

[Federal Register: September 6, 2006 (Volume 71, Number 172)]
[Rules and Regulations]               
[Page 52460-52483]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06se06-21]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2006-0337-200613(f); FRL-8216-7]

 
Approval and Promulgation of Implementation Plans for Kentucky: 
Air Permit Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is now taking final action to approve two of four 
requested revisions to the State Implementation Plan (SIP) for the 
Commonwealth of Kentucky submitted to EPA on March 15, 2001. The two 
revisions being approved today regard two main changes to Kentucky's 
rules. The first change involves the removal and separation of rule 401 
Kentucky Administrative Regulations (KAR) 50:035 (``Permits'') into 
three separate rules under a new Chapter 52 (Permits, Registrations, 
and Prohibitory Rules). Specifically, these rules are 52:001 
(Definitions for 401 KAR Chapter 52), 52:030 (Federally-enforceable 
permits for non-major sources), and 52:100 (``Public, affected state, 
and U.S. EPA review''). The second change involves corrections to 
grammatical errors in rule 50:032 (``Prohibitory Rule for Hot Mix 
Asphalt Plants'') and the removal of rule 50:032 from Chapter 50 and 
adding it to Chapter 52, under 52:090 (``Prohibitory Rule for Hot Mix 
Asphalt Plants''). This final action also responds to adverse comments 
submitted in response to EPA's proposed rule published on December 30, 
2002. This final action does not address the removal of 401 KAR 50:030 
(``Registration of Sources'') or changes made to 401 KAR 52:080 
(``Regulatory limit on potential to emit''), that was part of the March 
15, 2001, submittal, but which will be addressed in a separate action.

DATES: Effective Date: This rule will be effective October 6, 2006.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2006-0337. All documents in the docket 
are listed on the http://www.regulations.gov Web site. Although listed in the 

index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically through 
http://www.regulations.gov or in hard copy at the Regulatory Development 

Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all 
possible, you contact the person listed in the FOR FURTHER INFORMATION 
CONTACT section to schedule your inspection. The Regional Office's 
official hours of business are Monday through Friday, 8:30 to 4:30, 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: James Hou, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 
562-8965. Mr. Hou can also be reached via electronic mail at 
Hou.James@epa.gov.


SUPPLEMENTARY INFORMATION:

I. Today's Action
II. Background
III. Comment and Response
IV. Final Action
V. Statutory and Executive Order Reviews

I. Today's Action

    EPA is now taking final action to approve two of four requested 
revisions to the (SIP) for the Commonwealth of Kentucky submitted to 
EPA on March 15, 2001, and clarified in a letter dated July 18, 2001. 
The SIP submittal and the letter-clarification were submitted by the 
Kentucky Department for Environmental Protection, Division of Air 
Quality. The two revisions being approved today regard two main changes 
to Kentucky's rules. The first change involves the removal and 
separation of rule 401 Kentucky Administrative Regulations (KAR) 50:035 
(``Permits'') into three separate rules under a new Chapter 52 
(Permits, Registrations, and Prohibitory Rules). Specifically, these 
rules are 52:001 (Definitions for 401 KAR Chapter 52), 52:030 
(``Federally-enforceable permits for non-major sources''), and 52:100 
(``Public, affected state, and U.S. EPA review''). The second change 
involves corrections to grammatical errors in rule 50:032 
(``Prohibitory Rule for Hot Mix Asphalt Plants'') and the removal of 
rule 50:032 from Chapter 50 and adding it to Chapter 52, under 52:090 
(``Prohibitory Rule for Hot Mix Asphalt Plants''). Today's final action 
also responds to one set of adverse comments submitted in response to 
EPA's proposed rule published on December 30, 2002 (67 FR 79543). 
Today's final action does not address the removal of 401 KAR 50:030

[[Page 52461]]

(``Registration of Sources'') or changes made to 401 KAR 52:080 
(``Regulatory limit on potential to emit''), which will be addressed in 
a separate action. Therefore, today's final action approves a total of 
four rules into the Kentucky SIP; 401 KAR 52:001, 401 KAR 52:030, 401 
KAR 52:090, and 401 KAR 52:100 and the removal of rules 401 KAR 50:032 
and 401 KAR 50:035. This final action is consistent with section 110 of 
the Clean Air Act.

II. Background

    On December 30, 2002, EPA simultaneously published a proposed rule 
(67 FR 79543, December 30, 2002) and a direct final rule (67 FR 79523, 
December 30, 2002) to approve the above described revisions to the 
Kentucky SIP, submitted by Kentucky on March 15, 2001. Because EPA 
received one set of adverse comments during the public comment period, 
EPA withdrew the direct final rule on February 10, 2003 (68 FR 6629). 
Today, EPA is taking final action on the Kentucky SIP revisions 
proposed for approval on December 30, 2002, as well as responding to 
the set of adverse comments received on that proposed action, with the 
exception of the portions of the March 15, 2001, submittal noted above.

III. Response to Comments

    EPA received comments from one commenter who opposed the proposed 
revision to the Kentucky SIP published on December 30, 2002 (67 FR 
79543). A summary of the adverse comments received on the proposed rule 
and EPA's response to the comments, is presented below.
    Comment: The commenter requests that EPA: (1) Reject approval of 
401 KAR 52:001 and 401 KAR 52:100 and reject incorporation of these 
provisions into 40 Code of Federal Regulations (CFR) Part 52, Subpart 
S; (2) provide an additional comment period if EPA proposes to approve 
any non-emergency amendment of 40 CFR part 52, subpart S; (3) command 
that all prevention of significant deterioration (PSD) portions of 40 
CFR part 124 apply to PSD permitting actions by Kentucky; and (4) 
cancel all authority that EPA gave to Kentucky to issue PSD permits.
    Response: The following response will address each of the issues 
raised in the above comment in turn. First, the provisions contained in 
401 KAR 52:001 (``Definitions for 401 KAR Chapter 52'') and 401 KAR 
52:100 (``Public, affected state, and U.S. EPA review'') are required 
to be a part of the Kentucky SIP. Both the definitions and the public 
review provisions are consistent with federal requirements for the 
programs to which they apply. Therefore, the proposed rules are 
approvable into the Kentucky SIP. As a point of clarification, 401 KAR 
52:001 and 52:100 relate specifically to Kentucky's Clean Air Act (CAA) 
title V permit program and Kentucky's Federally Enforceable State 
Operating Permit (FESOP) program. Kentucky's PSD permit rules, found in 
401 KAR Chapter 51, refer to the public review provisions of 401 KAR 
52:100, but only to the extent that such provisions are more stringent 
than the public review provisions found in the federal rule, 40 CFR 
51.166(q).
    Second, the Kentucky SIP, like many other SIPs, is regularly 
amended. Most recently, EPA proposed revisions to the Kentucky SIP on 
February 10, 2006 (71 FR 6988). This revision dealt specifically with 
Kentucky's PSD regulations. No public comments were received. The 
commenter failed to state any reason why the comment period for the 
present proposal (67 FR 79543) should be reopened.
    Third, the commenter's request to expand the applicability of 40 
CFR part 124 is not relevant to the present action which does not 
propose any changes to 40 CFR part 124. 40 CFR part 124 governs EPA 
procedures for certain permit actions (e.g., issuance, termination), 
but it does not apply to PSD permits issued by approved state agencies 
(40 CFR 124.1(e)). Rather, the public review procedures of PSD permits 
issued by an approved state are governed by 40 CFR 51.166(q). 
Kentucky's PSD regulations (401 KAR 51:017) require that Kentucky 
follow the public review procedures in 40 CFR 51.166(q), and any more 
stringent requirements existing in 401 KAR 52:100.
    Fourth, the present action does not relate to Kentucky's authority 
to issue PSD permits, and therefore, EPA cannot ``cancel'' Kentucky's 
authority to issue PSD permits at this time.
    Comment: EPA must act to provide a ``swift and certain remedy,'' 
(1) where KAR is different from 40 CFR 52.21(b) through (w); or (2) 
where KAR provides less effective technical environmental protection, 
less effective opportunity for public participation in the permitting 
process, or less effective legal forums and processes for review of 
questioned decisions.
    Response: The proposed SIP revision at issue (67 FR 79543) relates 
only to specific portions of the KAR and it does not relate to 
Kentucky's PSD regulations. Therefore, the comment is not relevant to 
the proposed action. Nonetheless, as a point of clarification, 40 CFR 
52.21 contains the Federal PSD program (i.e., if EPA were administering 
the PSD program). States may meet the requirements of the federal 
regulations with different but equivalent rules. As noted earlier, 
Kentucky recently revised its PSD program. That revision was noticed in 
the Federal Register and no public comments were received. It is not 
clear from the comment what ``swift and certain remedy'' the commenter 
requests EPA to take, but the comment is not relevant to the proposed 
action at issue at this time.
    Comment: 401 KAR 52:100 is patently and callously contemptuous of 
the intent of the Federal Clean Air Act.
    Response: The commenter fails to provide information demonstrating 
how 401 KAR 52:100 is ``contemptuous'' of the Clean Air Act (CAA). 401 
KAR 52:100 is consistent with federal regulations promulgated pursuant 
to EPA's authority under the Clean Air Act.
    Comment: There appears to be no parallel in the CAA or the CFR to 
401 KAR 52:100, Section 2(3)(c), which grants the applicant ten (10) 
days of exclusive lawful speech. The commenter believes that this 
provision is not consistent with the CAA and 40 CFR 124.13. The 
commenter also believes that if the applicant cannot comment within the 
same timeframe as the public, then the PSD permit should not be issued 
to the applicant.
    Response: As noted earlier, the provisions included in 40 CFR part 
124 do not apply to the issuance of PSD permits by approved states. 
With regard to the comment about 401 KAR 52:100, Section 2(3)(c), a 
state may satisfy the Federal regulations with different but equivalent 
regulations, and a state may include additional procedures not included 
in the Federal regulations so long as the rule is not less stringent. 
This provision is not less stringent and does not impact the public's 
ability to comment on the proposed action. 401 KAR 52:100 is equivalent 
to the Federal regulations for the programs to which it applies and it 
is approvable into the Kentucky SIP.
    As a point of clarification, this additional comment period is not 
an opportunity for the applicant to comment on the proposed permit, but 
rather, an opportunity for the applicant to respond to public comments 
received during the public comment period. This response to comments by 
the applicant is discretionary (i.e., the applicant may or may not 
actually provide such comments). Further, the response by the applicant 
is useful for both the reviewing agency and the public because it 
establishes a forum in which

[[Page 52462]]

the applicant is responding to the public's concerns. The response to 
comments document is made part of the public record. Many state 
permitting programs include this provision to allow for a forum in 
which the applicant can respond to public comments and assist in public 
understanding of the issues in the application.
    Comment: There appears to be no effective provision in 401 KAR 
52:100 for extension of comment time. The commenter references 40 CFR 
124.13, which allows for a comment period longer than 30 days to give 
reasonable opportunity to reply if such a need for time is 
demonstrated.
    Response: As a general matter, the provisions of 40 CFR part 124 
apply only to EPA and not to approved states. For state approved 
programs, such as CAA title V or PSD permit programs, the applicable 
public participation regulations are found in the federal regulations 
applicable to that specific state approved program. For example, for 
title V purposes, state programs must comply with the public 
participation provisions described in 40 CFR part 70; for PSD purposes, 
state programs must comply with the public participation provisions 
described in 40 CFR 51.166(q). 401 KAR 52:100 is consistent with the 
federal regulations for the programs to which it applies.
    Comment: The commenter expresses that Section 3 of 401 KAR 52:100 
is written as if a public hearing is optional. The commenter refers to 
the CAA and suggests that a hearing is obligated for many PSD matters.
    Response: Kentucky's PSD regulations (401 KAR 51:017) require that 
the permitting authority follow the applicable procedures of 40 CFR 
51.166(q) and 401 KAR 52:100.
    Comment: The commenter states that citizens, in an area where a new 
major source is to be located or where an existing source is requesting 
a major modification, should be entitled and informed of the public 
participation process including five elements. These elements obligate 
a hearing if there is a request; affords time, such as at least 30 
calendar days prior to the hearing during which citizens may 
familiarize themselves with the draft, the technical support of the 
draft, and the application; grant to anyone who makes some cogent 
timely comment, the legal standing right to appeal any issue raised by 
anyone's cogent timely comment; obligate that if a cogent technical 
comment is made orally at the hearing, that it has the full force of 
law and that it need not be submitted by the speaker in writing in 
order to be an item preserved for review (although encouraging written 
submissions for accuracy and courtesy to the permitting agency is 
proper), and; afford time, such as at least 12 calendar days following 
the hearing, during which citizens may timely file written comment on 
the draft after having had the opportunity to have heard the matters 
expressed in the hearing. The commenter further requests that EPA 
initiate rulemaking for various regulatory permit programs to 
``codify'' certain public participation elements.
    Response: With regard to the actions at issue at this time, 
Kentucky's provisions are equivalent to applicable federal regulations. 
Therefore, Kentucky's rules proposed for inclusion into the SIP are 
approvable by EPA.
    Comment: The commenter expresses that Section 5 of 401 KAR 52:100 
does not contain ``identical, synonymous, or superior text as a notice 
requirement.'' The commenter points to a January 2002 legal notice 
published by the Kentucky Division for Air Quality (KDAQ) as an example 
of a deficient public notice.
    Response: In accordance with Kentucky's rules, public notice and 
participation on PSD permits is governed by 40 CFR 51.166(q). It is 
unclear whether the commenter believes that the KDAQ January 2002 legal 
notice fails to comply with the provisions in the Kentucky rules which 
apply to such notices. Nonetheless, the SIP action proposed by EPA on 
December 30, 2002, does not relate to the January 2002 public notice on 
a PSD permit discussed by the commenter. Comments regarding specific 
PSD permits and corresponding public notices should be raised during 
the public comment period on that permit and addressed to the agency 
responsible for issuing that permit. This comment is not relevant to 
the action at issue at this time.
    Comment: The commenter asserts that the requirements of 40 CFR 
51.166 are ``terse to the point of near meaninglessness'' and do not 
comply with Congressional intent for public participation. The 
commenter makes a similar statement regarding portions of 40 CFR part 
124. The commenter gives specific examples of what a public notice 
could include.
    Response: Neither of the provisions cited by the commenter are at 
issue in this final action regarding Kentucky's SIP. Both provisions 
are final federal rules that have been in effect for years. Comments 
regarding federal rules should have been provided within the timeframes 
for challenging such rules (i.e., when EPA proposes changes to federal 
rules, comments must be submitted within the stated timeframes in order 
to be considered by EPA for that rulemaking). The present action will 
have no impact on 40 CFR 51.166 or 40 CFR part 124.
    Comment: The commenter notes that Section 2(4) of 401 KAR 52:100 
will make public comments available upon request and believes the 
comments may be abridged, which does not meet the requirements set 
forth in 40 CFR 51.166.
    Response: The commenter appears confused about the application of 
401 KAR 52:100 to different air permit programs. As noted earlier, 
Kentucky's PSD permitting regulations require that the permitting 
authority follow the provisions described in 40 CFR 51.166 for public 
participation. 401 KAR 52:100 applies specifically to CAA title V 
operating permits (401 KAR 52:020) and Federally Enforceable State 
Operating Permits (FESOPs) (401 KAR 52:030). The language included in 
401 KAR 52:100 is equivalent to federal regulations regarding public 
participation for the programs to which it applies. Therefore, the 
regulations proposed by Kentucky for inclusion in the Kentucky SIP are 
approvable.
    Comment: The commenter states that much of 401 KAR 52:001 does not 
meet requirements established in 40 CFR 51.166(a). The commenter 
identifies several examples where the commenter believes that 
definitions in 401 KAR 52:001 are less stringent than the federal 
definitions, or otherwise problematic. As examples, the commenter cites 
to the definition of ``electric utility steam generating unit,'' 
``commence,'' and ``major modification.''
    Response: Kentucky's PSD permitting definitions are found in 401 
KAR 51:001, not 52:001. Kentucky's rules, including 401 KAR 52:001, are 
equivalent to the applicable federal regulations, and are approvable 
into the Kentucky SIP. Notably, the definitions included in Kentucky's 
PSD permit program (401 KAR Chapter 51) were recently revised by 
Kentucky to include new regulations promulgated by EPA in December, 
2002. EPA published a notice regarding Kentucky's PSD program in the 
Federal Register on February 10, 2006 (71 FR 9688); no public comments 
were received on that proposed action. EPA took final action to approve 
those changes on July 11, 2006 (71 FR 38990).
    Comment: With regard to a statement in 67 FR 79524 (the direct 
final rule that was withdrawn), the commenter states that ``[t]he 
people are reasonably entitled to review EPA's work again prior to EPA 
granting any additional misplaced authority to a rogue state.''
    Response: The procedure followed by EPA in the present action 
included the simultaneous publication of both a direct final rule (67 
FR 79524, December 30, 2002) and a proposed rule (67 FR

