2006. Based on the most current three-year monitoring design values (2011-2013), the entire state of Michigan is attaining the annual and 24-hour [[Page 31307]] standard, with annual design values ranging from 5.9 to 11.3 [mu]g/ m\3\, and 24-hour design values ranging from 16 to 26 [mu]g/m\3\. See EPA's Web site under the Design Values tab for PM, Table 6, at http://www.epa.gov/airtrends/values.html; data can also be found in the docket. Initial data from 2012-2014 indicates the entire state continues to attain and PM monitoring values continue to decline, indicating that the 2013 revisions to these rules has not interfered with attainment of the standards. To support the revisions and address the ability of Michigan to maintain the PM standards in the future with these revisions, the state did a conservative analysis of potential emissions and impacts from the additional open burning of fruit and vegetable crates. MDEQ has estimated annual maximum emissions from these additional sources to be 30 tons per year (tpy) across the entire state.\1\ The rule only allows open burning of crates happen in rural areas. The highest monitored background concentrations in rural areas are 8[mu]g/m\3\ for the annual standard and 20[mu]g/m\3\ for the 24-hour standard. EPA's AERSCREEN tool estimates a maximum localized concentration increase of 3[mu]g/ m\3\. This maximum addition of 3[mu]g/m\3\ PM2.5 to the highest maximum rural concentration, where burning is allowed, does not cause a violation of either the annual PM2.5 or the 24-hour standard. EPA also considered the air quality impact on urban areas, because the rule does not allow burning in an urban area EPA considered the potential increase to be 0[mu]g/m\3\, resulting in no increase to the attaining monitored values. Therefore, EPA has concluded that changes to the Michigan SIP 310 Open Burning Rule does not interfere with attainment or maintenance of the NAAQS. --------------------------------------------------------------------------- \1\ The state's analysis can be found in the docket for this rulemaking. --------------------------------------------------------------------------- For the analysis of the rescission of the ESP operations rule 330, MDEQ provided a list of facilities subject to the ESP operating parameters, which can be found in the docket. EPA has determined that emission limits for either PM or opacity exist for each of the sources, either through permits to install, which are permanent and enforceable construction permits, or the National Emissions Standards for Hazardous Air Pollutants, 40 CFR part 63, subpart UUUUU (utility MACTs or MATs). Thus, rescission of rule 330 will not affect the obligation of these facilities to continue to meet their PM or opacity emission limits. These existing limits are permanent and enforceable. Further, the utility MACT standards are Federal rules which require installation of the maximum control technology available to the sector at this point in time and, if updated, will reflect greater efficiency and removal as technology evolves. The permits to install are permanent and enforceable and, if the facility would like to change the limits, it must either find offsets (for nonattainment new source review (NSR)) or provide modeling that shows compliance with the NAAQS (for prevention of significant deterioration (PSD)/NSR), the same analysis under Section 110(l) of the CAA that the state must use when proposing changes to a SIP. Therefore no future protection of the NAAQS is lost. EPA has determined that the rescission of this rule will not interfere with attainment of the NAAQS, as the area is currently attainment and the current emission limits for the facilities that were subject to 330 are not affected by the rescission. EPA has also determined that the rescission will not affect maintenance. MDEQ has demonstrated that any changes to current PM or opacity emission limits in permits will become more stringent through the utility MACTs and that sources will have to demonstrate compliance with the NAAQS through modeling or offsets if a permit to install is modified. EPA finds that the recession of rule 340, compliance date for coke ovens, does not require a 110(l) analysis, since the compliance date has long past, and the rule is obsolete. EPA has determined that the Michigan SIP revisions are therefore approvable because they meet the requirements of 110(l). II. What Action is EPA taking? EPA is approving into the Michigan SIP revisions to Part 3, including the revisions to open burning rule 310, removal of rule 330, ESP operating provisions, and removal of rule 340, compliance date. Specifically, EPA is approving into the SIP R 336.1310 and removing R 336.1330 and R 336.1349. The revisions to Part 3 are approvable, since EPA's analysis under worst case conditions indicates these revisions will not interfere with attaining or maintaining the NAAQS, as prescribed by section 110(l) of the CAA. We are publishing this action without prior proposal because we view this as a noncontroversial amendment and anticipate no adverse comments. However, in the proposed rules section of this Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the state plan amendment if relevant adverse written comments are filed. This rule will be effective August 3, 2015 without further notice unless we receive relevant adverse written comments by July 2, 2015. If we receive such comments, we will withdraw this action before the effective date by publishing a subsequent document that will withdraw the final action. All public comments received will then be addressed in a subsequent final rule based on the proposed action. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of this rule that are not the subject of an adverse comment. If we do not receive any comments, this action will be effective August 3, 2015. III. