80_FR_63653 80 FR 63451 - Air Plan Approval; Michigan; 2006 PM2.

80 FR 63451 - Air Plan Approval; Michigan; 2006 PM2.

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 202 (October 20, 2015)

Page Range63451-63454
FR Document2015-26312

The Environmental Protection Agency (EPA) is approving elements of state implementation plan (SIP) submissions from Michigan regarding state board requirements of section 110 of the Clean Air Act (CAA) for the 2006 fine particulate matter (PM<INF>2.5</INF>) and 2008 lead National Ambient Air Quality Standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA.

Federal Register, Volume 80 Issue 202 (Tuesday, October 20, 2015)
[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Rules and Regulations]
[Pages 63451-63454]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26312]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-RO5-OAR-2014-0657; FRL-9935-63-Region 5]


Air Plan Approval; Michigan; 2006 PM[bdi2].[bdi5] and 
2008 Lead NAAQS State Board Infrastructure SIP Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of state implementation plan (SIP) submissions from Michigan 
regarding state board requirements of section 110 of the Clean Air Act 
(CAA) for the 2006 fine particulate matter (PM2.5) and 2008 
lead National Ambient Air Quality Standards (NAAQS). The infrastructure 
requirements are designed to ensure that the structural components of 
each state's air quality management program are adequate to meet the 
state's responsibilities under the CAA.

DATES: This direct final rule will be effective December 21, 2015, 
unless EPA receives adverse comments by November 19, 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-2014-0657 by one of the following methods:
    1. www.regulations.gov: Follow the online instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 408-2279.
    4. Mail: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
Such deliveries are only accepted

[[Page 63452]]

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. EPA-R05-OAR-2014-
0657. 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 Sarah Arra, Environmental Scientist, 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), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-9401, [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 the background of these SIP submissions?
II. What is EPA's review of these SIP submissions?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background of these SIP submissions?

    This rulemaking addresses submissions from the Michigan Department 
of Environmental Quality (MDEQ) for the 2006 PM2.5 and 2008 
lead NAAQS. MDEQ submitted its infrastructure SIPs on the following 
dates: 2006 PM2.5--August 15, 2011, supplemented on July 9, 
2012; 2008 lead--April 3, 2012, supplemented August 9, 2013. On July 
10, 2014, MDEQ requested that new rules related to state board 
requirements which it had submitted to be incorporated into the SIP 
also apply to its 2006 PM2.5 and 2008 lead NAAQS 
infrastructure SIPs.
    The requirement for states to make a SIP submission of this type 
arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), 
states must make SIP submissions ``within 3 years (or such shorter 
period as the Administrator may prescribe) after the promulgation of a 
national primary ambient air quality standard (or any revision 
thereof),'' and these SIP submissions are to provide for the 
``implementation, maintenance, and enforcement'' of such NAAQS. The 
statute directly imposes on states the duty to make these SIP 
submissions, and the requirement to make the submissions is not 
conditioned upon EPA's taking any action other than promulgating a new 
or revised NAAQS. Section 110(a)(2) includes a list of specific 
elements that ``[e]ach such plan'' submission must address.
    This specific rulemaking is taking action only on the state board 
element of the Michigan submittal. The majority of the other 
infrastructure elements for the 2006 PM2.5 NAAQS were 
addressed on October 29, 2012 (77 FR 65478). The other infrastructure 
elements for the 2008 lead NAAQS were addressed on July 16, 2014 (79 FR 
41439). The infrastructure element for state board requirements is 
found in CAA 110(a)(2)(E). For further discussion on the background of 
infrastructure submittals, see 77 FR 45992.