[[Page 52463]]

79543, December 30, 2002). As noted in the direct final action, when 
EPA receives adverse comments on direct final rules, EPA withdraws the 
direct final rule and issues a final rule based on the simultaneously 
published proposed rule. EPA withdrew the direct final rule on February 
10, 2003 (68 FR 6629). EPA's review of the proposed SIP revision by 
Kentucky was comprehensive. EPA is now taking final action based on the 
proposal, and addressing the one set of adverse comments received on 
the proposed action.
    Comment: The commenter states that 67 FR 79523 and 79543 are devoid 
of explanation for the proposed addition of 401 KAR 52:001 and 401 KAR 
52:100. The commenter further notes that 40 CFR part 52, subpart S is 
defective.
    Response: EPA disagrees with the commenter's statement. The two 
Federal Register notices cited by the commenter include specific 
information regarding what actions are being taken by EPA. The Kentucky 
SIP contains rules that are equivalent to the applicable Federal rules. 
The commenter fails to provide any reason why 40 CFR part 52, subpart S 
is defective.
    Comment: The commenter states that Kentucky should be sanctioned 
for having acted in contempt of the CAA.
    Response: The commenter has not provided any information 
demonstrating how Kentucky has acted in ``contempt'' of the CAA. This 
comment does not appear relevant to the action proposed by EPA 
regarding the Kentucky SIP. EPA disagrees with the commenter's 
conclusion regarding sanctions.
    Comment: The commenter states that there can be no doubt that 
Kentucky knowingly and intentionally submitted to EPA rules that 
provide less effective technical environmental protection; less 
effective opportunity for informed public participation in the 
permitting process; and less effective legal forums and processes for 
review of questioned decisions than that given to those where 40 CFR 
52.21 and 40 CFR part 124 are fully applicable to PSD permits.
    Response: EPA has no information or evidence suggesting that 
Kentucky has knowingly and intentionally violated any provision of the 
CAA or its implementing regulations. As noted earlier, 40 CFR part 124 
does not apply to PSD permits issued by state permitting authorities 
and likewise, the provisions in 40 CFR 52.21 govern only EPA issuance 
of PSD permits.
    Comment: The commenter appears to state concern regarding the time 
that EPA took to review the Kentucky SIP revision at issue.
    Response: In reviewing the Kentucky SIP revision at issue, EPA 
followed its SIP processing guidance, its regulations at 40 CFR part 
51, Appendix V, and the requirements of Section 110 of the Clean Air 
Act.

IV. Final Action

    EPA is now taking final action to approve two of four requested 
revisions to the SIP for the Commonwealth of Kentucky submitted to EPA 
on March 15, 2001. The first revision being approved regards the 
removal and separation of rule 401 Kentucky Administrative Regulations 
(KAR) 50:035 (``Permits'') into three separate rules under a new 
Chapter 52 (Permits, Registrations, and Prohibitory Rules). 
Specifically, these rules are 52:001 (Definitions for 401 KAR Chapter 
52), 52:030 (Federally-enforceable permits for non-major sources), and 
52:100 (``Public, affected state, and U.S. EPA review''). The second 
change involves corrections to grammatical errors in rule 50:032 
(``Prohibitory Rule for Hot Mix Asphalt Plants'') and the removal of 
rule 50:032 from Chapter 50 and adding it to Chapter 52, under 52:090 
(``Prohibitory Rule for Hot Mix Asphalt Plants'').

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have federalism 
implications because it does not have substantial direct effects on the 
states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
Commonwealth to use voluntary consensus standards (VCS), EPA has no 
authority to disapprove a SIP submission for failure to use VCS. It 
would thus be inconsistent with applicable law for EPA, when it reviews 
a SIP submission, to use VCS in place of a SIP submission that 
otherwise satisfies the provisions of the Clean Air Act. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule 
does not impose an information collection burden under the provisions 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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 rule 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).

[[Page 52464]]

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 6, 2006. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. See Clean Air Act section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ozone, Reporting 
and recordkeeping requirements, Volatile organic compounds.

    Dated: August 25, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart S--Kentucky

0
2. Section 52.920(c) Table 1 is amended:
0
a. In paragraph (c) by removing entries for 401 KAR 50:035 titled 
``Permits'' and 401 KAR 50:032 titled ``Prohibitory rule for hot mix 
asphalt plants'',
0
b. In paragraph (c) adding in numerical order a new chapter heading 
``Chapter 52 Permits, Registrations, and Prohibitory Rules'' and 
entries for 401 KAR 52:001 titled ``Definitions for 401 KAR Chapter 
52'', 401 KAR 52:030 titled ``Federally enforceable permits for non-
major sources'', 401 KAR 52:090 titled ``Prohibitory rule for hot mix 
asphalt plants'' and 401 KAR 52:100 titled ``Public, affected state, 
and U.S. EPA review'' to read as follows:


Sec.  52.920  Identification of plan.

* * * * *
    (c) * * *

                                   Table 1.--EPA-Approved Kentucky Regulations
----------------------------------------------------------------------------------------------------------------
                                                            State
          State citation               Title/subject      effective     EPA approval date        Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------
                                                 * * * * * * *
                            Chapter 52 Permits, Registrations, and Prohibitory Rules
----------------------------------------------------------------------------------------------------------------
401 KAR 52:001...................  Definitions for 401      01/15/01  09/06/06 [Insert
                                    KAR Chapter 52.                    citation of
                                                                       publication].
401 KAR 52:030...................  Federally                01/15/01  09/06/06 [Insert
                                    enforceable permits                citation of
                                    for non-major                      publication].
                                    sources.
401 KAR 52:090...................  Prohibitory rule for     01/15/01  09/06/06 [Insert
                                    hot mix asphalt                    citation of
                                    plants.                            publication].
401 KAR 52:100...................  Public, affected         01/15/01  09/06/06 [Insert
                                    state, and U.S. EPA                citation of
                                    review.                            publication].
----------------------------------
                                                         40 CFR Part
                                                                  52
[EPA-R05-OAR-2006-0436; FRL-8214-
 2]
                  AGENCY:
                   Environmental
                   Protection
                   Agency (EPA)..

                  ACTION: Direct
                   final rule..
                  SUMMARY: The
                   Environmental
                   Protection
                   Agency (EPA)
                   is approving a
                   January 4,
                   2006, request
                   from Illinois
                   for a site
                   specific
                   revision to
                   the State
                   Implementation
                   Plan (SIP) for
                   the Ford Motor
                   Company
                   (Ford). The
                   revision will
                   allow Ford to
                   discontinue
                   use of its
                   Stage II vapor
                   recovery
                   system (Stage
                   II) at its
                   Chicago
                   Assembly
                   Plant. In
                   place of Stage
                   II, Ford will
                   comply with
                   the standards
                   of the federal
                   onboard
                   refueling
                   vapor recovery
                   (ORVR)
                   regulations,
                   as well as
                   meet other
                   minor
                   conditions.
                   The exclusive
                   use of ORVR
                   will provide
                   at least an
                   equivalent
                   amount of
                   gasoline vapor
                   capture as
                   Stage II..

                  DATES: This
                   direct final
                   rule will be
                   effective
                   November 6,
                   2006, unless
                   EPA receives
                   adverse
                   comments by
                   October 6,
                   2006. 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-20
                   06-0436, by
                   one of the
                   following
                   methods:.
 http://
 www.regulations.gov: Follow the

 on-line instructions for
 submitting comments.
 E-mail:
mooney.john@epa.gov.
 Fax: (312) 886-5824.
 Mail: John M. Mooney,
 Chief, Criteria Pollutant
 Section, Air Programs Branch (AR-
 18J), U.S. Environmental
 Protection Agency, 77 West
 Jackson Boulevard, Chicago,
 Illinois 60604.
 Hand Delivery: John M.
 Mooney, Chief, Criteria
 Pollutant Section, Air Programs
 Branch (AR-18J), U.S.
 Environmental Protection Agency,
 77 West Jackson Boulevard,
 Chicago, Illinois 60604. Such
 deliveries are only accepted
 during the Regional Office
 normal hours of operation, and
 special arrangements should be
 made for deliveries of boxed
 information. The Regional Office
 official hours of business are
 Monday through Friday, 8:30 a.m.
 to 4:30 p.m. excluding Federal
 holidays.
Instructions: Direct your
 comments to Docket ID No. EPA-
 R05-OAR-2006-0436. EPA's policy
 is that all comments received
 will be included in the public
 docket without change and may be
 made available online at http://
 www.regulations.gov, including

 any personal information
 provided, unless the comment
 includes information claimed to
 be Confidential Business
 Information (CBI) or other
 information

[[Page 52465]]

whose disclosure is restricted by statute. Do not submit information
document.Docket: All documents in
 the docket are listed in the
 http://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 http://
 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 legal holidays. We
 recommend that you telephone
 Julie Henning, Environmental
 Protection Specialist, at (312)
 886-4882 before visiting the
 Region 5 office.

                  FOR FURTHER
                   INFORMATION
                   CONTACT: Julie
                   Henning,
                   Environmental
                   Protection
                   Specialist,
                   State and
                   Tribal
                   Planning
                   Section, Air
                   Programs
                   Branch (AR-
                   18J),
                   Environmental
                   Protection
                   Agency, Region
                   5, 77 West
                   Jackson
                   Boulevard,
                   Chicago,
                   Illinois
                   60604, (312)
                   886-4882,
                   henning.julie@
                   epa.gov..

                  SUPPLEMENTARY
                   INFORMATION:
                   Throughout
                   this document
                   whenever
                   ``we,''
                   ``us,'' or
                   ``our'' is
                   used, we mean
                   EPA. This
                   supplementary
                   information
                   section is
                   arranged as
                   follows:.