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In 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 as 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. 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 [[Page 31308]] 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, 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 August 3, 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. 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, Particulate matter, Reporting and recordkeeping requirements. Dated: May 18, 2015. Susan Hedman, Regional Administrator, Region 5. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 2. In Sec. 52.1170 the table in paragraph (c) is amended under ``Part 3. Emission Limitations and Prohibitions-Particulate Matter'' by: 0 a. Revising the entry for R 336.1310. 0 b. Removing the entries for R 336.1330 and R 336.1349. The revised text reads as follows: Sec. 52.1170 Identification of plan. * * * * * (c) * * * EPA-Approved Michigan Regulations ---------------------------------------------------------------------------------------------------------------- State Michigan citation Title effective EPA approval date Comments date ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Part 3. Emission Limitations and Prohibitions--Particulate Matter ---------------------------------------------------------------------------------------------------------------- * * * * * * * R 336.1310....................... Open burning........ 04/01/13 06/02/15, [insert .................... Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [[Page 31309]] * * * * * [FR Doc. 2015-13118 Filed 6-1-15; 8:45 am] BILLING CODE 6560-50-P
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answer thereto, setting forth simple, counsel, who shall be an attorney at law ENVIRONMENTAL PROTECTION
concise, and direct statements of the licensed to practice in a state, AGENCY
respondent’s defenses to each claim commonwealth, or territory of the
asserted by the appellant. * * * United States, or in the District of 40 CFR Part 52
* * * * * Columbia, designated by the General [EPA–R05–OAR–2013–0824; FRL–9928–35–
■ 7. In § 955.10, revise the final Counsel, will represent the interest of Region 5]
sentence to read as follows: the Postal Service before the Board.
Postal Service counsel shall register in Approval and Promulgation of Air
§ 955.10 Prehearing briefs. Quality Implementation Plans;
the electronic filing system, and file a
* * * In any case where a prehearing written notice of appearance with the Michigan; Part 3 Rules
brief is submitted, it shall be filed with
Board. The notice of appearance must AGENCY: Environmental Protection
the Board at least 15 days prior to the
include an email address, mailing Agency (EPA).
date set for hearing.
address, telephone number, fax number, ACTION: Direct final rule.
■ 8. In § 955.13, revise the first sentence
and a jurisdiction in which the attorney
of paragraph (a)(3) to read as follows: SUMMARY: The Environmental Protection
is licensed to practice law.
§ 955.13 Optional Small Claims Agency (EPA) is approving revisions to
(c) References to contractor, the Part 3 rules into the Michigan State
(Expedited) and Accelerated Procedures.
appellant, contracting officer, Implementation Plan (SIP). On
(a) * * * respondent and parties shall include
(3) In cases proceeding under the December 13, 2013, the Michigan
respective counsel for the parties, as Department of Environmental Quality
Expedited Procedure, the respondent
soon as appropriate notices of (MDEQ) submitted to EPA for approval
shall file with the Board a copy of the
contract, the contracting officer’s final appearance have been filed with the revisions to Part 3, Emission Limitations
decision, and the appellant’s claim Board. A self-represented party or an and Prohibitions—Particulate Matter
letter or letters, if any, within ten days attorney representing either party shall (PM), for open burning and electro-static
from the respondent’s first receipt from inform the Board promptly of any precipitators (ESPs). The revisions for
either the appellant or the Board of a change in his or her email address, open burning eliminate specific
copy of the appellant’s notice of election mailing address, telephone number, or provisions to allow household waste
of the Expedited Procedure. * * * fax number, and must enter the burning, and add a provision to allow
* * * * * appropriate changes promptly in the for burning of fruit and vegetable storage
electronic filing system. bins for pest or disease control with
§ 955.14 [Amended] specific location limitations. The SIP
■ 12. Revise § 955.27 to read as follows: request also removes rule 330 dealing
■ 9. In § 955.14, remove the sentence at
the end of paragraph (a). § 955.27 Withdrawal of attorney. with operation parameters for
■ 10. In § 955.15, add a sentence to the electrostatic precipitators because of
Any attorney for either party who has redundancy, and rule 349 dealing with
end of paragraph (a), to read as follows:
filed a notice of appearance and who compliance dates for coke ovens
§ 955.15 Discovery. wishes to withdraw from a case must because it is now obsolete. EPA is
(a) * * * Except in connection with file a motion or notice which includes approving this SIP revision because it
motions to compel or for a protective the name, email address, mailing will not interfere with attainment or
order, discovery requests and responses address, telephone number, and fax maintenance of the fine particulate
should not be filed with the Board. number of the person who will assume matter (PM2.5) National Ambient Air
* * * * * responsibility for representation of the Quality Standard (NAAQS).