II. What is EPA's review of these SIP submissions?

    On September 13, 2013, EPA issued ``Guidance on Infrastructure 
State Implementation Plan (SIP) Elements under Clean Air Act Sections 
110(a)(1) and 110(a)(2)'' (2013 Memo). As noted in the 2013 Memo, 
pursuant to CAA section 110(a), states must provide reasonable notice 
and opportunity for public hearing for all infrastructure SIP 
submissions. MDEQ provided public comment opportunities on both 
submittals on which EPA is acting in this direct final rule. MDEQ 
provided a detailed synopsis of how various components of its SIP meet 
each of the applicable requirements in section 110(a)(2) for the 2006 
PM2.5 and 2008 lead NAAQS, as applicable. The following 
review only evaluates the state's submissions for CAA section 
110(a)(2)(E)(ii) requirements.
    Section 110(a)(2)(E)(ii) requires each SIP to contain provisions 
that comply with the state board requirements of section 128 of the 
CAA. That provision contains two explicit requirements: (1) 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 (2) 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. The 2013 Memo specifies that 
the provisions that implement CAA section 128 must be contained within 
the SIP. ``EPA would not approve an infrastructure SIP submission that 
only provides a narrative description of existing air agency laws, 
rules, and regulations that are not approved into the SIP to address 
CAA section 128 requirements.'' 2013 Memo at 42.
    On July 10, 2014, MDEQ submitted Civil Service Rule 2-8.3(a)(1) for 
incorporation into the SIP, pursuant to section 128 of the CAA. EPA 
approved this rule as satisfying CAA section 128 requirements on August 
31, 2015 (see 80 FR 52399). On July 10, 2014, MDEQ requested that these 
rules satisfy not only the applicable requirements of section 128 of 
the CAA, but that they satisfy any applicable requirements of section 
110(a)(2)(E) for the 2006 PM2.5 and 2008 lead NAAQS. 
Therefore, EPA finds that MDEQ has satisfied the applicable 
infrastructure SIP

[[Page 63453]]

requirements for this section of 110(a)(2)(E) for the 2006 
PM2.5 and 2008 lead NAAQS.

III. What action is EPA taking?

    EPA is approving the state board related infrastructure requirement 
for Michigan's 2006 PM2.5 and 2008 lead NAAQS submittals as 
satisfying the infrastructure SIP requirements in CAA sections 
110(a)(2)(E)(ii).
    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 if relevant adverse 
written comments are filed. This rule will be effective December 21, 
2015 without further notice unless we receive relevant adverse written 
comments by November 19, 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. If we do not receive any comments, this action will be 
effective December 21, 2015.

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 December 21, 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 this 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, Lead, Particulate matter, 
Reporting and recordkeeping requirements.

    Dated: October 5, 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 (e) is amended by revising 
the entries for ``Section 110(a)(2) Infrastructure Requirements for the 
2006 24-Hour PM2.5 NAAQS'' and ``Section 110(a)(2) 
Infrastructure Requirements for the 2008 lead (Pb) NAAQS'' to read as 
follows:


Sec.  52.1170  Identification of plan.

* * * * *
    (e) * * *

[[Page 63454]]



                       EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                Applicable  geographic
   Name of nonregulatory SIP       or  nonattainment     State submittal     EPA approval          Comments
           provision                     area                  date              date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 110(a)(2)               Statewide.............  8/15/2011, 7/9/    10/20/2015,       This action
 Infrastructure Requirements                             2012,              [Insert Federal   addresses the
 for the 2006 24-Hour PM2.5                             7/10/2014........   Register          following CAA
 NAAQS.                                                                     citation].        elements:
                                                                                              110(a)(2)(A), (B),
                                                                                              (C), (D)(i)(II),
                                                                                              (D)(ii), (E), (F),
                                                                                              (G), (H), (J),
                                                                                              (K), (L), and (M).
                                                                                              We are not taking
                                                                                              action on the
                                                                                              visibility
                                                                                              protection
                                                                                              requirements of
                                                                                              (D)(i)(II). We
                                                                                              will address this
                                                                                              requirements in a
                                                                                              separate action.
 
                                                  * * * * * * *
Section 110(a)(2)               Statewide.............  4/3/2012, 8/9/     10/20/2015,       This action
 Infrastructure Requirements                             2013,              [insert Federal   addresses the
 for the 2008 lead (Pb) NAAQS.                          7/10/2014........   Register          following CAA
                                                                            citation].        elements:
                                                                                              110(a)(2)(A), (B),
                                                                                              (C), (D), (E),
                                                                                              (F), (G), (H),
                                                                                              (J), (K), (L), and
                                                                                              (M).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-26312 Filed 10-19-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations                                                  63451

                                                                                 EPA-APPROVED MINNESOTA NONREGULATORY PROVISIONS—Continued
                                                                                  Applicable                      State
                                                 Name of nonregulatory          geographic or                   submittal                  EPA approved                               Comments
                                                    SIP provision               nonattainment                 date/effective                   date
                                                                                    area                          date