I. What Should I Consider as I
 Prepare My Comments for EPA?
II. Why Did Ford Request an
 Adjusted Standard from the
 State?
III. What Are the Environmental
 Effects of This Action?
IV. What Action Is EPA Taking
 Today?
V. Statutory and Executive Order
 Reviews

Do not submit this information to
 EPA through http://www.regulations.gov
 or e-mail. Clearly mark the part

 or all of the information that
 you claim to be CBI. For CBI
 information in a disk or CD ROM
 that you mail to EPA, mark the
 outside of the disk or CD ROM as
 CBI and then identify
 electronically within the disk
 or CD ROM the specific
 information that is claimed as
 CBI). In addition to one
 complete version of the comment
 that includes information
 claimed as CBI, a copy of the
 comment that does not contain
 the information claimed as CBI
 must be submitted for inclusion
 in the public docket.
 Information so marked will not
 be disclosed except in
 accordance with procedures set
 forth in 40 CFR part 2.
When submitting comments,
 remember to:
1. Identify the rulemaking by
 docket number and other
 identifying information (subject
 heading, Federal Register date
 and page number).
2. Follow directions--The EPA may
 ask you to respond to specific
 questions or organize comments
 by referencing a Code of Federal
 Regulations (CFR) part or
 section number.
3. Explain why you agree or
 disagree; suggest alternatives
 and substitute language for your
 requested changes.
4. Describe any assumptions and
 provide any technical
 information and/or data that you
 used.
5. If you estimate potential
 costs or burdens, explain how
 you arrived at your estimate in
 sufficient detail to allow for
 it to be reproduced.
6. Provide specific examples to
 illustrate your concerns, and
 suggest alternatives.
7. Explain your views as clearly
 as possible, avoiding the use of
 profanity or personal threats.
8. Make sure to submit your
 comments by the comment period
 deadline identified.
Pursuant to requirements at 35
 Illinois Administrative Code
 218.586, Ford has been using and
 maintaining a vapor collection
 and control system (Stage II) at
 the Chicago Assembly Plant,
 which is certified as having a
 vapor recovery and removal
 efficiency of at least 95%. In
 addition, Section 202(a)(6) of
 the Clean Air Act (CAA) requires
 that automobile manufacturers
 such as Ford incorporate onboard
 refueling vapor recovery (ORVR)
 systems in new cars that recover
 at least 95% of the gasoline
 vapors displaced during the
 refueling of vehicles, with the
 intent that ORVR would fully
 replace the Stage II system once
 the ORVR systems were in
 widespread use throughout the
 motor vehicle fleet. Only ORVR-
 equipped vehicles can be fueled
 at this facility, therefore, the
 Stage II system at the Chicago
 Assembly Plant can be
 discontinued because it is a
 redundant control system.
The overall amount of gasoline
 vapor emissions emitted to the
 atmosphere will not change as a
 result of this action, and the
 action will therefore have no
 environmental effect. The Stage
 II system has a 95% vapor
 recovery. Every vehicle fueled
 with the Stage II system,
 however, is already equipped
 with ORVR, which also captures
 at least 95% of evaporative
 gasoline emissions. ORVR
 therefore fully displaces the
 need for Stage II vapor recovery
 at the Chicago Assembly Plant.
EPA is approving changes to the
 Illinois SIP to grant an
 adjusted standard that will
 allow Ford to discontinue use of
 its Stage II vapor recovery
 system at its Chicago Assembly
 Plant.
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 November 6, 2006
 without further notice unless we
 receive relevant adverse written
 comments by October 6, 2006. 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. The EPA
 will not institute a second
 comment period. Any parties
 interested in commenting on this
 action should do so

[[Page 52466]]

at this time. If we do not receive any comments, this action will be

Under Executive Order 12866 (58
 FR 51735, October 4, 1993), this
 action is not a ``significant
 regulatory action'' and
 therefore is not subject to
 review by the Office of
 Management and Budget.
Because it is not a ``significant
 regulatory action'' under
 Executive Order 12866 or a
 ``significant energy action,''
 this action is also not subject
 to Executive Order 13211,
 ``Actions Concerning Regulations
 That Significantly Affect Energy
 Supply, Distribution, or Use''
 (66 FR 28355, May 22, 2001).
This action merely approves state
 law as meeting Federal
 requirements and imposes no
 additional requirements beyond
 those imposed by state law.
 Accordingly, the Administrator
 certifies that this rule will
 not have a significant economic
 impact on a substantial number
 of small entities under the
 Regulatory Flexibility Act (5
 U.S.C. 601 et seq.).
Because this rule approves pre-
 existing requirements under
 state law and does not impose
 any additional enforceable duty
 beyond that required by state
 law, it 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).
This rule also does not have
 tribal implications because it
 will not have a substantial
 direct effect on one or more
 Indian tribes, on the
 relationship between the Federal
 Government and Indian tribes, or
 on the distribution of power and
 responsibilities between the
 Federal Government and Indian
 tribes, as specified by
 Executive Order 13175 (59 FR
 22951, November 9, 2000).
This action also does not have
 federalism implications because
 it does not have substantial
 direct effects on the states, on
 the relationship between the
 national government and the
 states, or on the distribution
 of power and responsibilities
 among the various levels of
 government, as specified in
 Executive Order 13132 (64 FR
 43255, August 10, 1999). This
 action merely approves a state
 rule implementing a federal
 standard, and does not alter the
 relationship or the distribution
 of power and responsibilities
 established in the Clean Air
 Act.
This rule also is not subject to
 Executive Order 13045
 ``Protection of Children from
 Environmental Health Risks and
 Safety Risks'' (62 FR 19885,
 April 23, 1997), because it is
 not economically significant.
In reviewing SIP submissions,
 EPA's role is to approve state
 choices, provided that they meet
 the criteria of the Clean Air
 Act. In this context, in the
 absence of a prior existing
 requirement for the state to use
 voluntary consensus standards
 (VCS), EPA has no authority to
 disapprove a SIP submission for
 failure to use VCS. It would
 thus be inconsistent with
 applicable law for EPA, when it
 reviews a SIP submission, to use
 VCS in place of a SIP submission
 that otherwise satisfies the
 provisions of the Clean Air Act.
 Thus, the requirements of
 section 12(d) of the National
 Technology Transfer and
 Advancement Act of 1995 (15
 U.S.C. 272 note) do not apply.
This rule does not impose an
 information collection burden
 under the provisions of the
 Paperwork Reduction Act of 1995
 (44 U.S.C. 3501 et seq.).
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
 rule 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
 Clean Air Act, petitions for
 judicial review of this action
 must be filed in the United
 States Court of Appeals for the
 appropriate circuit by November
 6, 2006. Filing a petition for
 reconsideration by the
 Administrator of this final rule
 does not affect the finality of
 this rule for the purposes of
 judicial review nor does it
 extend the time within which a
 petition for judicial review may
 be filed, and shall not postpone
 the effectiveness of such rule
 or action. This action may not
 be challenged later in
 proceedings to enforce its
 requirements. (See section
 307(b)(2).)
Environmental protection, Air
 pollution control, Carbon
 monoxide, Incorporation by
 reference, Intergovernmental
 relations, Lead, Nitrogen
 dioxide, Ozone, Particulate
 matter, Reporting and
 recordkeeping requirements,
 Sulfur oxides, Volatile organic
 compounds.

     Dated: August 17, 2006.
          Norman Niedergang,.....
      Acting Regional
       Administrator, Region 5..

0
For the reasons stated in the                              PART 52--
 preamble, part 52, chapter I, of                          [AMENDED]
 title 40 of the Code of Federal
 Regulations is amended as
 follows:
0
1. The authority citation for
 part 52 continues to read as
 follows:

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

0
2. Section 52.720 is amended by
 adding and reserving paragraph
 (c)(174) and adding paragraph
 (c)(175) to read as follows:
* * * * *
(c) * * *
(174) [Reserved]
(175) On January 4, 2006,
 Illinois submitted a site-
 specific State Implementation
 Plan revision for the Ford Motor
 Company (Ford) Chicago Assembly
 Plant. The revision allows Ford
 to discontinue use of its Stage
 II vapor recovery system and
 requires instead that Ford
 comply with federal onboard
 refueling vapor recovery
 regulations and other
 conditions.
(i) Incorporation by reference.
(A) September 1, 2005, Opinion
 and Order of the Illinois
 Pollution Control

[[Page 52467]]


                                   Board, AS 05-5, effe

                  ACTION: Final
                   rule; Notice
                   of
                   administrative
                   change..
                  SUMMARY: EPA is
                   revising the
                   format of
                   materials
                   submitted by
                   the state of
                   Michigan that
                   are
                   incorporated
                   by reference
                   (IBR) into its
                   State
                   Implementation
                   Plan (SIP).
                   The
                   regulations
                   affected by
                   this format
                   change have
                   all been
                   previously
                   submitted by
                   Michigan and
                   approved by
                   EPA..
This format revision will
 primarily affect the
 ``Identification of plan''
 section, as well as the format
 of the SIP materials that will
 be available for public
 inspection at the National
 Archives and Records
 Administration (NARA), the Air
 and Radiation Docket and
 Information Center located at
 EPA Headquarters in Washington,
 DC, and the EPA Region 5 Office.
 EPA is also adding a table in
 the ``Identification of plan''
 section which summarizes the
 approval actions that EPA has
 taken on the non-regulatory and
 quasi-regulatory portions of the
 Michigan SIP. The sections
 pertaining to provisions
 promulgated by EPA or state-
 submitted materials not subject
 to IBR review remain unchanged.

                  DATES:
                   Effective
                   Date: This
                   final rule is
                   effective on
                   September 6,
                   2006..

                  ADDRESSES: SIP
                   materials
                   which are
                   incorporated
                   by reference
                   into 40 CFR
                   part 52 are
                   available for
                   inspection at
                   the following
                   locations:
                   Environmental
                   Protection
                   Agency, Region
                   5, 77 West
                   Jackson
                   Boulevard,
                   Chicago,
                   Illinois
                   60604; the Air
                   and Radiation
                   Docket and
                   Information
                   Center, EPA
                   Headquarters
                   Library,
                   Infoterra Room
                   (Room Number
                   3334), EPA
                   West Building,
                   1301
                   Constitution
                   Ave., NW.,
                   Washington, DC
                   20460, and the
                   National
                   Archives and
                   Records
                   Administration
                   . If you wish
                   to obtain
                   materials from
                   a docket in
                   the EPA
                   Headquarters
                   Library,
                   please call
                   the Office of
                   Air and
                   Radiation
                   (OAR) Docket/
                   Telephone
                   number: (202)
                   566-1742. For
                   information on
                   the
                   availability
                   of this
                   material at
                   NARA, call 202-
                   741-6030, or
                   go to: http://www.archives.g
]federal

                   -register/
                   [fxsp0]code--o
                   f--federal--re
                   gulations/
                   [fxsp0]ibr--lo
                   cations.html..

                  FOR FURTHER
                   INFORMATION
                   CONTACT:
                   Kathleen
                   D'Agostino,
                   Environmental
                   Engineer,
                   Criteria
                   Pollutant
                   Section, Air
                   Programs
                   Branch (AR-
                   18J),
                   Environmental
                   Protection
                   Agency, Region
                   5, 77 West
                   Jackson
                   Boulevard,
                   Chicago,
                   Illinois
                   60604, (312)
                   886-1767,
                   dagostino.kath
                   leen@epa.gov..

                  SUPPLEMENTARY
                   INFORMATION:
                   Throughout
                   this document
                   whenever
                   ``we,''
                   ``us,'' or
                   ``our'' is
                   used, we mean
                   EPA. This
                   supplementary
                   information
                   section is
                   arranged as
                   follows:.
I. Background
A. Description of a SIP
B. How EPA Enforces SIPs
C. How the State and EPA Update
 the SIP
D. How EPA Compiles the SIP
E. How EPA Organizes the SIP
 Compilation
F. Where You Can Find a Copy of
 the SIP Compilation
G. The Format of the New
 Identification of Plan Section
H. When a SIP Revision Becomes
 Federally Enforceable
I. The Historical Record of SIP
 Revision Approvals
II. What EPA Is Doing in This
 Action
III. Statutory and Executive
 Order Reviews

Each state has a SIP containing
 the control measures and
 strategies used to attain and
 maintain the National Ambient
 Air Quality Standards (NAAQS).
 The SIP is extensive, containing
 elements covering a variety of
 subjects, such as air pollution
 control regulations, emission
 inventories, monitoring
 networks, attainment
 demonstrations, and enforcement
 mechanisms.
Each state must formally adopt
 the control measures and
 strategies in the SIP after the
 public has had an opportunity to
 comment on them. They are then
 submitted to EPA as SIP
 revisions on which EPA must
 formally act.
Once these control measures and
 strategies are approved by EPA,
 after notice and comment
 rulemaking, they are
 incorporated into the federally
 approved SIP and are identified
 in Title 40 of the Code of
 Federal Regulations part 52
 (Approval and Promulgation of
 Implementation Plans), (40 CFR
 part 52). The actual state
 regulations approved by EPA are
 not reproduced in their entirety
 in 40 CFR part 52, but are
 ``incorporated by reference,''
 which means that EPA has
 approved a given state
 regulation with a specific
 effective date. This format
 allows both EPA and the public
 to know which measures are
 contained in a given SIP and
 ensures that the state is
 enforcing the regulations. It
 also allows EPA and the public
 to take enforcement action,
 should a state not enforce its
 SIP-approved regulations.
The SIP is a living document
 which can be revised as
 necessary to address the unique
 air pollution problems in the
 state. Therefore, EPA must, from
 time to time, take action on SIP
 revisions containing new and/or
 revised regulations as being
 part of the SIP. On May 22, 1997
 (62 FR 27968), EPA revised the
 procedures for incorporating by
 reference federally approved
 SIPs, as a result of
 consultations between EPA and
 the Office of the Federal
 Register (OFR).
EPA began the process of
 developing: (1) A revised SIP
 document for each state that
 would be incorporated by
 reference under the provisions
 of title 1 CFR part 51; (2) a
 revised mechanism for announcing
 EPA approval of revisions to an
 applicable SIP and updating both
 the IBR document and the CFR;
 and (3) a revised format of the
 ``Identification of plan''
 sections for each applicable
 subpart to reflect these revised
 IBR procedures. The description
 of the revised SIP document, IBR
 procedures, and ``Identification
 of plan'' format are discussed
 in further detail in the May 22,
 1997, Federal Register document.
The federally approved
 regulations, source-specific
 requirements, and nonregulatory
 provisions (entirely or portions
 of) submitted by each state
 agency have been organized by
 EPA into a ``SIP compilation.''
 The SIP compilation contains the
 updated regulations, source-
 specific requirements, and
 nonregulatory provisions
 approved by EPA through previous
 rulemaking actions in the
 Federal Register. The
 compilation is contained in
 three-ring binders and will be
 updated, primarily on an annual
 basis. The nonregulatory
 provisions are available by
 contacting Kathleen D'Agostino
 at the Regional Office.

