

[Federal Register: October 26, 2007 (Volume 72, Number 207)]
[Rules and Regulations]               
[Page 60783-60786]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc07-11]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2007-0631; FRL-8486-4]

 
Approval and Promulgation of Implementation Plans; Michigan; 
Recordkeeping and Reporting Requirements for Abnormal Conditions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving Michigan's June 29, 2007, request to 
revise recordkeeping and reporting requirements for abnormal 
conditions, start-up, shutdown, and malfunction of a source, process, 
or process equipment. The revised rule contains more specific and 
complete recordkeeping and reporting requirements than are currently 
approved into the Michigan State Implementation Plan (SIP). In the 
proposed rules section of this Federal Register, EPA is proposing 
approval of and soliciting public comment on this requested SIP 
revision. If adverse comments are received on this action, EPA will 
withdraw this final rule and address the comments received in response 
to this action in a final rule on the related proposed. A second public 
comment period will not be held. Parties interested in commenting on 
this action should do so at this time.

DATES: This direct final rule will be effective December 26, 2007, 
unless EPA receives adverse comments by November 26, 2007. 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-2007-0631, by one of the following methods:
    1. http://www.regulations.gov: Follow the online instructions for 

submitting comments.
    2. E-mail: mooney.john@epa.gov.
    3. Fax: (312) 886-5824.
    4. 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.
    5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant 
Section, Air Programs Branch (AR 18J), U.S.

[[Page 60784]]

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-
2007-0631. 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 whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through http://www.regulations.gov or e-mail. 

The http://www.regulations.gov Web site is an ``anonymous access'' system, 

which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov 

your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
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 Kathleen D'Agostino, Environmental 
Engineer, at (312) 886-1767 before visiting the Region 5 office.

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


SUPPLEMENTARY INFORMATION: In the following, whenever ``we,'' ``us,'' 
or ``our'' are used, we mean the United States Environmental Protection 
Agency.

Table of Contents

I. What Has Michigan Submitted?
II. What Action is EPA Taking?
III. Statutory and Executive Order Review

I. What Has Michigan Submitted?

    On June 29, 2007, the Michigan Department of Environmental Quality 
(MDEQ) submitted a revision to the Michigan SIP. The submittal revises 
recordkeeping and reporting requirements for abnormal conditions, 
start-up, shutdown, and malfunction of a source, process, or process 
equipment contained in R 336.1912 of the Michigan Administrative Code. 
The revised rule contains more specific and complete recordkeeping and 
reporting requirements than are currently approved into the SIP.
    The rule requires the owner or operator of a source to:
    1. Operate in a manner consistent with good air pollution control 
practices for minimizing emissions during periods of abnormal 
conditions, start-up, shutdown, and malfunctions;
    2. Provide notice of an abnormal condition, start-up, shutdown, or 
malfunction that results in the emission of a hazardous air pollutant 
or toxic air contaminant in excess of an emission standard which 
continues for more than one hour;
    3. Provide notice and a written report of an abnormal condition, 
start-up, shutdown, or malfunction that results in emissions of any air 
contaminant continuing for more than two hours in excess of a standard 
or limitation;
    4. Certify the truth, accuracy, and completeness of written 
reports; and
    5. Incorporate into a preventative maintenance and malfunction 
abatement plan actions taken to correct and to prevent a reoccurrence 
of an abnormal condition or malfunction.
    Notices, which can be by any reasonable means, including 
electronic, telephonic, or oral communication, are required to be 
submitted to the MDEQ no later than two business days after the start-
up or shutdown or after discovery of the abnormal conditions or 
malfunction. Written reports are required to be submitted to the MDEQ 
within ten days after the start-up or shutdown occurred, within ten 
days after the abnormal conditions or malfunction has been corrected, 
or within thirty days of discovery of the abnormal conditions or 
malfunction, whichever is first.
    Written reports must include the time and date, probable causes and 
duration of the abnormal conditions, start-up, shutdown, or 
malfunction; identification of the source, process, or process 
equipment involved; the type and, where possible, quantity or magnitude 
of the excess emissions; and information describing the measures taken 
and air pollution control practices followed to minimize emissions. For 
abnormal conditions and malfunctions, the report must also include a 
summary of the actions taken to correct and to prevent a reoccurrence 
of the abnormal conditions or malfunction and the time taken to correct 
the malfunction.

II. What Action Is EPA Taking?

    EPA is approving R 336.1912 as a revision to the Michigan SIP. We 
are publishing this action without prior proposal because we view this 
as a noncontroversial amendment and anticipate no adverse comments. 
However, in the proposed rules section of this Federal Register 
publication, we are publishing a separate document that will serve as 
the proposal to approve the state plan if relevant adverse written 
comments are filed. This rule will be effective December 26, 2007 
without further notice unless we receive relevant adverse written 
comments by November 26, 2007. 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 at this time. If we do not receive any comments, this 
action will be effective December 26, 2007.

III. Statutory and Executive Order Review

Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and

[[Page 60785]]

therefore is not subject to review by the Office of Management and 
Budget.

Executive Order 13211: Actions That Significantly Affect Energy Supply, 
Distribution, or Use

    Because it is not a ``significant regulatory action'' under 
Executive Order 12866 or a ``significant energy action,'' this action 
is also not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001).

Regulatory Flexibility Act

    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.).

Unfunded Mandates Reform Act

    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).

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    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).

Executive Order 13132: Federalism

    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.

Executive Order 13045: Protection of Children From Environmental Health 
and Safety Risks

    This rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it approves a state rule implementing a 
Federal Standard.

National Technology Transfer Advancement Act

    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.

Paperwork Reduction Act

    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.).

Congressional Review Act

    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 December 26, 2007. 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: October 10, 2007.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.

0
Parts 52, chapter I, title 40 of the Code of Federal Regulations 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 X--Michigan

0
2. Section 52.1170(c) is amended by revising entry ``R 336.1912'' under 
part 9 to read as follows:


Sec.  52.1170  Identification of plan.

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    (c) * * *

                                        EPA-Approved Michigan Regulations
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                                                        State effective
        Michigan citation                Title               date          EPA approval date       Comments
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                                                  * * * * * * *
                          Part 9. Emission Limitations and Prohibitions--Miscellaneous
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[[Page 60786]]


                                                  * * * * * * *
R 336.1912......................  Abnormal            7/26/95, as         10/26/07 [Insert
                                   conditions, start-  corrected 6/1/07.   page number where
                                   up, shutdown, and                       the document
                                   malfunction of a                        begins].
                                   source, process,
                                   or process
                                   equipment,
                                   operating,
                                   notification, and
                                   reporting
                                   requirements.

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[FR Doc. E7-20935 Filed 10-25-07; 8:45 am]

BILLING CODE 6560-50-P