                                                Section 110(a)(2) Infra-      Statewide ..........   6/12/2014 (submittal             10/20/2015, [insert Fed-      This action addresses the following CAA
                                                  structure Require-                                   date).                           eral Register citation].      elements: 110(a)(2)(A), (B), (C), (D), (E),
                                                  ments for the 2010 ni-                                                                                              (F), (G), (H), (J), (K), (L), and (M). We are
                                                  trogen dioxide (NO2)                                                                                                not taking action on the visibility portion of
                                                  NAAQS.                                                                                                              (D)(i)(II) or the state board requirements
                                                                                                                                                                      of (E)(ii). We will address these require-
                                                                                                                                                                      ments in a separate action. EPA is dis-
                                                                                                                                                                      approving the elements related to the pre-
                                                                                                                                                                      vention of significant deterioration, specifi-
                                                                                                                                                                      cally as they pertain to section
                                                                                                                                                                      110(a)(2)(C), (D)(i)(II), (D)(ii), and (J);
                                                                                                                                                                      however, Minnesota continues to imple-
                                                                                                                                                                      ment the Federally promulgated rules for
                                                                                                                                                                      this purpose.
                                                Section 110(a)(2) Infra-      Statewide ..........   6/12/2014 (submittal             10/20/2015, [insert Fed-      This action addresses the following CAA
                                                  structure Require-                                   date).                           eral Register citation].      elements: 110(a)(2)(A), (B), (C), (D), (E),
                                                  ments for the 2010                                                                                                  (F), (G), (H), (J), (K), (L), and (M). We are
                                                  sulfur dioxide (SO2)                                                                                                not taking action on (D)(i)(I), the visibility
                                                  NAAQS.                                                                                                              portion of (D)(i)(II), or the state board re-
                                                                                                                                                                      quirements of (E)(ii). We will address
                                                                                                                                                                      these requirements in a separate action.
                                                                                                                                                                      EPA is disapproving the elements related
                                                                                                                                                                      to the prevention of significant deteriora-
                                                                                                                                                                      tion, specifically as they pertain to section
                                                                                                                                                                      110(a)(2)(C), (D)(i)(II), (D)(ii), and (J);
                                                                                                                                                                      however, Minnesota continues to imple-
                                                                                                                                                                      ment the Federally promulgated rules for
                                                                                                                                                                      this purpose.
                                                Section 110(a)(2) Infra-      Statewide ..........   6/12/2014 (submittal             10/20/2015, [insert Fed-      This action addresses the following CAA
                                                  structure Require-                                   date).                           eral Register citation].      elements: 110(a)(2)(A), (B), (C), (D), (E),
                                                  ments for the 2012                                                                                                  (F), (G), (H), (J), (K), (L), and (M). We are
                                                  fine particulate matter                                                                                             not taking action on (D)(i)(I), the visibility
                                                  (PM2.5) NAAQS.                                                                                                      portion of (D)(i)(II), or the state board re-
                                                                                                                                                                      quirements of (E)(ii). We will address
                                                                                                                                                                      these requirements in a separate action.
                                                                                                                                                                      EPA is disapproving the elements related
                                                                                                                                                                      to the prevention of significant deteriora-
                                                                                                                                                                      tion, specifically as they pertain to section
                                                                                                                                                                      110(a)(2)(C), (D)(i)(II), (D)(ii), and (J);
                                                                                                                                                                      however, Minnesota continues to imple-
                                                                                                                                                                      ment the Federally promulgated rules for
                                                                                                                                                                      this purpose.



                                                [FR Doc. 2015–25969 Filed 10–19–15; 8:45 am]            submissions from Michigan regarding                        ADDRESSES:    Submit your comments,
                                                BILLING CODE 6560–50–P                                  state board requirements of section 110                    identified by Docket ID No. EPA–R05–
                                                                                                        of the Clean Air Act (CAA) for the 2006                    OAR–2014–0657 by one of the following
                                                                                                        fine particulate matter (PM2.5) and 2008                   methods:
                                                ENVIRONMENTAL PROTECTION                                lead National Ambient Air Quality                             1. www.regulations.gov: Follow the
                                                AGENCY                                                  Standards (NAAQS). The infrastructure                      online instructions for submitting
                                                                                                        requirements are designed to ensure that                   comments.
                                                40 CFR Part 52                                                                                                        2. Email: aburano.douglas@epa.gov.
                                                                                                        the structural components of each
                                                                                                        state’s air quality management program                        3. Fax: (312) 408–2279.
                                                [EPA–RO5–OAR–2014–0657; FRL–9935–63–                                                                                  4. Mail: Douglas Aburano, Chief,
                                                Region 5]                                               are adequate to meet the state’s
                                                                                                                                                                   Attainment Planning and Maintenance
                                                                                                        responsibilities under the CAA.
                                                                                                                                                                   Section, Air Programs Branch (AR–18J),
                                                Air Plan Approval; Michigan; 2006
                                                                                                        DATES:  This direct final rule will be                     U.S. Environmental Protection Agency,
                                                PM2.5 and 2008 Lead NAAQS State
                                                                                                        effective December 21, 2015, unless EPA                    77 West Jackson Boulevard, Chicago,
                                                Board Infrastructure SIP Requirements
                                                                                                        receives adverse comments by                               Illinois 60604.
mstockstill on DSK4VPTVN1PROD with RULES