[[Page 52468]]


Each compilation contains three
 parts. Part one contains the
 regulations, part two contains
 the source-specific requirements
 that have been approved as part
 of the SIP, and part three
 contains nonregulatory
 provisions that have been
 approved by EPA. Each part
 consists of a table of
 identifying information for each
 SIP-approved regulation, each
 SIP-approved source-specific
 requirement, and each
 nonregulatory SIP provision. In
 this action, EPA is publishing
 the tables summarizing the
 applicable SIP requirements for
 Michigan. The effective dates in
 the tables indicate the date of
 the most recent revision of each
 regulation. The EPA Regional
 Offices have the primary
 responsibility for updating the
 compilation and ensuring its
 accuracy.
EPA's Region 5 Office developed
 and will maintain the
 compilation for Michigan. A copy
 of the full text of Michigan's
 regulatory and source-specific
 compilation will also be
 maintained at NARA and EPA's Air
 Docket and Information Center.
In order to better serve the
 public, EPA revised the
 organization of the
 ``Identification of plan''
 section and included additional
 information to clarify the
 enforceable elements of the SIP.
The revised Identification of
 plan section contains five
 subsections: (a) Purpose and
 scope, (b) Incorporation by
 reference, (c) EPA approved
 regulations, (d) EPA approved
 source specific permits, and (e)
 EPA approved nonregulatory and
 quasi-regulatory provisions such
 as transportation control
 measures, statutory provisions,
 control strategies, monitoring
 networks, etc.
All revisions to the applicable
 SIP become federally enforceable
 as of the effective date of the
 revisions to paragraphs (c),
 (d), or (e) of the applicable
 Identification of plan section
 found in each subpart of 40 CFR
 part 52.
To facilitate enforcement of
 previously approved SIP
 provisions and provide a smooth
 transition to the new SIP
 processing system, EPA retains
 the original Identification of
 plan section, previously
 appearing in the CFR as the
 first or second section of part
 52 for each state subpart. After
 an initial two-year period, EPA
 will review its experience with
 the new system and
 enforceability of previously
 approved SIP measures and will
 decide whether or not to retain
 the Identification of plan
 appendices for some further
 period.
Today's rule constitutes a
 ``house keeping'' exercise to
 ensure that all revisions to the
 state programs that have
 occurred are accurately
 reflected in 40 CFR part 52.
 State SIP revisions are
 controlled by EPA regulations at
 40 CFR part 51. When EPA
 receives a formal SIP revision
 request, the Agency must publish
 the proposed revision in the
 Federal Register and provide for
 public comment before approval.
EPA has determined that today's
 rule falls under the ``good
 cause'' exemption in section
 553(b)(3)(B) of the
 Administrative Procedures Act
 (APA) which, upon finding ``good
 cause,'' authorizes agencies to
 dispense with public
 participation and section
 553(d)(3) which allows an agency
 to make a rule effective
 immediately (thereby avoiding
 the 30-day delayed effective
 date otherwise provided for in
 the APA). Today's rule simply
 codifies provisions which are
 already in effect as a matter of
 law in Federal and approved
 state programs.
Under section 553 of the APA, an
 agency may find good cause where
 procedures are ``impractical,
 unnecessary, or contrary to the
 public interest.'' Public
 comment is ``unnecessary'' and
 ``contrary to the public
 interest'' since the
 codification only reflects
 existing law. Immediate notice
 in the CFR benefits the public
 by removing outdated citations.

Under Executive Order 12866 (58
 FR 51735, October 4, 1993), this
 action is not a ``significant
 regulatory action'' and is
 therefore not subject to review
 by the Office of Management and
 Budget. This rule is not subject
 to Executive Order 13211,
 ``Actions Concerning Regulations
 That Significantly Affect Energy
 Supply, Distribution, or Use''
 (66 FR 28355, May 22, 2001)
 because it is not a significant
 regulatory action under
 Executive Order 12866. Because
 the agency has made a ``good
 cause'' finding that this action
 is not subject to notice-and-
 comment requirements under the
 Administrative Procedure Act or
 any other statute as indicated
 in the Supplementary Information
 section above, it is not subject
 to the regulatory flexibility
 provisions of the Regulatory
 Flexibility Act (5 U.S.C 601 et
 seq.), or to sections 202 and
 205 of the Unfunded Mandates
 Reform Act of 1995 (UMRA) (Pub.
 L. 104-4). In addition, this
 action does not significantly or
 uniquely affect small
 governments or impose a
 significant intergovernmental
 mandate, as described in
 sections 203 and 204 of UMRA.
 This rule also does not have a
 substantial direct effect on one
 or more Indian tribes, on the
 relationship between the Federal
 government and Indian tribes, or
 on the distribution of power and
 responsibilities between the
 Federal government and Indian
 tribes, as specified by
 Executive Order 13175 (65 FR
 67249, November 9, 2000), nor
 will it have substantial direct
 effects on the States, on the
 relationship between the
 national government and the
 States, or on the distribution
 of power and responsibilities
 among the various levels of
 government, as specified in
 Executive Order 13132 (64 FR
 43255, August 10, 1999). This
 rule also is not subject to
 Executive Order 13045 (62 FR
 19885, April 23, 1997), because
 it is not economically
 significant. This rule does not
 involve technical standards;
 thus the requirements of section
 12(d) of the National Technology
 Transfer and Advancement Act of
 1995 (15 U.S.C. 272 note) do not
 apply. The rule also does not
 involve special consideration of
 environmental justice related
 issues as required by Executive
 Order 12898 (59 FR 7629,
 February 16, 1994). In issuing
 this rule, EPA has taken the
 necessary steps to eliminate
 drafting errors and ambiguity,
 minimize potential litigation,
 and provide a clear legal
 standard for affected conduct,
 as required by section 3 of
 Executive Order 12988 (61 FR
 4729, February 7, 1996). EPA has
 complied with Executive Order
 12630 (53 FR 8859, March 15,
 1998) by examining the takings
 implications of the rule in
 accordance with the ``Attorney
 General's Supplemental
 Guidelines for the Evaluation of
 Risk and Avoidance of
 Unanticipated Takings'' issued
 under the executive order. This
 rule does not impose an
 information collection burden
 under the Paperwork Reduction
 Act of 1995 (44 U.S.C. 3501 et
 seq.). EPA's compliance with
 these statutes and Executive
 Orders for the underlying rules
 are discussed in previous
 actions taken on the State's
 rules.
The Congressional Review Act (5
 U.S.C. 801 et seq.), as added by
 the

[[Page 52469]]

Small Business Regulatory Enforcement Fairness Act of 1996, generally
EPA has also determined that the
 provisions of section 307(b)(1)
 of the Clean Air Act pertaining
 to petitions for judicial review
 are not applicable to this
 action. Prior EPA rulemaking
 actions for each individual
 component of the Michigan SIP
 compilation had previously
 afforded interested parties the
 opportunity to file a petition
 for judicial review in the
 United States Court of Appeals
 for the appropriate circuit
 within 60 days of such
 rulemaking action. Thus, EPA
 sees no need in this action to
 reopen the 60-day period for
 filing such petitions for
 judicial review for these
 ``Identification of plan''
 reorganization actions for
 Michigan.
Environmental protection, Air
 pollution control, Carbon
 monoxide, Hydrocarbons,
 Incorporation by reference,
 Intergovernmental relations,
 Lead, Nitrogen dioxide, Ozone,
 Particulate matter, Reporting
 and recordkeeping requirements,
 Sulfur oxides, Volatile organic
 compounds.

     Dated: August 17, 2006.
          Norman Niedergang,.....
      Acting Regional
       Administrator, Region 5..

0
Part 52 of chapter I, title 40,                            PART 52--
 Code of Federal Regulations, is                           [AMENDED]
 amended as follows:
0
1. The authority for citation for
 part 52 continues to read as
 follows:

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

0
2. Section 52.1170 is
 redesignated as Sec.   52.1190
 and the section heading and
 paragraph (a) are revised to
 read as follows:
(a) This section identifies the
 original ``Air Implementation
 Plan for the State of Michigan''
 and all revisions submitted by
 Michigan that were federally
 approved prior to August 1,
 2006.
* * * * *
0
3. A new Sec.   52.1170 is added
 to read as follows:
(a) Purpose and scope. This
 section sets forth the
 applicable State Implementation
 Plan (SIP) for Michigan under
 section 110 of the Clean Air
 Act, 42 U.S.C. 7401, and 40 CFR
 part 51 to meet National Ambient
 Air Quality Standards.
(b) Incorporation by reference.
 (1) Material listed in
 paragraphs (c), (d), and (e) of
 this section with an EPA
 approval date prior to August 1,
 2006, was approved for
 incorporation by reference by
 the Director of the Federal
 Register in accordance with 5
 U.S.C. 552(a) and 1 CFR part 51.
 Material is incorporated as it
 exists on the date of the
 approval, and notice of any
 change in the material will be
 published in the Federal
 Register. Entries in paragraphs
 (c), (d), and (e) of this
 section with the EPA approval
 dates after August 1, 2006, will
 be incorporated by reference in
 the next update to the SIP
 compilation.
(2) EPA Region 5 certifies that
 the rules/regulations provided
 by the EPA in the SIP
 compilation at the addresses in
 paragraph (b)(3) of this section
 are an exact duplicate of the
 officially promulgated state
 rules/regulations which have
 been approved as part of the SIP
 as of August 1, 2006.
(3) Copies of the materials
 incorporated by reference may be
 inspected at the Environmental
 Protection Agency, Region 5, Air
 Programs Branch, 77 West Jackson
 Boulevard, Chicago, IL 60604;
 the EPA, Air and Radiation
 Docket and Information Center,
 EPA Headquarters Library,
 Infoterra Room (Room Number
 3334), EPA West Building, 1301
 Constitution Ave., NW.,
 Washington, DC 20460, and the
 National Archives and Records
 Administration. If you wish to
 obtain materials from a docket
 in the EPA Headquarters Library,
 please call the Office of Air
 and Radiation (OAR)
 
 <f this
 material at NARA, call 202-741-
 6030, or go to: http://
 www.archives.gov/[fxsp0]federal--

 register/[fxsp0]code--of--
 federal--regulations/[fxsp0]ibr--
 locations.html.
(c) EPA approved
 regulations.5,L2,i1,s50,r50,10,r
 25,r50
                                                Annual Reporting
----------------------------------------------------------------------------------------------------------------
R 336.202........................  Annual reports......     11/11/86  3/8/94, 59 FR 10752.
----------------------------------------------------------------------------------------------------------------
                                           Part 1. General Provisions
----------------------------------------------------------------------------------------------------------------
R 336.1101.......................  Definitions; A......      4/27/93  9/7/94, 59 FR 46182.  Only: actual
                                                                                             emissions, air-
                                                                                             dried coating, air
                                                                                             quality standard,
                                                                                             allowable
                                                                                             emissions, and
                                                                                             alternate opacity.
                                                             2/22/85  6/11/92, 57 FR 24752

[[Page 52470]]


R 336.1102.......................  Definitions; B......      5/27/02  2/24/03, 68 FR 8550.
R 336.1103.......................  Definitions; C......      4/27/93  9/7/94, 59 FR 46182.  Only: coating
                                                                                             category, calendar
                                                                                             day, class II
                                                                                             hardboard paneling
                                                                                             finish, coating
                                                                                             line, coating of
                                                                                             automobiles and
                                                                                             light duty trucks,
                                                                                             coating of fabric,
                                                                                             coating of large
                                                                                             appliances, coating
                                                                                             of paper, coating
                                                                                             of vinyl,
                                                                                             component,
                                                                                             component in field
                                                                                             gas service,
                                                                                             component in
                                                                                             gaseous volatile
                                                                                             organic compound
                                                                                             service, component
                                                                                             in heavy liquid
                                                                                             service, component
                                                                                             in light liquid
                                                                                             service, component
                                                                                             in liquid volatile
                                                                                             organic compound
                                                                                             service, condenser,
                                                                                             conveyorized vapor
                                                                                             degreaser, and
                                                                                             creditable.
                                                             2/22/85  6/11/92, 57 FR 24752
R 336.1104.......................  Definitions; D......      5/27/02  2/24/03, 68 FR 8550.
R 336.1105.......................  Definitions; E......      5/27/02  2/24/03, 68 FR 8550.
R 336.1106.......................  Definitions; F......      2/22/85  6/11/92, 57 FR 24752
R 336.1107.......................  Definitions; G......      5/27/02  2/24/03, 68 FR 8550.
R 336.1108.......................  Definitions; H......      5/27/02  2/24/03, 68 FR 8550.
R 336.1109.......................  Definitions; I......      8/21/81  7/26/82, 47 FR 32116
R 336.1112.......................  Definitions; L......      1/18/80  5/6/80, 45 FR 29790.
R 336.1113.......................  Definitions; M......      5/27/02  2/24/03, 68 FR 8550.
R 336.1114.......................  Definitions; N......      8/21/81  7/26/82, 47 FR 32116
R 336.1115.......................  Definitions; O......      8/21/81  7/26/82, 47 FR 32116
R 336.1116.......................  Definitions; P......      4/27/93  9/7/94, 59 FR 46182.  Only: packaging
                                                                                             rotogravure
                                                                                             printing, printed
                                                                                             interior panel,
                                                                                             process unit
                                                                                             turnaround,
                                                                                             publication
                                                                                             rotogravure
                                                                                             printing, and
                                                                                             pushside Removed:
                                                                                             pneumatic rubber
                                                                                             tire manufacturing.
                                                             2/22/85  6/11/92, 57 FR 24752  All except pneumatic
                                                                                             rubber tire
                                                                                             manufacturing,
                                                                                             which was removed 9/
                                                                                             7/94.
R 336.1118.......................  Definitions; R......      5/27/02  2/24/03, 68 FR 8550.
R 336.1119.......................  Definitions; S......      2/22/85  6/11/92, 57 FR 24752
R 336.1120.......................  Definitions; T......      5/27/02  2/24/03, 68 FR 8550.
R 336.1121.......................  Definitions; U......      4/20/89  9/15/94, 59 FR 47254
R 336.1122.......................  Definitions; V......      3/13/03  2/9/04, 69 FR 5932..
R 336.1123.......................  Definitions; W......      8/21/81  7/26/82, 47 FR 32116
R 336.1127.......................  Terms defined in the      1/18/80  5/6/80, 45 FR 29790.
                                    act.
----------------------------------------------------------------------------------------------------------------
                                            Part 2. Air Use Approval
----------------------------------------------------------------------------------------------------------------
R 336.1201.......................  Permits to install..      1/18/80  5/6/80, 45 FR 29790.
R 336.1202.......................  Waivers of approval.      1/18/80  5/6/80, 45 FR 29790.