■ 11. Revise § 955.26 to read as follows: party in question. DATES: This direct final rule will be
effective August 3, 2015, unless EPA
§ 955.26 Representation of the parties. ■ 13. In § 955.29, revise the first
receives adverse comments by July 2,
(a) The term appellant means a party sentence to read as follows: 2015. If adverse comments are received,
that has filed an appeal for resolution by § 955.29 Decisions. EPA will publish a timely withdrawal of
the Board. An individual appellant may the direct final rule in the Federal
appear before the Board in his or her Decisions of the Board will be made Register informing the public that the
own behalf, a corporation may appear in writing and sent to both parties rule will not take effect.
before the Board by an officer thereof, a through the electronic filing system, or ADDRESSES: Submit your comments,
partnership or joint venture may appear otherwise as appropriate. * * * identified by Docket ID No. EPA–R05–
before the Board by a member thereof. OAR–2013–0824, by one of the
Any appellant may appear before the ■ 14. Revise § 955.36 to read as follows:
following methods:
Board by an attorney at law duly § 955.36 Effective dates and applicability. 1. www.regulations.gov: Follow the
licensed in any state, commonwealth, on-line instructions for submitting
territory of the United States, or in the These revised rules govern comments.
District of Columbia. An attorney proceedings under this part docketed on 2. Email: blakley.pamela@epa.gov
representing an appellant shall register or after July 2, 2015. 3. Fax: (312) 692–2450.
in the electronic filing system, and file Stanley F. Mires,
4. Mail: Pamela Blakley, Chief,
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a notice of appearance. The notice of Control Strategies Section, Air Programs
appearance must include an email Attorney, Federal Compliance. Branch (AR–18J), U.S. Environmental
address, mailing address, telephone [FR Doc. 2015–13167 Filed 6–1–15; 8:45 am] Protection Agency, 77 West Jackson
number, fax number, and a jurisdiction BILLING CODE 7710–12–P Boulevard, Chicago, Illinois 60604.
in which the attorney is licensed to 5. Hand Delivery: Pamela Blakley,
practice law. Chief, Control Strategies Section, Air
(b) The term respondent means the Programs Branch (AR–18J), U.S.
U.S. Postal Service. Postal Service Environmental Protection Agency, 77
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of the Paperwork Reduction Act (44 tribal implications and will not impose published in the proposed rules section
U.S.C. 3501 et seq.); substantial direct costs on tribal of today’s Federal Register, rather than
• is certified as not having a governments or preempt tribal law as file an immediate petition for judicial
significant economic impact on a specified by Executive Order 13175 (65 review of this direct final rule, so that
substantial number of small entities FR 67249, November 9, 2000). EPA can withdraw this direct final rule
under the Regulatory Flexibility Act The Congressional Review Act, 5 and address the comment in the
(5 U.S.C. 601 et seq.); U.S.C. 801 et seq., as added by the Small proposed rulemaking. This action may
• does not contain any unfunded Business Regulatory Enforcement not be challenged later in proceedings to
mandate or significantly or uniquely Fairness Act of 1996, generally provides enforce its requirements. (See section
affect small governments, as described that before a rule may take effect, the 307(b)(2).)
in the Unfunded Mandates Reform Act agency promulgating the rule must
List of Subjects in 40 CFR Part 52
of 1995 (Pub. L. 104–4); submit a rule report, which includes a
• does not have Federalism copy of the rule, to each House of the Environmental protection, Air
implications as specified in Executive Congress and to the Comptroller General pollution control, Incorporation by
Order 13132 (64 FR 43255, August 10, of the United States. EPA will submit a reference, Intergovernmental relations,
1999); report containing this action and other Particulate matter, Reporting and
• is not an economically significant required information to the U.S. Senate, recordkeeping requirements.
regulatory action based on health or the U.S. House of Representatives, and Dated: May 18, 2015.
safety risks subject to Executive Order the Comptroller General of the United Susan Hedman,
13045 (62 FR 19885, April 23, 1997); States prior to publication of the rule in
Regional Administrator, Region 5.