                                                AGENCY: Environmental Protection                        November 19, 2015. If adverse                                 5. Hand Delivery: Douglas Aburano,
                                                Agency (EPA).                                           comments are received, EPA will                            Chief, Attainment Planning and
                                                ACTION: Direct final rule.                              publish a timely withdrawal of the                         Maintenance Section, Air Programs
                                                                                                        direct final rule in the Federal Register                  Branch (AR–18J), U.S. Environmental
                                                SUMMARY:  The Environmental Protection                  informing the public that the rule will                    Protection Agency, 77 West Jackson
                                                Agency (EPA) is approving elements of                   not take effect.                                           Boulevard, Chicago, Illinois 60604.
                                                state implementation plan (SIP)                                                                                    Such deliveries are only accepted


                                           VerDate Sep<11>2014   16:12 Oct 19, 2015   Jkt 238001   PO 00000    Frm 00043   Fmt 4700   Sfmt 4700   E:\FR\FM\20OCR1.SGM    20OCR1


                                                63452            Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations

                                                during the Regional Office normal hours                 FOR FURTHER INFORMATION CONTACT:                      110(a)(2)(E). For further discussion on
                                                of operation, and special arrangements                  Sarah Arra, Environmental Scientist,                  the background of infrastructure
                                                should be made for deliveries of boxed                  Attainment Planning and Maintenance                   submittals, see 77 FR 45992.
                                                information. The Regional Office official               Section, Air Programs Branch (AR–18J),
                                                                                                                                                              II. What is EPA’s review of these SIP
                                                hours of business are Monday through                    Environmental Protection Agency,
                                                                                                                                                              submissions?
                                                Friday, 8:30 a.m. to 4:30 p.m., excluding               Region 5, 77 West Jackson Boulevard,
                                                Federal holidays.                                       Chicago, Illinois 60604, (312) 886–9401,                 On September 13, 2013, EPA issued
                                                   Instructions: Direct your comments to                arra.sarah@epa.gov.                                   ‘‘Guidance on Infrastructure State
                                                Docket ID. EPA–R05–OAR–2014–0657.                       SUPPLEMENTARY INFORMATION:                            Implementation Plan (SIP) Elements
                                                EPA’s policy is that all comments                       Throughout this document whenever                     under Clean Air Act Sections 110(a)(1)
                                                received will be included in the public                 ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           and 110(a)(2)’’ (2013 Memo). As noted
                                                docket without change and may be                        EPA. This supplementary information                   in the 2013 Memo, pursuant to CAA
                                                made available online at                                section is arranged as follows:                       section 110(a), states must provide
                                                www.regulations.gov, including any                                                                            reasonable notice and opportunity for
                                                                                                        I. What is the background of these SIP                public hearing for all infrastructure SIP
                                                personal information provided, unless                        submissions?
                                                the comment includes information                        II. What is EPA’s review of these SIP                 submissions. MDEQ provided public
                                                claimed to be Confidential Business                          submissions?                                     comment opportunities on both
                                                Information (CBI) or other information                  III. What action is EPA taking?                       submittals on which EPA is acting in
                                                whose disclosure is restricted by statute.              IV. Statutory and Executive Order Reviews             this direct final rule. MDEQ provided a
                                                Do not submit information that you                                                                            detailed synopsis of how various
                                                                                                        I. What is the background of these SIP
                                                consider to be CBI or otherwise                                                                               components of its SIP meet each of the
                                                                                                        submissions?
                                                protected through www.regulations.gov                                                                         applicable requirements in section
                                                or email. The www.regulations.gov Web                      This rulemaking addresses                          110(a)(2) for the 2006 PM2.5 and 2008
                                                site is an ‘‘anonymous access’’ system,                 submissions from the Michigan                         lead NAAQS, as applicable. The
                                                which means EPA will not know your                      Department of Environmental Quality                   following review only evaluates the
                                                identity or contact information unless                  (MDEQ) for the 2006 PM2.5 and 2008                    state’s submissions for CAA section
                                                you provide it in the body of your                      lead NAAQS. MDEQ submitted its                        110(a)(2)(E)(ii) requirements.
                                                comment. If you send an email                           infrastructure SIPs on the following                     Section 110(a)(2)(E)(ii) requires each
                                                comment directly to EPA without going                   dates: 2006 PM2.5—August 15, 2011,                    SIP to contain provisions that comply