[[Page 52471]]


R 336.1203.......................  Information required      1/18/80  5/6/80, 45 FR 29790.
R 336.1204.......................  Authority of agents.      1/18/80  5/6/80, 45 FR 29790.
R 336.1206.......................  Processing of             1/18/80  5/6/80, 45 FR 29790.
                                    applications for
                                    other facilities.
R 336.1207.......................  Denial of permits to      1/18/80  5/6/80, 45 FR 29790.
                                    install.
R 336.1208.......................  Permits to operate..      1/18/80  5/6/80, 45 FR 29790.
R 336.1220.......................  Construction of           8/21/81  1/27/82, 47 FR 3764.
                                    sources of volatile
                                    organic compounds
                                    in ozone
                                    nonattainment
                                    areas; conditions
                                    for approval.
R 336.1221.......................  Construction of           7/17/80  1/12/82, 47 FR 1292.
                                    sources of
                                    particulate matter,
                                    sulfur dioxide, or
                                    carbon monoxide in
                                    or near
                                    nonattainment
                                    areas; conditions
                                    for approval.
R 336.1240.......................  Required air quality      1/18/80  5/6/80, 45 FR 29790.
                                    models.
R 336.1241.......................  Air quality modeling      1/18/80  5/6/80, 45 FR 29790.
                                    demonstration
                                    requirements.
R 336.1280.......................  Permit system             1/18/80  5/6/80, 45 FR 29790.
                                    exemptions; cooling
                                    and ventilation
                                    equipment.
R 336.1281.......................  Permit system             1/18/80  5/6/80, 45 FR 29790.
                                    exemptions;
                                    cleaning, washing
                                    and drying
                                    equipment.
R 336.1282.......................  Permit system             1/18/80  5/6/80, 45 FR 29790.
                                    exemptions; cooling
                                    and ventilation
                                    equipment.
R 336.1283.......................  Permit system             7/17/80  8/28/81, 46 FR 43422
                                    exemptions; testing
                                    and inspection
                                    equipment.
R 336.1284.......................  Permit system             1/18/80  5/6/80, 45 FR 29790.
                                    exemptions;
                                    containers.
R 336.1285.......................  Permit system             1/18/80  5/6/80, 45 FR 29790.
                                    exemptions;
                                    miscellaneous.
----------------------------------------------------------------------------------------------------------------
                        Part 3. Emission Limitations and Prohibitions--Particulate Matter
----------------------------------------------------------------------------------------------------------------
R 336.1301.......................  Standards for             3/19/02  6/1/06, 71 FR 31093.
                                    density of
                                    emissions.
R 336.1303.......................  Grading visible           3/19/02  6/1/06, 71 FR 31093.
                                    emissions.
R 336.1310.......................  Open burning........       2/3/99  6/28/02, 67 FR 43548
R 336.1330.......................  Electrostatic             3/19/02  6/1/06, 71 FR 31093.
                                    precipitation
                                    control systems.
R 336.1331.......................  Emissions of              3/19/02  6/1/06, 71 FR 31093.  All except Table 31,
                                    particulate matter.                                      section C.8.
                                                             1/18/80  5/22/81, 46 FR 27923  Only Table 31
                                                                                             Section C.7,
                                                                                             preheater
                                                                                             equipment.
R 336.1349.......................  Coke oven compliance      2/22/85  6/11/92, 57 FR 24752
                                    date.
R 336.1350.......................  Emissions from larry-     2/22/85  6/11/92, 57 FR 24752
                                    car charging of
                                    coke ovens.
R 336.1351.......................  Charging hole             2/22/85  6/11/92, 57 FR 24752
                                    emissions from coke
                                    ovens.
R 336.1352.......................  Pushing operation         2/22/85  6/11/92, 57 FR 24752
                                    fugitive emissions
                                    from coke ovens.
R 336.1353.......................  Standpipe assembly        2/22/85  6/11/92, 57 FR 24752
                                    emissions during
                                    coke cycle from
                                    coke ovens.
R 336.1354.......................  Standpipe assembly        2/22/85  6/11/92, 57 FR 24752
                                    emissions during
                                    decarbonization
                                    from coke ovens.
R 336.1355.......................  Coke oven gas             1/18/80  5/55/81, 46 FR 27923
                                    collector main
                                    emissions from slot-
                                    type coke ovens.
R 336.1356.......................  Coke oven door            2/22/85  6/11/92, 57 FR 24752
                                    emissions from coke
                                    ovens; doors that
                                    are 5 meters or
                                    shorter.

[[Page 52472]]


R 336.1357.......................  Coke oven door            2/22/85  6/11/92, 57 FR 24752
                                    emissions from coke
                                    oven doors; doors
                                    that are taller
                                    than 5 meters.
R 336.1358.......................  Roof monitor visible      4/30/98  6/1/06, 71 FR 31093.
                                    emissions at steel
                                    manufacturing
                                    facilities from
                                    electric arc
                                    furnaces and blast
                                    furnaces.
R 336.1359.......................  Visible emissions         2/22/85  6/11/92, 57 FR 24752
                                    from scarfer
                                    operation stacks at
                                    steel manufacturing
                                    facilities.
R 336.1360.......................  Visible emissions         2/22/85  6/11/92, 57 FR 24752
                                    from coke oven push
                                    stacks.
R 336.1361.......................  Visible emissions         4/30/98  6/1/06, 71 FR 31093.
                                    from blast furnace
                                    casthouse
                                    operations at steel
                                    manufacturing
                                    facilities.
R 336.1362.......................  Visible emissions         4/30/98  6/1/06, 71 FR 31093.
                                    from electric arc
                                    furnace operations
                                    at steel
                                    manufacturing
                                    facilities.
R 336.1363.......................  Visible emissions         4/30/98  6/1/06, 71 FR 31093.
                                    from argon-oxygen
                                    decarburization
                                    operations at steel
                                    manufacturing
                                    facilities.
R 336.1364.......................  Visible emissions         2/22/85  6/11/92, 57 FR 24752
                                    from basic oxygen
                                    furnace operations.
R 336.1365.......................  Visible emissions         2/22/85  6/11/92, 57 FR 24752
                                    from hot metal
                                    transfer operations
                                    at steel
                                    manufacturing
                                    facilities.
R 336.1366.......................  Visible emissions         2/22/85  6/11/92, 57 FR 24752
                                    from hot metal
                                    desulphurization
                                    operations at steel
                                    manufacturing
                                    facilities.
R 336.1367.......................  Visible emissions         2/22/85  6/11/92, 57 FR 24752
                                    from sintering
                                    operations.
R 336.1370.......................  Collected air             2/17/81  11/15/82, 47 FR
                                    contaminants.                      51398.
R 336.1371.......................  Fugitive dust             3/19/02  6/1/06, 71 FR 31093.
                                    control programs
                                    other than areas
                                    listed in Table 36.
R 336.1372.......................  Fugitive dust             3/19/02  6/1/06, 71 FR 31093.
                                    control program;
                                    required
                                    activities; typical
                                    control methods.
R 336.1374.......................  Particulate matter        3/19/02  6/1/06, 71 FR 31093.
                                    contingency
                                    measures: Areas
                                    listed in Table 37.
----------------------------------------------------------------------------------------------------------------
                     Part 4. Emission Limitations and Prohibitions--Sulfur-Bearing Compounds
----------------------------------------------------------------------------------------------------------------
R 336.1401.......................  Emissions of sulfur       3/19/02  6/1/06, 71 FR 31093.
                                    dioxide from power
                                    plants.
R 336.1402.......................  Emission of sulfur        1/18/80  5/6/80, 45 FR 29790.
                                    dioxide from fuel-
                                    burning sources
                                    other than power
                                    plants.
R 336.1403.......................  Oil- and natural gas-     3/19/02  6/1/06, 71 FR 31093.
                                    producing or
                                    transporting
                                    facilities and
                                    natural gas-
                                    processing
                                    facilities;
                                    emissions;
                                    operation.
R 336.1404.......................  Emissions of              1/18/80  5/6/80, 45 FR 29790.
                                    sulfuric acid mist
                                    from sulfuric acid
                                    plants.
----------------------------------------------------------------------------------------------------------------
     Part 6. Emission Limitations and Prohibitions--Existing Sources of Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------
R 336.1601.......................  Definitions.........      3/19/02  6/1/06, 71 FR 31093.
R 336.1602.......................  General provisions        4/10/00  6/28/02, 67 FR 43548
                                    for existing
                                    sources of volatile
                                    organic compound
                                    emissions.
R 336.1604.......................  Storage of organic        3/19/02  6/1/06, 71 FR 31093.
                                    compounds having a
                                    true vapor pressure
                                    of more than 1.5
                                    psia, but less than
                                    11 psia, in
                                    existing fixed roof
                                    stationary vessels
                                    of more than 40,000
                                    gallon capacity.

[[Page 52473]]


R 336.1605.......................  Storage of organic        3/19/02  6/1/06, 71 FR 31093.
                                    compounds having a
                                    true vapor pressure
                                    of 11 or more psia
                                    in existing
                                    stationary vessels
                                    of more than 40,000
                                    gallon capacity.
R 336.1606.......................  Loading gasoline          3/19/02  6/1/06, 71 FR 31093.
                                    into existing
                                    stationary vessels
                                    of more than 2,000
                                    gallon capacity at
                                    dispensing
                                    facilities handling
                                    250,000 gallons per
                                    year.
R 336.1607.......................  Loading gasoline          3/19/02  6/1/06, 71 FR 31093.
                                    into existing
                                    stationary vessels
                                    of more than 2,000
                                    capacity at loading
                                    facilities.
R 336.1608.......................  Loading gasoline          3/19/02  6/1/06, 71 FR 31093.
                                    into existing
                                    delivery vessels at
                                    loading facilities
                                    handling less than
                                    5,000,000 gallons
                                    per year.
R 336.1609.......................  Loading existing          4/20/89  9/15/94, 59 FR 47254
                                    delivery vessels
                                    with organic
                                    compounds having a
                                    true vapor pressure
                                    of more than 1.5
                                    psia at existing
                                    loading facilities
                                    handling 5,000,000
                                    or more gallons of
                                    such compounds per
                                    year.
R 336.1610.......................  Existing coating          4/27/93  9/7/94, 59 FR 46182.
                                    lines; emission of
                                    volatile organic
                                    compounds from
                                    existing
                                    automobile, light-
                                    duty truck, and
                                    other product and
                                    material coating
                                    lines.
R 336.1611.......................  Existing cold             6/13/97  7/21/99, 64 FR 39034
                                    cleaners.
R 336.1612.......................  Existing open top         6/13/97  7/21/99, 64 FR 39034
                                    vapor degreasers.
R 336.1613.......................  Existing                  6/13/97  7/21/99, 64 FR 39034
                                    conveyorized cold
                                    cleaners.
R 336.1614.......................  Existing                  6/13/97  7/21/99, 64 FR 39034
                                    conveyorized vapor
                                    degreasers.
R 336.1615.......................  Existing vacuum-          3/19/02  6/1/06, 71 FR 31093.
                                    producing system at
                                    petroleum
                                    refineries.
R 336.1616.......................  Process unit              3/19/02  6/1/06, 71 FR 31093.
                                    turnarounds at
                                    petroleum
                                    refineries.
R 336.1617.......................  Existing organic          3/19/02  6/1/06, 71 FR 31093.
                                    compound-water
                                    separators at
                                    petroleum
                                    refineries.
R 336.1618.......................  Use of cutback            3/19/02  6/1/06, 71 FR 31093.
                                    paving asphalt.
R 336.1619.......................  Perchloroethylene;        3/19/02  6/1/06, 71 FR 31093.
                                    emission from
                                    existing dry
                                    cleaning equipment;
                                    disposal.
R 336.1620.......................  Emission of volatile      4/27/93  9/7/94, 59 FR 46182.
                                    organic compounds
                                    from the coating of
                                    flat wood paneling
                                    from existing
                                    coating lines.
R 336.1621.......................  Emission of volatile      4/27/93  9/7/94, 59 FR 46182.
                                    organic compounds
                                    from the coating of
                                    metallic surfaces
                                    from existing
                                    coating lines.
R 336.1622.......................  Emission of volatile      3/19/02  6/1/06, 71 FR 31093.
                                    organic compound
                                    from existing
                                    component of a
                                    petroleum refinery;
                                    refinery monitoring
                                    program.
R 336.1623.......................  Storage of petroleum      3/19/02  6/1/06, 71 FR 31093.
                                    liquids having a
                                    true vapor pressure
                                    of more than 1.0
                                    psia but less than
                                    11.0 psia, in
                                    existing external
                                    floating roof
                                    stationary vessels
                                    of more than 40,000
                                    gallon capacity.