• is not a significant regulatory action the Federal Register. A major rule
subject to Executive Order 13211 (66 FR cannot take effect until 60 days after it 40 CFR part 52 is amended as follows:
28355, May 22, 2001); is published in the Federal Register. PART 52—APPROVAL AND
• is not subject to requirements of This action is not a ‘‘major rule’’ as PROMULGATION OF
Section 12(d) of the National defined by 5 U.S.C. 804(2). IMPLEMENTATION PLANS
Technology Transfer and Advancement Under section 307(b)(1) of the CAA,
Act of 1995 (15 U.S.C. 272 note) because petitions for judicial review of this ■ 1. The authority citation for part 52
application of those requirements would action must be filed in the United States continues to read as follows:
be inconsistent with the CAA; and Court of Appeals for the appropriate
• does not provide EPA with the circuit by August 3, 2015. Filing a Authority: 42 U.S.C. 7401 et seq.
discretionary authority to address, as petition for reconsideration by the ■ 2. In § 52.1170 the table in paragraph
appropriate, disproportionate human Administrator of this final rule does not (c) is amended under ‘‘Part 3. Emission
health or environmental effects, using affect the finality of this action for the Limitations and Prohibitions-Particulate
practicable and legally permissible purposes of judicial review nor does it Matter’’ by:
methods, under Executive Order 12898 extend the time within which a petition ■ a. Revising the entry for R 336.1310.
(59 FR 7629, February 16, 1994). for judicial review may be filed, and ■ b. Removing the entries for R
In addition, the SIP is not approved shall not postpone the effectiveness of 336.1330 and R 336.1349.
to apply on any Indian reservation land such rule or action. Parties with The revised text reads as follows:
or in any other area where EPA or an objections to this direct final rule are
Indian tribe has demonstrated that a encouraged to file a comment in § 52.1170 Identification of plan.
tribe has jurisdiction. In those areas of response to the parallel notice of * * * * *
Indian country, the rule does not have proposed rulemaking for this action (c) * * *
EPA-APPROVED MICHIGAN REGULATIONS
State
Michigan citation Title effective EPA approval date Comments
date
* * * * * * *
Part 3. Emission Limitations and Prohibitions—Particulate Matter
* * * * * * *
R 336.1310 .............................. Open burning .......................... 04/01/13 06/02/15, [insert Federal Reg-
ister citation].
* * * * * * *
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* * * * * submission to verify posting (except and benefits of available regulatory
[FR Doc. 2015–13118 Filed 6–1–15; 8:45 am] allow 30 days for posting of comments alternatives and, if regulation is
BILLING CODE 6560–50–P submitted by mail). necessary, to select regulatory
FOR FURTHER INFORMATION CONTACT: Mr. approaches that maximize net benefits
Mark Gomersall, telephone 571–372– (including potential economic,
DEPARTMENT OF DEFENSE 6099. environmental, public health and safety
effects, distributive impacts, and
Defense Acquisition Regulations SUPPLEMENTARY INFORMATION:
equity). E.O. 13563 emphasizes the
System I. Background importance of quantifying both costs
This interim rule revises DFARS and benefits, of reducing costs, of
48 CFR Part 225 harmonizing rules, and of promoting
225.7303–2, ‘‘Cost of doing business
RIN 0750–AI59 with a foreign government or an flexibility. This is not a significant
international organization,’’ by adding regulatory action and, therefore, was not
Defense Federal Acquisition paragraph (a)(3)(iii) to provide subject to review under section 6(b) of
Regulation Supplement: Offset Costs guidelines to contracting officers when E.O. 12866, Regulatory Planning and
(DFARS Case 2015–D028) an indirect offset is a condition of a Review, dated September 30, 1993. This
Foreign Military Sales (FMS) rule is not a major rule under 5 U.S.C.
AGENCY: Defense Acquisition 804.
Regulations System, Department of acquisition. A reference to the Defense
Defense (DoD). Security Cooperation Agency manual is IV. Regulatory Flexibility Act
ACTION: Interim rule.
also updated at DFARS 225.7301.
DoD does not expect this rule to have
This interim rule specifically
a significant economic impact on a
SUMMARY: DoD is issuing an interim rule addresses indirect offsets as they are
substantial number of small entities
amending the Defense Federal applied to the Defense Security
within the meaning of the Regulatory
Acquisition Regulation Supplement Cooperation Agency’s FMS cases.