                                                through www.regulations.gov your email                  supplemented on July 9, 2012; 2008                    with the state board requirements of
                                                address will be automatically captured                  lead—April 3, 2012, supplemented                      section 128 of the CAA. That provision
                                                and included as part of the comment                     August 9, 2013. On July 10, 2014,                     contains two explicit requirements: (1)
                                                that is placed in the public docket and                 MDEQ requested that new rules related                 That any board or body which approves
                                                made available on the Internet. If you                  to state board requirements which it had              permits or enforcement orders under
                                                submit an electronic comment, EPA                       submitted to be incorporated into the                 this chapter shall have at least a
                                                recommends that you include your                        SIP also apply to its 2006 PM2.5 and                  majority of members who represent the
                                                name and other contact information in                   2008 lead NAAQS infrastructure SIPs.                  public interest and do not derive any
                                                the body of your comment and with any                      The requirement for states to make a               significant portion of their income from
                                                disk or CD–ROM you submit. If EPA                       SIP submission of this type arises out of             persons subject to permits and
                                                cannot read your comment due to                         CAA section 110(a)(1). Pursuant to                    enforcement orders under this chapter,
                                                technical difficulties and cannot contact               section 110(a)(1), states must make SIP               and (2) that any potential conflicts of
                                                you for clarification, EPA may not be                   submissions ‘‘within 3 years (or such                 interest by members of such board or
                                                able to consider your comment.                          shorter period as the Administrator may               body or the head of an executive agency
                                                Electronic files should avoid the use of                prescribe) after the promulgation of a                with similar powers be adequately
                                                special characters, any form of                         national primary ambient air quality                  disclosed. The 2013 Memo specifies that
                                                encryption, and be free of any defects or               standard (or any revision thereof),’’ and             the provisions that implement CAA
                                                viruses.                                                these SIP submissions are to provide for              section 128 must be contained within
                                                   Docket: All documents in the docket                  the ‘‘implementation, maintenance, and                the SIP. ‘‘EPA would not approve an
                                                are listed in the www.regulations.gov                   enforcement’’ of such NAAQS. The                      infrastructure SIP submission that only
                                                index. Although listed in the index,                    statute directly imposes on states the                provides a narrative description of
                                                some information is not publicly                        duty to make these SIP submissions,                   existing air agency laws, rules, and
                                                available, e.g., CBI or other information               and the requirement to make the                       regulations that are not approved into
                                                whose disclosure is restricted by statute.              submissions is not conditioned upon                   the SIP to address CAA section 128
                                                Certain other material, such as                         EPA’s taking any action other than                    requirements.’’ 2013 Memo at 42.
                                                copyrighted material, will be publicly                  promulgating a new or revised NAAQS.                     On July 10, 2014, MDEQ submitted
                                                available only in hard copy. Publicly                   Section 110(a)(2) includes a list of                  Civil Service Rule 2–8.3(a)(1) for
                                                available docket materials are available                specific elements that ‘‘[e]ach such                  incorporation into the SIP, pursuant to
                                                either electronically in                                plan’’ submission must address.                       section 128 of the CAA. EPA approved
                                                www.regulations.gov or in hard copy at                     This specific rulemaking is taking                 this rule as satisfying CAA section 128
                                                the Environmental Protection Agency,                    action only on the state board element                requirements on August 31, 2015 (see 80
                                                Region 5, Air and Radiation Division, 77                of the Michigan submittal. The majority               FR 52399). On July 10, 2014, MDEQ
                                                West Jackson Boulevard, Chicago,                        of the other infrastructure elements for              requested that these rules satisfy not
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                                                Illinois 60604. This facility is open from              the 2006 PM2.5 NAAQS were addressed                   only the applicable requirements of
                                                8:30 a.m. to 4:30 p.m., Monday through                  on October 29, 2012 (77 FR 65478). The                section 128 of the CAA, but that they
                                                Friday, excluding Federal holidays. We                  other infrastructure elements for the                 satisfy any applicable requirements of
                                                recommend that you telephone Sarah                      2008 lead NAAQS were addressed on                     section 110(a)(2)(E) for the 2006 PM2.5
                                                Arra, Environmental Scientist, at (312)                 July 16, 2014 (79 FR 41439). The                      and 2008 lead NAAQS. Therefore, EPA
                                                886–9401 before visiting the Region 5                   infrastructure element for state board                finds that MDEQ has satisfied the
                                                office.                                                 requirements is found in CAA                          applicable infrastructure SIP


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                                                                 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations                                              63453