[[Page 52474]]


R 336.1624.......................  Emission of volatile     11/18/93  9/7/94, 59 FR 46182.
                                    organic compound
                                    from an existing
                                    graphic arts line.
R 336.1625.......................  Emission of volatile     11/30/00  6/1/06, 71 FR 31093.
                                    organic compound
                                    from existing
                                    equipment utilized
                                    in the
                                    manufacturing of
                                    synthesized
                                    pharmaceutical
                                    products.
R 336.1627.......................  Delivery vessels;         3/19/02  6/1/06, 71 FR 31093.
                                    vapor collection
                                    systems.
R 336.1628.......................  Emission of volatile      3/19/02  6/1/06, 71 FR 31093.
                                    organic compounds
                                    from components of
                                    existing process
                                    equipment used in
                                    manufacturing
                                    synthetic organic
                                    chemicals and
                                    polymers.
R 336.1629.......................  Emission of volatile      3/19/02  6/1/06, 71 FR 31093.
                                    organic compounds
                                    from components of
                                    existing process
                                    equipment used in
                                    processing natural
                                    gas; monitoring
                                    program.
R 336.1630.......................  Emission of volatile      3/19/02  6/1/06, 71 FR 31093.
                                    organic compounds
                                    from existing paint
                                    manufacturing
                                    processes.
R 336.1631.......................  Emission of volatile      3/19/02  6/1/06, 71 FR 31093.
                                    organic compounds
                                    from existing
                                    process equipment
                                    utilized in
                                    manufacture of
                                    polystyrene of
                                    other organic
                                    resins.
R 336.1632.......................  Emission of volatile      4/27/93  9/7/94, 59 FR 46182.
                                    organic compounds
                                    form existing
                                    automobile, truck,
                                    and business
                                    machine plastic
                                    part coating lines.
R 336.1651.......................  Standards for             6/13/97  7/21/99, 64 FR 39034
                                    degreasers.
----------------------------------------------------------------------------------------------------------------
        Part 7. Emission Limitations and Prohibitions--New Sources of Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------
R 336.1702.......................  General provisions        3/19/02  6/1/06, 71 FR 31093.
                                    for new sources of
                                    volatile organic
                                    compound emissions.
R 336.1705.......................  Loading gasoline          3/19/02  6/1/06, 71 FR 31093.
                                    into delivery
                                    vessels at new
                                    loading facilities
                                    handling less than
                                    5,000,000 gallons
                                    per year.
R 336.1706.......................  Loading delivery          6/13/97  7/21/99, 64 FR 39034
                                    vessels with
                                    organic compounds
                                    having a true vapor
                                    pressure of more
                                    than 1.5 psia at
                                    new loading
                                    facilities handling
                                    5,000,000 or more
                                    gallons of such
                                    compounds per year.
R 336.1707.......................  New cold cleaners...      6/13/97  7/21/99, 64 FR 39034
R 336.1708.......................  New open top vapor        6/13/97  7/21/99, 64 FR 39034
                                    degreasers.
R 336.1709.......................  New conveyorized          6/13/97  7/21/99, 64 FR 39034
                                    cold cleaners.
R 336.1710.......................  New conveyorized          6/13/97  7/21/99, 64 FR 39034
                                    vapor degreasers.
----------------------------------------------------------------------------------------------------------------
                        Part 8. Emission Limitations and Prohibitions--Oxides of Nitrogen
----------------------------------------------------------------------------------------------------------------
R 336.1802.......................  Applicability under       5/20/04  12/23/04, 69 FR
                                    oxides of nitrogen                 76848.
                                    budget trading
                                    program.
R 336.1803.......................  Definitions for           12/4/02  12/23/04, 69 FR
                                    oxides of nitrogen                 76848.
                                    budget trading
                                    program.
R 336.1804.......................  Retired unit              5/20/04  12/23/04, 69 FR
                                    exemption from                     76848.
                                    oxides of nitrogen
                                    budget trading
                                    program.
R 336.1805.......................  Standard                  12/4/02  12/23/04, 69 FR
                                    requirements of                    76848.
                                    oxides of nitrogen
                                    budget trading
                                    program.

[[Page 52475]]


R 336.1806.......................  Computation of time       12/4/02  12/23/04, 69 FR
                                    under oxides of                    76848.
                                    nitrogen budget
                                    trading program.
R 336.1807.......................  Authorized account        12/4/02  12/23/04, 69 FR
                                    representative                     76848.
                                    under oxides of
                                    nitrogen budget
                                    trading program.
R 336.1808.......................  Permit requirements       12/4/02  12/23/04, 69 FR
                                    under oxides of                    76848.
                                    nitrogen budget
                                    trading program.
R 336.1809.......................  Compliance                12/4/02  12/23/04, 69 FR
                                    certification under                76848.
                                    oxides of nitrogen
                                    budget trading
                                    program.
R 336.1810.......................  Allowance                 12/4/02  12/23/04, 69 FR
                                    allocations under                  76848.
                                    oxides of nitrogen
                                    budget trading
                                    program.
R 336.1811.......................  New source set-aside      5/20/04  12/23/04, 69 FR
                                    under oxides of                    76848.
                                    nitrogen budget
                                    trading program.
R 336.1812.......................  Allowance tracking        12/4/02  12/23/04, 69 FR
                                    system and                         76848.
                                    transfers under
                                    oxides of nitrogen
                                    budget trading
                                    program.
R 336.1813.......................  Monitoring and            12/4/02  12/23/04, 69 FR
                                    reporting                          76848.
                                    requirements under
                                    oxides of nitrogen
                                    budget trading
                                    program.
R 336.1814.......................  Individual opt-ins        12/4/02  12/23/04, 69 FR
                                    under oxides of                    76848.
                                    nitrogen budget
                                    trading program.
R 336.1815.......................  Allowance banking         12/4/02  12/23/04, 69 FR
                                    under oxides of                    76848.
                                    nitrogen budget
                                    trading program.
R 336.1816.......................  Compliance                12/4/02  12/23/04, 69 FR
                                    supplement pool                    76848.
                                    under oxides of
                                    nitrogen budget
                                    trading program.
R 336.1817.......................  Emission limitations      12/4/02  12/23/04, 69 FR
                                    and restrictions                   76848.
                                    for Portland cement
                                    kilns.
----------------------------------------------------------------------------------------------------------------
                          Part 9. Emission Limitations and Prohibitions--Miscellaneous
----------------------------------------------------------------------------------------------------------------
R 339.1901.......................  Air contaminant or        1/18/80  5/6/80, 45 FR 29790.
                                    water vapor, when
                                    prohibited.
R 339.1906.......................  Diluting and              3/19/02  6/1/06, 71 FR 31093.
                                    concealing
                                    emissions.
R 339.1910.......................  Air-cleaning devices      1/18/80  5/6/80, 45 FR 29790.
R 339.1911.......................  Malfunction               3/19/02  6/1/06, 71 FR 31093.
                                    abatement plans.
R 339.1912.......................  Abnormal conditions       1/18/80  5/6/80, 45 FR 29790.
                                    and breakdown of
                                    equipment.
R 339.1915.......................  Enforcement               5/27/02  2/24/03, 68 FR 8550.
                                    discretion in
                                    instances of excess
                                    emission resulting
                                    from malfunction,
                                    start-up, or
                                    shutdown.
R 339.1916.......................  Affirmative defense       5/27/02  2/24/03, 68 FR 8550.
                                    for excess
                                    emissions during
                                    start-up or
                                    shutdown.
R 339.1930.......................  Emission of carbon        3/19/02  6/1/06, 71 FR 31093.
                                    monoxide from
                                    ferrous cupola
                                    operations.
----------------------------------------------------------------------------------------------------------------
                                   Part 10. Intermittent Testing and Sampling
----------------------------------------------------------------------------------------------------------------
R 336.2001.......................  Performance tests by      3/19/02  6/1/06, 71 FR 31093,
                                    owner.                             6/1/06 71 FR 31093.
R 336.2002.......................  Performance tests by      3/19/02  6/1/06, 71 FR 31093.
                                    commission.
R 336.2003.......................  Performance test          3/19/02  6/1/06, 71 FR 31093.
                                    criteria.
R 336.2004.......................  Appendix A;               3/19/02  6/1/06, 71 FR 31093.
                                    reference test
                                    methods; adoption
                                    of federal
                                    reference test
                                    methods.
R 336.2005.......................  Reference test            3/19/02  6/1/06, 71 FR 31093.
                                    methods for
                                    delivery vessels.

[[Page 52476]]


R 336.2006.......................  Reference test            4/27/93  9/7/94, 59 FR 46182.
                                    method serving as
                                    alternate version
                                    of federal
                                    reference test
                                    method 25 by
                                    incorporating Byron
                                    analysis.
R 336.2007.......................  Alternate version of      3/19/02  6/1/06, 71 FR 31093.
                                    procedure L,
                                    referenced in R
                                    336.2040(10).
R 336.2011.......................  Reference test            4/29/05  6/1/06, 71 FR 31093.
                                    method 5B.
R 336.2012.......................  Reference test           10/15/04  6/1/06, 71 FR 31093.
                                    method 5C.
R 336.2013.......................  Reference test            3/19/02  6/1/06, 71 FR 31093.
                                    method 5D.
R 336.2014.......................  Reference test           10/15/04  6/1/06, 71 FR 31093.
                                    method 5E.
R 336.2021.......................  Figures.............      3/19/02  6/1/06, 71 FR 31093.
R 336.2030.......................  Reference test            2/22/85  6/11/92, 57 FR 24752
                                    method 9A.
R 336.2031.......................  Reference test            2/22/85  6/11/92, 57 FR 24752
                                    method 9B.
R 336.2032.......................  Reference test            2/22/85  6/11/92, 57 FR 24752
                                    method 9C.
R 336.2033.......................  Test methods for          2/22/85  6/11/92, 57 FR 24752
                                    coke oven quench
                                    towers.
R 336.2040.......................  Method for                3/19/02  6/1/06, 71 FR 31093.  All except sections
                                    determination of                                         (9) and (10).
                                    volatile organic
                                    compound emissions
                                    from coating lines
                                    and graphic arts
                                    lines.
R 336.2041.......................  Recording                 4/27/93  9/7/94, 59 FR 46182.
                                    requirements for
                                    coating lines and
                                    graphic arts lines.
----------------------------------------------------------------------------------------------------------------
                                     Part 11. Continuous Emission Monitoring
----------------------------------------------------------------------------------------------------------------
R 336.2101.......................  Continuous emission       3/19/02  6/1/06, 71 FR 31093.
                                    monitoring, fossil
                                    fuel-fired steam
                                    generators.
R 336.2102.......................  Continuous emission       1/18/80  11/2/88, 53 FR 44189
                                    monitoring,
                                    sulfuric acid-
                                    producing
                                    facilities.
R 336.2103.......................  Continuous emission       1/18/80  11/2/88, 53 FR 44189
                                    monitoring, fluid
                                    bed catalytic
                                    cracking unit
                                    catalyst
                                    regenerators at
                                    petroleum
                                    refineries.
R 336.2150.......................  Performance               3/19/02  6/1/06, 71 FR 31093.
                                    specifications for
                                    continuous emission
                                    monitoring systems.
R 336.2151.......................  Calibration gases         1/18/80  11/2/88, 53 FR 44189
                                    for continuous
                                    emission monitoring
                                    systems.
R 336.2152.......................  Cycling time for          1/18/80  11/2/88, 53 FR 44189
                                    continuous emission
                                    monitoring systems.
R 336.2153.......................  Zero and drift for        1/18/80  11/2/88, 53 FR 44189
                                    continuous emission
                                    monitoring systems.
R 336.2154.......................  Instrument span for       1/18/80  11/2/88, 53 FR 44189
                                    continuous emission
                                    monitoring systems.
R 336.2155.......................  Monitor location for      3/19/02  6/1/06, 71 FR 31093.
                                    continuous emission
                                    monitoring systems.
R 336.2159.......................  Alternative               3/19/02  6/1/06, 71 FR 31093.
                                    continuous emission
                                    monitoring systems.
R 336.2170.......................  Monitoring data           3/19/02  6/1/06, 71 FR 31093.
                                    reporting and
                                    recordkeeping.
R 336.2175.......................  Data reduction           11/15/04  6/1/06, 71 FR 31093.
                                    procedures for
                                    fossil fuel-fired
                                    steam generators.
R 336.2176.......................  Data reduction            1/18/80  11/2/88, 53 FR 44189
                                    procedures for
                                    sulfuric acid
                                    plants.
R 336.2189.......................  Alternative data          3/19/02  6/1/06, 71 FR 31093.
                                    reporting or
                                    reduction
                                    procedures.
R 336.2190.......................  Monitoring System         3/19/02  6/1/06, 71 FR 31093.
                                    Malfunctions.
R 336.2199.......................  Exemptions from           1/18/80  11/2/88, 53 FR 44189  All except section
                                    continuous emission                                      (c).
                                    monitoring
                                    requirements.
----------------------------------------------------------------------------------------------------------------

[[Page 52477]]