Flexibility Act, 5 U.S.C. 601, et seq.
(DFARS) to clarify requirements related II. Discussion and Analysis However, an initial regulatory flexibility
to costs associated with indirect offsets analysis has been performed, and is
under Foreign Military Sales DoD administers FMS programs to
maintain and strengthen relationships summarized as follows:
agreements. The objective of this rule is to provide
with partner nations. Failure to nurture
DATES: Effective June 2, 2015. these relationships may create a threat clarification to contracting officers when
Comment Date: Comments on the to national security. DoD’s FMS indirect offsets are a condition of an
interim rule should be submitted in program allows foreign customers to FMS acquisition. This rule revises
writing to the address shown below on request, and pay for, through inclusion DFARS 225.7303–2, ‘‘Cost of doing
or before August 3, 2015, to be of the cost in the FMS Letter of Offer business with a foreign government or
considered in the formation of a final and Acceptance (LOA) and DoD an international organization,’’ by
rule. contract, offsets that are directly related adding paragraph (a)(3)(iii) to provide
ADDRESSES: Submit comments to the FMS end items (i.e., ‘‘direct guidelines to contracting officers when
identified by DFARS Case 2015–D028, offsets’’), as well as offsets that are not an indirect offset is a condition of a
using any of the following methods: directly related to the end item (i.e., Foreign Military Sales (FMS)
Æ Regulations.gov: http:// ‘‘indirect offsets’’). acquisition. This interim rule
www.regulations.gov. Submit comments DoD recognizes the need to have specifically addresses indirect offsets as
via the Federal eRulemaking portal by offsets embedded in DoD FMS contracts. they are applied to the Defense Security
entering ‘‘DFARS Case 2015–D028’’ However, the decision whether to Cooperation Agency’s FMS cases.
under the heading ‘‘Enter keyword or engage in indirect offsets and the This rule does not add any reporting
ID’’ and selecting ‘‘Search.’’ Select the responsibility for negotiating and or recordkeeping requirements. The rule
link ‘‘Submit a Comment’’ that implementing these offset arrangements does not duplicate, overlap, or conflict
corresponds with ‘‘DFARS Case 2015– ultimately reside with the FMS with any other Federal rules. This rule
D028.’’ Follow the instructions provided customer and contractor(s) involved. does not impose any significant
at the ‘‘Submit a Comment’’ screen. Thus, the DoD contracting officer is not economic burden on small firms
Please include your name, company provided the information necessary to because the DFARS amendments merely
name (if any), and ‘‘DFARS Case 2015– negotiate cost or price of the indirect clarify that contracting officers are not
D028’’ on your attached document. offsets, particularly with respect to price responsible for making a determination
Æ Email: osd.dfars@mail.mil. Include reasonableness determinations pursuant of price reasonableness for indirect
DFARS Case 2015–D028 in the subject to FAR part 15. This interim rule offset agreements, which are not within
line of the message. provides that under these their purview.
Æ Fax: 571–372–6094. circumstances, when the provision of an DoD did not identify any alternatives
Æ Mail: Defense Acquisition indirect offset is a condition of the FMS that could reduce the burden and still
Regulations System, Attn: Mr. Mark acquisition, and provided that the U.S. meet the objectives of the rule.
Gomersall, OUSD (AT&L) DPAP/DARS, defense contractor submits to the DoD invites comments from small
Room 3B941, 3060 Defense Pentagon, contracting officer an offset agreement business concerns and other interested
Washington, DC 20301–3060. parties on the expected impact of this
wreier-aviles on DSK5TPTVN1PROD with RULES
or other substantiating documentation,
Comments received generally will be the indirect offset costs are deemed rule on small entities.
posted without change to http:// reasonable for the purposes of FAR part DoD will also consider comments
www.regulations.gov, including any 31. from small entities concerning the
personal information provided. To existing regulations in subparts affected
confirm receipt of your comment(s), III. Executive Orders 12866 and 13563 by this rule in accordance with 5 U.S.C.
please check www.regulations.gov, Executive Orders (E.O.s) 12866 and 610. Interested parties must submit such
approximately two to three days after 13563 direct agencies to assess all costs comments separately and should cite 5
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Document Created: 2015-12-15 15:12:00
Document Modified: 2015-12-15 15:12:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule will be effective August 3, 2015, unless EPA receives adverse comments by July 2, 2015. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. | |
| Contact | Carolyn Persoon, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8290, [email protected] | |
| FR Citation | 80 FR 31305 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements |
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