                                                requirements for this section of                        of the Paperwork Reduction Act (44                    the Federal Register. A major rule
                                                110(a)(2)(E) for the 2006 PM2.5 and 2008                U.S.C. 3501 et seq.);                                 cannot take effect until 60 days after it
                                                lead NAAQS.                                                • Is certified as not having a                     is published in the Federal Register.
                                                                                                        significant economic impact on a                      This action is not a ‘‘major rule’’ as
                                                III. What action is EPA taking?
                                                                                                        substantial number of small entities                  defined by 5 U.S.C. 804(2).
                                                   EPA is approving the state board                     under the Regulatory Flexibility Act (5                  Under section 307(b)(1) of the CAA,
                                                related infrastructure requirement for                  U.S.C. 601 et seq.);                                  petitions for judicial review of this
                                                Michigan’s 2006 PM2.5 and 2008 lead                        • Does not contain any unfunded                    action must be filed in the United States
                                                NAAQS submittals as satisfying the                      mandate or significantly or uniquely                  Court of Appeals for the appropriate
                                                infrastructure SIP requirements in CAA                  affect small governments, as described                circuit by December 21, 2015. Filing a
                                                sections 110(a)(2)(E)(ii).                              in the Unfunded Mandates Reform Act                   petition for reconsideration by the
                                                   We are publishing this action without                of 1995 (Pub. L. 104–4);                              Administrator of this final rule does not
                                                prior proposal because we view this as                     • Does not have Federalism                         affect the finality of this action for the
                                                a noncontroversial amendment and                        implications as specified in Executive                purposes of judicial review nor does it
                                                anticipate no adverse comments.                         Order 13132 (64 FR 43255, August 10,                  extend the time within which a petition
                                                However, in the proposed rules section                  1999);                                                for judicial review may be filed, and
                                                of this Federal Register publication, we                   • Is not an economically significant               shall not postpone the effectiveness of
                                                are publishing a separate document that                 regulatory action based on health or                  such rule or action. Parties with
                                                will serve as the proposal to approve the               safety risks subject to Executive Order               objections to this direct final rule are
                                                state plan if relevant adverse written                  13045 (62 FR 19885, April 23, 1997);                  encouraged to file a comment in
                                                comments are filed. This rule will be                      • Is not a significant regulatory action           response to the parallel notice of
                                                effective December 21, 2015 without                     subject to Executive Order 13211 (66 FR               proposed rulemaking for this action
                                                further notice unless we receive relevant               28355, May 22, 2001);                                 published in the proposed rules section
                                                adverse written comments by November                       • Is not subject to requirements of                of this Federal Register, rather than file
                                                19, 2015. If we receive such comments,                  Section 12(d) of the National                         an immediate petition for judicial
                                                we will withdraw this action before the                 Technology Transfer and Advancement                   review of this direct final rule, so that
                                                effective date by publishing a                          Act of 1995 (15 U.S.C. 272 note) because              EPA can withdraw this direct final rule
                                                subsequent document that will                           application of those requirements would               and address the comment in the
                                                withdraw the final action. All public                   be inconsistent with the Clean Air Act;               proposed rulemaking. This action may
                                                comments received will then be                          and                                                   not be challenged later in proceedings to
                                                addressed in a subsequent final rule                       • Does not provide EPA with the                    enforce its requirements. (See section
                                                based on the proposed action. EPA will                  discretionary authority to address, as                307(b)(2).)
                                                not institute a second comment period.                  appropriate, disproportionate human
                                                Any parties interested in commenting                    health or environmental effects, using                List of Subjects in 40 CFR Part 52
                                                on this action should do so at this time.               practicable and legally permissible                     Environmental protection, Air
                                                If we do not receive any comments, this                 methods, under Executive Order 12898                  pollution control, Incorporation by
                                                action will be effective December 21,                   (59 FR 7629, February 16, 1994).                      reference, Intergovernmental relations,
                                                2015.                                                      In addition, the SIP is not approved               Lead, Particulate matter, Reporting and
                                                                                                        to apply on any Indian reservation land               recordkeeping requirements.
                                                IV. Statutory and Executive Order                       or in any other area where EPA or an
                                                Reviews                                                                                                         Dated: October 5, 2015.
                                                                                                        Indian tribe has demonstrated that a
                                                                                                                                                              Susan Hedman,
                                                  Under the CAA, the Administrator is                   tribe has jurisdiction. In those areas of
                                                                                                                                                              Regional Administrator, Region 5.
                                                required to approve a SIP submission                    Indian country, the rule does not have
                                                that complies with the provisions of the                tribal implications and will not impose                   40 CFR part 52 is amended as follows:
                                                CAA and applicable Federal regulations.                 substantial direct costs on tribal
                                                42 U.S.C. 7410(k); 40 CFR 52.02(a).                     governments or preempt tribal law as                  PART 52—APPROVAL AND
                                                Thus, in reviewing SIP submissions,                     specified by Executive Order 13175 (65                PROMULGATION OF
                                                EPA’s role is to approve state choices,                 FR 67249, November 9, 2000).                          IMPLEMENTATION PLANS
                                                provided that they meet the criteria of                    The Congressional Review Act, 5
                                                                                                                                                              ■ 1. The authority citation for part 52
                                                the CAA. Accordingly, this action                       U.S.C. 801 et seq., as added by the Small
                                                                                                                                                              continues to read as follows:
                                                merely approves state law as meeting                    Business Regulatory Enforcement
                                                Federal requirements and does not                       Fairness Act of 1996, generally provides                  Authority: 42 U.S.C. 7401 et seq.
                                                impose additional requirements beyond                   that before a rule may take effect, the               ■ 2. In § 52.1170, the table in paragraph
                                                those imposed by state law. For that                    agency promulgating the rule must                     (e) is amended by revising the entries
                                                reason, this action:                                    submit a rule report, which includes a                for ‘‘Section 110(a)(2) Infrastructure
                                                  • Is not a ‘‘significant regulatory                   copy of the rule, to each House of the                Requirements for the 2006 24-Hour
                                                action’’ subject to review by the Office                Congress and to the Comptroller General               PM2.5 NAAQS’’ and ‘‘Section 110(a)(2)
                                                of Management and Budget under                          of the United States. EPA will submit a               Infrastructure Requirements for the 2008
                                                Executive Orders 12866 (58 FR 51735,                    report containing this action and other               lead (Pb) NAAQS’’ to read as follows:
                                                October 4, 1993) and 13563 (76 FR 3821,                 required information to the U.S. Senate,
                                                January 21, 2011);                                      the U.S. House of Representatives, and                § 52.1170    Identification of plan.
                                                  • Does not impose an information
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                                                                                                        the Comptroller General of the United                 *       *    *      *     *
                                                collection burden under the provisions                  States prior to publication of the rule in                (e) * * *