                                 Part 16. Organization, Operation and Procedures
----------------------------------------------------------------------------------------------------------------
R 336.2606.......................  Declaratory rulings       1/18/80  11/2/88, 53 FR 44189
                                    requests.
R 336.2607.......................  Consideration and         1/18/80  11/2/88, 53 FR 44189
                                    disposition of
                                    declaratory rulings
                                    requests.
----------------------------------------------------------------------------------------------------------------
                                                Part 17. Hearings
----------------------------------------------------------------------------------------------------------------
R 336.2701.......................  Procedures from           4/10/00  6/28/02, 67 FR 43548
                                    Administrative
                                    Procedures Act.
R 336.2702.......................  Service of notices        4/10/00  6/28/02, 67 FR 43548
                                    and orders;
                                    appearances.
R 336.2704.......................  Hearing                   1/18/80  11/2/88, 53 FR 44189
                                    commissioner's
                                    hearings.
R 336.2705.......................  Agency files and          1/18/80  11/2/88, 53 FR 44189
                                    records, use in
                                    connection with
                                    hearings.
R 336.2706.......................  Commission hearings       1/18/80  11/2/88, 53 FR 44189
                                    after hearing
                                    commissioner
                                    hearings.
----------------------------------------------------------------------------------------------------------------
                                                Executive Orders
----------------------------------------------------------------------------------------------------------------
1991-31..........................  Commission of              1/7/92  11/6/97, 62 FR 59995  Introductory and
                                    Natural Resources,                                       concluding words of
                                    Department of                                            issuance; Title I:
                                    Natural Resources,                                       General, Part A
                                    Michigan Department                                      Sections 1, 2, 4 &
                                    of Natural                                               5 and Part B; Title
                                    Resources,                                               III: Environmental
                                    Executive                                                Protection, Part A
                                    Reorganization.                                          Sections 1 & 2 and
                                                                                             Part D; Title IV:
                                                                                             Miscellaneous,
                                                                                             Parts A & B, Part C
                                                                                             Sections 1, 2 & 4
                                                                                             and Part D.
1995-18..........................  Michigan Department       9/30/95  11/6/97, 62 FR 59995  Introductory and
                                    of Environmental                                         concluding words of
                                    Quality, Michigan                                        issuance;
                                    Department of                                            Paragraphs 1, 2,
                                    Natural Resources,                                       3(a) & (g), 4, 7,
                                    Executive                                                8, 9, 10, 11, 12,
                                    Reorganization.                                          13, 15, 16, 17, and
                                                                                             18.
----------------------------------------------------------------------------------------------------------------
                                                 State Statutes
----------------------------------------------------------------------------------------------------------------
Act 250 of 1965, as amended......  Tax Exemption Act...         1972  5/31/72, 37 FR 10841
Act 348 of 1965, as amended......  Air Pollution Act...         1972  5/31/72, 37 FR 10841
Act 348 of 1965, as amended......  Air Pollution Act...         1986  2/17/88, 53 FR 4622.  Only section 7a.
Act 348 of 1965, as amended......  Air Pollution Act...         1990  3/8/94, 59 FR 10752.  Only sections 5 and
                                                                                             14a.
Act 127 of 1970..................  Michigan                  7/27/70  5/31/72, 37 FR 10841
                                    Environmental
                                    Protection Act.
Act 283 of 1964, as amended......  Weights and Measures      8/28/64  5/5/97, 62 FR 24341.  Only chapter 290,
                                    Act.                                                     sections 613 and
                                                                                             615.
Act 44 of 1984, as amended.......  Michigan Motor Fuels     11/13/93  5/5/97, 62 FR 24341.  Only chapter 290,
                                    Quality Act.                                             sections 642, 643,
                                                                                             645, 646, 647, and
                                                                                             649.
Act 12 of 1993...................  Small Business Clean       4/1/93  6/3/94, 59 FR 28785.
                                    Air Assistance Act.
Act 451 of 1994, as amended......  Natural Resources         3/30/95  2/10/98, 63 FR 6650.  Only sections
                                    and Environmental                                        324.5524 and
                                    Protection Act.                                          324.5525.
House Bill 4165..................  Motor Vehicle            11/13/93  2/21/96, 61 FR 31831
                                    Emissions
                                    Inspection and
                                    Maintenance Program
                                    Act.
House Bill 4898..................  An Act to amend          11/13/93  10/11/94, 59 FR
                                    section 3 of Act 44                51379.
                                    of 1984.
House Bill 5016..................  Motor Vehicle            11/13/93  3/7/95, 60 FR 12459.
                                    Emissions Testing
                                    Program Act.
Senate Bill 726..................  An Act to amend          11/13/93  9/7/94, 59 FR 46182.
                                    sections 2, 5, 6,
                                    7, and 8 of Act 44
                                    of 1984.
----------------------------------------------------------------------------------------------------------------
                                                Local Regulations
----------------------------------------------------------------------------------------------------------------
City of Grand Rapids Ordinance 72- City of Grand Rapids         1972  5/31/72, 57 FR 10841  Ordinance amends
 34.                                Air Pollution                                            sections 9.35 and
                                    Control Regulations.                                     9.36 of article 4,
                                                                                             Chapter 151 Title
                                                                                             IX of the Code of
                                                                                             the City of Grand
                                                                                             Rapids.

[[Page 52478]]


Muskegon County Air Pollution      Muskegon County Air       3/27/73  5/16/84, 49 FR 20650  Only article 14,
 Control Rules.                     Pollution Control                                        section J.
                                    Rules and
                                    Regulations, as
                                    amended.
Wayne County Air Pollution         Wayne County Air          3/20/69  5/16/80, 45 FR 29790
 Control Regulations.               Pollution Control
                                    Regulations.
Wayne County variance............  Minutes from 1981         9/18/81  5/16/80, 45 FR 29790
                                    board meeting.
Wayne County Air Pollution         Wayne County Air         11/18/85  5/13/93, 58 FR 28359  Only: chapters 1, 2,
 Control Ordinance.                 Pollution Control                                        3, 5 (except for
                                    Ordinance.                                               the portions of
                                                                                             section 501 which
                                                                                             incorporate by
                                                                                             reference the
                                                                                             following parts of
                                                                                             the state rules:
                                                                                             the quench tower
                                                                                             limit in R
                                                                                             336.1331, Table 31,
                                                                                             section C.8; the
                                                                                             deletion of the
                                                                                             limit in R 336.1331
                                                                                             for coke oven coal
                                                                                             preheater
                                                                                             equipment; and R
                                                                                             336.1355), 8
                                                                                             (except section
                                                                                             802), 9, 11, 12,
                                                                                             13, and appendices
                                                                                             A and D.
----------------------------------------------------------------------------------------------------------------

    (d) EPA approved state source-specific requirements.

                                EPA-Approved Michigan Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
                                                            State
          Name of source                 Order No.        effective     EPA approval date         Comments
                                                             date
----------------------------------------------------------------------------------------------------------------
Allied Signal, Inc., Detroit Tar   4-1993..............     10/12/94  1/17/95, 60 FR 3346.
 Plant, Wayne County.
American Colloid Plant...........  Permit 341-79.......     12/18/79  9/15/83, 48 FR 41403
American Colloid Plant...........  Permit 375-79.......     11/23/79  9/15/83, 48 FR 41403
Asphalt Products Company, Plant    5-1993..............     10/12/94  1/17/95, 60 FR 3346.
 5A, Wayne County.
Clark Oil and Refining             6-1981..............      6/24/82  12/13/82, 47 FR
 Corporation, Calhoun County.                                          55678.
Clawson Concrete Company, Plant    6-1993..............     10/12/94  1/17/95, 60 FR 3346.
 1, Wayne County.
Conoco, Inc., Berrien County.....  17-1981.............      9/28/81  2/17/82, 47 FR 6828.
Consumers Power Company, B. C.     6-1979..............     12/10/79  5/1/81, 46 FR 24560.
 Cobb Plant, Muskegon County.
Consumers Power Company, J.H.      12-1984.............      10/1/84  1/12/87, 52 FR 1183.
 Campbell Plant, Units 1 and 2,
 Ottawa County.
Continental Fibre Drum, Inc.,      14-1987.............      12/9/87  6/11/92, 57 FR 24752
 Midland County.
Cummings-Moore Graphite Company,   7-1993..............     10/12/94  1/17/95, 60 FR 3346.
 Wayne County.
CWC Castings Division of Textron,  12-1979.............      2/15/80  5/16/84, 49 FR 20650
 Muskegon County.
Delray Connecting Railroad         8-1993..............     10/12/94  1/17/95, 60 FR 3346.
 Company, Wayne County.
Detroit Edison Company, Boulevard  7-1981..............      4/28/81  5/4/82, 47 FR 19133.
 Heating Plant, Wayne County.
Detroit Edison Company, City of    4-1978..............     11/14/78  8/25/80, 45 FR 56344
 St. Clair, St. Clair County.
Detroit Edison Company, Monroe     9-1977..............       7/7/77  12/21/79, 44 FR
 County.                                                               75635 (correction:
                                                                       3/20/80, 45 FR
                                                                       17997).
Detroit Edison Company, River      9-1993..............     10/12/94  1/17/95, 60 FR 3346.
 Rouge Power Plant, Wayne County.
Detroit Edison Company, Sibley     10-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Quarry, Wayne County.

[[Page 52479]]


Detroit Water and Sewerage         11-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Department, Wastewater Treatment
 Plant, Wayne County.
Diamond Crystal Salt Company, St.  13-1982.............       9/8/82  3/14/83, 48 FR 9256.
 Clair County.
Dow Chemical Company, Midland      12-1981.............      6/15/81  3/24/82, 47 FR 12625
 County.
Dow Chemical Company, West Side    19-1981.............      7/21/81  3/24/82, 47 FR 12625  Only sections A(3),
 and South Side Power Plants,                                                                B, C, D, and E.
 Midland County.
Dundee Cement Company, Monroe      8-1979..............     10/17/79  8/11/80, 45 FR 53137
 County.
Dundee Cement Company, Monroe      16-1980.............     11/19/80  12/3/81, 46 FR 58673
 County.
Eagle Ottawa Leather Company,      7-1994..............      7/13/94  10/23/95, 60 FR
 Ottawa County.                                                        54308.
Edward C. Levy Company, Detroit    15-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Lime Company, Wayne County.
Edward C. Levy Company, Plant      16-1993.............     10/12/94  1/17/95, 60 FR 3346.
 1, Wayne County.
Edward C. Levy Company, Plant      17-1993.............     10/12/94  1/17/95, 60 FR 3346.
 3, Wayne County.
Edward C. Levy Company, Plant      19-1993.............     10/12/94  1/17/95, 60 FR 3346.
 4 and 5, Wayne County.
Edward C. Levy Company, Plant      18-1993.............     10/12/94  1/17/95, 60 FR 3346.
 6, Wayne County.
Edward C. Levy Company, Scrap Up-  20-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Grade Facility, Wayne County.
Enamalum Corporation, Oakland      6-1994..............      6/27/94  2/21/96, 61 FR 6545.
 County.
Ferrous Processing and Trading     12-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Company, Wayne County.
Ford Motor Company, Rouge          13-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Industrial Complex, Wayne County.
Ford Motor Company, Utica Trim     39-1993.............     11/12/93  9/7/94, 59 FR 46182.
 Plant, Macomb County.
Ford Motor Company, Vulcan Forge,  14-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Wayne County.
General Motors Corporation,        18-1981.............      7/28/83  5/16/84, 49 FR 20649  Original order
 Warehousing and Distribution                                                                effective 12/1/81,
 Division, Genesee County.                                                                   as altered
                                                                                             effective 7/28/83.
General Motors Corporation, Buick  10-1979.............       5/5/80  2/10/82, 47 FR 6013.
 Motor Division Complex, Flint,
 Genesee County.
General Motors Corporation, Buick  8-1982..............       4/2/84  8/22/88, 53 FR 31861  Original order
 Motor Division, Genesee County.                                                             effective 7/12/82,
                                                                                             as altered
                                                                                             effective 4/2/82.
General Motors Corporation,        12-1982.............      7/22/82  7/5/83, 48 FR 31022.
 Cadillac Motor Car Division,
 Wayne County.
General Motors Corporation,        8-1983..............       6/9/83  12/13/85, 50 FR       Supersedes paragraph
 Central Foundry Division,                                             50907.                7.F of order 6-
 Saginaw Malleable Iron Plant,                                                               1980.
 Saginaw County.
General Motors Corporation,        6-1980..............      7/30/82  8/15/83, 48 FR 36818  Paragraph 7.F
 Central Foundry Division,                                                                   superseded by order
 Saginaw Malleable Iron Plant,                                                               8-1983. Original
 Saginaw County.                                                                             order effective 6/3/
                                                                                             80, as altered
                                                                                             effective 7/30/82.
General Motors Corporation,        10-1982.............      7/12/82  7/5/83, 48 FR 31022.
 Chevrolet Flint Truck Assembly,
 Genesee County.
General Motors Corporation,        1-1980..............      4/16/80  2/10/82, 47 FR 6013.
 Chevrolet Motor Division,
 Saginaw Grey Iron Casting Plant
 and Nodular Iron Casting Plant,
 Saginaw County.
General Motors Corporation,        11-1982.............      7/22/82  7/5/83, 48 FR 31022.
 Fisher Body Division, Fleetwood,
 Wayne County.

[[Page 52480]]


General Motors Corporation,        9-1982..............      7/12/82  7/5/83, 48 FR 31022.
 Fisher Body Division, Flint No.
 1, Genesee County.
General Motors Corporation, GM     5-1983..............       5/5/83  12/13/84, 49 FR 5345
 Assembly Division, Washtenaw
 County.
General Motors Corporation, Hydra- 3-1982..............      6/24/82  3/4/83, 48 FR 9256..
 Matic Division, Washtenaw County.
General Motors Corporation,        4-1983..............       5/5/83  12/13/84, 49 FR 5345
 Oldsmobile Division, Ingham
 County.
Hayes-Albion Corporation Foundry,  2-1980..............       2/2/82  48 FR 41403.........  Original order
 Calhoun County.                                                                             effective 2/15/80,
                                                                                             as altered
                                                                                             effective 2/2/82.
J. H. Campbell Plant, Ottawa       5-1979..............       2/6/80  12/24/80, 45 FR       Original order
 County.                                                               85004 (correction:    effective 6/25/79,
                                                                       3/16/81 46 FR         as altered
                                                                       16895).               effective 2/6/80.
Keywell Corporation, Wayne County  31-1993.............     10/12/94  1/17/95, 60 FR 3346.
Lansing Board of Water and Light.  4-1979..............      5/23/79  12/17/80, 45 FR       All except sections
                                                                       82926.                7 A, B, C1, D, E,
                                                                                             F, and section 8.
Marathon Oil Company, Muskegon     16-1981.............      7/31/81  2/22/82, 47 FR 7661.
 County.
Marblehead Lime Company, Brennan   21-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Avenue Plant, Wayne County.
Marblehead Lime Company, River     22-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Rouge Plant, Wayne County.
McLouth Steel Company, Trenton     23-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Plant, Wayne County.
Michigan Foundation Company,       24-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Cement Plant, Wayne County.
Michigan Foundation Company,       25-1993.............     10/12/94  1/17/95.60 FR 3346..
 Sibley Quarry, Wayne County.
Monitor Sugar Company, Bay County  21-1981.............     10/29/81  5/19/82, 47 FR 21534
Morton International, Inc.,        26-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Morton Salt Division, Wayne
 County.
National Steel Corporation, Great  27-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Lakes Division, Wayne County.
National Steel Corporation,        28-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Transportation and Materials
 Handling Division, Wayne County.
New Haven Foundry, Inc., Macomb    12-1980.............      8/14/80  2/10/82, 47 FR 6013.
 County.
Northern Michigan Electric         16-1979.............      1/10/80  46 FR 34584.........
 Cooperative Advance Steam Plant,
 Charlevoix County.
Packaging Corporation of America,  23-1984.............       7/8/85  5/4/87, 52 FR 16246.
 Manistee County.
Peerless Metal Powders,            29-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Incorporated, Wayne County.
Rouge Steel Company, Wayne County  30-1993.............     10/12/94  1/17/95, 60 FR 3346.
S. D. Warren Company, Muskegon...  9-1979..............     10/31/99  1/27/81, 46 FR 8476.
St. Marys Cement Company, Wayne    32-1993.............     10/12/94  1/17/95, 60 FR 3346.
 County.
Traverse City Board of Light and   23-1981.............       1/4/82  5/19/82, 47 FR 21534
 Power, Grand Traverse County.
Union Camp Corporation, Monroe     14-1979.............       1/3/80  5/14/81, 46 FR 26641
 County.
United States Gypsum Company,      33-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Wayne County.
VCF Films, Inc., Livingston        3-1993..............      6/21/93  9/7/94, 59 FR 46182.
 County.
Woodbridge Corporation, Washtenaw  40-1993.............     11/12/93  9/7/94, 59 FR 46182.
 County.
Wyandotte Municipal Power Plant,   34-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Wayne County.
----------------------------------------------------------------------------------------------------------------


[[Page 52481]]

    (e) EPA approved nonregulatory and quasi-regulatory provisions.