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                                                63454            Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations

                                                                         EPA-APPROVED MICHIGAN NONREGULATORY AND QUASI-REGULATORY PROVISIONS
                                                                                  Applicable
                                                 Name of nonregulatory          geographic or           State submittal date            EPA approval date                               Comments
                                                    SIP provision               nonattainment
                                                                                    area


                                                          *                      *                        *                           *                     *                        *                      *
                                                Section 110(a)(2) Infra-      Statewide ..........   8/15/2011, 7/9/2012,               10/20/2015, [Insert Fed-      This action addresses the following CAA
                                                  structure Require-                                 7/10/2014 ......................     eral Register citation].      elements: 110(a)(2)(A), (B), (C), (D)(i)(II),
                                                  ments for the 2006                                                                                                    (D)(ii), (E), (F), (G), (H), (J), (K), (L), and
                                                  24-Hour PM2.5                                                                                                         (M). We are not taking action on the visi-
                                                  NAAQS.                                                                                                                bility protection requirements of (D)(i)(II).
                                                                                                                                                                        We will address this requirements in a
                                                                                                                                                                        separate action.

                                                          *                      *                        *                           *                     *                       *                       *
                                                Section 110(a)(2) Infra-      Statewide ..........   4/3/2012, 8/9/2013,                10/20/2015, [insert Fed-      This action addresses the following CAA
                                                  structure Require-                                 7/10/2014 ......................     eral Register citation].      elements: 110(a)(2)(A), (B), (C), (D), (E),
                                                  ments for the 2008                                                                                                    (F), (G), (H), (J), (K), (L), and (M).
                                                  lead (Pb) NAAQS.