                       EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                  Applicable
  Name of nonregulatory SIP      geographic or                                  EPA approval
          provision              nonattainment       State submittal date           date            Comments
                                     area
----------------------------------------------------------------------------------------------------------------
Implementation plan for the    Statewide.......  2/3/72                       5/31/72, 37 FR    Sections
 control of suspended                                                          10841.            include: Air
 particulates, sulfur oxides,                                                                    quality control
 carbon monoxide,                                                                                regions, legal
 hydrocarbons, nitrogen                                                                          authority, air
 oxides, and photochemical                                                                       quality data,
 oxidants in the state of                                                                        emission data,
 Michigan.                                                                                       control
                                                                                                 strategy,
                                                                                                 control
                                                                                                 regulations,
                                                                                                 compliance
                                                                                                 plans and
                                                                                                 schedules,
                                                                                                 prevention of
                                                                                                 air pollution
                                                                                                 emergency
                                                                                                 episodes, air
                                                                                                 quality
                                                                                                 surveillance
                                                                                                 program,
                                                                                                 control of
                                                                                                 emission
                                                                                                 sources,
                                                                                                 organization
                                                                                                 and resources,
                                                                                                 and
                                                                                                 intergovernment
                                                                                                 al cooperation.
Reevaluation of control        Berrien and       3/3/72                       10/28/72, 37 FR
 strategies.                    Ingham Counties.                               23085.
Reasons and justifications...  Statewide.......  7/12/72                      10/28/72, 37 FR   Concerning
                                                                               23085.            general
                                                                                                 requirements of
                                                                                                 control
                                                                                                 strategy for
                                                                                                 nitrogen
                                                                                                 dioxide,
                                                                                                 compliance
                                                                                                 schedules, and
                                                                                                 review of new
                                                                                                 sources and
                                                                                                 modifications.
Public availability of         Statewide.......  7/24/72                      10/28/72, 37 FR
 emissions data.                                                               23085.
Compliance schedules.........  Alpena, Baraga,   5/4/73, 9/19/73, 10/23/73,   8/5/74, 39 FR
                                Charlevoix,       and 12/13/73                 28155.
                                Huron, Ionia,
                                Marquette,
                                Midland,
                                Muskegon,
                                Oakland,
                                Otsego, and St.
                                Clair Counties.
Compliance schedules.........  Allegan, Eaton,   2/16/73 and 5/4/73           9/10/74, 39 FR
                                Emmet, Genesee,                                32606.
                                Huron, Ingham,
                                Macomb, Monroe,
                                Ottawa,
                                Saginaw, and
                                St. Clair
                                Counties.
Air quality maintenance area    Macomb,          6/27/74 and 10/18/74         6/2/75, 40 FR
 identifications for            Oakland, Wayne                                 23746.
 particulate matter.            and Monroe
                                Counties.
Carbon monoxide control        Saginaw area....  4/25/79                      5/6/80, 45 FR
 strategy.                                                                     29790.
Ozone attainment               Flint, Lansing    4/25/79, 7/25/79, 10/12/79,  6/2/80, 45 FR
 demonstrations and             and Grand         10/26/79, 11/8/79, 12/26/    37188.
 transportation control plans.  Rapids urban      79
                                areas.
Transportation control plans.  Detroit urban     4/25/79, 7/25/79, 10/12/79,  6/2/80, 45 FR
                                area.             10/26/79, 11/8/79, 12/26/    37188.
                                                  79
Ozone control strategy for     Marquette,        4/25/79, 7/25/79, 10/12/79,  6/2/80, 45 FR
 rural ozone nonattainment      Muskegon,         10/26/79, 11/8/79, 12/26/    37188.
 areas.                         Gratiot,          79
                                Midland,
                                Saginaw, Bay,
                                Tuscola, Huron,
                                Sanilac,
                                Ottawa, Ionia,
                                Shiawassee,
                                Lapeer,
                                Allegan, Barry,
                                Van Buren,
                                Kalamazoo,
                                Calhoun,
                                Jackson,
                                Berrien, Cass,
                                Branch,
                                Hillsdale, and
                                Lenawee
                                Counties.
Carbon monoxide and ozone      Detroit urban     4/25/79, 7/25/79, 10/12/79,  6/2/80, 45 FR
 demonstrations of attainment   area.             10/26/79, 11/8/79, 12/26/    37192.
 and I/M program.                                 79, 3/20/80, 5/12/80, and
                                                  5/21/80
Ambient air quality            Statewide.......  12/19/79                     3/4/81, 46 FR
 monitoring, data reporting,                                                   15138.
 and surveillance provisions.
Transportation control plan..  Niles...........  4/25/79, 10/26/79, 11/8/79,  4/17/81, 46 FR
                                                  12/26/79, 8/4/80, and 8/8/   22373.
                                                  80

[[Page 52482]]


Provisions addressing          Statewide.......  4/25/79 and 10/12/79         6/5/81, 46 FR     Concerns permit
 sections 110(a)(2)(K),                                                        30082.            fees,
 126(a)(2), 127, and 128 of                                                                      interstate
 the Clean Air Act as amended                                                                    pollution,
 in 1977.                                                                                        public
                                                                                                 notification,
                                                                                                 and state
                                                                                                 boards.
Section 121,                   Statewide.......  5/25/79                      11/27/81, 46 FR
 intergovernmental                                                             57893.
 consultation.
Total suspended particulate    Detroit area....  3/7/80 and 4/21/81           2/18/82, 47 FR
 studies.                                                                      7227.
Lead plan....................  Statewide.......  12/27/79 and 2/9/81          4/13/82, 47 FR
                                                                               15792.
Reduction in size of Detroit   Wayne, Oakland,   9/1/82                       7/7/83, 48 FR
 ozone area.                    Macomb,                                        31199.
                                Livingston,
                                Monroe, St.
                                Clair, and
                                Washtenaw
                                Counties.
Negative declarations........  Wayne, Oakland    10/10/83, 5/17/85, and 6/12/ 11/24/86, 51 FR   Includes large
                                and Macomb        85                           42221.            petroleum dry
                                Counties.                                                        cleaners, high-
                                                                                                 density
                                                                                                 polyethylene,
                                                                                                 polypropylene,
                                                                                                 and polystyrene
                                                                                                 resin
                                                                                                 manufacturers,
                                                                                                 and synthetic
                                                                                                 organic
                                                                                                 chemical
                                                                                                 manufacturing
                                                                                                 industry--oxida
                                                                                                 tion.
Information relating to order  Genesee County..  9/6/84                       8/22/88, 53 FR
 8-1982: letter dated 9/6/84                                                   31861.
 from Michigan Department of
 Natural Resources to EPA.
Information relating to order  Midland County..  12/17/87                     10/3/89, 54 FR
 14-1987: letter dated 12/17/                                                  40657.
 87 from Michigan Department
 of Natural Resources to EPA.
Appendices A and D of Wayne     Wayne County...  10/10/86                     5/13/93, 58 FR    Effective 11/18/
 County Air Pollution Control                                                  28359.            85.
 Ordinance.
Information supporting         Statewide.......  11/16/92, 10/25/93, and 2/7/ 3/8/94, 59 FR
 emissions statement program.                     94                           10752.
1990 base year emissions       Grand Rapids and  1/5/93                       7/26/94, 59 FR
 inventory.                     Muskegon areas.                                37944.
Section 182(f) NOX exemption.  Detroit-Ann       11/12/93                     8/10/94, 59 FR
                                Arbor area.                                    40826.
Negative declarations........  Livingston,       3/30/94                      9/7/94, 59 FR     Includes: Large
                                Macomb, Monroe,                                46182.            petroleum dry
                                Oakland, St.                                                     cleaners, SOCMI
                                Clair,                                                           air oxidation
                                Washtenaw,                                                       processes, high-
                                Wayne, Kent,                                                     density
                                Ottawa, and                                                      polyethylene
                                Muskegon                                                         and
                                Counties.                                                        polypropylene
                                                                                                 resin
                                                                                                 manufacturing
                                                                                                 and pneumatic
                                                                                                 rubber tire
                                                                                                 manufacturing.
I/M program..................  Grand Rapids and  11/12/93 and 7/19/94         10/11/94, 59 FR   Includes:
                                Muskegon areas.                                51379.            document
                                                                                                 entitled
                                                                                                 ``Motor Vehicle
                                                                                                 Emissions
                                                                                                 Inspection and
                                                                                                 Maintenance
                                                                                                 Program for
                                                                                                 Southeast
                                                                                                 Michigan, Grand
                                                                                                 Rapids MSA, and
                                                                                                 Muskegon MSA
                                                                                                 Moderate
                                                                                                 Nonattainment
                                                                                                 Areas,'' RFP,
                                                                                                 and
                                                                                                 supplemental
                                                                                                 materials.
1990 base year emissions       Detroit-Ann       11/12/93                     3/7/95, 60 FR
 inventory and 1-hour ozone     Arbor area                                     12459.
 maintenance plan.              (Livingston,
                                Macomb, Monroe,
                                Oakland, St.
                                Clair,
                                Washtenaw, and
                                Wayne Counties).
Section 182(f) NOX exemptions  Clinton, Ingham,  7/1/94 and 7/8/94            4/27/95, 60 FR
                                Eaton, and                                     20644.
                                Genesee
                                Counties.

[[Page 52483]]


Section 182(f) NOX exemptions  Kent, Ottawa,     7/13/94                      1/26/96, 61 FR
                                Muskegon,                                      2428.
                                Allegan, Barry,
                                Bay, Berrien,
                                Branch,
                                Calhoun, Cass,
                                Clinton, Eaton,
                                Gratiot,
                                Genesee,
                                Hillsdale,
                                Ingham, Ionia,
                                Jackson,
                                Kalamazoo,
                                Lenawee,
                                Midland,
                                Montcalm, St.
                                Joseph,
                                Saginaw,
                                Shiawassee, and
                                Van Buren
                                Counties.
1-hour ozone maintenance plan  Grand Rapids      3/9/95                       6/21/96, 61 FR
                                area.                                          31831.
PM-10 maintenance plan.......  Wayne County....  7/24/95                      8/5/96, 61 FR
                                                                               40516.
General conformity...........  Statewide.......  11/29/94                     12/18/96, 61 FR
                                                                               66607.
Transportation conformity....  Statewide.......  11/24/94                     12/18/96, 61 FR
                                                                               66609.
7.8 psi Reid vapor pressure    Wayne, Oakland,   5/16/96, 1/5/96, and 5/14/   5/5/97, 62 FR     Includes: letter
 gasoline-supplemental          Macomb,           96                           24341.            from Michigan
 materials.                     Washtenaw,                                                       Governor John
                                Livingston, St.                                                  Engler to
                                Clair, and                                                       Regional
                                Monroe Counties.                                                 Administrator
                                                                                                 Valdas Adamkus,
                                                                                                 dated 1/5/96,
                                                                                                 letter from
                                                                                                 Michigan
                                                                                                 Director of
                                                                                                 Environmental
                                                                                                 Quality Russell
                                                                                                 Harding to
                                                                                                 Regional
                                                                                                 Administrator
                                                                                                 Valdas Adamkus,
                                                                                                 dated 5/14/96,
                                                                                                 and state
                                                                                                 report entitled
                                                                                                 ``Evaluation of
                                                                                                 Air Quality
                                                                                                 Contingency
                                                                                                 Measures for
                                                                                                 Implementation
                                                                                                 in Southeast
                                                                                                 Michigan''.
Section 182(f) NOX exemption.   Muskegon County  11/22/95                     9/26/97, 62 FR
                                                                               50512.
Carbon monoxide maintenance    Detroit area      3/18/99                      6/30/99, 64 FR
 plan.                          (portions of                                   35017.
                                Wayne, Oakland,
                                and Macomb
                                Counties).
1-hour ozone maintenance plan  Muskegon County.  3/9/95                       8/30/00, 65 FR
                                                                               52651.
1-hour ozone maintenance plan  Allegan County..  9/1/00 and 10/13/00          11/24/00, 65 FR
                                                                               70490.
1-hour ozone maintenance plan  Genesee, Bay      5/9/00                       11/13/00, 65 FR
                                Midland, and                                   67629.
                                Saginaw
                                Counties.
1-hour ozone maintenance plan  Muskegon County.  3/22/01                      8/6/01, 66 FR     Revision to
 revision.                                                                     40895.            motor vehicle
                                                                                                 emission
                                                                                                 budgets.
----------------------------------------------------------------------------------------------------------------

[FR Doc. E6-14708 Filed 9-5-06; 8:45 am]

BILLING CODE 6560-50-P