                                                [FR Doc. 2015–26312 Filed 10–19–15; 8:45 am]            were placed in service in December                           continues to be primarily operated and
                                                BILLING CODE 6560–50–P                                  1964.                                                        administered under the DVSA. The
                                                                                                           In 1971, the VISTA program was                            other two AmeriCorps programs are
                                                                                                        transferred from the Office of Economic                      operated under the National and
                                                CORPORATION FOR NATIONAL AND                            Opportunity to the former Federal                            Community Service Act of 1990
                                                COMMUNITY SERVICE                                       agency, ACTION (the Federal Domestic                         (NCSA).
                                                                                                        Volunteer Agency). In 1973, Congress                           In 2009, Congress enacted the Edward
                                                45 CFR Parts 1206, 1210, 1211, 1216,                    enacted the Domestic Volunteer Service                       M. Kennedy Serve America Act of 2009
                                                1217, 1218, 1220, 1222, 1226, and 2556                  Act of 1973 (DVSA), the VISTA                                (Serve America Act), which contained
                                                                                                        program’s enabling legislation. The                          certain amendments to both the DVSA
                                                RIN 3045–AA36                                                                                                        and the NCSA. With regard to the
                                                                                                        VISTA program continues to retain its
                                                Volunteers in Service to America                        purpose, as stated in the DVSA, ‘‘to                         VISTA program, the Serve America Act
                                                                                                        strengthen and supplement efforts to                         amendments largely related to the Segal
                                                AGENCY:  Corporation for National and                   eliminate and alleviate poverty and                          AmeriCorps Education Award, a type of
                                                Community Service.                                      poverty-related problems in the United                       end-of-service award for which a VISTA
                                                ACTION: Final rule.                                     States by encouraging and enabling                           member may be eligible upon successful
                                                                                                        individuals from all walks of life, all                      completion of a term of VISTA service.
                                                SUMMARY:  The Corporation for National                  geographical areas, and all age groups,
                                                and Community Service (CNCS)                                                                                         II. Scope of Final Rule
                                                                                                        including low-income individuals,
                                                publishes new regulations under the                                                                                     This rule covers core aspects of the
                                                                                                        elderly and retired Americans, to
                                                Domestic Volunteer Service Act of 1973,                                                                              VISTA program: (a) Entities that are
                                                                                                        perform meaningful and constructive
                                                as amended, and the National and                                                                                     sponsors for VISTA projects; and (b)
                                                                                                        volunteer service in agencies,                               individuals who are applicants,
                                                Community Service Act of 1990, as                       institutions, and situations where the
                                                amended, for the Volunteers in Service                                                                               candidates, and VISTAs (including
                                                                                                        application of human talent and                              VISTA leaders and VISTA summer
                                                to America (VISTA) program, including                   dedication may assist in the solution of
                                                certain changes to update existing                                                                                   associates), serving at project sites. This
                                                                                                        poverty and poverty-related problems                         rule has four purposes.
                                                regulations.                                            and secure and exploit opportunities for                        First, it conforms the existing
                                                DATES:   This rule is effective January 19,             self-advancement by individuals                              regulations to the fact that CNCS
                                                2016.                                                   afflicted with such problems.’’                              administers the VISTA program.
                                                FOR FURTHER INFORMATION CONTACT:                           In 1994, the Corporation for National                     References in the existing regulations to
                                                Calvin Dawson, AmeriCorps VISTA, at                     and Community Service (CNCS) was                             the former Federal agency, ACTION,
                                                the Corporation for National and                        established pursuant to the National and                     and the administrative structure of
                                                Community Service, 1201 New York                        Community Service Trust Act of 1993;                         ACTION are changed to reflect CNCS
                                                Avenue NW., Washington, DC 20525,                       at this time, the operations of all service                  and its administrative structure.
                                                phone 202–606–6897. The TDD/TTY                         programs previously administered by                             Second, this rule codifies the VISTA
                                                number is 800–833–3722.                                 ACTION, including the VISTA program,                         rules in the same location as the rules
                                                SUPPLEMENTARY INFORMATION:                              began to be administered by CNCS. The                        for CNCS’s other programs. The existing
                                                                                                        VISTA program also became known as                           VISTA regulations are codified at 45
                                                I. Background                                           the AmeriCorps VISTA program, one of                         CFR parts 1206, 1210, 1211, 1216–1220,
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                                                  The Economic Opportunity Act of                       three AmeriCorps programs now                                1222, and 1226. This rule places the
                                                1964 created the Volunteers in Service                  administered by CNCS. The other two                          VISTA regulations within the
                                                to America (VISTA) program. The                         programs were, and continue to be: (1)                       regulations for CNCS and the other
                                                VISTA program, sometimes referred to                    The AmeriCorps State and National                            CNCS programs at 45 CFR parts 2505–
                                                as the domestic Peace Corps, has                        program; and (2) the AmeriCorps                              2556.
                                                operated since the first VISTA                          National Civilian Community Corps                               On a related note, existing program
                                                volunteers (VISTAs or VISTA members)                    (NCCC). Since 1994, the VISTA program                        regulations at 45 CFR parts 1206, 1216,


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Document Created: 2015-12-14 15:24:59
Document Modified: 2015-12-14 15:24:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule will be effective December 21, 2015, unless EPA receives adverse comments by November 19, 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.
ContactSarah Arra, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-9401, [email protected]
FR Citation80 FR 63451 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Particulate Matter and Reporting and Recordkeeping Requirements

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